Why is it so many Americans and special interests groups try to interpret the consitution?

Question

The Constitution is not a difficult document to understand. Why is it that we always have groups like the ACLU who say they are protecting "our" rights when in reality they remove them? Japan and Germany had their constitutions written for the most part by Americans after the war yet do not have the same issues with religion, freedom of speech, or personal rights that we as Americans do. I really want to hear why you think they have not had the issues that we have, has the special interest in this country choked the intent of our constitution and Bill of rights for average Americans?

Answer 1

Hi Spartacus,

You ask a fair question, let me see if I can do justice to it.

The reason for all of the interpretation is that the American Constitution is extremely vague in its wording. At slightly over 4400 words it's actually the shortest written Constitution on earth.

The reason for the vagueness is because the First Congress didn't want to get into the fist fights that would have ensued if they'd been absolutely specific. I say "First Congress" because the real arguments are almost always confined to the amendments section of the Constitution. But please know, there are some terribly vague elements to the original document as well. And they exist for the same reason -- the delegates would never have reached agreement if absolute specificity was needed. And so, with THAT in mind , you say the document is not difficult to understand, so I ask...

What is the EXACT meaning of "Congress shall have all other powers which are Necessary and Proper..."

What is the EXACT meaning of "Cruel and Unusual Punishment?"

What is the EXACT meaning of "Secure in their papers and effects?"

Trust me, I could go on and on with this.

You're correct about other Constitutions. But here's the thing. Those other documents are extremely long and complicated documents. They're very specific, and as a result, become very dated, very quickly.

The US has the oldest LIVING Constitution on the face of the earth (with the exception of, believe it or not, San Marino). And the reason for its longevity is that every generation has been able to read into the porous words of the document what they needed to read.

So, for one generation, flogging prisoners was NOT considered Cruel and Unusual, and for another generation it was. And so it goes. The nature of the Constitution is to be a framework within which the concepts of justice and sound government are continually evolving.

So don't run from the arguments -- embrace them. Revel in the fact that the American Constitution invites and encourages continual debate on the critical questions, and that it is flexible enough to grow and develope.

Hope this helps. Cheers, mate.

Answer 2

Interest groups wanted that the interpretation of the Constitution be made in their favor so that they could do what they want just like being liberal or conservative.

Answer 3

Lobbyists have ruined our democratic process.