U S Constitution the Effect That Ever Changing Research Paper

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U.S. CONSTITUTION

The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution

The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution

The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution

Constitution represents the supreme law that directs political, social, cultural, and economic aspects of the nation. All other laws must be in line with the constitution in order to be effective and efficient in their application. Social or societal values have continuous effects on the interpretation of the constitution. The main objective of the constitution is to protect the interest of the individuals in the society. This objective makes the constitution relevant to the societal values within the context of the United States of America. The societal values keep changing in the contemporary world thus resulting into various amendments and interpretation of the constitution to suit them. The changing habit of the societal values clearly affects the interpretation of the constitution by the Supreme Court. This effect or impact on the interpretation reflects on the amendments of the constitution. This paper would address the effects of the ever-changing societal values on the interpretation of the constitution in relation to the first fourteen amendments.

The first amendment of the U.S. constitution states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; the right of the people peaceably to assemble, and to petition the government for a redress of grievances" (Vile, 2010). This is indication of influence of fairness and justice within the nation. The society has the right to express their feelings about events of the nation. They are also free to join any religion according to the interpretation of the constitution. Societal value of fairness and freedom guides the interpretation of the constitution in relation to the first amendment.

The second amendment of the United States of America notes the need for security within the nation by the military arm of the government. The amendment also notes that the rights of the individuals or people to keep and bear arms are under no infringement. This is an indication of the importance of security as a social value within the setting of the nation. Human beings must be secure in their residential areas, work places, and any other location within the planet. This makes it critical for the constitution to ensure the security for the citizens. There are prevalent cases of crimes in the contemporary or modern world. This notion makes it necessary for citizens to own arms legally in order to facilitate their protection or security. This societal value directs the interpretation of the constitution by the Supreme Court of the United States of America.

The third amendment of the constitution prohibits any soldier in the process of war or peace to quarter in any house without the consent of the owner. This prescription must be in accordance with the law. The societal values demand that military officials must have authority or permission to quarter in any house. This is an appreciation of the rights of individuals for privacy. Members of the society have authority over their residential homes hence enjoy the protection by the constitution. The need of the society to protect the privacy of its members directs the interpretation of the constitutional amendment. There is protection from invasion with no prescription of the law. Societal value (security) also plays an important role in the interpretation of this clause by the Supreme Court of the United States of America. This is in relation to the security of the residential homes by the society members.

The fourth amendment of the constitution illustrates on the rights of the citizens in relation to security of homes, papers, persons, and effects against unnecessary and unreasonable search and seizures. The amendment also notes that issue of warrants must be in line with the prescription of the constitution. This is an indication of the rights of the individuals in the society as social human beings. Individuals in the society enjoy the value of justice and fairness in relation to interpretation of the amendment of the constitution. There is a correlation between the social value (justice) and illustration of the clause. It is crucial for the society to adopt justice and fairness in interactions with other members in the nation. This notion directs the Supreme Court into making interpretations that promote harmonious existence in the society.

The fifth amendment of the constitution indicates that no member of the society should be responsible for capital or any infamous crime in the absence of the indictment of the grand jury. This clause does not apply to cases of land or militia operations (war and peace). The person also enjoys the rights against double jeopardy of life. This amendment ensures that promotion of fairness and justice since society members have the opportunity to defend themselves in the context of court. The constitution recognizes the rights of the society members hence interpretation of the supreme law of the land by the courts. In the interpretation of the constitution, the Supreme Court notes the critical essence of social values such as privacy, protection or security, justice, and fairness hence the application of the supreme law of the land in relation to the citizens.

The sixth amendment of the constitution is also critical in relation to right of individuals to faster prosecution process and availability of the witnesses or other representatives. The constitution promotes fairness during the prosecution process regardless of race, age, gender, or economic background. This is an illustration of fair and just society. The prevailing social values in relation to this amendment are justice, fairness, and freedom. The three societal values direct the interpretation of the constitution by the Supreme Court of the United States of America. This amendment notes the existing relationship between the law and the societal values in promoting healthy interactions within the nation. This is crucial to the development of the nation in political, social, economic, and cultural aspects (Chemerinsky, 2007).

The seventh amendment states, "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law" (Vile, 2010). This is an illustration of a fair trial and justice system. The Constitution acts towards solving relevant disputes within the society thus enhancing healthy interactions and existence. The aim of the constitution is to reduce the extent of criminal cases in the society. This is through promotion of fairness and justice in the law courts and other relevant areas. It is crucial for the society to be in harmony. This existence promotes growth and development in different aspects of the society or the nation.

The eighth amendment of the constitution prohibits exertion of excessive bails, fines, or punishment to criminal offenders after the appearance before the law courts. The constitution recognizes the rights of the criminal offenders as human beings hence limit the amount of exploitation of these members of the society. Inflicting excessive punishment, bails, and fines are forms of exploitation or absence of fairness and justice in the society. The Supreme Court ensures that exploitation is minimal to the context of the nation since it represents a vice. Exploitation creates tension within the society. Presence of tension in the society leads to the development or growth of criminal cases. This notion directs the Supreme Court's interpretation of the constitution in relation to fairness and justice. There is a critical relationship between the social values and the eighth amendment. This is prominent in the type of protection to the criminals after the appearance before the law courts. Criminals enjoy equal rights like other citizens hence the promotion of fairness and justice in the process of prosecution (Chemerinsky, 2007).

The ninth amendment of the constitution states, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people" (Vile, 2010). This indicates that the constitution has the capacity to recognize rights of individuals not enumerated in the constitution. The interpretation of the constitution in relation to the ninth amendment is significant to the enjoyment of privacy as social value in the context of the society. Human beings have rights to privacy hence promotion of their development and growth as complete creatures. The constitution acts towards the development of the nation hence enhancement of social values such as privacy, fairness, and justice.

The tenth amendment of the constitution states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" (Vile, 2010). This is an indication of freedom to the states…[continue]

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