U.S. Constitution: A 'Living Document' Term Paper

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The U.S. Constitution as it was originally written by Thomas Jefferson and signed by the Founding Fathers, however, was flawed in this way.

Within the U.S. Constitution as it was originally written, for example, blacks are explicitly referred to as unequal. Article I, Section 2 of the United States Constitution states: "Representatives...shall be apportioned among the several States... according to their respective Numbers, which shall be determined by adding to the whole number of free persons...and....three-fifths of all other persons" [italics added] (Constitution of the United States, 2000, pp. 26-27). The 14th Amendment (1868), however, which states that: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" (Fourteenth Amendment, May 28, 2006) abolished this earlier law (Constitution, 2000).

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Clearly, then, America's Constitution deserves its description as a 'living document', because, like a living, breathing entity, the Constitution has evolved and changed over time and continues to be able to do so, depending on new national circumstances and/or unforeseen needs or conditions of citizens. This is only possible, however, because there was much flexibility and fluidity built into the original Constitution. For that reason, then, the United States Constitution remains a viable 'living document' today, while, on the other hand, many other Constitutions of other nations, some much younger, have long been dead and buried......

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