Discuss", Unit 3 Essay Examples: "The Electoral College is the best way to elect a president. Farber, Daniel A. The Court upheld a city ordinance restricting any “noise or diversion” that would disrupt activities at a public school against claims of vagueness. . What are the pros and cons of having a constitution that is written vaguely? . There is considerable debate about the strengths and weaknesses of the Constitution. ", Unit 4 Essay Advice: "“Lacking in effective leadership” Assess this claim about the US Congress", Unit 4 Essay Advice: "Members of Congress are now out of touch with the American people. Reach the audience you really want to apply for your teaching vacancy by posting directly to our website and related social media audiences. 2. West Yorkshire, Ratified in 1788, the document contains 27 amendments is readily available to read online. Overbroad statutes allow officials to enforce such laws selectively and in ways that may favor some viewpoints but punish others, and they create a chilling effect by making speakers wary of engaging in First Amendment speech for fear they may subsequently be convicted for violating a statute the speakers did not believe covered their speech. ... Constitutions, particularly short ones, tend to be vague in their contents. Boston Spa, In other words, these rules structure the government of a state. The New York Times, June 21, 2012. English jurist Sir Edward Coke stated that all laws, but especially serious penal laws, “ought to be . Also, it shares principles on the rule of law; recognizes individual rights, and how powers are separated. A constitution is simply the set of rules that govern how power is distributed and exercised. “Federal Courts, Overbreadth, and Vagueness: Guiding Principles for Constitutional Challenges to Uninterpreted State Statutes.” Utah Law Review (2002): 381–471. "Void for Vagueness." Discuss", Unit 4 Essay Advice: "In foreign policy, Congress is now a by-stander. English jurist Sir Edward Coke stated that all laws, but especially serious penal laws, “ought to be . minimal guidelines [to govern law enforcement], a criminal statute may permit a standardless sweep that allows policemen, prosecutors and juries to pursue their personal predilections.”. Discuss", Unit 4 Essay Advice: "Is Congress still a powerful body? Pick a "vague' portion of the US Constitution. 214 High Street, Same words may be interpreted differently depending on the time and circumstance eg 14th amendment said to mean 'separate but equal' in Plessy v Ferguson, but segregation was unconstitutional in Brown V Board. Undoubtedly, it is the frame work for the Government of the United States of America, defining the three branches and clearing delineating the powers of the branches. What are the pros and cons of having a constitution that is written vaguely? http://mtsu.edu/first-amendment/article/1027/vagueness, The void-for-vagueness doctrine probably has its roots in the ancient Roman law maxim, Nulla crimen sine lege (no crime without law). 1. .” (Blackstone relates that a man who stole one horse was not penalized under a statute which forbade “stealing horses.”) In France, Montesquieu’s Spirit of the Laws urged that laws be concise, simple, and devoid of “vague expressions.”, These examples undoubtedly were known to early American commentators and jurists, who often reiterated the importance of clarity in criminal statutes. Fax: +44 01937 842110, We’re proud to sponsor TABS Cricket Club, Harrogate Town AFC and the Wetherby Junior Cricket League as part of our commitment to invest in the local community, Company Reg no: 04489574 | VAT reg no 816865400, © Copyright 2018 |Privacy & cookies|Terms of use, Government & Politics of the USA - US Constitution & Federalism, Unit 4 Essay Advice: "It is better to be a Senator than a Representative. 2. Because Rockford’s ordinance was aimed at disruptive speech and was grounded in the interest of ensuring the order needed for a proper education, the Court found no constitutional violation. Equality: When drafting the Constitution focusses on free men only, rather than all peoples including slaves, women, and Native Americans. Extremely difficult to pass new amendments. A law that defines a crime in vague terms is likely to raise due-process issues. .” In an early federal court case, United States v. Sharp (1815), the Court argued that laws that “create crimes, ought to be so explicit in themselves, or by reference to some other standard, that all men, subject to their penalties, may know what acts it is their duty to avoid.”. . Post, Robert C. “Reconceptualizing Vagueness: Legal Rules and Social Orders.” California Law Review 82 (1994): 491–540. . Discuss", Unit 4 Essay Advice: "Congress is the most powerful branch of Government. appeared first on Essay Hotline. Pick a “vague’ portion of the US Constitution. Since the British people are politically advanced, they have been successful in the working of their flexible constitution. New York: Foundation Press, 2003. A Chicago ordinance required gang members to disperse if ordered to do so by a police officer if the officer reasonably believed that at least one person in a group of two or more was a gang member and these individuals were loitering. Pros: * A consise document that outlined the ideals of the enlightenment period and put into practice a new form of government. What are the pros and cons of having a constitution that is written vaguely? “Impeachment is an emergency, break-the-glass procedure in our political system,” Urman says. 1) A constitutional rule that requires criminal laws to state explicitly and definitely what conduct is punishable. The Court reemphasized this position in City of Chicago v. Morales (1999). List of Additional Constitutional Monarchy Pros. Much cheaper & more effective than TES or the Guardian. Here are some additional constitutional monarchy pros and cons to think about and discuss. A pro, presented by Cobb is “On the other hand, if the constitution is designed to last for longer than a generation, constitution writers must consider how their country is likely to change” (Cobb, 2019). Thus, in overturning a California loitering law that required persons who wander or loiter on the streets to provide “credible and reliable” identification in Kolender v. Lawson (1983), the Supreme Court explained that “the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory treatment.”, The void-for-vagueness doctrine probably has its roots in the ancient Roman law maxim, Nulla crimen sine lege (no crime without law). Why is our Constitution vague? For all its inspiring rhetoric and historic significance, the U.S. Constitution is also pretty vague at points (not to mention very old-timey sounding). 1. The Imperial Presidency: The Constitution was vague on the powers of the executive and did not disperse executive power evenly creating the seeds of an Imperial Presidency that would come with the Nixon administration. Why is our Constitution vague? Provide historical examples. Has this vagueness in terminology been problematic or helpful? Pick a “vague’ portion of the US Constitution. Justice John Paul Stevens stressed the vagueness of the ordinance’s definition of loitering (being in a place for no apparent purpose) as well as the uncertainty of the behavior needed to avoid arrest (if one moves down the block or goes around the block and comes back, has one dispersed?). Provide historical examples. Every rule has ambiguities; every rule is open to interpretation. As early as 1963, in NAACP v. Button, the Court explained that “[s]tandards of permissible statutory vagueness are strict in the area of free expression. Courts in the United States give particular scrutiny to vague laws relative to First Amendment issues because of their possible chilling effect on protected rights. . Also, with a vague constitution, the government has to work together to have a unified agreement on it. Checks and Balances: Checks and Balances ensure that all branches of government have their power checked against the others resulting in a balanced system of government for the people, Vagueness: The ambiguity with which the Constitution was written allows for interpretations to form, together with the politicisation of the judiciary. . . Required Resources Read/review the following resources for this activity: Textbook: Chapters 4, 5 Lesson Minimum of 1 scholarly source (in addition to the textbook) Initial Post Instructions Why is our Constitution vague? The third element of Grayned is particularly important with respect to the First Amendment. .” A century later Sir William Blackstone (pictured here) in his Commentaries on the English Constitution explained the requirement that every law clearly define and articulate “the right to be observed, and the wrongs to be eschewed. .” (Blackstone relates that a man who stole one horse was not penalized under a statute which forbade “stealing horses.”) In France, Montesquieu’s Spirit of the Laws urged that laws be concise, simple, and devoid of “vague expressions.” (Image via Wikimedia Commons circa 1755, public domain). Has this vagueness in terminology been problematic or helpful? Moreover, it is the reason why it remains vague in the midst of a wide array of legal issues. Use evidence (cite sources) to … Fallon, Richard H., Jr. “As-Applied and Facial Challenges and Third-Party Standing.” Harvard Law Review 113 (2000): 1321–1397. Provide historical examples. Pick a “vague’ portion of the US Constitution. . . Provide historical examples. . The void-for-vagueness doctrine probably has its roots in the ancient Roman law maxim, Nulla crimen sine lege (no crime without law). He teaches constitutional law and judicial process as well as specialized courses on the Bill of Rights and the First Amendment. Why is our Constitution vague? Constitutional crisis are a common place in vague constitution. . If a First Amendment violation is alleged, a vague law, like one that is overbroad, is susceptible to a facial rather than an as-applied challenge. The Constitution provides very little legal framework for impeachment at all, leaving plenty of room for interpretation. . plainly and perspicuously penned. But the Court did suggest three reasons why overly vague statutes are unconstitutional. What are the pros and cons of having a constitution that is written vaguely? '3 The sum of these constitutional provisions is a meager and confusing one on which to base impeachments-potentially the most crisis-laden of In constitutional terms, that is a due process / fair notice problem—an egregious one when coupled with the peculiar oppressiveness that is the hallmark of criminal law. Discuss", Unit 4 Essay Advice: "In Congress, legislative gridlock is inevitable. Here are the pros and cons of the constitution. Vague laws raise problems with due process According to the U.S. Supreme Court in Connally v. It provides a system of checks and balances. All students completing their Edexcel A-Level Politics qualification in 2021. Hadfield, Gillian K. “Weighing the Value of Vagueness: An Economic Perspective in the Law.” California Law Review 82 (1994): 541–721. Pro's. 2d. 2009. Archaic Provisions: Some of the 18th Century provisions are no longer applicable in a modern society and are difficult to change such as the Right to Bear Arms or form militias. . New York: Aspen Law and Business, 2002. Why is our Constitution vague? Technically speaking, however, the UK’s constitution is notunwritten. Provide historical examples. According to the U.S. Supreme Court in Connally v. General Construction Co. (1926), a law is unconstitutionally vague when people “of common intelligence must necessarily guess at its meaning.” Whether or not the law regulates free speech, if it is unduly vague it raises serious problems under the due process guarantee, which is applicable to the federal government by virtue of the Fifth Amendment and to state governments through the Fourteenth Amendment. . . Chemerinsky, Erwin. A pro, presented by Cobb is “On the other hand, if the constitution is designed to last for longer than a generation, constitution writers must consider how their country is likely to change” (Cobb, 2019). Has this vagueness in terminology been problematic or helpful? Definition. . . plainly and perspicuously penned. Discuss ", US Politics Example Essay: discuss the view that the US Constitution is inflexible, Analysis of Obama's final State of the Union address, Analysing the language of the State of the Union Address, The 8th Amendment and the death penalty - back on the radar, Comparison between Classical and Modern Liberalism, Edexcel A-Level Politics Revision Flashcards Component 1: UK Politics & Core Political Ideas, Political Ideas: Key Thinkers Revision Flashcards for Edexcel A-Level Politics, Advertise your teaching jobs with tutor2u. Packebusch, J. Elizabeth. The Supreme Court has often declared that the Constitution prohibits the enforcement of vague laws. LS23 6AD, Tel: +44 0844 800 0085 . What are the pros and cons of having a constitution that is written vaguely? The UK, on the other hand, appears to have an unwritten constitution. Compared with other constitutions, it really does not specify a number of things, including, as you note, limitations on presidential power. Why is our Constitution vague? Cons of the Constitution 1. plainly and perspicuously penned. But the justices have been reluctant to use this "void for … The modern Supreme Court has consistently said that the void-for-vagueness doctrine will be applied with extreme strictness where First Amendment freedoms are concerned. There was a vigorous debate on ratification and, indeed, the ranks of those opposed were probably the more numerous. Courts in the United States give particular scrutiny to vague laws relative to First Amendment issues because of their possible chilling effect on protected rights. Remote learning solution for Lockdown 2021: Ready-to-use tutor2u Online Courses A constitution is a framework of legislation and principles that govern a country or state. He has examined for Edexcel and holds a joint degree in History and Politics from Newcastle University. What are the pros and cons of having a constitution that is written vaguely? Use evidence (cite sources) to support your response from assigned readings or online lessons, and at least one […] Factions are created among government branches due to different interpretations of the Constitution. (AP Photo/J. These last two elements are similar to the reasoning offered by the Court for overbreadth challenges to laws allegedly impinging on First Amendment freedoms. Loitering laws are one example of laws that can be unconstitutionally vague. 62 warns of the “calamitous” results if laws are “so incoherent that they cannot be understood. A fundamental explication of the modern Supreme Court’s concerns regarding overly vague statutes is found in Grayned v. City of Rockford (1972). Every country has a constitution of some sort that outlines the government’s structure. .” A century later Sir William Blackstone (pictured here) in his Commentaries on the English Constitution explained the requirement that every law clearly define and articulate “the right to be observed, and the wrongs to be eschewed. Discuss ", Unit 4 Essay Advice: "Evaluate the claim that the Constitution is designed to be flexible", Unit 4 Essay Advice: "The modern US Constitution would be unfamiliar to the framers today. Pick a “vague’ portion of the US Constitution. Scott is Subject Lead for History at Tutor2u, and works full time as a teacher of History. What are the pros and cons of having a constitution that is written vaguely? (4) Vague and indefinite: James Madison in Federalist No. Cons Leaders can take advantage of vague constitutions to abuse power. The Supreme Court … A constitutional monarchy creates a system of checks and balances that prevents one governing body or individual from obtaining too much power. The textbook goes on to describe the pros and cons of a vague constitution. . This article was originally published in 2009. It is the bedrock of a modern liberal democracy. Failure to do so could lead to imprisonment. What are the pros and cons of having a constitution that is written vaguely? APA … This common misconception stems from the fact that the la… Pros. Pick a “vague’ portion of the US Constitution. . Philip A. Dynia is an Associate Professor in the Political Science Department of Loyola University New Orleans. Why is our Constitution vague? (Compare it to a state constitution sometime.) than if the boundaries of the forbidden areas were clearly marked.”. Provide historical examples. Constitutional Law: Principles and Policies. The Constitution is many things to many people. Has this vagueness in terminology been problematic or helpful? Has this vagueness in terminology been problematic or helpful? Discuss", Unit 4 Essay Advice: "The US Constitution is no longer fit for purpose in modern day America. Evidence comes in the form of the limited number of amendments since 1787. Boston House, A law that defines a crime in vague terms is likely to raise due-process issues. . What are the pros and cons of having a constitution that is written vaguely? Pick a "vague' portion of the US Constitution. words of constitution does not change but meaning can due to judicial review. The United States Constitution comprises of 4,543 words. The post Why is our Constitution vague? “Gang Loitering Ordinances Post-Morales: Has Vagueness Been Remedied? . . Has this vagueness in terminology been problematic or helpful? Evidence comes in the form of the limited number of amendments since 1787. Why is our Constitution vague? What are the pros and cons of having a constitution that is written vaguely? Criminal laws that violate this requirement are said to be void for vagueness.. Vagueness doctrine rests on the due process clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution. Use evidence (cite sources) to support your response from assigned readings or online lessons, and at least one outside scholarly source. Pros and Cons of a Codified Constitution. Philip A. Dynia. Bill of Rights: Enshrined rights have stood the test of time with US Citizens free to assemble and have free speech alongside all the legal rights which some countries do not afford to their citizens. 3. Provide historical examples. ed. Somerville, Massachusetts Says Yes.” New England Journal on Criminal and Civil Confinement 32 (Winter 2006): 161–183. . Learn more ›. English jurist Sir Edward Coke stated that all laws, but especially serious penal laws, “ought to be . Act as a model: Constitution influences other countries who want to be independent. Some portions are vague hence gives room for misinterpretation. Arguably, the most well-known is the US constitution. Has this vagueness in terminology been problematic or helpful? Principles: The Constitution presupposes that every US Citizen is entitled to a life of liberty and the pursuit of happiness. Amendments Process: Change can come to the Constitution, but protections are in place to protect it from political whims and mass public hysteria. Amendments Process: Change can come to the Constitution, but protections are in place to protect it from political whims and mass public hysteria. Weaknesses of the Constitution. Justice Sandra Day O’Connor stated the fundamental concern (in the Kolender case, cited above) when she warned that if  “the legislature fails to provide . . Walter Green, used with permission from the Associated Press). Vagueness [electronic resource]. Pick a “vague’ portion of the US Constitution. Use evidence (cite sources) to support your response from assigned readings or online lessons, and at […] Why is our Constitution vague? . Strengths of the Constitution. Provide historical examples. All of the constitutional information can be found largely in one place, making it easier to refer to when considering an action whose constitutional legality is in question. Assess the validity of this claim", Unit 4 Essay Advice: "The House of Representatives is the least powerful chamber of Congress. Has this vagueness in terminology been problematic or helpful? It also undoubtedly grants certain power to the federal government and grants others to the states; and it undoubtedly guarantees the basic rights of the people. The only area where the Constitution was deliberately vague was concerning the issue of slavery. The cons of having a vague constitution is that laws can be interpreted as however the person might want depending on their interest or beliefs. In this photo, Susanne Williams, 17, of Amherst, Mass., in police custody in Boston on March 31, 1966, before she was sentenced to 20 days in jail on charges of “sauntering and loitering.” Miss Williams and ten others participated in an anti-war demonstration on Saturday sponsored by pacifist Committee for Nonviolent Action. Fallon, Richard H., Jr. “Making Sense of Overbreadth.” Yale Law Journal 100 (1991): 853–956. Most troubling for Justice Stevens was the immense discretion given police officers in determining whom to arrest when. The textbook goes on to describe the pros and cons of a vague constitution. Courts in the United States give particular scrutiny to vague laws relative to First Amendment issues because of their possible chilling effect on protected rights. Post navigation ← How many ways are there to choose 3 people out of 20 people? The U.S. Constitution is brief and vague. . All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Goldsmith, Andrew E. “The Void for Vagueness Doctrine in the Supreme Court, Revisited.” American Journal of Criminal Law 30 (Spring 2003): 279–313. Pick a “vague’ portion of the US Constitution. But the U.S. Constitution is a remarkably short, and in many instances vague, document. This vagueness has one major advantage: It makes an … The Constitution also contains a number of provisions which indirectly affect the impeachment power. Buck, Stuart, and Mark L. Rienzi. Why is our Constitution vague? The First Amendment. The objectionable quality of vagueness and overbreadth does not depend upon absence of fair notice to a criminally accused or upon unchanneled delegation of legislative powers, but upon the danger of tolerating, in the area of First Amendment freedoms, the existence of a penal statute susceptible of sweeping and improper application.”, Thus, the modern Supreme Court, while retaining the lack of fair notice concern prominent in earlier vagueness cases, has come to stress, as stated in Smith v. Goguen (1974), that “perhaps the most meaningful aspect of the vagueness doctrine is not actual notice but the other principal element of the doctrine — the requirement that a legislature establish minimal guidelines to govern law enforcement.”. The Constitution was by no means a sure bet in 1787 and 1788. Exam questions may ask for you to evaluate these and as such, you should be clear on the strengths and weaknesses together with examples to back up your arguments. Furthermore, having a vague constitution provides rooms for agreements. This makes it a considerably small document considering the power it yields over the country. The British Constitution is the only example of a flexible constitution in the world; otherwise almost all other countries of the world have rigid constitutions. Encyclopedia Table of Contents | Case Collections | Academic Freedom | Recent News, A law that defines a crime in vague terms is likely to raise due-process issues. The First Amendment Encyclopedia, Middle Tennessee State University (accessed Feb 21, 2021). .” (Blackstone relates that a man who stole one horse was not penalized under a statute which forbade “stealing horses.”) In France, Montesquieu’s Spirit of the Laws urged that laws be concise, simple, and devoid of “vague expressions.” (Image via, Legal Terms and Concepts Related to Speech, Press, Assembly, or Petition, http://mtsu.edu/first-amendment/article/1027/vagueness, First, due process requires that a law provide fair warning and provides a “persons of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.”, Second, the law must provide “explicit standards” to law enforcement officials, judges, and juries so as to avoid “arbitrary and discriminatory application.”, Third, a vague statute can “inhibit the exercise” of First Amendment freedoms and may cause speakers to “steer far wider of the unlawful zone .