The Constitution left many aspects of our governance and our rights intentionally vague, partially because it would have been impossible for the Framers to predict the evolution of society .
What does it mean that the Constitution is vague?
Vagueness sets the Constitution against law that is open to interpretation . It favors rules over standards—the more mechanical, the better. It takes no law off the table for being over-harsh: it only requires that the law's harshness be clear, which can often be accomplished by making the law's rules more sweeping.
What are the cons of having a vague Constitution?
Vague laws involve three basic dangers: First, they may harm the innocent by failing to warn of the offense . Second, they encourage arbitrary and discriminatory enforcement because vague laws delegate enforcement and statutory interpretation to individual government officials.
What are the benefits of having a vague Constitution?
- They easily adapt to changing circumstances. Social and political circumstances sometimes change very rapidly, and an excessively specific constitution can create problems if a new political era dawns.
- They foster cooperation.
Why is the First Amendment vague?
The vagueness doctrine, an aspect of the due process requirement of notice, holds that a law is facially invalid if persons of “common intelligence must necessarily guess as at its meaning and differ as to its application .” The Court has indicated that a higher decree of clarity is demanded when the law in question ...
Why is the law vague?
1) In criminal law, a declaration that a law is invalid because it is not sufficiently clear. Laws are usually found void for vagueness if, after setting some requirement or punishment, the law does not specify what is required or what conduct is punishable. For more information, see vagueness doctrine.
Which amendment is most vague?
(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 ...
Who wrote the Constitution?
James Madison is known as the Father of the Constitution because of his pivotal role in the document's drafting as well as its ratification. Madison also drafted the first 10 amendments — the Bill of Rights.
What is an example of a vague law?
For example, criminal laws which do not state explicitly and definitely what conduct is punishable are void for vagueness. A statute is also void for vagueness if a legislature's delegation of authority to judges and/or administrators is so extensive that it would lead to arbitrary prosecutions.
Is the rule of law vague?
The rule of law is the absence of arbitrary government. Vagueness in the law leads to arbitrary government in the first three senses. Law is necessarily vague . So arbitrary government—the antithesis of the rule of law—is a necessary feature of the rule of law.
What is the importance of constitution?
A constitution is important because it ensures that those who make decisions on behalf of the public fairly represent public opinion . It also sets out the ways in which those who exercise power may be held accountable to the people they serve.
Why do we need a constitution?
The following are some of the reasons why a constitution is required: – It is an important piece of legislation . It determines how citizens interact with their governments. – It establishes the concepts and rules necessary for people of many ethnic and religious groupings to live in peace.
Are all countries that have a constitution democratic?
All democratic countries are most likely to have a constitution . However, there are exceptions. It has an unwritten constitution formed of Acts of Parliament, court judgments and conventions. ...
Is the 1st Amendment vague?
The Washington Supreme Court applied the vagueness doctrine in deciding that community custody conditions imposed on a man violated his First Amendment free speech rights because they were too vague.
What is a vague law?
A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis , with the attendant dangers of arbitrary and discriminatory applications. Grayned v. City of Rockford, 408 U.S. 104, 108–09 (1972), quoted in Village of Hoffman Estates v.
Is freedom of speech strict scrutiny?
To ensure narrow tailoring, the Court developed the standard of strict scrutiny when reviewing free speech cases . To satisfy strict scrutiny, the government must show that the law meets a compelling government interest and that the regulation is being implemented using the least restrictive means.
