A vague constitution lacks specificity
A vague constitution lacks specificity in that it does not define laws with clarity. Vagueness means that the laws are ambiguous and can be interpreted differently. The United States Constitution is deliberately basic or deliberately lacking in detail an attribute that is attributed to the framers of the Constitution. According to Cobbs(2019), the Constitution was designed that way to increase its flexibility. The vagueness provides room for amendments and accommodative of changing times and circumstances. The ambiguity is evident in the differences in the meanings of individual words and the meanings of words in certain contexts. For example, according to Cobbs (2019), the phrases “cruel and unusual” that is part of the Eighth Amendment to the U.S. constitution carry differing interpretations.
There are several advantages associated with having a vague constitution. First, having an ambiguous Constitution increases the collaboration between Congress, Judiciary, and the Executive forcing them to work together for a unified agreement. Second, it provides an opportunity for constitutional amendments. Lastly, a vague constitution is more adaptable to changing times and different contexts. As Cobbs (2019) states, “the more specific a constitution is, the less room for interpretation there will be.”
A vague constitution has some disadvantages, such as causing a constitutional crisis. For example, in 1841, when President William Henry Harrison died just 30 days after taking office, the Constitution was not clear on what was supposed to be done (National Constitution Center, 2012). A vague constitution can also result in laws being interpreted to suit personal interests and create an opportunity for abuse of power by the Executive. The vagueness in the Constitution can delay the implementation of policies due to lengthy discussions between the parties involved.
The vagueness in the Constitution can be interpreted as both helpful and detrimental. Undoubtedly a constitution should be amendable since social and political circumstances sometimes change very rapidly, and an excessive specific Constitution can create problems if new political era dawn. According to Banfield (2014), “The U.S. Constitution has been amended nearly thirty times, allowing Americans to adapt their government structure to changing mores, beliefs, and practices. The Bill of Rights was the first set of amendments. Other amendments include the Thirteenth Amendment, which made slavery illegal in 1865, and the Nineteenth Amendment, which gave women the right to vote in 1920.” The vagueness in the United States Constitution has encouraged political leaders to works together through congressional committees. These committees have become a hallmark of the American democratic process. A vague constitution can result in a constitutional crisis. For example, Constitution was too vague in describing what happens when a president dies in office. The clause read:
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President…
The clause was officially clarified when the 25th Amendment was ratified in 1967. Plainly stating:
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President (National Constitution Center, 2012).
Although a constitution can never be perfect, I think the vagueness is necessary to ensure that the Constitution adapts to the ever-changing political times.
References
Banfield, C. J. (2014). The Importance of Interpretation: How the Language of the Constitution Allows for Differing Opinions.
Cobb, W. N. (2019). Political Science Today. Retrieved from https://online.vitalsource.com/#/books/9781544358314/
National Constitution Center. (2012, June 13). Five constitutional crises that actually existed – National Constitution Center [Web log post]. Retrieved from https://constitutioncenter.org/blog/five-constitutional-crises-that-actually-existed