Vague constitutions
The constitution of the United States established the national and common laws and also guaranteed fundamental rights for citizens. A constitution is vague for American citizens when they do not understand the laws regulated, prohibited conduct, and how punishment is imposed. Vagueness can be seen when the rules or rights have a broad language and is not clearly defined anywhere. Constitutional uncertainty can be helpful or a disadvantage to the people, especially in decision making (Williams, 2017). Vagueness extends into two clauses in the fifth and fourteenth amendments of the constitution.
Vague constitutions have the following advantages, and it encourages cooperation amongst political leaders. Political leaders work together to determine specific clauses through negotiation to ensure a democratic process. The vague constitution easily adapts to changes, and the world is changing a particular constitution rapidly can create problems for social and political circumstances (Maxwell, 2013). Vagueness helps to prevent arbitrary enforcement of the laws; this is the decisions and rules that are based on justice; the disadvantage of constitutional vagueness is used to nullify specific criminal laws and judicial decisions in the courts. These happen if the laws are comprehensive, and people do not understand what is prohibited under the law-making decisions to be interpreted by the judges.
An example is in the 25th amendment that states in case a president dies, resigns, or removed from the office. The vice president shall take the position. The constitution says that the vice president assumes the position but want its full meaning. Is the vice president be a president with the powers of an elected president, will the vice president be an acting one, will elections be held, or congress will decide? It happened when president William Harrison died, and John Tyler took over as the new president. Vagueness in the constitution has led to constitutional issues that confront the protections of citizens.
References
Maxwell, K. (2013). Online Behavioral Advertising: The Pros and Cons of Regulation and Suggestions for Adherence to California’s Constitutional Right to Privacy. NEXUS, 19, 51.
Wiecek, W. M. (1972). The Guarantee Clause of the US Constitution. Cornell University Press.
Williams, M. A., T. T. (2017). Encoding interesting times: Managing unpredictability with vague constitutional language.