Depending on how you interpret it, it's also duck-typed on the moral and social norms of the society it governs. Consider some of the amendments--"cruel and unusual punishment"? The standards of punishment, including capital punishment, in the 18th century don't meet with current standards. Un-enumerated rights? The society of James Madison was not one where the fundamental right to privately use contraception and engage in homosexuality was recognized as a moral imperative, ours is, yet the same Constitution works for both.
The eigth amendment doesn't go as far as to define "cruel and unusual punishment" is. The nineth amendment doesn't define what rights should or shouldn't be protected.
Yes, there are some basic rights that are protected. But largely, the Constitution much more of a guideline about how the legal system should work than it is an absolute set of laws to be followed forevermore. Ambiguities are good in this case. Even if it did get Hamilton shot by Burr.
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Depending on how you interpret it, it's also duck-typed on the moral and social norms of the society it governs. Consider some of the amendments--"cruel and unusual punishment"? The standards of punishment, including capital punishment, in the 18th century don't meet with current standards. Un-enumerated rights? The society of James Madison was not one where the fundamental right to privately use contraception and engage in homosexuality was recognized as a moral imperative, ours is, yet the same Constitution works for both.
The eigth amendment doesn't go as far as to define "cruel and unusual punishment" is. The nineth amendment doesn't define what rights should or shouldn't be protected.
Yes, there are some basic rights that are protected. But largely, the Constitution much more of a guideline about how the legal system should work than it is an absolute set of laws to be followed forevermore. Ambiguities are good in this case. Even if it did get Hamilton shot by Burr.