Final answer:
The prohibition experience, which led to widespread disregard for the law and political divisions, suggests the Constitution's flexibility in adapting to social changes. Critics view this as a challenge in legislating morality, while proponents see it as a necessary adaptation to contemporary needs. Historical stances by jurists highlighted how interpretation should consider current social necessities.
Step-by-step explanation:
The prohibition era in the United States, marked by the 18th Amendment and the Volstead Act, is often cited as evidence of the flexibility of the Constitution. State laws were initially ineffective at curbing the manufacture and consumption of alcohol, leading to the belief that a federal amendment would be equally unsuccessful. Critics argued that such laws sought to legislate morality and imposed religious views, which were widely rejected. The subsequent rise of illicit bootleggers and speakeasies underscored the difficulty of enforcing prohibition and highlighted the public's disregard for such laws.
Some argue that this historical example shows the challenge of using constitutional amendments to enforce social behavior, indicating either an over-flexibility of the Constitution or the inherent difficulty in legislating morality. This period also exposed deep political divisions, with members of both major political parties equivocating in their support for prohibition, catering to groups like the Anti-Saloon League but failing to fund enforcement efforts adequately.
When considering constitutional interpretations, the perspective of Justice Oliver Wendell Holmes comes into play, advocating for a view of the Constitution that reflects the "felt necessities of the time." This progressive outlook suggests that the Constitution should be adaptable and interpreted in light of contemporary social ends, rather than remaining static with its original text. Justice William Brennan also noted the challenges associated with interpreting the Constitution, cautioning against the arrogance of assuming we can accurately discern the framers' intent on modern issues.