Well there is nothing in the Constitution specifically dealing with abortion, so this is a matter for the legislature and judicial systems to work out.
Now capital punishment is a sticky issue because of the 8th amendment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
As you mentioned the courts have flip-flopped back and forth on this issue.
But that is the job of the courts to decide whether the laws that our current legistatures pass are consistent with the rights guaranteed by the Constitution.
Is capital punishment "cruel and unusual punishment" or not?
The Constitution doesn't specifically spell out whether it is or not that's why we have courts and judges to decide.
These are all things that can decided within the frame work of our Constitution without making any changes to it.
The framework of our Constitution is what gives us those judges and courts that make those decisions on abortion and capital punishment and gives them their power to rule on these decisions. The judicial system that decides these "daily life" cases is one of the branches of govt spelled out in our Constitution. They are not somehow in opposition to it as you seem to think but rather a part of it. It is the job of the courts to make these decisions based on the laws laid down in the Constitution rather than letting them be decided by the whims of the majority or whatever fad is politically popular at the moment.
What exactly is it that has changed so much about humanity and the basic human rights all free men expect in the past 200 years that would somehow render our Constitution obsolete?
I would rather have my rights protected by a strong Constitution that is the law of the land, rather than a weak document that can be changed easily and used by the majority to oppress the rights of the minority.
Honestly what is the point of having a constitution if it can be changed at will by a simple majority vote???
How can the courts and judges give fair and just rulings on laws that are constantly in flux and have no solid foundation that they are based on?
If it's really and truly important enough to change the constitution then I prefer our process for amending the US Constitution.
To Propose Amendments
•Two-thirds of both houses of Congress vote to propose an amendment.
or
• Two-thirds of the state legislatures ask Congress to call a national convention to propose amendments.
To Ratify Amendments
•Three-fourths of the state legislatures approve it.
or
•Ratifying conventions in three-fourths of the states approve it.
This prevents the emotions of the moment of the mob or slick politicians with the aid of the media from changing our rights willy-nilly.
In the US we take our rights and our Constitution very seriously and no one is going to change them at a whim or by a simple majority vote.
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