Essays on Framers

Federalism in the United States has evolved over the past 200 years from an arrangement where state and national government powers and responsibilities were clearly distinct and separate, to one in which the line of distinction between the two has blurred. When the framers drafted the Constitution, they provided separate powers to the federal government in Article One. A few of these clauses extended the power of the national government in order to prevent the hazards faced by the Articles of Confederation. In order to ensure that limitations still existed on the federal government, the Tenth Amendment was included. ...

The fact that the U.S. Constitution, including the Bill of Rights, make no direct mention of God, and have only a few phrases pertaining to religion, does not mean that it was not imbued with the religious thinking and perspectives of its Framers. To be sure, many of the Framers if not openly religious, such as George Washington, and John Adams, were nevertheless deeply influenced or subjected to one of the many religious faiths of the time. The Bill of Religious Freedom, which was drafted in 1777 by Thomas Jefferson for consideration in the Virginia legislature, is illustrative of ...

The civic virtues that are being discussed in the provided excerpts can be divided into three broad categories, namely, obtaining and maintenance of civic knowledge and putting one’s civic knowledge to use through public participation; being self-assertive when necessary, and self-restraint. Taken together, the passages suggest that to the Framers, the model citizen would be one that understands the issues of importance in the community and nation, is actively engaged in public life, and who know when to zealously advocate his point of view or concede depending upon the specific circumstances. Three examples are illustrative of this point. ...

The Biblical Scripture and the U.S. Civil and Criminal Codes

Research Paper

Introduction Almost all countries nowadays comply with one of two main legal systems-- civil law or common law. The civil law system originated from continental Europe and was implemented by European colonizers, like Portugal and Spain, in their respective colonies. On the other hand, the common law system was developed in Great Britain and was implemented in the British colonies. In the 19th and 20th centuries, civil law was accepted and enforced by countries previously implementing unique legal systems, like Japan and Russia, which aimed at reforming their legal ...

The US Constitution was born amidst the uncertainty and the instability that the Articles of Confederation could not correct. In crafting the set of “institutional arrangements of government” (Lowi et al 2015, p. 40), which was believed to result in the strengthening the union of the various states that the Articles were not able to do, the framers had to tread a delicate balance between state independence and federal government power. Their deliberation of the document was largely underpinned by lessons from past historic experiences that underscored the weaknesses of the Articles. In crafting the Constitution, there were several ...

In the preamble to the United States Constitution, the Framers established that three of the fundamental responsibilities of the government was to “insure domestic tranquility”, “provide for a common defense” and “secure the blessings of liberty”. In other words, the government has a duty to protect the nation and its people from harm. The Declaration of Independence, however, states that there are certain unalienable rights that every citizen possesses. Moreover, the Bill of Rights, lists a number of the unalienable rights, such as privacy, freedom of expression, and due process of the law, which the Framers felt were important ...

(1). Nozick’s principle of justice in acquisition states that where a person combines his talents to a resource that previously was not owned by anyone; his ownership of that item is just. For instance, a person that knits a coat out of string found on the street is a rightful owner of the coat. Nozick’s principle of transfer states that a person can right come into the possession of something he did not make, if the maker voluntarily transfer ownership to the person. For example, if the coat maker gives the coat he made to his son, ...

The American political system as it was formulated by the Founding Fathers and written down in the Constitution was based on a particularly eighteenth century vision of liberal government based on Enlightenment ideals. The Constitution and the Bill of Rights as a document is a great example of what the priorities and values of the Framers of the Constitution were. The values of the Framers which they fought a war against Great Britain over basically centered around the belief in limited government, the decentralization of power and the separation of powers combined with a system of checks and balances. ...

People active in politics are elite in the sense that they play a larger role than most citizens. But there are also many American elections and so many places where political action can be blocked that no single elite can dominate. Business corporations, for example, are an importance interest group, but they only dominate client politics, and even then their influences can be overcome by entrepreneurial politics.

DO ELITES DOMINATE AMERICAN POLITICS?

Public opinion influences the making of U.S. policies through a number of channels. Elites in American business, education, communications, labor, and religion try to influence presidential decision making through several strategies. In ...

Are twenty-first-century Americans more democratic than the Founding Fathers and would the U.S. profit by adopting New Hampshire´s Constitution? Are twenty-first-century Americans more democratic than the Founding Fathers and would the U.S. profit by adopting New Hampshire´s Constitution?

It would seem pretty straightforward to conclude that 21st century Americans are more democratic than were the framers of the Constitution. After all, only a relatively small minority of Americans were eligible to vote when the country first came into being. To start off, no women were allowed to vote. Of course, slaves were not allowed to vote either, ...

(A). Legislative [2]. The United States is a representative democracy as opposed to a direct democracy. Accordingly, we the people forfeit our right to be directly involved in most matters of the national government in return for trust that our representative will act on our behalf and in our best interests. Naturally, because we are not able to attend all the meetings on policy, meet the policy experts, and otherwise stay informed of all the necessary information needed to vote on a law, we the people trust that our representative is doing that for us. Consequently, a representative not ...

(1). As set forth in the Constitution and through judicial interpretation of the Constitution, the Supreme Court plays a number of important and necessary political and legal roles. First, it is one of the three branches of the federal government. Accordingly, as provide for in the Constitution, it is an essential part of the system of checks and balances that guarantees that no one branch is able to become too powerful. In this role, the Supreme Court may check the power of the Congress or the president through the determination of whether their actions abide by the Constitution. A ...

Many historians acknowledge the Declaration of Independence as the starting point of the American statehood and one of the most prominent democratic instruments of the United States. A large part of the Declaration takes account of all kinds of accusations against the parliament and the monarchy of England that brought tyranny to the land and undermined the economic interests of the colonists. The true value of the document lies in its social philosophy that “defined three inalienable rights (Ginsberg, et. al. 2014: 18)”: “Life, Liberty and the pursuit of Happiness.” (Declaration of Independence, US 1776, par. 2) The ...

- Is Andrew Jackson a hero or villain? Gives examples or reasoning’s to support your answer. In my opinion I would label Andrew Jackson as a villain. First and foremost, after the battle of New Orleans, President Jackson was viewed by the majority of Americans as a “hero”. This didn’t last long however. The reason I see him as a villain is because he often acted as a king instead of President. President Jackson sought to eliminate the US bank, and eventually contributed to its down fall decades later. Jackson also sought political policy that would make the role of ...

1. The American Civil Rights Act amendment act of 1964 emphasized the role of quality education as key to the realization of the American dream. It is not by coincidence that the United States has achieved one of the highest levels of high school graduation rates in the developed world. The United States education system has not only been formidable in its focus on holistic education that includes pursuit of talents and academics at the same time, but has also received accolades for its universality. However, the education system has not escaped controversy regarding quality and mode of operandi. ...

Throughout the history of the United States, the Texas Constitution has always been criticized for numerous reasons. The late political scientist John E. Paynter once remarked that the Texas Constitution stands as a “perfect example of how not to write one.” I personally agree with the statement that the Constitution of Texas is definitely not an exemplary document and, therefore, I will prove my point of view with incontestable arguments and facts. The first problem, which becomes evident once an individual takes the Texas Constitution in hands, is the volume of the document. As opposed to the of the ...

The case of Marbury v. Madison

The American legal system is Anglo Saxon and significantly different from the continental legal system, with much broader powers of the Supreme Court, which does not recognize the justice of other countries. The American judicial system is known for being based on the case law, and because of the time the Supreme Court had more weight, while at the end of the judicial power did not become competent to say what law is. The entire American public sovereignty is divided into three mutually independent, equitable, and consistent powers. Framers of the Constitution are, insisted on the independence of ...

The Americans are deeply divided, within themselves and among themselves on the democracy subject. Democracy is sometimes taken to be the highest value in America (Miller, 1991), but at other times, democracy is construed to be a nightmare in the nation. Pure and untainted democracy is said to lead to persecution of minority communities by the majority. Essentially, democracy is responsible for holding of prayers in schools, banning and labeling of records and books, emergence of restrictions on drugs, abortion, sex, and alcohol. Additionally, democracy has been responsible for fueling of racial segregation and unwarranted discrimination. On the other hand, ...

Constitutions are documents that serve to establish the legal and institutional framework of any political system . The government bodies and their powers and scope are established in the constitutional text. The constitution of the United States has some basic principles such as the separation of powers proposed by Montesquieu, provisions that put some limits that provide protection to citizens against arbitrary government actions, and guarantees political freedom and equality under the law . These characteristics are shared by most constitutions, at least formally, but they can differ greatly in their implementation. This paper will contrast the Federal constitution and the ...

Justice Brennan and Attorney General Meese’s views on judiciary

The exchange of views between Attorney General Edwin Meese and Supreme Court Justice William Brennan on the role of the judiciary to interpret the U.S. Constitution has become a partisan political debate since the issues that were raised are more concerned with politics than substance of the law. In fact, the argument of Attorney General Meese on the jurisprudence of original intention explained that the Supreme Court should be restored to its proper role in American government. Meese had pointed out that there is failure on the part of the present Supreme Court to provide proper respect to the written ...

“A well regulated militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed.” Second Amendment, U.S. Constitution On June 7, 2013, police arrived at 2036 Yorkshire Avenue in Santa Monica, California to respond to a report of shots fired. There, they saw the house on fire, with bodies of two men inside, one dead due to gunshot wounds. At the time, the suspect – John Zawahri – had already armed himself with a semiautomatic rifle and proceeded to the Santa Monica College campus, where he was a former student. ...

Law 4900

4:10 pm Introduction In the United States (US), the judiciary holds the authority to conduct constitutional decision-making, in which they interpret the US Constitution accordingly whenever they confront specific cases that involve its provisions. There are at least three approaches to constitutional decision-making: originalism, living constitutionalism and minimalism. Each of the three approaches of constitutional decision-making have different ideological bases – originalism deems the meaning and intent of the framers of the US Constitution as important, living constitutionalism takes into consideration the various societal changes and minimalism emphasizes the importance of case-specific interpretations, being perhaps the most moderate ...

1. Various political analysts, media and American citizens have categorized American presidents as heroic, imperial or post imperial on the basis of their actions and decisions. American presidents have received such tagging because of their relation with the US congress and their way of decision takings. Many Americans consider President Obama as imperial because of his actions and decisions that he has taken after being the president of the United States of America. One of the biggest reasons of Obama’s image is because he has ignored the US congress while taking a number of crucial decisions (Bardes et ...

In the history of the United States Supreme Court, there are a multitude of cases that have left an indelible mark in the tapestry of American history, culture, and society. Among these landmark disputes may be found issues as divisive as reproductive health, fundamental economic freedoms, the power of the Supreme Court and, of course, race. Among these, Dred Scott v. Sanford occupies a special place. Often called as the “worst decision made by the Supreme Court”, Dred Scott v. Sanford provided an impetus for slavers to continue an injustice that had existed since the colonial era. By deciding the way ...

The constitutional scholar and radio host presenter Mark Levin culminates as an author of the book, “The Liberty Amendments: Restoring the American Republic.” The author of the book invokes Article V of the constitution that sets out methods for amendments that intend to rein in a reckless, unruly, and usurpations federal government highlighted in the 10th Amendment. McCarthy, (2013) assert that Levin undertakes this project to preserve and restore the constitutional republicanism and the civil society and prevent federal Leviathan authoritarianism. According to Levin, Statists achieved the process of disfiguring the compact constitutional order (Levin, 2014). Framers of the ...

(Course/Major)

The immigration debate has been tackled and contested in numerous forums and in the media as well. Many of these issues have centered on the factors of illegal immigrants taking job opportunities from Americans to the issue of the possibility that illegal immigrants pose a heavy expense on state and Federal coffers and the possibility even that illegal immigrants contribute to criminality. More recently, a new angle, or term, has entered the vocabulary of the immigration debate, one that presumes that illegal immigrants have found a new way to claim citizenship in the United States by way of having babies ...

INTRODUCTION

The concept of federal sovereign immunity is anchored on the sovereign immunity doctrine. This doctrine provides that the federal government cannot be sued unless it has given explicit permission to be sued. The concept, whether applying to the state or federal government, has been assailed for its contradicting tension with constitutionalism - a legal principle that exists to limit governmental powers vis-à-vis fundamental rights of individuals (Sisk 74). Jackson (2003), thus, noted that the concept is a “place of contest between the values of Constitutionalism” with limiting governmental powers, on one hand, and judicial hesitance brought about by commitment to ...

In the debates of the Framers of the Constitution, the delegates did not pay significant amounts of attention to the powers that were to be vested in the Executive branch of government. Compared to the heated debates over the powers that were to be given to Congress, the mandates of the President were resolved rather swiftly and bereft of any significant debate. This situation can be attributed to the fears of some of the delegates at offending the presiding officer of the Convention, George Washington, who was widely believed to assume the position of President. Nevertheless, the position of ...

Introduction

The United States Supreme Court, in the course of its interpreting the tenets of the Constitution, has commonly regarded the 12 man jury panel as critical to the satisfaction of the right to a jury trial by an accused in court, as ruled in Thompson v Utah (1898). However, the High Court has backtracked from this position in recent times, with Justice Byron White enumerating the reasons in the decision of the Court in Williams v Florida (1970). In the decision in Williams, the Court gave several reasons as their justification from retracting from the decision in Thompson. Among ...

Question one

The government of United States had been exposed to extensive communism that had been considered an element of exclusive concern. Through the element massive changes had been experienced in the nation. The government had used its extensive powers to influence how activities flow in the country. The case was revolving around a prayer that had been defined as the overall prayer that all the public schools were supposed recite. The prayer dictated “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our Country.” It was believed that this prayer ...

The constitution of the United States of America is one of the best in the world and one of the oldest written constitutions. The framers of the constitution laid down structural framework for the functioning of government. The framers however did not describe relationships and power in detail. The framers constructed a new form of government: the federal government. This was a government that was strong enough to maintain law and order but it was not powerful enough to regulate behavior of states. The framers managed to provide judicious balance between freedom and order but virtually paid limited attention to equality. The ...

Plea Bargaining in American Society

Introduction Plea bargaining plays a very significant role in the American criminal justice system. It is estimated that approximately 90% of all criminal cases are settled by plea bargain rather than trial by a jury as guaranteed by the Sixth Amendment to the United State Constitution. Throughout this paper, I will discuss what a plea bargain is, benefits of plea bargains, disadvantages of plea bargains, the role of the victim in the plea bargaining process, and recent developments in plea bargaining.

What is Plea Bargaining?

In the American court system, a plea bargain is an agreement between the prosecutor and the defendant in a criminal case in ...

Argumentative Essay: Gay Marriage Law

Marriage is considered as a sacred institution by a lot of people who believed that it should take place between a man and a woman only and the marriage between same-sex couples is immoral. This presumption implies that there are between same-sex couples are somewhat inferior. But at the same time, it can also be asked that what right these persons have to prevent the pursuit of happiness by same-sex couples which are their inalienable right. An argument that is commonly given in favor of gay marriages is that the law should consider a marriage legal if it takes place between two individuals who ...

Introduction

The executive power was at first devised as a mere organ of implementation of laws. During the first years of the republic, the presidency was regarded as a nearly powerless body, given that the Constitution provides much more prevalence to the Congress. This was done on purpose because the founding fathers wanted to avoid the problems caused by kings and despots in countries that did not restrain the power of their rulers. Nonetheless, the executive office has gradually increased its power, especially during the last century. Right now, the executive is the dominant force in foreign policy making but, through history, ...

Gawthriop argues that in the early stages of the formation of the United States, there was limited distinction between policy making and the art of governing. However, the elected officials had a deep commitment to their work and were deeply devoted to their work. Gawthrop also reasons that the framers of the constitution had a mindset that was alien to those of the framers of the constitution. Perhaps the distinction in the level of commitment amongst the early leaders of the United States sprang from the belief of a “divine mission” and the establishment of the new country was led by God. ...

- Topic: To present the arguments both in favor of and in opposition of the ratification of the Constitution. - Get audience’s attention: Devising the system of ratification had become necessary because sending it directly to the state legislatures would result in its rejection. - Thesis statement: Though the process of ratification improved the chances of that the Constitution would be accepted, the Anti-federalist resistance posed a challenge to this. II. Main Idea #1: Arguments against. A. Anti-federalists opposed the ratification of the constitution because they did not trust centralized government. B. The Constitution ...

First, the professor defines what a democracy is. A democracy he says is a government by the people. Meaning, it is the majority opinion that matters in a democracy. There are two kinds of democracies, the direct democracy and the representative democracy. The American Democracy is the representative type. Therefore, it is called a republic. Before a republic comes into place, people with similar interests come together to form it. This is where we get our first doctrine in the American constitution, which is meant to limit power for the general purpose of advancing human freedom. To fully understand this doctrine, the following question ...

The Philadelphia Convention 1787

Customer Inserts Tutor’s Name (29, 09, 2013) The United States came into existence when thirteen countries on the Atlantic coast jointly rebelled against the colonialism policy of an empire where sun used not to set. The British had to face strong aggression from North American colonies against the promulgation of various acts and political and economic expansion on the American hemisphere. The independence was declared on July 4, 1776 and prominent personalities among the founding fathers George Washington, Alexander Hamilton, Thomas Jefferson and James Madison took charge of the new born confederation of United States of America. ...

How is the Constitution still relevant today?

Introduction The Constitution is still relevant today since the core values that are embodied in the Constitution are timeless teachings and represent the underpinnings on how a country was conceived (Arnheim 338). Every nation must have a solid and unified constitution in place to promote law and order in society. In our contemporary world, Constitution is relevant because it promotes harmony and discipline within the country, government and society. By following a uniform interpretation of the Constitution, it will maintain the respect and faith of the people on the Supreme Court and other government processes. Thesis Statement: The Constitution is ...

The United States was in a crucial state after the Revolutionary war. The peace agreement ensured that there was calmness in the country and other developments could take place. There was a need to come up with a comprehensive power structure that will cater for the various needs of the young nation. Slavery, citizen rights and foreign policy were among the many pressing issues. Additionally, a stand-off between the northern and southern states required that a compromise be reached upon promptly. In this regard, the law makers decided to draft the Constitution in 1787 to harmonize things. The process faced a number of challenges that ...

The U.S. Constitution

Introduction

The United States constitution was enacted on the 7th of September 1787 as the supreme law of the country in Philadelphia. The constitution became official in the 4th of March, 1789. Since then the constitution has undergone important amendments by the Congress. The constitution guides the central government as well as the individual states although the individual states can make their own independent rules as well as amendments. This has raised the question as to whether the constitution creators might have been torn between the central government and the individual state governments. This paper analyzes why ...

“How Democratic is the American Constitution?” is one of Robert A. Dahl’s latest works. In his nook, Dahl delves deeper into the complexities of the process and the ideals of the framing of American democracy. Although most Americans view the American Constitution as a beacon of democracy that came about in the most methodical manner, however, Dahl reveals to his readers that this is not the case. Dahl’s book begins by posing the abiding question that is the book’s title as well, and Dahl also goes on to ask Americans why they should uphold the American Constitution. ...

The United States Constitution/ the First Amendment

There have been extensive debates about the intentions of the framers of the various articles and amendments of the United States constitution. Many have attempted to trace logic and significance in these articles and the problems which they sought to solve. This paper will canvas and comprehensively discuss the intention of the drafters with regard to the First Amendment. The paper will interrogate concerns that they sought to address and effectively resolve. In addition, it will discuss the progressive history that has characterized this significant piece of legislation in the United States history. Different views and opinions have ...

Introduction

In 1787, the 55 framers of the constitution wrote the U.S. Constitution at the constitutional convention that was held in Philadelphia. Some of the most notable names of these framers are George Washington, James Madison, Benjamin Franklin, Alexander Hamilton and Thomas Jefferson. On the 21st of June 1788, nine states approved or ratified the U.S. Constitution, and the remaining states ratified it later. This constitution came as a replacement of the Articles of Confederation, an earlier set of government rules that formed the law of the land between 1781 and 1788. Throughout the years, many constitutional amendments have been made. ...

Comparing the U.S. and Texas Constitutions Written in the immediate aftermath of a despotic government, the Texas Constitution is infused with language designed to limit and decentralize government. When the framers gathered at the Convention in 1875 they loathed their prior governor, the Radical Republican and former Union general, Edmund Davis, and were intent a man of his moral character should never be placed in a position of governmental power ever again. Another influential emotion was fear of having to scrape together tax money. In 1873, the economy stalled and many Texas residents were struggling to feed their families. Most ...

The delegates who met at the Constitutional Convention in Philadelphia for the framing of the constitution were in disagreement with each other on competing claims of local self-government, sectional interests, and national security. The union of the states was already flimsy, so their failure to agree on any of these competing claims meant that the states would most likely dissolve. For instance, small states were unwilling to accept a constitution through which large states would gain excessive power, whereas slave states were unwilling to accept a constitution that would ban slavery. Fortunately, the framers of the constitution managed to resolve these ...

INTRODUCTION

Obesity as a medical issue has mushroomed in recent years and has affected a huge chunk of global population. The concern towards the problem has increased significantly and so have the resources including websites, magazines etc. dedicated to the problem of Obesity. The Obesity Hub, a sub website of hugely famous and admired website ‘The Health Well’ also caters to Obesity as the primary issue. It provides data, information on new policies and, news and research data primarily on and about Obesity. Developed by the INIsPHO team in the Institute of Public Health in Ireland (IPH), it does a significant and commendable ...

Why did Czechoslovakia dissolve peacefully while Yugoslavia did not? Structural concerns and cultural differences account for the differences in the disintegration processes of both nations. II. Czechoslovakia: A Two-State Federation The two-state format of Czechoslovakia made it inherently unstable due to disparities over representation. The centralized nature of the nation and mutual interests pertaining to economic reforms made the dissolution peaceful. III. Yugoslavia: A Harmonious Union Turned Hostile Different predecessor states friendly with one another made possible the formation of Yugoslavia. Political insensitivities brought by the Communist rule of President ...

The history of United States dates back in years where some of the founding fathers sacrificed a lot in terms of their resources just to ensure peace and justice. One of the defining moments in the history of United States was 4 July 1776. This was a time when some thirteen states declared their freedom from the British rule, which was considered brutal. We shall be focusing on the events that led to the declaration of the independence and the people who have been a source of inspiration to the history of America. Thesis: Thomas Jefferson and the founding fathers adopted the ...

The framers of the United State of America constitution did not want to create any arm of government with a lot of power or few powers. The constitution was drafted in such a way that the judiciary should check on the powers of the executive. The legislative part of the government will keep a check on the executive and judiciary. Decisions made by one arm of government can be challenged through another branch of the government. To facilitate such checks, framers of the constitution had to draft a constitution that allowed separation of powers. The separation of powers was supposed to eliminate the ...

Constitutional Conflicts between the US Executive and Legislature

The framers of the American constitution created a document which ensured that no dictator would rule the country. The founding fathers guaranteed this by mapping out various the arms of the government. Each arm of the government has its own responsibilities, such that no arm is subservient to the other. However, in an attempt to provide enough checks and balances for the presidency, the constitution creates instances whereby the functions of the president and those of the congress overlap. In such circumstances, the unclear separation of power has led to frequent fights between the congress and the presidency. The overlapping ...

A Troublesome Process: The Articles of Confederation, the Constitution and

the Creation of America’s Republican Ethic

When the Second Continental Congress adjourned in 1781, it was not to the universal acclaim of the men who thought they had worked out a practical and effective means of balancing centralized power with the autonomy of the young republic’s 13 members. The new nation’s revolutionary epoch had left its leaders profoundly mistrustful of any government endowed with undue power. One cannot help but wonder how many members of the second Congress left the proceedings suspecting they had only partially done the work of social engineering needed to knit together the ...

Introduction

Jury nullification is a highly researched and discussed concept, where a jury in America has the rights to give mercy in criminal trials where they find that a defendant is legally guilty but is morally upright. The nullification power is basically an integral part of the jury’s rights and therefore regardless of the evidences and law, nullification cannot be questioned in any case.[ CITATION Hor08 \l 1033 ] The above explanation is strong enough to raise certain questions based on the justification of this power, and there is a lot of consistent debate about the fact whether this power is used ethically or if ...