Constitution defined
Constitution is the fundamental law of the land. It refers to the body of rules and principles which the powers of sovereignty are regularly exercised.
Nature and Purpose of Constitution
1. It serves as the supreme law of the land
2. It establishes the basic framework and underlying principles of government.
Kinds of Constitution
A. According to how it is created:
1. Conventional or enacted – a constitution which is enacted by a constituent assembly or granted by a monarch to his/her subjects
2. Cumulative or evolved – This is a constitution that is a product of the evolution of society and usually originates in the tradition, customs and judicial decisions.
B. According to Form
1. Rigid or Inelastic – Constitution that cannot be amended or revised except in the manner provided for in the constitution
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The Spaniards did not give a chance to the Filipinos to enjoy civil liberties. The Filipino people only started enjoying the civil liberties after the collapse of the Spanish rule in the Philippines.
Features of the Philippine Constitution
The 1898 Constitution
• The constitution was promulgated under the watch of Pres. Emilio Aguinaldo
• It is patterned to that of Mexico, Cuba and other colonies of Spain
• It was created under the revolutionary government of Aguinaldo
• The constitution did not specifically invoke the principles of checks and balances among the branches of government
The 1935 Constitution
• It was drafted by Filipino representatives
• Enacted by the US Congress
• Approved by the US congress
• It was created under a constitutional convention
• Ratified by the Filipino electorate
• The constitution did not contain the original ideas of the government
• Dominated by the US
The constitution is our very best defense against tyranny. Tyranny is when one person or group of people is in total control. The constitution is a written set of rules that everyone has to live by. Our constitution was written at the Constitutional Convention in Philadelphia in May of 1787. How does the constitution guard against tyranny? It guards against tyranny with Federalism, the separation of powers, checks and balances, and with the Big State Little State Compromise.
In document C says, ¨The constant aim is to divide and arrange the powers in a manner that they may be a check on one another.¨ This tells that the constitution is written so that the three branches of government are constantly checked by one another because a law is unfair, biased, or unconstitutional. This also makes it to where the branches of government can't make whatever law they want allowing them to have complete power to do whatever they please thus preventing tyranny. If the branches couldn't check each other they would be able to easily pass laws that only benefit themselves and they could make laws that would put people in harm's way, being able to check each other and putting that in the constitution was a very insightful task. Being able to check each other prevented any one branch from gaining and holding complete control over the
There is much debate in political theory about the definition of a constitution. Generally, it is considered as a “single governing document”. If that is the case, then the U.S. Constitution is the oldest in the world (Berry, 2011). The Framers, upon writing it, aimed to create a document that would stand the test of time. Despite changes in population size, racial and religious components, and even the modern day technology, the objective has clearly been achieved. Elkins claims that this is primarily due to its flexibility. Judicial review interprets the document with the rapidly changing society in mind (as cited in Garza, 2008). Many state constitutions, on the other hand, have not survived as long. Since many have been written with specific people and localities in mind, they have not been able to adapt to change well. Louisiana, for example, has had 11 state constitutions. It is common today, for states to consider overhauling their current constitutions (Morris, Henson, & Fackler, 2011).
The Constitution is composed of 3 major parts. The first of which is the preamble. As the opening statement of the Constitution it outlines the goals the American people have for the country. In the preamble the people are assured the laws of the land would apply to all and be fair to all by this line “establish justice” (Doc 1). Peace and order in the nation along with the providing of defence for the people of America are also promised by the line “insure domestic tranquility, provide for the common defense.” (Doc 1). People were also assured their well being and their freedom as long as they lived in the law,Page 42R “promote the general, and secure the blessing of liberty to ourselves and our posterity” (Doc 1). The preamble sets the tone for the rest of the document and declares the document the “...Constitution for the United States of America.” (Doc 2)
The absence of a codified constitution raises numerous questions. The main one being,
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
The. A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government.
Constitution is a necessary feature as it defines how power is disseminated within the government and establishes the rights of the citizens and the laws and rules for the country. In order to be successful, a country’s should reflect and satisfy every citizen’s needs and interests.
Tyranny riddles many forms of government, such as oligarchy, absolute monarchy, dictatorship, autocracy, and totalitarianism. In May of 1787, delegates to the Constitutional Convention in Philadelphia gathered to create a stronger central government -- while avoiding the tyranny that so many other forms of government had allowed for. James Madison, of one those very same delegates, defined tyranny as “The accumulation of all powers...in the same hands, whether of one, a few, or many...” in Federalist Paper #47. The key to the protection against tyranny in the American Constitution was the way in which power was divided. The Constitution guarded against tyranny by making provisions for federalism, the separation of powers, checks and balances of power, and fairly equal congressional power.
... constitution which was servitude, yet they still participated in the actions and ownership of it, even though many were against it, and infringing on human rights until they felt they could abolish it. Also the founding fathers promotions of checks and balances in the government and liberties with the thought of protecting and expanding freedom and improve on the Articles of Confederation by the Constitution (Foner, 2012).
Constitution was rewritten in 1787 in Independence Hall. The new Constitution is unified with a
The Constitution which was written 229 years ago, comes with many strengths and weaknesses. One such strength is that the Constitution is a living document. A living document is a document that has the ability to be updated and or drafted upon. The original document had twelve amendments. These amendments were sent to the states for ratification in 1789 and out of the twelve, ten of them were passed by the vote of eleven states in the union. Since that time of the first change in our constitution, it has been added to twenty-seven times. The Constitution is America’s founding document that has lasted for 229 years; it has changed as the country has changed. (THE CHARTERS OF FREEDOM A NEW WORLD AT HAND) The Constitution being a living document was intended to be adapted by future generations and because of its adaptability, it could have new amendments ratified and add to
The Constitution is defined by Oxford Dictionaries as “the basic written set of principles and precedents of federal government in the US, which came into operation in 1789 and has since has been modified by twenty-seven amendments”. The Constitution was originally drafted in Philadelphia in 1787, a year later it was ratified, and in 1789 was put into working order and referred to as the new government. However some states did not conform as quickly and felt there was a “lack of specific guarantees of personal liberty” (Silberdick Feinberg, 2015). To address these concerns government representatives from state and federal legislature met to develop better transparency on the limitations of federal government and protection
The Constitution is the greatest document in American history. It has pushed for progressiveness and equality. The Constitution is basically the supreme law of the United States. The Constitution was written to organize a strong national government for the American states. Before the Constitution, the nation's leaders had established a national government under the Articles of Confederation. The Articles gave independence to each state; the states lacked authority, the ability to work together, and to solve national problems. The U.S. Constitution established America's national government and fundamental laws, and guaranteed certain basic rights for its citizens using five big ideas and this shaped today's America.
While an uncodified constitution has the advantages of dynamic, adaptability and flexibility to meet the ever-changing needs of the society , it poses much difficulty in pinpointing the ultimate constitutional principle that should provide legitimacy in the British constitution. This results in a battle between two broad schools of thought––political constitutionalism and legal constitutionalism.