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An essay on the importance of the Constitution
An essay on the constitution
An essay on the constitution
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The Living Constitution is the best solution to the country's problems and democracy. The living constitution allows the federal judges to be able to incorporate new laws into modern situations. Allowing the constitution to become flexible rather than trying to adapt current situations into laws that were made for the old world. Justice Breyer says “We require a constitution that works well for the people today.” If the constitution was able to fix all the current problems then this topic would not have come up. The constitution is specific to the Framers and their problems. Also as Justice Marshall states, “To change the rules in the future, because it is unwise to not change the constitution when you need it most.” This statement is wise
The Texas Constitution is a document that describes the structure and purpose of the government in Texas. It took effect in February 15, 1876 and is amongst the longest state constitutions in the United States. It is the sixth constitution since claiming their independence from Mexico in 1836. Texas joined the United States under the Constitution of 1845 with provisions. Those provisions included allowing Texas to enter the union and begin the first U.S. statehood constitution. In 1861 Texas amended to transfer their statehood to the Confederacy. After the Confederacy was defeated Texas was required to adopt a constitution if they wanted to rejoin the union. The 1866 Constitution Convention emerged with a document but it did not last very long.
The roman republic constitution was a set of guidelines and principles passed down through precedent, the roman republic instead of creating a democracy such as that the Athenians created, a monarchy which was previously being used by previous roman rulers and an aristocracy which Sparta used, the Constitution combined elements of all three of these governments to create a combined government known as “Senatus populusque que romanus” (S.P.Q.R) this meant “the senate and the roman people”. The Roman magistrates were elected officials during the period of the Roman kingdom, the ‘king’ (although the Romans preferred not to be called a king and instead a rex) of Rome was the principal executive magistrate, his power was absolute similar to that of a tsar
After the Revolution, the country was left in an economic crisis and struggling for a cohesive path moving forward. The remaining financial obligations left some Founding Fathers searching for ways to create a stronger more centralized government to address concerns on a national level. The thought was that with a more centralized, concentrated governing body, the more efficient tensions and fiscal responsibilities could be addressed. With a central government manning these responsibilities, instead of the individual colonies, they would obtain consistent governing policies. However, as with many things in life, it was a difficult path with a lot of conflicting ideas and opponents. Much of the population was divided choosing either 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 of the United States is one of the most iconic and important documents of all time. However, when it was first generated, its writing and ratification caused some major concerns. The purpose of the Constitution was to address the great number of issues of a new nation. To be more specific, the Constitution was meant to resolve the political, economic, and social problems of the country. Nevertheless, the document spurred much discussion and concern over people’s rights, the economy, and political corruption.
The above statement is somewhat mind-boggling. It is something that a revolutionist might have coined over 200 years ago and it leaves much to the imagination. It is about as close to being treasonous as one could get without actually committing the crime. The former Vice-President Albert Gore once stated that "the constitution was a living breathing document, open to change". His statement was quite controversial and it definitely created a stir with the patriot-cult crowd. Why would anyone want to scrap the entire Constitution of the United States of America? Has someone come up with a more impressive document that better signifies what this country is all about?
The Charter of Rights and Freedoms is the strong foundation for the diverse country of Canada. They uphold various beliefs and values Canadians may have. Under the constitution in 1982, the CRF (Charter of Rights and Freedoms) was entrenched by then Prime Minister Trudeau. The CRF has 4 rights; Equality, legal, democratic and mobility, there is also 4 freedoms; of Conscience and Religion, of thought, belief, expression and media, of peaceful assembly, and Association. If people feel that their right and/or freedom has been violated, they can go to court by using a “Charter Challenge. ” A charter challenge is when something inequitable or unfair has been done, the citizen can pursue the court case stating that something violated their rights and/or freedoms. All the rights and freedoms help
Through the years many changes have taken place, and technologies have been discovered, yet our Constitution remains. Some say that the Constitution was written for people hundreds of years ago, and in turn is out of step with the times. Yet its principals and guidelines have held thus far. The framers would be pleases that their great planning and thought have been implemented up until this point. However this does not compensate for the fact, that the we the people have empowered the government more so than our fore fathers had intended. Citizens were entrusted with the duty to oversee the government, yet so many times they are disinterested and only seem to have an opinion when the government’s implications affect them. As time has changed so has the American people, we often interpret our freedoms in a self serving manner, disregarding the good of the whole and also the good for the future. Thus there are no true flaws in the Constitution, it appears that the conflict emerges in the individual and their self, and poses question when we must decide when to compromise the morals that our Constitution was founded on, or when to stick to what we know is right and honest.
The United States' Constitution is one the most heralded documents in our nation's history. It is also the most copied Constitution in the world. Many nations have taken the ideals and values from our Constitution and instilled them in their own. It is amazing to think that after 200 years, it still holds relevance to our nation's politics and procedures. However, regardless of how important this document is to our government, the operation remains time consuming and ineffective. The U.S. Constitution established an inefficient system that encourages careful deliberation between government factions representing different and sometimes competing interests.
The U.S Constitution is recognized as a document that secures basic rights for citizens and structures the American national government. Before the Constitution, the states had all the power and the national government was very weak. Therefore, the creation of the Constitution was necessary to grant the national government power. Even though, the Constitution was signed in 1787, there was still debate in that the Constitution gave the national government too much power. Some of the individuals whom opposed the Constitution where Patrick Henry and George Mason. Patrick Henry became the leader of the opponents, because of his strong legal and rhetoric skills. On the other hand, George Mason was a patriot during the American Revolution, whom believed in the inalienable rights of the people. These two man were important figures that argued the dangers ratifying the Constitution would bring and that the Constitution would give too much power to the national government.
More and more people have grown disillusioned with the Supreme Court in the last thirty years than ever before. We have seen more of a shift from decisions aimed at bettering the lives of the people, to politically driven decisions with only the elite, profiting. This fact highlights the court’s need to gradually move toward a modern and evolutionary interpretations of the Constitution, rather than trying to render “new world” decisions, from an “old world” perspective. In simpler words, the nine residents of One, First Street need to embrace the idea of a Living Constitution. A Living Constitution simply refers to a Constitution which evolves as time passes by, whether it be in the form of amendments, or interpretation. I believe the main criticism, from both Robert Jackson and James Burns is that as time evolves, the Supreme Court has an obligation to interpret the
In Philadelphia in1787 during one of the hottest summers, The Constitutional Convention gathered to discuss the fate of the union. Fifty-five delegates met in the Pennsylvania State House. These delegates were representatives from 12 of the 13 new states. Everyone sent representatives, except for the state of Rhode Island. Rhode Island was afraid of the government being too powerful and taking over. They decided to not send representatives so that they would not lose their independence. Only 9 of the 13 states were needed to ratify the Constitution so it was not significant that Rhode Island did not send anyone. In 1790, Rhode Island ultimately becomes the 13th state to ratify the Constitution after Washington had
“The Constitution leaves in its wake a long legacy, forever shaping the fate of many other countries. Whether those countries are currently in a state favorable to liberty or not, it is undeniable that the U.S. Constitution’s principles have caused people to rethink how to organize their political systems” (Hang). Time has only added value to the Constitution, for every time we reference it in our lives it is a testament of our trust and loyalty in what it states about our rights as individuals and the role the government plays in our lives. When it was written, the Constitution was the law of the land that gave people rights they had previously lived without. Similarly, we live lives of choice and independence because of the same document while other countries limit all the rights we are guaranteed in the Constitution. Simply put, “The Constitution is important because it protects individual freedom, and its fundamental principles govern the United States. The Constitution places the government 's power in the hands of the citizens. It limits the power of the government and establishes a system of checks and balances”
In my opinion “The Constitution must be stable yet flexible” gives a foundation of guidelines rules but also gives room for the adoption of laws. The U.S. Constitution was an experiment in democracy more than 200 years ago, it has proved both stable and flexible enough to survive and remain effective in a world totally different from the one in which it was written. Moreover, the creators understood that the constitution was the framework for a new government. The delegates to the Constitutional Convention in 1787 focused their primary attention on the question of how to represent the various states in one central government and how to elect representatives to a central legislature fairly.
In Randy Barnett’s commentary piece “A Bill of Federalism,” he drafts a work devised on restoring the balance between state and federal power while also keeping the original meaning of the Constitution. One of the more controversial proposed amendments is the 10th amendment which states ensure that the US Constitution remains the supreme law of the land. Meaning that judges must obey the text preventing them from ignoring or altering the text. The only way this changes for a judge is for an amendment to receive proper revising. In addition to this foreign law is to only cast a light on the original meaning of the text. Barnett summarizes his feelings by stating that we can only classify the Constitution as “living” if we follow the text. So, this leads us to the question of how implementing this amendment could affect our government’s system. It seems to me that this amendment would completely change the focus of federal officials. With the amendment in place, officials would continually think about evolving the Constitution rather than focusing in on the historical significance of the document. There is