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Us constitution explanatory essay
Principles of the american constitution
Us constitution explanatory essay
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Strict interpretation has been described as the Constitution authorizing a power or privilege in order for either the action or privilege to be legal. Loose interpretation has been described as the government being able to act seemingly freely as long as the Constitution doesn’t prohibit an action. Furthermore, our Constitution is definitely a profound document. The Constitution is small, compact, and written in very plain language easily understood by all. The Constitution is unlike our legal code, which makes its contents accessible to anyone who can read. That's intentional and a loose interpretation completely stirs away from that
concept.
For example document a states, “sink the state government.” The letter from Thomas Jefferson to Gideon Granger mainly argues that the constitution is the best, and what it says should be done. Jefferson advocated for state’s right over national institution. He wanted more power to be given to the states. This document accurately supporters that Jefferson stood for his Democratic Republic's politics, they believed that the Constitution should be taken literally. Another example is from document d which states, “where is it written in the Constitution.” This shows Madison taking the Constitution strictly. This document talked about where in the constitution is stated that children can be taken away from their parents. He is taking the Constitution strictly, wanting to see where exactly does it give the power to take children away from parents. In this example Madison did not accurately characterize his party, because federalists believed in taking the Constitution lightly, but here Madison was taking the Constitution literally. Another example is from Jefferson writing a letter to Samuel Kercheval, “not an advocate for frequent and untried changes in laws and constitutions”. In this example Jefferson can be seen against the Constitution. His political party believed that the Constitution should be taken literally, but in
Constitutional interpretation is the principle job of the Judicial branch, and citizens have a variety of earnest beliefs based off of the document as well. There were several incidents where Hennessey’s own opinions were present in his writing. While discussing the Second Amendment, he states, “ So, if “people” have the right to bear arms, government has the power to impose fair qualifications on that right” (p.95). I don’t have to disagree with this assertion to know that readers deserve to learn from unbiased materials. This is a fierce issue in our government, and many people contend that Second Amendment rights are absolute and should not be infringed upon. Other times, Hennessy presents both sides of an issue like whether the Constitution is a “living document” that changes as time passes, or what Textualists believe, which is that the constitution should be accepted exactly as it is written. The value of reading the
The Constitution of the United States explicates the enumerated powers that the people have granted to their public administration. A narrow interpretation of the Constitution would mean denying the government the powers granted to them to keep order, equality, and fairness. An expanded interpretation would “extend words beyond their natural and obvious import, and we might question the application of the term…” (244). It is the government’s responsibility to exercise powers that cannot be exercised by its governed people. There are no guidelines in the Constitution’s composition that discloses how to interpret the language; therefore, it is in the hands of three federal branches of government to decipher the Constitutions meaning.
Eventually, we would have an tyranny without a strong trustworthy constitution. We do not want to recreate exactly what the colonists were trying to avoid and escape from, which was tyranny. Tyranny refers to when a person has a lot of power, and has a lot on their hands, having complete control, and total control. In 1787 a group of delegates from 12 of the 13 states goes together to try to better the country.The constitution was mainly written in Philadelphia, Pennsylvania. It was made to make a guideline for the building of a federal government so that there wouldn’t be any tyranny.
Loose construction saw the Constitution as an idea to serve as a guide to model the new nation on. If it was in the best interest of the nation and didn't violate the Constitution then it was OK.
A great deal of bills have been written and passed as legislation under the pretense that they would better outline the citizen’ rights and ensure their freedoms. Yet occasionally these laws are created with disregard to what is stated in our Constitution. At times they distort and twist the original meaning of the work, counter acting the purpose of creating the Amendments. The intention of Amendments was to be an outline of the rights of the people. They were to ensure that there would not be a repeat of what the framers had experienced when they set out on their mission to draft a document that would govern our country for years to come. Little by little our elected officials have been discounting our Constitution. There are many resulting repercussions; the most dear to everyone being the individuals rights. The end result of these interpretations being that our people are hurt, as we are slowly being stripped of our rights as U.S. citizens.
Strict constitution is a legal philosophy of judicial interpretation in which the original intent of the constitution holds that the Constitution means exactly what it says. Strict means limited government and mostly the governments are limited by the statues or formal written enactments. Statutes command or prohibit something, or declare policy that are laws made by legislative bodies and distinguished from case law which is decided by courts, and regulations issued by government agencies.
“Different but Equal” is a video in which Basil Davidson, the narrator, attempts to expand and heighten the understanding that Western civilization has about Africa. Often thought of as underdeveloped or uncivilized, Basil focuses mainly on the accomplishments of Africans throughout the years and uses them to contrast the surprisingly popular belief of African inferiority. Just a few of the main issues being brought up are how Europeans routinely discredited African accomplishments, the often disputed race of the Egyptians and their society, and why the thought that Africans are ‘uncivilized’ isn’t accurate. The video uses science, archaeology and history combined with the input of well-known researchers to give a more accurate depiction of
...r beyond any reasonable reading of either the law or the Constitution and then classify as top secret what the actual law is.”15
While we have a constitution that lays out our clear cut civil liberties and all the rights we possess, other countries chose to restrict those freedoms. Due to the many advantages the Constitution gives each American citizen, the US has been able to keep this document intact as long as they have while other countries have to constantly restructure their government principles. This stability leads to greater efficiency in our legislative process and a strong sense of national pride. For a nation filled with differences and mixed opinions, the Constitution is a perfect fit. It was written as unbiased as possible to ensure that it was not limiting anyone or anything, instead, giving each citizen the ability to keep their government in check and grant freedom to everyone. During the time the document was written was when the Colonist knew exactly what it felt like to live in a world of oppression and unjust government. As a result, Madison and the other leaders at the time made it a goal to put the power in the hands of the people and make freedom an utmost priority. With an Unbiased approach to government that gives no advantage to one group or another, and with amendments that only help citizens take control, the Constitution is what the early colonist left Europe and died
In Halley’s Comet by Stanly Kunitz a teaching is telling her first graders about Halley’s Comet. She tells them that if it hit earth there would be no school the next day. The children fill in the gaps and realize that there would not be any school because the world would end. One of her students is very concerned about this and that night while his family is asleep he creeps up to the roof. On the roof he sits and waits while looking at the sky. He is waiting for the world to end. Being a young child he does not totally understand everything that his teacher told him and he truly believes that the world is going to end that night. This is one example of the way that children interpret things inaccurately. When I was little, like many other children, I interpreted numerous things very wrong. As a kid my family and I always stayed up to watch American Idol. Back then it was really popular and we all liked seeing people who sounded terrible and the select few that actually sounded decent. Well one day when I was five I can remember that I was in the car with my family and we were driving home from something. My mom and step dad were singing to a song, and I remember thinking that they should go on American Idol, because surely they would win. Thinking back on it now, I laugh because I now know that I do not come from a family of vocally talented people. Every year when we sing Happy Birthday I have to restrain from covering my ears because we are so tone deaf. I had this misunderstanding, like the child in Halley’s Comet by Stanly Kunitz, when I was little because I was proud and curious, but now I can see that it was just silly.
Source #1 is open to interpretation because they changed they way they thought in the year of 399 B.C.E. Based on a situation that had occurred, with a Bill of Rights created the First amendment. That proves that they were open to change because they wanted to have individual freedoms and by creating the First Amendment and they made a change. Source #1 states, “The writings of philosophers such as Voltaire, the Englishman John Locke, and the American Benjamin Franklin helped propel revolutions in favor of individual freedoms.” Source #2 also explains how they were open to change and added to the First Amendment & the war threats. Source #2 states, “ He also proposed laws to make the nation more secure from foreign threats”. Also sourse #2 states, “ In other words, the Sedition Act directly limited freedoms allowed in the First Amendment.” The quotes states above show how the First Amendment was open to interpretation by the changes that were made on the situations that were
Throughout the semester, we have studied numerous communication theories. Their purpose is to help understand exactly what happens when we interact with others. We might not necessarily agree with all of the theories, but the idea is to develop tools to evaluate situations we may encounter. Often, when the theories are explained in the readings or lecture, it is beneficial to apply the concepts to a "real life" situation. Using this approach, I will use a situation that many of us have faced, or will face, and analyze it according to a particular communication theory.
The Constitution or “the supreme law of the land”, as stated in article six in the constitution is very complex. It is complex not only in its actual text full of ambiguities and vagueness, but it becomes more complex when used in practice and interpreted. Constitutional interpretation is significant because it is what decides what the constitution actually means. Constitutional interpretation is a guide judges use to find the legal meaning of the constitution. The interpretation of the constitution and amendments can make a big impact on outcomes. In our government and Judiciary, we see commonly see originalism being used to interpret the constitution and amendments, but there
Formal equality is known as the formal, legal equality. This is the equality that is seen as one law should be applied to all people, social and personal characteristics are no factor. Formal equality aims to distribute equality fairly and evenly, and aims to treat people the same. Formal equality does not ensure the wellbeing of individuals based on race, ethnicity, sex, age etc. Unfortunately, this side of equality does not recognize diversity and is insufficient for promoting social inclusiveness. Even though it may give the illusion of equality and justice, it is actually creating inequality and is actually ending up discriminating individuals (EU Charter of Fundamental Rights, 2004).