The Four Ideal Concepts Of The United States Constitution

1078 Words3 Pages
bulb-icon

Recommended: Judicial review in marbury v madison

Paper 1

The United States constitution is said to be unique compared to any other forms of law. There are four ideal concepts that set the constitution apart from any other law. The four ideal concepts is representative-democracy, federalism, separation of powers, and interpretation (Marks; 9/8/16). All of these concepts were different from the other world governments at the time in 1787. Most likely taking influence from Jean-Jacques Rousseau and John Locke, the U.S. constitution tries to establish trust between the people and the government. It sets up limitations, functions, hierarchies, and constant debate. The constitution serves as a benchmark and a reference point to see what the government can and cannot do.

The first ideal concept from the constitution is a representative democracy. A representative democracy is a system where the citizens elect officials to serve on their behalf. A representative democracy is a form of “Republicanism”(Marks;9/8,16). This form of democracy shouldn’t be mistaken with direct democracy. Where all of the citizens vote on public policies and what the country does. On the …show more content…

The government is supposed to interpret the constitution. All three branches have to interpret the constitution but it is the Supreme Court who has the sole responsibility of interpretation. The Supreme Court interprets laws and cases to see if they are constitutional or not. Judicial review is something the Supreme Court has the power to do. Judicial review was not included in the constitution but rather adopted as necessary. It came about through the court case, Marbury v. Madison. There are two forms of interpretation, originalism and non originalism (Marks; 9/13/16). Originalists believe that the constitution is meant to be applied to what it meant at the time it was drafted in 1787. Non Originalists believe that the constitution should not be applied literally but it should be used as a

Show More
Related

  • Analysis Of Miracle At Philadelphia

    837 Words  | 2 Pages

    For many, the Constitution is the document meant too symbolize the freedom and liberty associated with America; over the course of a few years the most important aspects of a nation were created that still affect generations.

    Read More

  • Constitution Dbq

    863 Words  | 2 Pages

    After the American Revolution, America had earned it’s freedom from Britain. In order to govern this new country the Articles of Confederation was created. This document was flawed by the colonists fear of putting too much power into a central government. Knowing the document needed to be fixed a constitutional convention was called. The document created at this convention has been our constitution ever since. But even the Constitution was meet with criticism. One major concern when writing the constitution was how to protect the citizens rights. The Constitution did this through the preamble, the legislative process, the limit of presidential terms, the judicial branch, and the bill of rights.

    Read More

  • The Constitution Dbq

    687 Words  | 2 Pages

    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.

    Read More

  • The Inefficiency of the U.S. Constitution

    1287 Words  | 3 Pages

    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.

    Read More

  • Has the U.S. Lived up to its Founding Principles?

    1300 Words  | 3 Pages

    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. After the American Revolution, each of the original 13 colonies operated under its own rules of government. Most states were against any form of centralized rule from the government. They feared that what happened in England would happen again. They decided to write the Articles of Confederation, which was ratified in 1781. It was not effective and it led to many problems. The central government could not regulate commerce between states, deal with foreign governments or settle disputes. The country was falling apart at its seams. The central government could not provide assistance to the state because there wasn’t a central army. When they realized that the Articles of Confederation was not up to par, they held a convention, known as the Constitutional Convention of 1787. As a result of t...

    Read More

  • The Supreme Court

    1073 Words  | 3 Pages

    There are two major ways that the Constitution is interpreted. One of which is called the “Strict Constitution” of national law, an example of this would be the “Dred Scott decision. The other way is the federalist position, where the Constitution grants broad power to the federal government. Two great examples of this type of interpretation were Chief Justices John Marshall and Earl Warren.

    Read More

  • Formation and Impact of the US Constitution

    709 Words  | 2 Pages

    The Constitution is the basis of the U.S. government. The Constitution is termed as the supreme law of the country. The Constitution was written in 1787 for the purpose of recommending changes in the old government. The Constitution came into effect in 1789. Establishing the laws of the country, a convention had to be held from important men from different states as well as aspects to debate out rules ensuring equality and unity in birthing America into a solid country. Every country 's laws are based on that society 's values. The foundation of those values is the morals of that society, and religious beliefs are the basis for those morals. At the time in history, the values, attitudes, and beliefs held within the country are introduced to us the same as our present day because we as a country still base our freedom and ways of life through political terms within the Declaration of Independence. We hold these truths to be self-evident, that all men are created equal; equal in religious liberty, social duties, and natural

    Read More

  • America's Democracy

    1078 Words  | 3 Pages

    The United States of America is a republic, or representative democracy. Democracy, a word that comes to us from Greek, literally means the people rule (Romance, July 8). This broad definition leaves unanswered a few important details such as who are the people, how shall they rule, and what should they rule on (July 8). Defining the answers to those questions means defining a model for a democratic system. William E. Hudson defines four such models in his book American Democracy in Peril: the Protective, Developmental, Pluralist, and Participatory models of democracy (Hudson, 8-19). Of these models, perhaps Participatory comes closest to an ideal, pure democracy of rule by the people (16-19). In practice, however, establishing a stable ideal democracy is not entirely feasible. In a country the size of the United States, it quickly becomes unwieldy if not impossible to have direct rule by the people. To overcome this, the compromise of the representative system allows the people to choose who will rule on a regular basis. The political culture that defines American politics shows that despite this compromise, America is still very much a democratic society.

    Read More

  • The Importance Of The US Constitution

    1142 Words  | 3 Pages

    The Constitution is responsible for establishing and distinguishing the powers of the presidency, Congress, and the court system. It says that each state must acknowledge the laws of other states and that the Constitution is the supreme law of the land. The Constitution is made of seven articles and twenty-seven amendments

    Read More

  • Understanding the American Constitution: Origin and Framework

    1070 Words  | 3 Pages

    One of the most unique and vital features of the American government is the establishment of a constitution. This constitution is a result of the fear of tyranny and the idea of rights that are unable to be infringed upon. The Constitution of America became the base of all law and decisions made in court. It gives us the ability to propose and pass laws, who can sit in power, what states can and can’t do under the supremacy clause, disburse funds, etc. In order to truly understand how the constitution can be implicated and interpreted, it is important to understand where it came from, and what Article One of the constitution states about governmental organization, and the Legislative branch.

    Read More

  • The U.S. Constitution

    1215 Words  | 3 Pages

    A constitution is a written document that sets forth the fundamental rules by which a society is governed. Throughout the course of history the United States has lived under two Constitutions since the British-American colonies declared their independence from Great Britain in 1776. First in line was the Articles of Confederation (1789-1789) followed by the Constitution of United States of America (1789-present). The Articles of Confederation was the first formal written Constitution of America that specified how the national government was to operate. Unfortunately, the Articles did not last long. Under the words of the Article’s power was limited; Congress could make decisions, but had no power to enforce them. Also the articles stated that Congress was denied the power of taxation meaning the national government was given no money to regulate federal spending. Money could only be requested from the states and states had the ability to not guarantee the request. Among the lack of enforcement and taxation was the denied power to regulate commerce trade for the national government in other words the federal government could not build a strong economy. All these factors and others included lead to the fall of the Articles of Confederation. Guiding towards Constitutional Convention, where the present day Constitution was written and signed by 38 of the 41 delegates present on September 17, 1787. This paper discusses why the Founding Father’s designed the Constitution as they did and how this design has affected our system today.

    Read More

  • The Pros And Cons Of A Representative Democracy

    332 Words  | 1 Pages

    The United States government could be described as a representative democracy. This form of government puts power in the people’s hands by letting them vote for their representatives. United States citizens vote on presidents, congress members, etc., which allows some power to be placed in the hands of every citizen. A representative democracy allows us to have a say in who represents our beliefs, values, and standards for the country. As stated in How Congress Works, a representative democracy is a way “in which the people would choose elected representatives to carry their voices to Washington.”

    Read More

  • Judicial Review Essay

    1212 Words  | 3 Pages

    By creating a Constitution, it is assumed that the people are going to agree to it as the law of the land. The Supreme Court is responsible for upholding the Constitution by interpreting the laws for the benefit of the people. The justices would be violating their oath if they were to oblige this obligation. If the Constitution were not the law of the land, why would it exist? This is the justification for judicial review, or the right of the court to declare legislative or executive unconstitutional. The Constitution states in article III, section 2 that, “The judicial power shall extend to all cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.” (Shafritz and Weinberg 16). Therefore, Judicial review is an implied power that determines whether or not legislation is constitutional and is necessary for the protection of the Constitutional rights of the people.

    Read More

  • The 5 Basic Sources of Law

    847 Words  | 2 Pages

    First, we are going to look at constitutional law. Constitutional law is a very broad source of law that deals with clarification and enactment of the United States Constitution. “As the Constitution is the foundation of the United States, constitutional law deals with some of the fundamental relationships within our society”(Cornell Law). These relationships include the affiliations between the three branches of government, which are legislative, executive and judicial. Other relations in constitutional law can be interactions between both state and federal government. Two important parts of constitutional law are both judicial review and the Supreme Court. “Judicial review is the idea, fundamental to the US system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch”(Cornell Law). Judicial review makes sure that the three branches of government plays by the “rules”, and judicial review also allows opportunity for a fair ruling. The Supreme Cou...

    Read More

  • Characteristics Of Modern Democracy

    1054 Words  | 3 Pages

    The practice of democracy existed, under many names or without realization, in numerous places even before the Greeks had the word written and recorded. However, the concept of giving citizens of a nation equal power in influencing decisions that affect them had been a monumental achievement in human civilization. The strength and fortitude of such a concept can be seen in the modern era where a great majority, if not all, of the governments of the most developed countries in the world are a form of democracy or have a great democratic aspect to them. The United States of America is a noticeable example of this. The US is a republic where citizens elect representatives who represent their views and make decisions in their name. However, with

    Read More

More about The Four Ideal Concepts Of The United States Constitution

Open Document