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Relevancy of bill of rights
What is the bill of rights quizlet
What is the bill of rights quizlet
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United States constitutional law defines the scope and application of the terms of the Constitution. It covers areas of law such as the relationship between the federal government and state governments, the rights of individuals, and other fundamental aspects of the application of government authority in the United States. It is a field of law that is broad and complex. Some constitutional scholars maintain that the authors of the Constitution had intended that it be vague and subject to interpretation so that it could be adapted to the needs of a changing society. Others maintain that the provisions of the Constitution should be strictly construed and their provisions applied in a very literal manner. The framers of the Constitution were meticulous in structuring a document that limits the power of central government. They set forth balanced measures to impede government growth and over-regulation. They also provided a method that allows changing societal values to be considered over time. They knew, however, that the nature of …show more content…
This was the Constitution at work as the framers had intended. These Amendments corrected a grievous omission, the inclusion of which was politically unattainable in 1791 but reflected societal changes by the 1860’s. We as a society have let each generation of leaders whittle away at the core values of the Constitution through overreaching laws, executive orders, judicial legislation, and the concept of a “living document.” These distortions to the Constitution were slow and almost imperceptible to the electorate; most even seemed to make sense. Now, however, the changes are coming fast. All three branches of the government, consciously or not, are working to distort the document that has kept the American Dream alive for over 200
Since its very conception, the Constitution of the United States has while holding great reverence, been a great topic of debate amongst the political scholars left to analyze it in all its ambiguity. Two such scholars, John Roche and Charles Beard, in their analyses of the Constitution aim to tackle a layer of the uncertainty: how democratic the Framers truly intended the Constitution to be. John Roche speaks in unquestionably high regard of the Framers in advocating that they so evidently compromised their own values in order to create a democratic document that would strengthen the US as a whole. Charles Beard conversely insists that as the economic elite of their time, the Framers were influenced primarily by their private interests to
During and after the turmoil of the American Revolution, the people of America, both the rich and the poor, the powerful and the meek, strove to create a new system of government that would guide them during their unsure beginning. This first structure was called the Articles of Confederation, but it was ineffective, restricted, and weak. It was decided to create a new structure to guide the country. However, before a new constitution could be agreed upon, many aspects of life in America would have to be considered. The foremost apprehensions many Americans had concerning this new federal system included fear of the government limiting or endangering their inalienable rights, concern that the government’s power would be unbalanced, both within its branches and in comparison to the public, and trepidation that the voice of the people would not be heard within the government.
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.
All of the framer of the U.S. Constitution had one thing in common, they all felt that the government didn't have enough power. At the same time they didn't want to give the government to much power. They all knew if there was power to be held someone was going to hold it and over use it The framers didn't want to create a system like Britain or England.
From 1860 to 1877, the American people faced several constitutional and social issues. For example, the after-effects of the Civil War, power struggle between the state and federal government, issues with civil liberties and suffrage, the rights of free black men, and resentment of white men, have all become critical issues. These critical issues needed immediate resolutions. Therefore, resolutions were created to solve these problems and those resolutions called for new constitutional and social developments that have amount to a revolution.
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 men who wrote the American constitution agreed with Thomas Hobbes that humans were naturally evil. Therefore, they agreed that in order to prevent a dictatorship or monarchy, the citizens should have influence in the government. The writers wanted a more ideal constitution, but they realized evil human motives would never change. One of the main goals of the constitution was to create a balanced government that would allow the citizens to prevent each other from being corrupt. The writers wanted to give citizens liberty, but they did not want to give people so much liberty that they would have an uncontrollable amount of power. The writers agreed that a citizen’s influence in government would be proportionate to that individual’s property.
In 1789, the Confederation of the United States, faced with the very real threat of dissolution, found a renewed future with the ratification of the Constitution of the United States. This document created a structure upon which the citizens could build a future free of the unwanted pitfalls and hazards of tyrannies, dictatorship, or monarchies, while securing the best possible prospects for a good life. However, before the establishment of the new United States government, there was a period of dissent over the need for a strong centralized government. Furthermore, there was some belief that the new constitution failed to provide adequate protection for small businessmen and farmers and even less clear protection for fundamental human rights.
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.
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...
Tyranny is a problem that many countries have faced during history, and it can lead to disastrous consequences. Hitler was a tyrant, and while he was controlling Germany millions of people were killed. For fear of outcomes like this, the framers of the constitution provided ways to ensure our country would never face tyranny. During the spring of 1787, delegates gathered in Philadelphia, Pennsylvania for a Constitutional Convention to reconstruct the current constitution, or the Articles of Confederation. The 55 men were aiming to create a constitution that separated the power in the government to keep one person or group from gaining too much. The framers gave the Constitution four main safeguards to prevent tyrants in our country, federalism,
During the construction of the new Constitution, many of the most prominent and experienced political members of America’s society provided a framework on the future of the new country; they had in mind, because of the failures of the Articles of Confederation, a new kind of government where the national or Federal government would be the sovereign power, not the states. Because of the increased power of the national government over the individual states, many Americans feared it would hinder their ability to exercise their individual freedoms. Assuring the people, both Alexander Hamilton and James Madison insisted the new government under the constitution was “an expression of freedom, not its enemy,” declaring “the Constitution made political tyranny almost impossible.” (Foner, pg. 227) The checks and balances introduced under the new and more powerful national government would not allow the tyranny caused by a king under the Parliament system in Britain. They insisted that in order achieve a greater amount of freedom, a national government was needed to avoid the civil unrest during the system under the Articles of Confederation. Claiming that the new national government would be a “perfect balance between liberty and power,” it would avoid the disruption that liberty [civil unrest] and power [king’s abuse of power in England] caused. The “lackluster leadership” of the critics of the new constitution claimed that a large land area such as America could not work for such a diverse nation.
The Founding Fathers limit the power of government in the Constitution utilizing many different tactics, many more than even the aforementioned. Their main intent was to make the nation less democratic and to keep the government small. The Constitution has accomplished the Founding Fathers' goal until now, and will hopefully continue doing so in the future.
“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”