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Us constitution thesis
Us constitution thesis
Written constitution
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The American Constitution is the document that the American government is modelled after. Any decision made in the government, in any branch and at any level, must be in compliance with the Constitution. Consequently, the Constitution is one of the most important documents in American politics. Being that the Constitution is so very central in all aspects of important decision making, it would behoove the American people to know what the central messages and the main conceptual precepts of this document are. This paper will consider three foundational principles of natural rights, classical republicanism, and popular sovereignty, explaining what each of them mean, and how they continue to shape what America is as a country to this day. …show more content…
The idea of natural rights is often accredited to the English seventeenth-century philosopher John Locke.
In his work, Two Treatises on Government he said that the basic rights of Life, Health, Liberty, and Possessions should not be taken away from anyone (Locke, 1821). Though the Constitution does not include expressions such as inalienable or natural rights, it is believed that when writing the Bill of Rights, the authors of the Constitution were influenced by Locke’s ideas. The Bill of Rights details the basic rights of Americans, and the majority of those listed can be traced back in some way to John Locke’s philosophy (Costly, n.d.). For example, in the Bill of Rights, it states that American citizens’ life, liberty, and property cannot be taken away from them without due process of law (U.S. Const. amend. V). Although the terminology is not exact, the Framers of the Constitution were clearly influenced by Locke’s ideas, as the basic idea of which rights need to be protected is maintained. In both, the purpose is to guarantee the essential rights that all people have to general well being (whether it be life, liberty, health, possessions, e.t.c.). These were put in place to protect the general public from a leader’s abuse. Because of this amendment in the Constitution, the American people have less of a reason to fear someone killing them for no good reason, or taking the things that they work hard …show more content…
for. In addition to natural rights, classical republicanism was a crucial aspect that was taken into consideration when forming the Constitution. Classical republicanism is the idea that everyone should work to benefit the common welfare, instead of focussing on only selfish personal interests. This idea was popularized from Americans looking back and gaining inspiration from Rome, as they were a shining example of a successfully functioning republic. The way the Framers of the Constitution saw it, the government could be run in the best way if individual rights were preserved, but everyone also put the welfare of the country as a priority (Article1, n.d.). These ideas initially seem to conflict, but the authors of the Constitution realized that for government to work, they needed to combine aspects of natural rights with classical republicanism. Individual rights are important, but sometimes need to be sacrificed for the good of the common man (Smith, n.d.). Finally, popular sovereignty is the concept that the power of the government is derived from the consent of the governed.
Popular sovereignty is the first of seven principles in the Constitution, suggesting that this was prioritized, at least to some degree, in eyes of the Framers. Having just escaped from the rule of Great Britain, the American people were wary of slipping right back under the thumb of another leader that just wanted power and authority. They didn’t want someone in charge that didn’t have their best interest at heart. Consequently, they included the idea of popular sovereignty in the Constitution. The idea of popular sovereignty is reflected in the process required to amend the Constitution. Congress must have a 2/3 agreement and the states must be 3/4 in agreement (U.S. Const. art. V.). In this instance, it is plain to see that changing the government is dependent largely on the people therein. If the majority of the people are not in agreement, the government can’t change, reinforcing the idea that the power of the government is in the hands of the
people. Each of these three principles are building blocks of America as we know it today. The American people are adamant on ensuring that their natural rights are not being infringed upon. In the past few months, and in much more frequent intervals than the past, protests have been breaking out everywhere. Take for instance Colin Kaepernick claiming that he has the right to kneel during the national anthem. One side of the argument states that Kaepernick can do as he pleases; he is expressing his natural rights by taking a knee. The opposing side argues that he is disrespecting those who fought for him to have his rights in the first place. It’s a massive debacle, all centered around the idea of natural rights, and how they should be interpreted today. An example of classical republicanism influencing life in America in recent history is the Patriot Act. Because of the threat of terrorism, American citizens willingly gave up some of their natural rights, to some degree, in order to benefit the good of the nation as a whole. Popular sovereignty also remains on the forefront of everyday American life. A fair example of this would be voting. People can vote, or even propose laws and motions to see the changes they want in their community. The power of the government still comes from the people, even today. To conclude, natural rights, classical republicanism and popular sovereignty were very important to the Framers of the Constitution. They wanted to make sure that the American people could live long, happy lives, and that America would become a powerful and successful nation. Up until the present day, the United States government strives to secure these principles in running the country. Although written over two hundred years ago, the ground-breaking document that is the Constitution continues to shape the way American citizens live their lives everyday.
Many complaints focused on the lack of a bill of rights in the Constitution, stating the inalienable rights of an American citizen. In Thomas Jefferson’s Jefferson Writings (Doc. C), he states that no government is entitled to omit such an important part of a country’s makeup. The reason a constitution is made is to protect the rights the people fought for during the Revolution, not limit them. Another concern is the balance of power between social classes and the governmental branches, which was a big issue with the Articles of Confederation. Even with checks in place so no branch of government could become to powerful, there was always a risk. In the “Brutus” and “John DeWitt” papers (Doc. D) it states that this unbalance of power could lead, disastrously, to one group dominating over all others, most likely the aristocrats. Some people, such as Patrick Henry during his Speech to Virginia State Constitutional Ratification Convention (Doc. F) even became heatedly anti-federalist, stating that the Constitution endangered to sovereignty of the states entirely. But even with these various concerns and arguments, the Constitution was ratified by all thirteen states in
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.
John Locke, one of the leading philosophers of the European Enlightenment was very important when it came to political thought in the United States. His ideas of the reasons, nature, and limits of the government became especially important in the development of the Constitution. In one of his most famous writings of that time, Two Treatises on Government (1689), Locke established a theory where personal liberty could coexist with political power ; meaning that the people would agree to obey the government and in return, the government would have the responsibility of respecting the people’s natural rights. In other words, he laid out a social contract theory that provided the philosophy and source of a governing author...
The Constitution lays out the rights and obligations of the newly formed United States government. But, what of the rights and obligations of its citizens? Starting in 1791 only two years after the Constitution was ratified the Constitution began to evolve and this process continues to this day. The first ten amendments to the Constitution are known as the Bill of Rights. This Bill of Rights outlines the protections which citizens have from the government of the United States. The question raised in the title of this paper is; Are the Bill of Rights, written well over 200 years ago still relevant today? Of course they are and probably even more so. To illustrate this fact we will examine each of the ten amendments rewrite each one using common everyday language of today and if possible discuss why this was important in 1791 and why we may or may not need this document in writing today. In restating each amendment I will try to write it as if it is a brand new document, which is a stretch to say the least. With out the struggle of the colonies through war and abuse by the English Monarchy would one have the foresight to see how a government may take for granted the rights of its citizenry?
The prominent figures at the time, such as Jefferson, realized this; Jefferson states in his letter to Madison that “a bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inferences.” (Document E). The first part of Jefferson’s statement is plain and obvious: every decent government owes its people a Bill of Rights. The quote “rest on inferences”, however, means that a government, or rather any higher authority, should not attempt to guess what the people want. Instead, the government should represent the people, and ask them what they want. That is what common practices such as voting, and statements such as “no taxation without representation” embody. Nevertheless, in this letter Jefferson recognizes the Bill of Rights as a desideratum. Additionally, in Document C- Federalist Papers #38 - Madison reports that “A fourth concurs to the absolute necessity of a bill of rights, but contends that it ought to be declaratory, not of the personal rights of individuals, but of the rights reserved to the States in their political capacity.” That statement illustrates what exactly the American people were asking for. They did not call for complete abandonment of political interests in favor of social freedoms, they wanted the State as a whole to have a set of rights. Also, the statement includes the words “political capacity”, which is a reference to the aforementioned notion that politicians and political parties should be limited in their power and should not be more important that the people. Rather, politics and socialization should stand on equal ground. Lastly, Document H exhibits four amendments from the Bill of Rights. Examining the wording of these amendments reveals how they specifically targeted the complains of the people and rectified them. Amendment I
In the making of the United States, there were many events that are important. This paper intends to highlight a few of those events including; Magna Carta, Mayflower Compact, Declaration of Independence, Articles of Confederation and the Federalist Papers. Many events in America’s history helped to establish the United States as a free and independent country. The Declaration of Independence in particular explains the rights and freedoms that Americans. Each document is like a stepping stones that leads to the next and building upon the pervious document.
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.
This great country known as Canada, is governed smoothly because of the agreements and rules that have been in place since the beginning of confederation. The Canadian Constitution is one example of these rules. The Canadian Constitution is not just one single documentation, it is a collaboration of documents that make up one enormous document (Dyck 261). The six basic principles of the constitution are: responsible government, federalism, judicial review, the rule of law, constitutional monarchy and democracy; which all helped to shape the Constitution and therefore Canada (Dyck 266).
After a hard won bitter revolution, America was given the opportunity to create its own government. The Founding Fathers did not want to create another monarchy, but instead a republic, or representative government, was formed. The Constitution was organized to establish laws for government and people. The Founding Father’s political theory was antithesis to American democratic faith. The philosophy of the founding fathers is analyzed including the idea of stability in government, republicanism, and the nature of man.
The Bill of Rights was created as a listing of the rights granted to citizens, the Bill of Rights serves to protect the people from a powerful government. These civil rights granted to U.S. Citizens are included in the first 10 amendments to the U.S. Constitution. Additionally, Locke’s ideas about checks and balances and the division of church and state were later embodied in the U.S. Constitution as well. The Constitution replaced a more weakly organized system of government as outlined under the Articles of Confederation. John Locke was an English philosopher who lived during 1632-1704.
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.
On June 12, 1776, in Williamsburg, Virginia, the Virginia Convention unanimously agreed to adopt George Mason’s declaration of rights, now known as the Virginia Declaration of Rights. Much of the Virginia Declaration was influenced by the writings of John Locke. During the seventeenth century, shortly after King James II was overthrown, John Locke wrote the Second Treatise of Civil Government to explain why King James’s II overthrow was justifiable. Through much of Locke’s writings, his main idea was how man was born with natural rights, specifically property and liberty. This can be seen when he writes “the state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions.” This influences George Mason in section one where he wrote “ That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.” Locke also speaks about how the legislative gets its power from “the hands where the community placed it.” George Manson shows his influence on this in section two where he writes “That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants and at all times amenable to them.” Not only was the Virginia Declaration of Rights an important piece of our history of America, but it leads to and influenced a...
“Popular Sovereignty is the basic premise of government that all power… rests in the will of the people” (WiseGeek). The original constitution does a good job of supporting this principle, beginning with the preamble, which starts with “We the people…” Articles I and II specifically discuss the makeup of the legislative and executive branches along with terms in office. In addition, article II discusses the manner for appointing the Supreme Court by the elected president. The framers of the constitution were so concerned about civil liberties that they enhanced the idea of popular sovereignty in the 9th and 10th amendments. These amendments are very broad with few specifics.
There are five principles of democracy in the United States. Three main ones to explain in depth are Rule of law, Separation of powers, and Checks and balances. Rule of law means the government can only do what the people allow it to do. Separation of powers is the division of the government, legislative, executive, and judicial. The last one to explain is checks and balances, which is a system created to make sure each branch of government does not possess too much power.
Like Thomas Hobbes, John Locke also believed that all humans have unalienable rights to life, liberty and property. These are known as the natural rights. In the development of this theory, Locke was largely influenced by the lifestyles of