A constitution is the supreme norm that bases everything in the legal system of a country. This is what makes us like citizens with rights and duties. The constitution is the laws that should govern the people of a society, because if they did not exist people would do what they wanted. The constitution provides powers to the State’s servants so that the State can fulfill the functions that are legitimately expected of it. A constitution with a rights perspective...
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The massive majority of modern constitutions pronounce the rudimentary ideologies of the state, the structures and procedures of government and the fundamental privileges of the people in a higher law that cannot be individually altered by a regular legislative act. This superior law is frequently denoted as a constitution. The content and nature of various constitutions and how it relates to various political and legal order is different from country to country. This has made it very difficult to have...
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The American Constitution is not just a certain period in history. It is multiple events happening over a period. It started in 1787, when the American Constitution was written, and the last change that happened was in 1992. However, what is going to be discussed is key playing Justices. The four Justices that are important to history are; John Marshall Harlan, Oliver Wendell Holmes, Louis Brandeis, and Antonin Scalia. These justices have many aspects that are similar and many that...
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The ten amendments’ in the US Constitution guarantee our natural born right in a variety of topics such as freedom of speech, religion and many more. While we are guaranteed these rights, they all have their own limitations that are not always stated as clearly as the right itself. These constitutional rights can also be commonly misinterpreted and leave people with different perceptions on what each one entail. One of our constitutional rights that is misused is the second amendment,...
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Independence of Judiciary In India, the question of the independence of the judiciary has been a subject of heated national debates and articles over the last many years. It has exercised the minds of legislators, jurists, and politicians. Both the supporters and the opponents have cogent arguments in support of their views. This question assumes great importance whenever the Supreme Court holds a particular Act passed by the parliament of the constitution or whenever Government supersedes any person while making...
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A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization, or another type of entity and commonly determine how that entity or country or government is to be governed. When these principles are written down into a single document or set of legal documents, they become law and are enforceable by the concerned authorities, those documents may be said to be a written constitution. if they are encompassed in a...
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Throughout history, religion and politics have always been interlaced to a certain extent. Indeed, the first has been an effective way to address the social relationship among the citizens and it had been useful to create a sense of belonging to a particular socio-political culture. This is further emphasized by the fact that most civilizations have had a particular religion that was often both correlated to, as well as supporting the political ideologies of the population. Considering the Egyptians, for...
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Racism The issue of citizenship in America, together with voting rights, has been a hot debate over the years. This issue has led to most amendments in the great American constitution. These amendments include the 13th, 14th, and 15th, which have been termed as reconstruction agendas. However, people have misinterpreted these amendments, going contrary to what they advocated. Over generations, people in the country have questioned about their well-being, especially black people and other races. Main Ideas A history professor...
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The American political system is broken. The current state of our democratic republic is a blatant reflection of the obvious defects in the founding document(s) we so often rely upon for guidance, wisdom, and enlightenment. Our founding document, the Constitution, establishes a conventional substructure for an effectual administration of a nation in which its people are permitted to exercise their natural human rights in accordance with the law and pursuit individual happiness. The Constitution expresses a deep understanding that equality,...
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One way which both constitutions are similar is both England and USA have laws which are put into place which people are expected to follow. People are aware of the expectations and the consequences if laws are broken. By having rules in place people are kept in control because the laws clearly state what is and is not expected. Laws are created so that people are protected from harm, but they are also created so that the public know that...
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When many people try and talk about how the Constitution advocated for racial quality, there isn’t any real proof of such. In fact, most modern historians conclude that the American Constitution could in fact be a proslavery document. Recognition of the proslavery Constitution would lead the United States to explore our early history much deeper. The Constitution protected slavery and promoted slave possession, which consisted of many proslavery clauses. The Apportionment Clause, Article I, Section 2, added three-fifths of slaves...
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The Bill of Rights was included in the Constitution to keep the government in line, to ensure we always have our right to life, liberty, and property. The Eighth Amendment in the Bill of Rights was added to the Constitution in December of 1791. This amendment ensures that when found punishable for a crime, the punishment shall not be excessive, cruel, or unusual. Throughout the years, many have begun to question if the Supreme Court has even acknowledged and exercised...
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The United States won the war against Great Britain during the Revolutionary War to gain independence. After the war, the country was having trouble due to military weaknesses, financial difficulties, and lack of cooperation with the state and the national government. Furthermore, during the Shays’ Rebellion, the people were frightened about the situation and convinced the leaders in all 13 states to make changes in the Article of Confederation. In 1787, 12 states met up in Philadelphia to make changes...
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Over the years, the U.S. Supreme Court has evaded dealing with the issue of the Second Amendment and the right to bear arms in the U.S. Constitution. The last time that they did was back in 2008 and 2010 which saw victories for those in favor of carrying fire arms. The facts are, there are different sides to this argument, whether that the 2nd Amendment covers all weapons, or certain ones, and if we are sticking to the constitution and...
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The presidency was suggested in Philadelphia at a Constitutional Convention by Virginia's Edmund Randolph, as a major aspect of James Madison's proposition for the federal government, which wound up recognized as the Virginia Plan. Madison offered a fairly crude plan of the official branch, letting open if what he named the national official would be an individual or a lot of individuals. He recommended that Congress select the official, whose powers also, expert, and even length of term of administration,...
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In the Merriam Webster dictionary (2020), the definition of systemic racism is broken down into two words. Systemic meaning “fundamental to a predominant social, economic, or political practice”. Racism also defined by Merriam Webster definition (2020) means, “the systemic oppression of a racial group to the social, economic, and political advantage of another”. I believe systemic racism occurs today. People treat people differently due to the color of their skin, and that is the sad, disappointing truth. At the start...
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In the Supreme Court case, Barron v. Baltimore (1833), the notion of “dual citizenship” became what ultimately shaped civil liberties and civil rights protections for early citizens as the Supreme Court ruled that the Constitution’s Bill of Rights restricted only the powers of the federal government and not those of the state. In other words, John Barron might have been protected by the fifth amendment on a federal level. However, the U.S. government’s Bill of Rights did not fully extend...
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Someone's Fourth Amendment right ensures that citizens are driven into improper search and seizure and are not searched without possible causes. In the wake of 9/11, the government overcame the American Patriot Act, which caused controversy over civil liberties. The law passed several provisions before it was finalized in 2015. Later, the US Freedom Law was enacted, expanding the civil liberties of society. Since 9/11, the 4th amendment has been compromised in various ways. The US Patriot Act section expands...
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Susan Jacoby's essay, 'A First Amendment Junkie,' presents a compelling argument about the complexities and limitations of the First Amendment of the United States Constitution. Through her exploration of free speech, Jacoby challenges conventional perspectives and offers thought-provoking insights that demand critical examination. Jacoby begins her essay by proclaiming herself a "First Amendment junkie" and staunch defender of absolute free speech. She advocates for the unrestricted exercise of the First Amendment, arguing that even offensive and hateful speech should be...
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As a future political science major, one of the most talked about documents in my field of study is the Constitution. The, arguably, most prevalent debates over the Constitution is how flexible it should be. Constitutional traditionalists often call for a strict reading of the Constitution in its original form, whereas Constitutional progressives often are in favor of a looser reading of the famous document. This is not a new debate, in fact this debate has been going on since...
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The Declaration of Independence are important articles that ensure our independence from Great Britain. This document will describe who adopted the Declaration of Independence, what the Founding Fathers created, a summary of the Articles, and how the Constitution affects the world today. It was written by Thomas Jefferson; he wrote it because they wanted to announce their independence from Britain. They also wrote it because they wanted to be an independent nation and were able to confirm their alliance with...
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The Declaration of Independence was written because people were escaping King George the Third, who was a tyrant and oppressed his people in Great Britain. The people escaped to what is now America. Later, the DOI was created on July 4, 1776. The hope of these founders was to create a better nation with values and ideals to improve government as opposed to King George’s ruling. The DOI lists all the bad things the tyrant has committed which hurt domestic...
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One document that influenced the Texas constitution was the United States constitution. These two constitutions are very similar. As a matter of fact, both the United States and Texas constitutions have a bill of rights, a bicameral legislature, a system of checks and balances, and a separation of powers within the three branches of government; legislative, executive, and judicial branches. One major reason I believe the United States constitution influenced the Texas constitution is because of the separation of powers...
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The founding fathers considered various things to be important tools for maintaining freedom. Constitution is one of the tools and this explains why it has been amended over the years. The constitution has remained to be the supreme law of every sovereign nation. The constitution’s vast language is expounded by the principles outlined in the declaration. The founding fathers used the declaration’s principles in the drafting of the new constitution. The Declaration in liaison with the constitution addresses the fundamental...
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The U.S. Supreme Court was created by the Constitution of the United States and was established in 1789 and recognised under the Judiciary Act of 1789 (Smentkowski 2019). When the Founding Fathers were drafting the Constitution, they were against having a central government. As a result, when writing the Constitution, they decided that it was important to have an institution that had certain checks and balances on the legislative and executive branches of government. This, therefore, resulted in the Founding...
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The US Constitution, along with the Bill of Rights, are the primary documents that stipulate the rights of American citizens and the protections they are afforded. Adopted in 1789, the Constitution ensures that “no man should be deprived of his unalienable rights, among which are life, liberty, and the pursuit of happiness”. Though it is seen as a perfect opportunity for freedom and democracy, the American Constitution deliberately excluded segments of the population from the liberty the Founders wanted to...
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Is the U.S. Constitution a living document or a black and white document? That has been a question for centuries. I personally think that it is a living document and that is changes with the country. If you can add information to it than it can adapt to your current situation. People argue that the constitution is black and white because the founding fathers who wrote it could not have possibly think that the country would change the way it...
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The most cherished and recognized right, featured at the very top of the American Bill of Rights within the Constitution of the United States of America, is the freedom of speech; specifically, the rights to freedom of religion, freedom of speech, freedom to assemble peacefully, freedom of press, and the freedom to petition the government. These rights, ordained by the Framers of the Constitution as the most important, is also one of the most infringed upon. What changed? What is...
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The referendum to abolish the Eighth Amendment in The Republic of Ireland has been a long-awaited step in the right direction for a more liberalised society in Ireland. After legalising equal marriage for all genders and sexualities; it only seemed fitting that the Irish government would allow the populace to take part in a referendum to drop the Eighth Amendment. However, the referendum could be seen as a threat to more conservative people who believe that it goes against Catholic...
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The political philosophy of the Constitution has gone through a roller coaster of development and change. It has introduced a better central government however because the government was so strong the Bill of rights was implemented to secure individual rights the people. Many factors have contributed to the development of the Constitution after its ratification and adoption of the Bill of Rights which were seen through the Constitutional Amendments, interpretation in federal court decisions, legislation at the state or federal...
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