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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Without Precedent: Chief Justice John Marshall And His Times educates readers about the life of John Marshall and explains his profound impact on the American Constitution. Marshall was able to establish the Constitution's importance through his ability to form a fair consensus, uphold Constitutional laws, remain dedicated, and accommodate for future dynamics. Forming fair consensus was a significant contribution to the Constitution and Marshall demonstrated this in many cases including: Talbot v. Seeman, Marbury v Madison, and in the impeachment...
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Before the Constitutional Convention, America lived by a set of rules known as The Articles of Confederation. This was essentially the first “Constitution” but was a flawed one a best. The idea was that The Articles of Confederation would establish a national government that was equitable to all member states. The national government would be able to declare war, coin money, trade with tribes and they would have diplomacy. But like I said this was a flawed system at best...
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Those who kept up with the news would be no stranger to how dysfunctional the Congress were back in 2013, during Obama’s terms. In 2013, Jeffrey Toobin, a staff writer at The New Yorker and the senior legal analyst for CNN, wrote an impressive essay called “Our Broken Constitution”. Toobin went through the history of the Constitutional Convention in 1787, queried if there is any result of the Constitution and commented about the Constitution. I agree with him when he...
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America Divided: The Impeachment of the 45th President of the United States Zero transparency and/or accountability, claims of being above the law, not working with the other co-equal branches of government, evidence of illicit behaviors and actions, and the slippage of democracy. These are all things our founding fathers feared to happen in our great nation. The Constitutional Convention of 1787 was an event to set up this countries government, and the goal was to be a non-monarch style rule...
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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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You are visiting a local shopping mall when you slip on a puddle, and break your leg, this is considered a Tort. A tort is any wrongful act, or accident that leads to a legal liability. Torts can be broken into two categories: Intentional Torts, and Negligence. An example of intentional torts may be getting hit in the head by a bat with the intent to cause harm, if the victim was accidentally hit this would be considered negligence. Negligence...
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The Constitution was written in 1787 and is still used today. Over time, the meaning of the amendments has been interpreted differently due to technology and society advancing. The Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the...
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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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John Adam’s unpopularity was the reason for Thomas Jefferson’s election success in 1800 to a minor extent. There were various other factors that attributed to Jefferson’s election success. George Washington resigning in 1797 and his death in 1799 was paramount to Jefferson’s confidence. America winning their revolutionary war and gaining independence in 1776 was vital for Jefferson’s national American supporters. Moreover, the flaws in the American voting system and the actions of Alexander Hamilton aided Jefferson to be favored as...
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How does Locke describe the “state of nature” and what is his recommendation regarding the social contract? What is the primary purpose of government according to Locke? According to Locke, the “state of nature” is a far more pleasant place to be than Hobbes’. He also gives Laws of Nature, “that mankind is to be preserved as much as possible.'' This comes from the idea that we are God’s property and should not then harm one another. We must obey...
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I grew up on the frontiers of freedom. I lived in Kuwait and Estonia as a child; the former has been liberated by America and the latter is protected by America. Living a country fresh out of the prison house of nations (Russia), I never knew what America was. I had never even celebrated the Fourth of July, nor was I aware of its existence. My mother told me a story of how my brothers and I marveled at the...
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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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In 1781, the original constitution of the US was ratified. This helped the colonies declare independence from Britain which kicked off the Revolutionary War. The Second Continental Congress created the new government of the United States, which was written as the Articles of Confederation. Then 1789, The Constitution of the United States of America was made and this we were brought up and created to form a more perfect Union, also to help the people and defend them within the...
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The U.S. Constitution: From Past to Present The U.S. Constitution contains 4,400 words and is 17 pages long, or 4 parchments. Some people will say those 4,400 words are outdated for today’s modern society. When you look back in history, people such as Samual Adams and Patrick Henry were against the constitution. They were known as anti-federalists. Other people like John Adams and Benjamin Franklin supported the U.S. Constitution. They were known as federalists. The U.S. Constitution has been in...
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Since its inception, America has gone through a myriad of changes. In its short life of just two-hundred-forty-three years, America has become an independent nation, expanded West, ended slavery, introduced and later abolished prohibition, established equal voting rights, ended segregation, and legalized gay marriage. When one sits down and thinks about it, that’s a lot of changes for one country to go through in such a short time. However, none of these changes happened overnight. In many cases, in fact,...
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When the shift began, a Republican-dominated state from the early '50s to the late '80s. Various counties had shared both the Democratic label and the Republican label. Whereas, the electorate had power starting from the Democrats in the early '40s to '50s to the early '50s to the '80s dominated by the republicans. Since then, the heavy influx of Latino and Asian immigrants had gone back to the state. The difference between the Californian constitution is how the fundamentals can...
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