...------------------------------------------------- INTRODUCTION TO THE AMERICAN CONSTITUTION 7_4_2014 The idea is that there must be a tension between the different branches of the State power. This differs from the European style system because when you think about the normal situation where you have a prime minister, the reality is that in most countries, the PM becomes PM because he holds the majority in the legislative branch. So almost necessarily, the party who has the majority in the executive power also has it in the legislative power. In fact, Americans typically LIKE divided governments. If you want an example of that, just look at the last presidents of the US. Bill Clinton e.g. was a member of the Democratic Party while the congress was held by the Democratic Party as well. However, interestingly enough, that situation lasted only 2 years, after which the Americans decided to elect a republican president: Bush. The same happened more or less to Bush, and after that to Barack Obama. This is called the Fundamental Split between political parties. As part of that, what happened is that American people were able to express their ideas. They often like to have one party at power in the Congress and another party at power in the Government. What if a third party develops himself? One of the two parties will try to move towards the same ideas. They do have third party candidates in Congress, but their power is very small. It’s an idea that is embraced by the American people: there’s a uniform trust in...
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...INTRODUCTION: A Constitution consists of those fudamental rules which determine and distribute functions and powers amoung the various organs of the Government, as well as determine the relations of the governing authroties with the people. The Constitution of the U.S. sets forth the nation's fundamental laws and is the Supreme Law of the land. 2- SALIENT FEATURES OF U.S. CONSTITUTION: Following are the Salient features of U.S. Constitution. (I)WRITTEN: American Constitution is in written form. It is very brief Constitution, originally consisted of preamble and seven Article but now 26 amendments have been made in it. (II)ENACTED: U.S. Constitution is and enacted constitution given by the convention in Philadephia and officially adopted on March 4, 1789. (III)SOVERIGNTY OF THE PEOPLE: the preamble of the U.S. Constitution laid emphasis on the sovereignty of the people. It starts with the words. "We the people of the United States". Which clearly indicated the soverignty of the people. (IV)SUPREMACY OF CONSTITUTIONAL LAW: The Constitution of U.S. is the basic law of the country to quote Constitution itself. "This Constitution and the laws of the United States which shall be made in pursuance there of ............ shall be the Supreme Law of the land. (V)CONVENTIONS: Conventions played an important role in the development of the Constitution and they are also the basic featur of the U.S. Constitution e.g. the growth of the cabinet of the American President is the...
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...September 17th, 1789 The United States Constitution was ratified and made law. The founders of United States Constitution had the foresight to give the constitution a way to grow and adapt with America’s needs, by including an amendment process to change or add to the rights of Americans. The amendment process has allowed America to continue growth and prosperity throughout the years and become one of the most powerful nations in the world. The amendment process will be covered in this paper along with the. The author of this paper will also look at later amendments to the constitution with an emphasis on amendments 13, 14 and 15 and the effects they had on America culture and society. The Purpose of Amendments The constitution was created with an amendment process in Article V to allow the document to adapt to changes in American society. According to article V of the Constitution an amendment can be passed by either a two-thirds vote in the House of Representatives and the Senate or by a convention where two-thirds of the legislatures meet over an amendment. After the Amendment is approved in the convention process it must then be ratified by 75% of the state legislatures (UMKC School of Law, 2013). Without the Amendment process the United States would have been bound by the same rules that applied back in the late 1700’s. The Amendment process has made it possible for the Constitution to change rather than being overhauled the Constitution can be tuned to adhere to current times...
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...Beatrice Walker HIS/301 Professor Lopez-Schermer June 10, 2013 Our four fathers as a way of check and balances created the Constitution. They believed that a strong federal government was needed for the country to survive. The constitution is the base for all laws in the United States. It’s the highest law in the United States. The constitution can be changed, when it’s changed it’s called and amendment. Among the amendments are the bill of rights and the reconstruction amendments. In this paper I will discuss how and why amendments become part of the constitution, what were some problems with the original document that motivated the adoption of the bill of rights, the effects of the bill of rights and the reconstruction amendments and their effects. How and why do amendments become part of the constitution? When the constitution was written, the Framers knew that the constitution would and could be amended. Article V of the constitution tells how an amendment can become a part of the constitution. It takes two steps to add an amendment to the constitution. The first step is the proposal. An amendment can be proposed by either two-thirds vote in congress, which includes both the House of Representatives and the Senate. The second step is ratification; the amendment has to be ratified by wither three-fourths of the state legislatures or by state conventions in three-fourths of the states. An amendment can only be ratified after two-thirds of the House and...
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...Implications of Legalizing the Illegal In the recent 2012 election, the states of Colorado and Washington passed a law that would legalize marijuana in their respected states. Though they are the first to completely legalize the substance, other states, like California, have passed similar laws allowing for medicinal use. Despite the fact that these laws were passed by the voters of Colorado and Washington, the use, possession and distribution of marijuana is punishable by federal law. By allowing the law to go into affect, both states have changed the course of political and popular culture and violated principle concepts of the constitution and federalism. The legalization of Marijuana has also brought forth tensions that question American politics, the constitution and federalism. American political and popular culture has been defined by major events and influences in American history dating back to the 16th century. The influences of the Puritans, Thomas Pain, and John Locke are all deeply rooted within American politics. As a consequence of these impacts, tensions rose within political culture. The Puritans greatly believed in a sense of community, and therefore created a local self-government. However, both Locke and Paine viewed natural and individual rights were sacred, and not the community. In fact, Paine believed that the national government should be limited from individuality, and should solely represent popular opinion. These two opposite beliefs created...
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...the Constitution is a very important in our history. These documents were written to correct mistakes that were within the original document. This paper will cove why the amendments became part of the Constitution, what parts of the original documents motivated the adoption of the Bill of Rights, and finally what the effects of the Bill of Rights has had for us as a society. Amendments are revisions or improvements to the original document that was written in 1788. Amendments become part of the Constitution when mistakes are found or a revision is needed to the original. To have an amendment go through two thirds of the House and the Senate must be in approval of the proposal. They must then send it to their states for a vote. Once the proposal has been sent to the states and voted on, three fourths of those states must affirm the propose Amendment. Amendments can be updates on already existing regulations or they can also be improvements on existing regulations. It is a revision to what has already been written in the Constitution. Because the law states that a law that is made in the Constitution cannot be removed or taken out of the Constitution. The only way to change or improve that law is to modify it. Amendments are meant as a way to change the Constitution. The problem with the original document of the Bill of Rights was that Americans feared that it did not provide enough protection needed for American citizens and their rights. The original constitution was written...
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...lead to a court case, the lawyers for both the defendant and the complainant are allowed to interpret some laws that are oftentimes unclear and ambiguous in a manner that suit their arguments. The judges that presiding over the court cases are, thus, expected to have great discernment and an in-depth understanding of the US Constitution. This is so as to assess who, between the two lawyers, is right and, consequently, make a ruling that is as fair as possible. The Constitution of the United States of America is comprised of a set of legal decrees with different geneses. Some of the laws therein were passed by the American parliamentary body while others came to be as a result of the establishment by elected representatives in the different American states. In addition to these two sources of laws and constitutional interpretation, there are others that are also applied by judges. These include the natural law, the implications of alternate interpretations, as well as the text and structure of the American Constitution. As will be indicated in this paper, the manner by which the US Constitution is interpreted has undergone transformation over the years. This is a normal occurrence since public policies are always being altered, modified, changed or completely abandoned for fresh ones perceived to be more practical. The system, whereby the lawyers can interpret the various laws in a manner that will serve to help them win cases, has oftentimes been referred to as a ‘necessary evil...
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...From time to time, American courts, which are relatively isolated from foreign influence, consider “civilized standards” and “views that have been expressed by other nations” to support their decisions. Even though the search for solutions to domestic problems beyond national borders is still a novelty for the US judiciary, increasing communications between international and domestic law and the ongoing globalization of the latter require lawyers around the world to study foreign judicial practice and consider it when resolving domestic legal disputes. In recent years, several Supreme Court Justices of the U.S have looked to the decisions of foreign and international courts for guidance in interpreting the U.S. Constitution. This practice...
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...of government. Islamic countries mainly adopt Sharia law or Islamic legal system, for instance; Sharia law system is applied in Iran. Another example, in former ottoman, Islamic legal system was substantially implemented depending on Quran, Sunnah, ijma and ijtihad, but especially after the Tanzimat Edict in 1839, the Ottoman Empire gradually began to adopt European law (beginning of democratization); on the other hand, there is independence of the judicial system due to the separation of powers in democratic countries. Separation of powers is an indispensable part of the democratic countries. Separation of powers consists of legislative, executive and judiciary. Briefly, duty of legislative makes the laws. Duty of executive implements the laws. Another part of the separation of powers; judiciary makes trial depending on the law. Judiciary is the most important organ of the separation of powers, and independence of the judiciary is essential in democratic countries. What is independence of the judiciary? Independence of the judiciary is basically separately from the legislative and executive branches . So, what is the level of independent judgment in democratic countries? We will talk about the American legal and judicial system in this article. American legal system was adopted in 1789; it governs according to the constitution of the United States. All the rules of the legal system are established in the constitution such as the operation of courts, assignment of judges...
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...but there is sharing of command between the governments at national and state levels. The Federal association has members from diverse groups represented by their heads and leaders and are held together by a required covenant. (Wilson/Diiulio/Bose,2014) Before the political system was in place today, the colonies was later formed the United States have their own government and political system based on the traditions and culture of its citizens. Before the alliance, every state exercises its own command governed by laws unique to its citizens that may be not practically relevant to the other states (Bohm & Haley, 2007). The birth of United States as an integrated nation brought changes to the system. Federal government evolved following the creation and implementation of the United States Constitution. The state governments were not abolished with the conference that states will partially lose their sovereignty or independence. (Wilson/Diiulio/Bose,2014) American Federalism ever since then has been observed constitutionally conceding the national and state governments to apply their exclusive powers but also mandatory to share in other powers. For example, the power to print money, declare war, enter treaties with international government, and handle international affairs has been settled to the federal government (Longley, n.d.). The states could no longer run their own monetary system, declare war, or handle international activities beyond their granted power. The state...
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...1. Provide three (3) examples of how federalism has evolved from its origins to the American political system in place today Top of Form | | Bottom of Form 2. Examine three to five (3-5) factors that have allowed the concept of federalism to shape American political behavior 3. Discuss at least two (2) factors that illustrate how the relationship between the states and the U.S. federal government influences the creation of American policies overall 1. Provide three (3) examples of how federalism has evolved from its origins to the American political system in place today. Federalism defines a concept contrary to the federal government that takes all the authority of control. Federalism implies division of command among the levels of government. The central government does not take full control of the relationships of the nation but there is sharing of command between the governments at national and state levels. The Federal association has members from diverse groups represented by their heads and leaders and are held together by a required covenant. (Wilson, Diiulio andBose,2014) Before the political system was in place today, the colonies was later formed the United States have their own government and political system based on the traditions and culture of its citizens. Before the alliance, every state exercises its own command governed by laws unique to its citizens that may be not practically relevant to the other states (Bohm & Haley, 2007). The birth of United States...
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...Bill of Rights and Amendments Paper Jessica Ruiz HIS/301 April 4, 2013 Ryan Tarr Bill of Rights and Amendments Paper The Constitution is a fundamental law, which describes how a strong government should work (Zink, 2009). The Framers had stated that America’s Constitution was a vast contribution to the governments practice, and offered a new form of government to the United States. The United States Constitution is also known as the ultimate law, which was created by our founding fathers to establish a strong governmental structure, to meet the needs of the people in our nation. The Constitution was created to protect the rights of the people and their freedom by enforcing laws on the individuals who did in fact hold power on a political level. The vision of the Framers of an appropriate government for American’s was incorporated in the Constitution known as the Bill of Rights. Amendments becoming part of the Constitution In the Constitution Article V reads, that there are two ways for an amendment to become a part of the United States Constitution. The first way is with a two third vote in both houses of Congress the House of Representatives and the Senate. Today the most common used method of the amendment process is the first way by having the Representatives and Senate vote. The second way is a convention that has been set up by two thirds of the state’s legislatures followed by ratification for the amendment (Patterson, 2009). The ratification process is...
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...Rights and Amendments Bill of Rights and Amendments The United States Constitution was recognized to Americans as a vague statement in clarifying the privileges and the rights of individuals and centralizing the power within the government itself. With the passing of the Bill of Rights and the first ten amendments, it grants the people to what is said to be their “natural rights” following additional rights that have significantly changed our society. Amendments and Constitution According to the Constitution, an amendment may be proposed and be presented, where it is put to a two thirds majority vote in both the House of Representatives and the Senate. The original article is then forwarded for processing and publication to NARA's Office of the Federal Register (OFR) (U.S. Constitution, 2011). The OFR maintains the document until it is either adopted or a failed amendment, then it is transferred for protection to the National Archives. Soon after a proposed amendment is ratified by three-fourths of the states, it becomes a part of the Constitution. (U.S. Constitution, 2011) Not all proposed amendments are accepted and must meet certain constitutional purpose to be passed, for example: after the Declaration of Independence in 1776 and stating that “all men are created equal” the institutionalized system of servitude was a reason to pass to what is now the 13th Amendment of the Constitution and the abolition of slavery. This amendment provided that neither slavery nor...
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...years of the United States, one may analyze why Anti-Federalists were against the Constitution because the Constitution is the most important document of the United States. It was quite simple; there wasn’t a bill of rights drafted in the original copy. Without a bill of rights, the people would never be aware of their unalienable rights and the power and roles of their government. Patrick Henry said, “The liberties of a people never were, nor ever will be, secure when the transactions of their rulers may be concealed from them,” at the Convention of Virginia in June 1788. He was trying to convey a message that showed the importance of citizens having their rights listed, so the government would never be able...
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...about federalism and how it has evolved to the American political system that is currently in place today. Based on the concept of federalism, this paper will also describe how political behavior has been shaped throughout history. Lastly, it will describe how U.S. policies are influenced by the relationship between the states and the Federal government. Federalism is the division of authority between two or more governments. Many countries (roughly 25) follow this type of split government in order to provide checks and balances (aka “double security”) for the rights of the people. Federalism is very important because it prevents any one form of government from becoming too powerful. American Federalism is the division of authority between the national government and the states. The United States constitution defines the powers that each of these two governments has the right to enforce. The national government has the powers to print currency, declare war, establish military, manage international treaties, regulate national and international commerce, manage postal, and make laws to enforce the constitution. The state government has the power to establish local government, issue licenses, intrastate commerce, conduct elections, ratify amendments to the U.S. Constitution, public health/safety, exercise powers neither delegated to the national government or prohibited from the states by the U.S., and enforce the state constitution. Both governments have concurrent powers to setup...
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