...In 1787, the framers signed the Constitution “in Order to form a more perfect Union” (US Const. Preamble). They intended to establish a central government without granting it too much power. To ensure that, the framers both, limited and empowered the government in certain ar- eas. But since the original seven articles of the Constitution are over 200 years old, the framers could not foresee the expansion of the government’s power that has happened until the present day. With the “war on terror” being one of the governments priorities, questions arise if the gov- ernment has become too powerful, especially with regard to practicing surveillance. This essay aims to analyse the limits and powers given to the government by the framers in the seven Arti- cles of the Constitution, and finally apply these Articles to the government’s practice of sur- veillance today. The most essential points limiting the government’s power is the separation of power and the system of checks and balances. The federal government itself consists of three branches, the legislative, executive, and judicial branch; in other words, Congress, the President, and the Supreme Court. The power is divided between these three branches in order to keep any of them from becoming too powerful. Thus, the framers intended to prevent a corruption of power and tyranny over the states by imposing controls on each branch. The legislative branch, for in- stance, is kept in check by the President, who has the power to veto...
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... Essay #1 10/31/14 Since the American Revolution and the creation of a new nation under a written Constitution, the Framers of the United States had a vision of a republic that shared the balance of governance within a three branch system; each designed to organize a balance of power whereby Constitutional division of powers provide each branch the means to frustrate the goals favored by a single branch; in an attempt to promote interbranch cooperation. The Framers had extreme distrust in a large national government and especially in the case of executive power due to the events that led to the Revolutionary War. However, by the time the Constitutional Convention, most of the Framers were convinced of the need for a strong and independent executive at the national level. They also took steps to ensure the executive position could act with the necessary decisiveness and dispatch, most importantly the President was granted extensive powers, primarily the enumerated powers found in Article II of the Constitution. Despite the absence of a written provision of separation of powers in the Constitution, the Framers believed the principle to be implicit within the structure of government under the document. As John Marshall stated the framers sought to create a Constitution “intended to endure for ages to come and consequently to be adapted to the various crises of human affairs”. The ideas within the Constitution are seemingly...
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...How the Constitution Guards against Tyranny The United States of America learned from Great Britain’s government and used what they had learned to create the government that the United States has today. After the Thirteen colonies broke away from Great Britain, they needed a plan of government so, they made a document entitled the Articles of Confederation. The Articles of Confederation worked like a constitution would and it worked very well until the framers of our now Constitution realized that The Articles of Confederation would never work to suit the needs of the new blossoming country. Upon this realization, they made a whole new plan of government called The Constitution which protected the people’s rights, set out the rules of the government, and most importantly protected all the citizens from an abusive government otherwise know as a tyrant....
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...Political power is the ability to influence others, bring about meaningful change, win the support of the public, and have a lasting impact on people's lives. At the beginning of the creation of the constitution, our Founding Father's objectives were to establish a federal government, and to outline an equal distribution of powers within our government. This was implemented by creating three branches of government that had to coincide with each other in order to function. Although each branch has its own powers, duties, and responsibilities that influence how the government works, the executive branch has become more and more powerful over the years. In this essay, I will discuss the framers intended relationship between the legislative, executive, and judicial branches and I will argue how the executive branch wields the most power among the three branches of government. Our system of government was set up to have three branches of government: the executive branch which executes the laws, the legislative branch which creates the laws and finally the judicial branch which interprets the laws. The constitution states their powers and their checks on one another so that no branch would have more power than the other two, because of this, the framers of the Constitution set up a system of checks and balances. Under this system, each branch has the ability to stop the other two branches from gaining too much power. For example, one way the executive branch/president is able to check...
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...Banneker Revision Essay Begin essay here. In 1791, Benjamin Banneker, a farmer, astronomer, mathematician, surveyor, author, and son of former slaves wrote to the secretary of state to George Washington and framer of the declaration of independence, Thomas Jefferson. In the letter, Banneker uses forms of ethos to appeal to Jefferson on the immorality of slavery. As the framer of the declaration, Jefferson has had a first hand look at the injustices that the British were holding the American’s to. Banneker uses this as a way to appeal to the reader by showing signs of hypocrisy. In the declaration of independence it states that all men are created equal; and to contradict Jefferson, Banneker states, “we hold these truths to be self evident,...
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...Habeas Corpus: Then and Now. Chasing Freedom Down the Rabbit Hole Robert W. Echols AIU Online ENGL106-1201B-226 English Composition Abstract Habeas Corpus is one of the fundamental protections guaranteed to Americans by the Constitution of the United States of America. This essay will describe the original intent of the writ, the transformations the writ has undergone, and the modern-day implementation of The Great Writ of Habeas Corpus. The essay will also explore how dangerous the practice of denial of this right can be to the freedom against unlawful detainment of people subject to United States civil and criminal law. Habeas Corpus: Then and Now. Chasing Freedom Down the Rabbit Hole Freedom. What an indescribable term. Is it merely a feeling or is it something more tangible? False Imprisonment. Now that is something more noticeable. The Great Writ of Habeus Corpus has been part of the judicial system since the Magna Carta! It is this writer's intent to show the reader how Habeas Corpus has been incorporated into the United States of America's Constitution and how it has changed since being written into law by the implementation of the Habeas Corpus Act of 1679; Interesting usage of Habeas Corpus will be explored throughout the reader's journey down the rabbit hole. The phrase “Habeas Corpus” is an ancient common law prerogative instrument dating back to the Magna Carta. Though not specifically written in this great charter, Habeas Corpus is implied by...
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...Mera Feygin POLSC 110, Section 4 First Exam, Question 1 Framing the Constitution The framers of the constitution wrote the document with a set of goals in mind. They sought to increase the power of the central government while simultaneously trying to separate and control and limit power. They also wanted to limit popular influence while allowing popular sovereignty. Through a long process of conventions, amendments, and later some ratifications, the framers mostly succeeded, and although changes have been made, the main ideas constructed in the constitution are used to this day. The ideas written in the constitution were greatly influenced by philosophers and enlightenment thinkers. Popular sovereignty, the principle that the government is run by the people through representatives that they elect and may later revoke, was first introduced by English philosopher John Locke, and influential political theorist. Sir Isaac Newton, an English physicist, introduced...
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...The failure of the Articles of Confederation resulting in international weakness and domestic economic turmoil made the “Second Founding” necessary. Thus the framers sought to create a powerful national government but also sets limitations such as the separation of powers, federalism and included a Bill of Rights to guard against the possible misuse of that power. Therefore, the Constitution was more of a voice for the federal government as it established and executive which was the “energy” of the national government. Furthermore, it gave the national government the power to tax and regulate interstate commerce. Finally, a supremacy clause was added to Article VI of the Constitution. Therefore, the Constitution vested certain specific powers...
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...Essay on Federalism Your Name School/College/Course Name INTRODUCTION TO FEDERALISM : The Tenth Amendment to the Constitution (ratified in 1971) states the basic principle of the system of Federalism in America, saying "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” (Hayes). Federalism is thus a system wherein a written constitution bestows powers to a central government and regional or sub-divisional governments. Both types of governments retain a significant amount of authority, being autonomous in nature and possessing the power to act directly upon the people through their officials and laws. Power sharing is done by granting delegated powers, concurrent powers and reserved powers to the national government, national and state governments, and state governments respectively. For instance, determination of foreign policy, power to make treaties and declare wars, control imports and exports, and printing money is done by the federal government. On the other hand, state and federal governments share responsibilities such as taxation, business regulation, environmental protection, and civil rights. At the Constitutional Convention of 1788, the Federalists and the Anti-Federalists were undecided on which style of government would suit America best. They debated over the actual scope of national authority versus the protections of individual rights. While...
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...Democratic is the American Constitution Summary Robert Dahl explains in the beginning of the book that he is not proposing changes in the American Constitution, but suggests changes in the way we think about our constitution. In this essay, I will explain the history of this American constitution, what Dahl suggests about the American Constitution, and my opinion about this book. In the history of the United States, there are two factors that mark its constitutional history. For one thing, the rights of citizens were organized through limits to power, linked to a libertarian conception of liberal viewpoint. For another, the original structure of the constitution is influenced by the fear of the "framers" to a popular majority government could oppress the rights acquired as Alexis de Tocqueville considered that the democratic government incorporated elements that endure to this undemocratic, preventing the formation of compromise. The result of this misunderstanding between democracy and fundamental rights did not allow equality. The author acknowledges the obstacles to achieving political equality are related to institutional distortion and sacred morals of citizenship to the constitutional system, which increase the distortion and hope, are two obstacles to any reform. The focus of their criticism revolves around the unequal representation in the Senate. The tension between the need and right to get over representation by small states in the original constitution, were used to increase...
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...Bill of Rights and Amendment Paper The US Constitution is a living document which was designed to be ratified when needed due to a changing society, or unfair legal practices that overstep human and or civil rights. Article Five of the Constitution made way for amendments such as the Bill of Rights, amendments thirteen through fifteen, among so many others that have made the United States the place it is today. An amendment to the Constitution is a change that can be added to the Constitution or a change to an older part. Amendments are necessary due to changing a society and or some parts of government over steps its boundaries, unless prohibited by the Constitution the overstepping could happen again. There are two ways to amend the Constitution, The first being to get a bill passed by both the house and the senate with at two thirds majority in each. If passed it then has to go to the states. The second way which has never been used is for a constitutional convention to be called by two thirds of the legislatures of the States, and then the amendment has to be sent to the States with approval from three fourths of convention or legislatures. This process was put into the constitution by the framers. According to the “US Constitution” (The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for...
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...The United States Constitution By: Toby Glavin This essay is going to be based on the United States constitution; I am mostly going to be talking about the second amendment. The Second Amendment to the Constitution of the United States of America asserts, “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” At the time when this amendment was passed, the country was still primarily an agrarian and hunting society; guns were a household item, and necessary for daily life. The armed farmer was the principal soldier in the revolution to establish an independent country. The framers of the Constitution understood that these gun-wielding countrymen were essential to the revolution, and wanted to insure the people would never be defenseless. In recent decades, with the waning practical application of guns in an industrialized nation, the Second Amendment has come under much fire. Living in a technologically advanced country, United States citizens no longer have a need for guns in their everyday lives and, therefore, many Americans have grown up in gun-less homes. The recent rash of violence across the country has shown that the ideals of modern American society have gone awry. Many are quick to blame guns as the reason for this violence. Actually, the problem is not the possession of guns; Americans have had them for over 200 years. Instead, the demise of the morals of society and the...
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...The Antifederalist were not for the ratification of the constitution. They believed that the government could be easily corrupted. They were big believer of restraining government power. They were against the federalist papers because they had a lack of protection for individual freedoms. They wrote their own essays such as the “Centinel” against the federalist papers and it was to warn about the danger from tyranny. Samuel Bryan, the author of the letters of centinel, wrote: ‘Without presuming upon my own judgment, I cannot think in an unwarrantable presumption to offer my private opinion, and call upon others for their’s…” The Centinel purpose was to include a bill of rights in the new constitution and to adopt those rights. The Antifederalist achieve their goal and the federalists compromise with the bill of rights added to the Constitution. Many people say that the first amendment would not be here without the “intent of the Framers.”. But they did not adopt the first amendment. The Anti-federalist was still scared because the constitution did not really guarantee that the government could take people’s right to worship away. For example, the first amendment does not say that freedoms of speech or press shall not curtail, it only prevents...
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...document I chose to write about is the United States Constitution. When the thirteen British colonies in North America declared their independence in 1776, they laid down that “governments are instituted among Men, deriving their just powers from the consent of the governed.” The “colonies” had to establish a government, which would be the framework for the United States. The purpose of a written constitution is to define and therefore more specifically limit government powers. After the Articles of Confederation failed to work in the 13 colonies, the U.S. Constitution was created in 1787. The Constitution is important because it was expressly designed to limit powers into three co-ordinate branches, the legislative, executive, and judiciary branch; none of which was to have supremacy over the others. This separation of powers with the checks and balances which each branch was given over the others was designed to prevent any branch, from infringing individual liberties safeguarded by the Constitution. I think the U.S. Constitution was a way for the U.S. to establish government which was a negotiation between the two former governments, a monarchy and total state power. I think by creating the checks and balances, people’s rights would be safer and they would feel more secure not having one branch of government with absolute power. What I found most interesting about the Constitution was how complex and detailed the framers made it, to effectively explain and limit the individual...
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...UNIT 1 Answer Key CHAPTER 1 CHAPTER 1 Section 1 Prereading and Vocabulary 2 Reading Comprehension 3 1. 2. 3. 4. 5. 6. oligarchy citizen democracy constitution state two basic levels; certain decisions; only the federal government; each of the states Federalism is a system of government in which power is divided between a central government and several regional, or state, governments. 1. Population; the people who live within the boundaries of the state 2. Territory; land with known and recognized boundaries 3. Sovereignty; the supreme and absolute power within a state’s territory to decide its own foreign and domestic policies 4. Government; the institution through which society makes and enforces public policies 5. Force theory; the state was born of force, when one person or a small group gained control over people in an area and forced them to submit to that person’s or group’s rule. 6. Evolutionary theory; the state evolved from early families that united to form clans. Later, clans united to form tribes. As tribes settled into agricultural groups over time, they formed states. 7. Divine right theory; God created the state and gave a chosen few the right to rule. 8. Social contract theory; people voluntarily agreed to create a state and give to the government just enough power to promote the safety and well-being of all. Government exists to serve the will of the people, and the people are the sole source of political...
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