...beyond recognition from the vision of the Founding Fathers.’ Discuss this view of the modern US constitution. In many ways, the US constitution has changed and shifted since its creation in 1787. It has changed, with power being put into the hands of bodies not specified in the constitution and certain constraints on power no longer existing. All in all, however, the constitution has maintained the very thing it was created for- to limit the power of the government and protect the people from tyranny of the executive. In this sense, the constitution is still very much embodying the vision of the founding fathers and is relatively unchanged given the lengthy period of time they have existed for. The powers of the president remain relatively unaltered and the intricate set of checks and balances established by the founding fathers remains pretty much the same. Several amendments to the constitution have happened more recently than the time of the Founding Fathers and these change the way in which the constitution can be seen as the same. During the presidency of Bill Clinton, there were 18 votes on proposed constitutional amendments, an unusually high number. All these votes occurred during the 6-year period when the Republicans controlled both Houses of Congress. The power of the executive has changed greatly since the creation of the Constitution. The President has taken on some powers not given to him by the Founding Fathers, giving him...
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...In the United Kingdom, we have a constitution that is uncodified and therefore not entrenched within our politics. Essentially, this makes it far easier to amend than a codified one and thus some groups have begun calling for such a constitution to be introduced. These groups cite the constitution in the USA, which forms the foundation of all political decisions; if a proposed law is found to go against the constitution, it is rejected. Supporters of a codified constitution for the UK say that this will give citizens inalienable rights which cannot easily be manipulated or even overturned by the government. A constitution is based around a general consensus of what people should be able to do or not do. Constitutional agreement forms the foundations of the concept of a rule of law. In the USA, their written constitution means that the relationship between citizens and the law is clearly defined. If a constitutional law is violated, there can be no debate over it. This means that the law has more authority in the land. However, in the UK, there is not one legal standard of our constitution and thus whether or not it was violated can be questioned. This can potentially lead to a moving of the goalposts – if the constitution is not entrenched, it is easy to change. Therefore it is impossible to hold everyone to the same standard even though the rule of law states that everyone is bound by it, because the government can essentially do what it likes in terms of manipulating or...
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...explain how a codified constitution differs from an uncodified one. (10 marks) A constitution is a set of rules that seek to establish the duties, powers and functions of the various institutions of government. A codified constitution is one which the major principles underpinning the political system are collected in a single authorative document. On the other hand uncodified constitution has no single source for these values rather, they are found in a number of places. The UK is an example of an uncodified constitution whereas the USA is a representation of codified. In this essay I will address how each form differs from the other. In a codified constitution, the document itself is authorative in the sense that it establishes “higher law”. This type of constitution binds all political institutions, including those that make ordinary law. The provisions of the constitution are also known to be entrenched. This means that it is difficult to amend, make changes or abolish. Conversely, uncodified constitution is in no sense authoritive, its laws enjoy the same status as conventional laws. Unlike a codified constitution, it is not entrenched – this allows flexibility and means that the constitution can be changed through the normal process of enacting statute law. As well as this, a codified constitution often states the rights of the country’s citizens so there is a degree of clarity and something in which the people can identify with. Whereas an uncodified constitution can...
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...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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...States Constitution prescribes basic structure of American government, giving the government both its strength and its weakness. The legislative branch has a House of Representatives, whose members are elected from districts within each state apportioned by population for two year terms. In Senate, each state has two Senators, with six year terms, one third elected every two years. Article I, section 8 lists the subjects of legislation, empowering Congress to make all laws. Article II gives executive power to the President, to carry out the laws Congress adopts; Article III vests judicial power in the federal courts. This Article has been construed to empower the courts to decide if an action the other branches comport with the Constitution. The strength of this government lies in the separation of powers vertically, the Constitution recognizes the states. It creates the federal government, but by the Ninth Amendment, powers beyond those given the federal government are reserved to the States. (U.S. Const. amend. VIII).Within the federal government, a uniformly apportioned Senate means large states cannot dominate smaller ones. In the House, votes are apportioned by population. Requiring assent of both Houses, the legislative process tends to deliberation and compromise rather than domination by any one element. Another strength of the House of Representatives lies in its constitutional authority to originate spending bills. Article I, Section VII of the Constitution states:...
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...the introduction of a fully codified constitution’ Discuss Plan Arguments against * Ruins the doctrine of sovereignty-Parliament sovereignty is effectively beaten. * Judges have to police the constitution and effectively interpreted. – Threat of judicial tyranny. Codified constitutions cannot be interpreted by the public so the judges would have to interpret it which could bring out preferences and values of senior judges * Un-necessary- doesn’t Philly limit governments * Hard to change * Easily outdated * Legal documents created at one point of time rather than a document which has been endorsed by history and created over time Arguments for * Clear rules * One codified document * Limited government * Neutral interpretation * Protecting rights of individual liberty * Education value – highlight certain values and strengthen citizenship Introduction The argument of a codified constitution has been a debated subject for a long time within the UK political spectrum. The argument stands at present moment that if the UK should or should not implement a codified constitution. Both sides of the argument withstand staggering evidence both in favour and factors denouncing the idea being drawn at the same time. The fact of a codified constitution would invoke a greater judicial intervention within the UK – maybe even put the state under risk of judicial tyranny. On codified constitution we have at the moment, have a scattered...
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...Government & Politics Unit 2 * Constitution * Codified Constitution ✓ * Advantages & Disadvantages * Features * Uncodified Constitution ✓ * Advantages & Disadvantages * Features * Is Parliament Sovereign? ✓ * Arguments For and Against * Strengths and Weaknesses of the UK’s constitution ✓ * Constitutional Reforms – Coalition and 1997-2010 ✓ * What are they? * Are they effective? * PM & Cabinet * Features & Functions of the PM ✓ * What must a politician be to becoming PM * What can a PM do? * Functions of Cabinet ✓ * Factors that affect promotion and resignation of a minister ✓ * Powers and Constraints of PM ✓ * Theories of Executive Power ✓ * PM V Cabinet ✓ * Parliament * Functions of Parliament ✓ * What are they? * How effective are they? * Powers of Parliament ✓ * What are they? * How effective are they? * Parliamentary Reform ✓ * What are they? * How effective are they? * Relationship between Parliament and Government ✓ * Factors that affect it * How the coalition affects it Constitution: 2 Types of Constitution * Codified & Uncodified Codified Constitution * Constitution where the rules are written down in a single document. Example could be the USA...
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...As opposed to other legislative systems that utilize a king or other executive body as the primary decision maker, America is governed, essentially, by its people. The people themselves can approve laws and taxes via referendum. Through voting, they have the ability to change the governing documents and leaders of the land. This was enacted to prevent a government from ruling the people from afar and ensured citizens would always have a voice in how they were ruled. This also stands as a check against a tyrannical government. Should the government openly engage in oppressive behaviors, they will have to answer to voters and can be removed from office if their actions are unpopular. The power and voice of the people are a roadblock between freedom and...
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... | | |College of Humanities | | |HIS/301 Version 6 | | |U.S. Constitution | Copyright © 2012, 2010, 2008, 2006, 2005, 2004, 2003, 2002, 2000, 1997, 1994 by University of Phoenix. All rights reserved. Course Description This course is an introduction to the historical, political, philosophical, and economic roots of the U.S. Constitution. It first reviews the philosophical arguments of the Federalists and the Anti-Federalists, those that supported and opposed ratification of the Constitution. The course then examines milestone Supreme Court decisions and the Court’s evolving interpretations of the Constitution. This course focuses on the first ten amendments of the Constitution, known as the Bill of Rights, and the issues of slavery and civil rights as seen through major court decisions. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document...
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...History of the Treaty of Constitution for Europe – TCE: The establishment of a Treaty of Constitution for Europe (TCE) was a treaty attempting to create a solid constitution for the European Union that was unratified. The ideia was replace the current European Union treaties with a Constitution text, with legal force to the Charter of Fundamental Rights and expand Qualified Majority Voting into policy areas. The Treaty was actually signed on October 2004 by representatives of 25 member states and was later ratified by 18 member states. Spain and Luxembourg made referendums that approved the measure. As a consequence of the rejection of the project by France and Netherlands referendums the ratification process was ended. The Lisbon Treaty, that entered into force on 2009, replaced the Constitutional Treaty after some period. A lot of changes that were in the Constitutional text were add in the existing treaties as amendments. Inicial steps: The new debates on the future of Europe bagan at the Laeken European Council 2001, when former French President proposed to draft a Constitution. A European Convention was founded, chaired by the same former French President Valéry Giscard d'Estaing and composed of two Members of Parliament (generally one from the governing majority and one from the opposition) of each Member State, 16 MEPs, 2 members of the European Commission and a representative from each government. Then, the President of the European Commission backed...
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...rule of law 1. constitutionalism a. Constitution without constitutionalism? Keith E Whittington, constitutionalism [5] * Constitutionalism = the constraining of government in order to better effectuate the fundamental principles of the political regime. i.e. A system of effective restrains on governmental action. * Constitution (often) = the written document that formalizes the framework of government * => Constitutionalism should be distinguished from the mere possession of a constitution * Written constitutions may provide few effective constraints on government or may be ignored, and governments may be effectively constrained w/o a written constitution (e.g. Britain) * Constitutionalism often (does not mean it necessarily equals to) associated specifically with liberalism, protection of individual rights against the state. * => constitutional state identified not by possession of a constitution but by its effective protection of individual rights. * (but individual rights only one set of fundamental principles that might impose meaningful limits on power of the state) * Constitutionalism also used to constrain power holders to care for the common weal or adhere to particular conceptions of national identity or religious law * 3-fold classification of province of constitutionalism * Normative Constitutionalism (most touched-on area) * Concerned with problem of how to reconcile constitutionalism and democracy ...
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...Historical Essay: Confederation and Constitution By History 405 Professor Aimee James January 26th, 2015 Historical Essay: Confederation and Constitution Confederation and Constitution As Colonial America moved from civil disobedience to open war with Britain, the States, at the behest of the Colonial Congress, started drafting constitutions and in the process “became laboratories for constitutional experimentation” ( Keene 120). The need to ensure a strong union and to ensure that it was strong enough to deal with both internal and external issues drove the colonies to send delegates to Albany to draft the Articles of Confederation. Ratified in 1781, the Articles of Confederation framed a new United States of America. The Articles of Confederation did not create a national government, “but rather a firm league of friendship” (Keene 121). Ultimately a fear of recreating the issues that were driving them from British rule shaped the Articles of Confederation and created a weak government with little power. It setup a national legislature called Congress where each state had one vote. It had no power to levy taxes, regulate commerce or otherwise interfere with the States. It could create money and declare war or peace. Notably any changes or amendments required a unanimous vote of Congress and “because of its weaknesses, Alexander Hamilton and other delegates called for a convention to be held in Philadelphia to improve and amend the Articles” (Articles of confederation...
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...Constitution What is a constitution? • Set of rules seeking to establishing the duties, powers and functions of the various institutions of government • To regulate the relationships between and among the institutions • Define the relationship between the state and the individual, define extent of civil liberty Types of Constitution • Codified and uncodified o Codified – enshrined in law and based on 1 single authoritative document outlining powers of institutions + government, as well as a statement of the rights of citizen’s ▪ Document is authoritative, highest law of the land. Binds all political institutions – leads to 2 tier legal system ▪ Provisions of it are entrenched, difficult to amend or abolish ▪ It is judiciable, all political bodies are subject to authority of the courts, in particular a supreme court. o Uncodified – increasingly rare, UK one of few ▪ Not authoritative, constitutional laws treated same as ordinary laws ▪ Not entrenched, constitution can be changed through the normal process for enacting statute law. ▪ Not judiciable, judges do not have legal standard to declare that actions of other bodies are constitutional/not constitutional. o However: ▪ No constitution is entirely written, written documents do not encompass all aspects of constitutional practice ▪ No constitution...
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...white papers to restore the constitution white papers Restore. Protect. Expand. Amend the War Powers Resolution Center for Constitutional Rights The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change. CCR uses litigation proactively to empower poor communities and communities of color; to guarantee the rights of those with the fewest protections and least access to legal resources; and to train the next generation of civil and human rights attorneys. Formed in order to work hand in hand with people’s movements, CCR has lent its expertise and support to a wide range of movements for social justice. We strive to complete the unfinished civil rights movement through targeting racial profiling and other modern-day manifestations of racial and economic oppression and through combating discrimination that is based on gender or sexuality and struggling against government abuse of power. For decades, CCR has pushed U.S. courts to recognize international human rights and humanitarian protections – and we have had groundbreaking victories that established the principle of universal jurisdiction in this country and extended human rights standards...
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...government, then the people have the right to overthrow it. The third part of the document is a list of grievances against King George III, who was singled out to represent the actions of the British government. These grievances are examples of actions that violated the criteria for good government stated in the second part of the Declaration of Independence. These grievances, therefore, justify separation from the King's bad government and establishment of a good government to replace it. The fourth and final part of the document is an unqualified assertion of sovereignty by the United States of America. It proclaims the determination of Americans to defend and maintain their independence and rights. The Six Basic Principles of the U.S. Constitution are: 1. Popular Sovereignty- The People are the legitimate and final source of Government Authority 2. Limited Government- Government may only do what the people have directed it to do 3.Separation of Powers- The division of government power among three equal branches: Legislative-...
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