...The US constitution is a codified and entrenched document that outlines how the government should be ran, what liberties it gives to the citizens of the USA as well as outlines key principles of living in the country. As it is a liberal constitution it outlines the rights of the people. It does that in the first 10 amendments that were passed four years after the actual constitutions was created by the founders. They are called the Bill of Rights. They outline the right of every citizen of freedom of speech, religion. Also the highly disputed right to bare arms as a part of the militia. As well as these, it also refers to different rights that are granted at the time of trial. Some of them are archaic, such as the third amendment that restricts billeting and was probably made to act in the time of Civil War. The constitution also puts restrictions on the government and how it should be managed. The separation of powers allows for the government to be separated into different groups. This allows them all to focus on one job only. This also act as a barrier so one group does not have all the power. They are separated into the Legislative, Executive and Judicial. The Legislative is in charge of making laws; the executive is in charge of enforcing the laws; the judicial decides on the punishments for those who break the law. Federalism is the idea of splitting political power between a large group and smaller groups. In the case of the united states, there is state government and...
Words: 538 - Pages: 3
...writing by Montesquieu in the 1750s, he proposed a constitutional government with three separate branches of government and all of the branches would have the ability to check the powers of the other branches. This had a big impact on the United States Constitution, where the Legislative , Executive and Judicial branches are kept under control by the other three branches to prevent abuse of power. Congress has the power to legislate in the United States and congress cannot delegate its lawmaking responsibilities to any other agency and there has been a number of supreme court cases in which congress has tried to delegate responsibilities to another branch of government such as the 1998 Clinton vs City of New York case. Congress also has the power to restrain the power of the executive in order to keep the executive in line and not have that branch abuse its power. The Executive power is in the power of the president and the president is “the Commander in Chief of the Army and Navy , Militia of several states when called into service” he has the power to make treaties and appointments “with advice and consent of the senate” receive ambassadors and public ministers and “take care that the laws be faithfully executed”, the constitution doesn’t need the president to enforce the law personally, the presidents subordinates can fulfil those duties instead. Congress although can by impeachment stop appointments to the executive and restrict the president. Even though potential laws are...
Words: 341 - Pages: 2
...American Government Test 1 1. Explain the three basic principles upon which the US constitution is based? The three basic principles which the U.S. Constitution is based on are federalism, separation of powers, and checks and balances. Federalism, or the federal system, is a method to divide the power of government between a strong national government and each of the states, with the national power being the most powerful. Separation of powers is basically a method of splitting up the power of government among the executive, legislative, and judicial branches. Checks and balances is a framework that gives each of the three branches some ability to oversee and control what the other branches do. 2. What were the principle weaknesses of the Articles of Confederation and what prompted the desire for change? The principle weaknesses of the Articles of Confederation were Congress not having specific power to tax, Congress not being allowed to regulate commerce among the states or with foreign nations, no provision for an executive branch or judicial system to handle the ongoing conflicts among the states, and its failure to provide for a strong, central government. Alexander Hamilton and George Washington saw the nation in such disrepair and were interested in land expansion and trade that they saw how much the country...
Words: 1025 - Pages: 5
...which we live in. I have found over 30 similar references throughout the Book of Mormon. 1. Explain that the Nephites and Jaredites were allowed to inherit this land under one condition: “he that doth possess it shall serve God or be swept off.” (Ether 2:10) a. Many understood this principle and headed the word of the Lord. Many did not. b. We learn from Mormon and Moroni of the great destruction of the Nephites because of their lack to obey the word of the Lord. (Moroni 9:19, part of 22-23) Our country in Modern days 1. God has again established this a choice nation a. People again have honored and dishonored our country 2. I would like to impress upon your minds the sacredness of our country. b. Speaking of the Constitution President Benson said: i. I want to pay tribute to those who laid the foundation of our Republic. I desire to bear testimony concerning one of the most vital principles that makes the work of the founders timeless and inspired. The framers of the Constitution were men raised up by God to establish this foundation of our government, for so the Lord has declared by revelation in these words: “I established the Constitution of this land, by the hands of wise men whom I raised up unto this very purpose, and redeemed the land by the shedding of blood.” (D&C 101:80) ii. How much blood has been spilt to preserve our freedom? 1. Approx: 825,000 soldiers killed. This does not include others...
Words: 1106 - Pages: 5
...Influences on the Constitution Table No Name HIS 301 August 1, 2013 Professor Documents that became part of the US Constitution Magna Carta A document originally written by barons in 1215 and called the Articles of the Barons, is later modified and a formal version of the document was written and became known as Magna Carta. According to "Magna Carta" (n.d.), “In the 17th century, however, two defining acts of English legislation–the Petition of Right (1628) and the Habeas Corpus Act (1679)–referred to Clause 39, which states that "no free man shall be… imprisoned or disseised [dispossessed]… except by the lawful judgment of his peers or by the law of the land." Clause 40 ("To no one will we sell, to no one will we deny or delay right or justice")” (The Document and Its Legacy). This document would have big implications for the future of the American legal system. A specific part of this document was influenced in part of an amendment and written into the Constitution of what is known to become the Fifth Amendment of the US Constitution. The document became the basis of a higher law that could not be altered, even by legislative acts. It embraced the leaders of the American Revolution and parts of it are embedded in the US Constitution and enforced by the Supreme Court. The part of which we referring to say, “Nor shall any person be deprived...
Words: 1819 - Pages: 8
...have a living Constitution and should we have a living Constitution? A living Constitution is one that changes with times; one that is continuously evolving and adapting to new ways of life and circumstances without being formally amended and changed. On one side of the argument, the answer to the question must be yes: a living Constitution seems like the only realistic option, as every generation faces different issues that must be politically dealt with in ways that are modern and efficient. Our Constitution, the document that was created around 230 years ago and currently resides under a glass bubble at the National Archives, can be amended and changed with the times, however, the amendment process is long, exhausting and most of the times unsuccessful....
Words: 1178 - Pages: 5
...Parliamentary sovereignty, once the dominant principle of the UK Constitution, is now under considerable pressure. Discuss this statement with reference to the UK’s membership of the EU, the devolution acts of 1998, the Human Rights Act 1998 and recent judicial comments on the Rule of Law. "Certainly we want to see Europe more united… but it must be in a way which preserves the different traditions, parliamentary powers, and sense of pride in one's own country." Margaret Thatcher Over the course of the years many prominent figures such as politicians and academic writers have been concerned with the diminishing of Parliamentary sovereignty. “Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Parliamentary sovereignty is the most important part of the UK constitution.” Historically, due to the lack of a single codified constitution in the UK, the Westminster Parliament is the most powerful and influencing factor on the British political frontier. As opposed to America where the constitution dominates US politics, and legislation can be deemed unconstitutional and revoked by the US judiciary. However, since further integration into Europe incorporating The European Communities Act 1972, The Human Rights Act 1998, European Conventions on Human Rights...
Words: 1911 - Pages: 8
...conflicts between two individuals which 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...
Words: 1473 - Pages: 6
...One of the basic principles of the English Constitution is the rule of law. This doctrine is accepted in the US and Indian Constitution. The entire basis of administrative law is the doctrine of the Law. Sir Edward Coke, Chief Justice in James I’s reign, was the originator of this concept. In a battle against the King, he maintained successfully that the King should be under God and the Law, and he established the supremacy of the law against the executive. Dicey developed this theory of Coke in his classic work. The Law and Constitution published in the year 1885. Rule of Law embodies the doctrine of supremacy of law. It is a basic and fundamental necessity for a disciplined and organized community. Rule of Law, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power...
Words: 794 - Pages: 4
...Basic principles and rules to which a state or regions governed is known as constitution. When these principles, rules and legal documents written down into a single comprehensive document, it is said to be a codified constitution. Constitutions are formulated in order to grant power to the government, so as the Government protect the natural rights of life, liberty, union, establishment of justice, defense and welfare of nation. However, in this essay we will discuss what the constitution says about; The Presidency, Judiciary, Commerce, Slavery and States Rights. A. The Presidency According to US Constitution, President shall have executive power is collective, administration and governmental affairs of states. The president shall hold...
Words: 640 - Pages: 3
...interpretations of the Constitution is the supreme law of the land is a very recent contention. There is a distinction between the Constitution and Constitutional law. The Constitution is the fundamental law, while Constitutional law is the body of law that resulted from the Supreme Court. After William Rehnquist and Antonin Scalia were sworn into their new offices, President Reagan closed his speech with a quote by Daniel Webster, “… Hold on to the Constitution of the United States of America and to the Republic for which it stands—what has happened once in 6,000 years may never happen again.” Which deems the constitution a stable document that does not sway as much as Constitutional Law. Hamilton, Jefferson, and all the Founding Fathers recognized that the Constitution is the supreme and ultimate expression of the will of the American people. The Supreme Court’s decisions are not supreme over the Constitution. The answers the Supreme Court gives are very important to the stability of the law so necessary for good government. Article VI of the Constitution, says that “The Constitution, and the laws of the United States made in pursuance thereof…shall be the supreme law of the land…” The Constitution created the three branches of government with limited powers to each. The notion of “judicial supremacy” is contrary to the framers’ understanding of the judicial role. The power of judicial review does not imply judicial supremacy. When the Constitution was written, many believed...
Words: 650 - Pages: 3
...heads. They knew they had to find a balance between Britain, which gave no power to the people, and the Articles of Confederation, which gave too much power to the people. Many principles of the Constitution were included because of negative past experiences with Britain and the Articles of Confederation. For example, the policy of Federalism was incorporated into the Constitution to balance the power between the central government and the states; Judicial Review was added to accommodate changing times as the Articles hadn’t allowed; The Bill of Rights was included to protect and ensure basic rights as Britain hadn’t....
Words: 594 - Pages: 3
...[Please do not circulate or cite without permission] Written Constitutions and Unwritten Constitutionalism Mark D. Walters Faculty of Law Queen’s University February 2007 To Be Published In: Grant Huscroft (ed.), Expounding the Constitution: Essays in Constitutional Theory (Cambridge University Press, forthcoming) I. Introduction Defending the idea of ‘unwritten law’ has never been easy. Jeremy Bentham thought the very expression to be a ‘paradoxical and unmeaning epithet’.[1] In his view, social reform required ‘fixed and accurate’ laws—laws that ‘[w]e see, we hear, we touch; in short we handle…’[2] This empirical concept of law follows from the ideal of law as something produced by conscious acts of sovereign will. Central to this concept are, to use H.L.A. Hart’s expression, ‘rules of change’ that permit societies to escape the confines of ‘primitive’ custom.[3] The progressive march of legal theory, it may be said, has been away from medieval notions of law as customs practiced time out of mind or as the immutable dictates of natural law, away from the fiction that judges discover rather than make law, and towards modern notions of law as creative political acts recorded in writing. In terms of constitutional law, this march leads to the idea of written constitutionalism, a destination that the rebelling American colonists are often said to have reached first.[4] It was a task especially ‘reserved’ to the American people, wrote...
Words: 14138 - Pages: 57
...The Constitutional process began with the Constitutional Convention, that was the gathering of delegates coming from 12 of the 13 states is called the Constitutional Convention. Those delegates were not representative of the American people. In fact, many of them were wealthy, property owners and well-educated. Even tough, they created a supreme law for all American citizens. They wanted a massive and general adhesion of the People in America to support the project. That’s why the US Constitution was only roughly a year after its creation. Citizens were given the time to debate the written Constitution. The Constitution became the law only when the People publicly agreed to ordain and establish it, only after nine states approved it, then the...
Words: 701 - Pages: 3
...THE OBJECTIVES OF RUKUN NEGARA THE PRINCIPLE OF RUKUN NEGARA CONCLUSION REFERENCE INTRODUCTION Even though most of the people in the country has heard of Rukun Negara, the understanding and the level of knowledge about it varies very much between each individual. Most of them only know about the existence of the Rukun Negara, while some are only able to repeat the principle. However, there are some who understand the meaning as well as the message and the demands of each principle. Rukun Negara should be taken as a guide in our day-to-day living because it is a set of “national tenets” that teaches us the right norms of behaviour. There are two types of dimensions of relationship involved wherever there is human interaction. These two relationships are relationship among fellow human beings and relationship with god. Both of these two dimensions of relationships are recognised by all religions and all profess doing the right things in life. The principles of Rukun Negara ideologise the level the level of authority that control and guide us from the level of god down to the state level, institutions level and finally the self level. The entire background of the ideology and the purpose for creating it must be clearly understood by an individual to internalise the spirits of Rukun Negara. Ideology means a scheme of ideas at the basic of a system. When we say that Rukun Negara is a national ideology it refers to the principles of “living policies” to be used as the...
Words: 1609 - Pages: 7
