...The Constitution The written document that established the National Government of the United States is known as the Articles of Confederation. Independence was declared from Great Britain for this document. They created it to set laws, to appoint taxes according to the population, grant one vote per state, and give rights to the federal government to dispose of the public lands in the west. The constitution was needed when there appeared to be a problem with the Articles of Confederation. The Constitutional convention was held in Philadelphia. It was from May to September of 1787. Of all the states 12 of the 13 delegates appeared at the convention. The only one not in attendance was Rhode Island. Some important people who attended the convention were George Washington, James Madison, Benjamin Franklin, Alexander Hamilton and George Mason. Each one of them had a very important role in the signing of the...
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...Jerry Coleman | Constitutional Law | Prof. James Kent | December 13, 2013 Jerry Coleman | Constitutional Law | Prof. James Kent | December 13, 2013 SHORT TITLE: FREEDOM OF SPEECH Freedom of Speech FIRST AMENDMENT PROTECTIONS Unit 2 Assignment Jerry Coleman LS305 Constitutional Law Prof. Judge J. Kent Kaplan University January 10, 2014 FREEDOM OF SPEECH FIRST AMENDMENT PROTECTIONS BY JERRY COLEMAN JANUARY 10, 2014 INDEX 1. COVER PAGE 2. TITLE PAGE 3. INDEX 4. PURPOSE 5. THEORY 6. FREEDOM OF SPEECH: UNALIENABLE RIGHT? 7. HISTORICAL PERSPECTIVE 8. CASE LAW 9. CURRENT LEGISLATION AND ITS EFFECT ON THE FIRST AMENDMENT 10. CONCLUSION’ 11. REFERENCES PURPOSE The purpose of this paper is to examine, limitedly, the incursion, by Congressional Acts, Judicial Interpretation via case law, and Executive Order of the First Amendment Protections of Free Speech of The Constitution of The United States. THEORY The Bill of Rights are the Foundation of the UNALIENABLE RIGHTS OF THE PEOPLE, in theory and original intent of the Framers, which neither the Federal Government nor the States may repose from the People. Neither shall the Judiciary. However, given to logical consideration, as applied by the Marshall Court, the Courts have Judicial Review Authority, rendering them, if not the best locale, definitely the most appropriate, for interpretation of the Rights thusly enumerated in The...
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...men, neither external nor internal controls on government would be necessary. -- James Madison[1] INTRODUCTION A written constitution is a reminder that governments can be unreasonable and unjust. By guaranteeing that "[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," the Second Amendment to the United States Constitution provides the citizens a means of protection against the unjust excesses of government.[2] The Framers placed this guarantee in the Bill of Rights because they considered the right to keep and bear arms peculiarly important and also uniquely vulnerable to infringement. The Amendment's command protects individuals against even popular conceptions of the public good. In addition to this protection within the United States Constitution,[3] the constitutions of forty-three states guarantee the right to keep and bear arms.[4] Despite the constitutional authority for this right, legislators and judges have consistently attempted to devalue it. Methods such as giving misleading labels to select firearms like "assault weapons"[5] or "Saturday Night Specials"[6] have been used to justify incremental disarmament.[7] American jurisprudence has deliberately devalued the right to keep and bear arms by disingenuously interpreting the right so as to effect a gradual change in American culture. To this end, for example, the Seventh Circuit has already upheld a civilian handgun...
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...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...
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...The Framers of the Constitution were delegates, and helped draft the Constitution of the United States. Boundless. “The Framers of the Constitution.” Boundless Political Science. Boundless, 26 May. 2016. Retrieved 25 Oct. 2016 from https://www.boundless.com/political- science/textbooks/boundless-political- science-textbook/the- constitution-and- the-founding- of- america-2/the- constitutional-convention- 25/the-framers- of-the- constitution-148- 7498/ The debates for this Constitution changing from the Articles of Confederation, took place from May through September 1787. One compromise that was needed to be made was about slavery, how they represented in comparison to taxation and representations. Another was to create a government to promote order, but not threaten people's rights. A debate took place if a president decides to make all the decisions, or if there should be a board of three. Www:Contitutionalfacts.com © Oak Hill Publishing...
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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...
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...Rufus King was a lawyer, politician, and diplomat. Rufus King is remembered for being one of the youngest delegates of the confederation congress,being the only delegate from massachusetts, and being one of the framers and signers of the U.S. Constitution. The constitutional convention was brought together to address the problems of the weak central government that existed under the Articles of Confederation. Rufus King was born in Scarborough Maine, and died in Jamaica, New York City, New York. King was raised in a rich family. King had four children their names were John King, James King, Charles King, and Edward King, he also had a wife named Mary Alsop King. King went to The Governor's Academy and Harvard College and completed his post-...
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...Bill of Rights and Amendments Bill of Rights and Amendments The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives...
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...communities, which come from a history of privilege. In addition, I am curious how students could be guided toward exploring these marginalized voices. One way that teachers could immerse students in this site would be to take an interactive virtual field trip to the site. Of course, while exploring activities, the activities must be standard aligned. An appropriate standard is: SS4H2. Analyze the challenges faced by the framers of the Constitution. The sub-standards are a. Identify the major leaders of the Constitutional Convention (James Madison, George Washington, and Benjamin Franklin). b. Evaluate the major issues debated at the Constitutional Convention: the weaknesses of the Articles of Confederation, the rights of states to govern themselves (federal system), the Great Compromise, and slavery (Three-Fifths Compromise). Teachers could explain that the Constitutional Convention took place in Independence Hall and that the Articles of Confederation were developed at Independence Hall. Students could write from the perspective of one of the framers of the Convention or they could write from the perspective of a marginalized individual, such as a woman or an enslaved person. This way students can explore alternative perspectives, which are often forgotten or ignored....
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...John P. Roche is a political scientist who argues that our founding fathers were democratic statesmen in which created a constitution that supports not only our nation but as well as the people. He says that the Philadelphia Convention where a nationalist reform caucus that created a compromise that was acceptable to the people and helped increase national interest. He also notes that under the articles of confederation the founding fathers where able to get every state to appoint delegates to Philadelphia, the central government under the articles were component states in which that the members of congress were chosen by state legislatures in all but Rhode Island, Connecticut, and New Hampshire. James Madison drafted the Virginia Plan in which consisted of a bicameral legislature. Each state would be represented by the number of inhabitants which means that states with a large population would have more representatives than smaller states. Smaller states opposed this plan and eventually proposed their own plan. The New Jersey plan proposed a single chamber in which each state, no matter what the population size is would have only one vote so that way it would be fair for smaller states. With these two plans both...
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... The Costitution A.K.A the "supreme law of the land," Is the most important Developement in American Constitutional thinking to take place during 1776-1787. The constitution was concerned in developeing a new way of government. In 1776 a constitution was not in place, And simply calling a document a constitution did not make it legally distinct from any ordinary legislation. A constitution is the body of rules in accordance with which the powers of a government are distributed and excersised. How did the U.S. come to have writen the constitution? There are three Charters that influenced this. Firstly, the influene of the colonial charters. Secondly, was the church covenants, and Thirdly the influence of english precedent, these developed a habit of drawing up constitutional documents for purpose of placing limitations on the king or the government.(Hutchinsons,2) The general court later wrote a new constitution to replace the Royal Charters. The general Court agreed to a convention, Which purpose was only to write a constitution. After the writing of the constitution a Convention was then set up to allow the people of Massachussetts to overlook this set up a two part process, Framing and ratification by the people that the writers of Constitution followed. The preamble was revised up until the last days of the convention. Instead of listing the people of the states individually, The final wording encripted the American people as "WE." This showed...
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...were the delegates representative of the American people? IN what ways were they not representative? • Should the topics being debated at the Philadelphia Convention have been reported to the public? Why or why not? • Explain the difference between equal representation and proportional representation. Which plan did the states with large populations support? Why? • What position would you take on the issue of equal and proportional representation if it were raised today? Why? • What important differences of opinion existed...
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...The Constitutional philosophy changed much through the years between the Revolution and the signing of the Constitution. Most of this was do to the historical events and writings going on at that time. I will explain how “Common Sense”, Preamble of the Declaration of Independence, State constitutions, The Articles of Confederation, and The Annapolis Convention affected the Constitution. The early philosophy of the American Constitution was to preserve and maintain the power of the individual states. They wanted to keep the possibility of a main power or tyranny very low. Thomas Paine’s “Common Sense” is what sparked the idea for a constitution and independence. It contained that there should be an elected President and national Congress,...
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...new way of living. One day they broke free from the British rule through a long hard fought war and seeked a better government. They than thought it was in their best interest to write about their new government down, so they wrote the Articles of Confederation. After they tested out their new style of government, they realized it was inefficient and not working well. They than needed a new government style, so they decided to hold the Constitutional Convention to provide written rules about a new government that would fix their...
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...The most important event in the creation of the United States government was the Philadelphia Convention in 1787, also known as the Constitutional Convention. At this event, delegates from every state except Georgia gathered in Philadelphia to discuss the topic of what should replace the Articles of Confederation. Of the plans suggested by delegates, the New Jersey Plan and the Virginia Plan were the most appealing to those at the convention. The Virginia Plan recommended proportional representation while the New Jersey Plan wanted equal representation. The United States government would be shaped in a completely different way today if the Framers had not put forth each of the two plans which formed the Great Compromise. The Virginia Plan was put forth by James Madison, who had been working on it for a while. He proposed that for the national government to be strong it should have more power than the states. Madison had the idea that Congress should...
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