...Toree Burden 08/09/2015 His/110 The Constitution of the United States of America The Constitution of the United States is the supreme law of America. It consists of seven articles all created to make sure each member in the court of law is being honest and it states what their exact job in the courtroom is. They are expected to follow these exact laws as they are written from how many congressmen are elected per state down to how they would be elected. The Constitution is the oldest and the shortest written constitution in the entire world. In creating the Constitution, the states were both defensive and understanding. Although the document provided rights that were very much needed to the American citizens of this world it pointed out all of the problems That were wrong with our country. The United States of America has been ran under two different constitutions, the first being the Articles of Confederation. With the way the Articles of Confederation was created the Constitution was very much needed. The Articles of Confederation was put in effect on March 1, 1781 due to the Continental congress who were acting on behalf of the Americans which they had no right to do. Not too long after came the Constitution which has been in place since June 21, 1788. The Constitution was developed in order to replace the Articles of Confederation and fix a few issues the founding fathers found needed to be corrected over the short time it was...
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...The Creation of the United States Constitution In 1787 Americans were finally through the revolution and officially independent from England. The need for change to unite and strengthen the new nation was apparent. Though there were many varying opinions of what that change would be, it was unanimous that the Articles of Confederation had to be revised. After the revolution the country’s great minds called a convention, debated over what this new government would be, and in the end ratified a document that would forever be the backbone of the United States. There were many reasons revolving around the decision to hold a convention to revise the Articles of Confederation. In the aftermath of the Revolutionary War the new country was in shambles. The economy was in trouble because of the enormous debt they had collected during war, and under the Articles of Confederation it was nearly impossible for the federal government to collect taxes from the states because the states had more power than the federal government. “Congress was attempting to function with a depleted treasury; paper money was flooding the country, created extraordinary inflation…” (Constitution of the United States- A History). The weakening economy had an especially adverse effect on small farmers, some were being thrown in jail for their unpaid debts and others were getting their land seized from them. Shay’s rebellion in 1786, where farmers tried to fight back against the government, was a grim reminded...
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...Role of the United States Constitution Paper Thomas Hofmeister University Of Phoenix BUS 415 David Cory June 9, 2009 Role of the United States Constitution Paper The Constitution of the United States and their legal system has impacted the guidance and operation of all types of businesses. For example, if an individual breaks the law, he or she maybe ordered to pay a fine and in some cases be imprisoned. The same thing happens if a business breaks the law. The only difference between an individual breaking the law and a business breaking the law is the company can also be taken over by the federal government for tax evasion and even be closed down. The company has the responsibility to hire legalized employess to be able to work for the. According to (Justia, 2005), “The United States Constitution and the United States legal system play a significant role in business regulation. The laws under these elements provide successful operations of business and society. They provide a standards and expectations while giving us a guideline for our business conduct and a means for settling disputes within corporations. In addition it enhances free competition and personal freedom. Without these laws that govern businesses and people, society would not function efficiently and commerce would likely disintegrate. Although the laws appear to be simple, the United States Legal system is incredibly intricate. The laws are a collection of different types. It can include common law...
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...The Writing of The United States Constitution The Articles of Confederation were drafted in 1777 by a committee appointed by the Continental Congress, led by John Dickinson of Delaware, and ratified by the states in 1781. They were written to provide a general government for the thirteen states. The writers of the Articles of Confederation drafted this document during a time of war with Britain. The colonies feared having a centralized power in their government so most of the powers were placed in the hands of the individual states. Most important was Article II which reads “Each state retains its sovereignty, freedom, and independence, and every Power, Jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.” (Mount, Articles of Confederation) So even though Article I reads The Stile of this Confederacy shall be "The United States of America” (Mount) the states were not united for each would govern themselves and instead a “league of friendship” was formed between the states. The national government was given some powers by the Articles of the Confederacy but it had no authority to enforce these powers. The Confederation Congress could declare war and make treaties but without an army and no ability to levy taxes Congress had to depend on the states to provide the men and the means to declare war. Each state had the right to coin money and to regulate commerce. Each state, no matter their size or population...
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...Principles and Articles of the United States Constitution Tammie Johnson Grand Canyon University: POS 301 June 19, 2013 Principles and Articles of the United States Constitution Principles of the Constitution | Self-Government | The principle where the people are the decisive source of governing authority and decisions are made based on majority rules (Patterson, 2011). | Separation of Powers | The principle used for the allocation of power among the legislative, executive, and the judicial branches that outline the responsibilities of each branch. | Checks and Balances | A system of the government used to preserve a balance of power among the three branches of government so no one branch can over-power the other two. | In the United States, the federal government uses a system called checks and balances to ensure that the three branches of government are working equally and that no one branch becomes superior over the other two. The three branches that are based on the principle of separated institutions sharing power are the legislative, executive and judicial. Each branch has powers that it can use to check and balance the operations and power of the other two branches (Kelly, 2013, para. 1). What makes this system effective is that each branch must be willing to compromise to ensure the American people needs are put first and the safety and security of the nation is constantly being enforced. For instance in an attempt to limit the power that each branch...
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...The United states constitution overcame the weakness of the Articles of Confederation and provided for the organization of the new government. In the 1700’s, in the thirteen original colonies, the Americans won the Revolutionary war, and they decided they needed a government. The Articles of Confederation is what the continental congress made a plan for as a whole. The constitutional convention was ran by the legislature which caused the great compromises. The constitution was written by delegates and each state had to hold a convention to approve of the constitution but not everyone agreed about the constitution and that it should be ratified. In the late 1700’s the thirteen original colonies needed a government so they came up with the articles...
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...On November 15, 1777 the Articles of confederation was adopted has the first United States constitution. First of all the Articles of the confederation was the most significant article to be written because it helped guide us on how to write the declaration of independence. The articles helped us to see what our weakness would be and our strengths partially by the crown. For one thing the articles provide a system for the continental congress to direct the American Revolution war. To deal with the conduct with Europe and to deal with the Native American relations. On the other hand the weakness of the government created by the articles became a matter of concern. On March 4, 1789 the general government was replaced with the United States...
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...We the people, three simple words that hold up an entire country. The Constitution of the United States was ratified in 1787. Split up into three distinct parts, this document setup a way of governing that the United States government has followed for the past 230 years. The three parts of the Constitution include the preamble, the articles, and the Bill of Rights. The most important of these being the preamble, for it gives a promise to the one thing America needs to keep going, its people. The framers of the Constitution included this promise to ensure America’s future. Unfortunately, the government has failed to keep this promise that has been 230 years in the making. The preamble of the constitution is known by nearly every American. Within...
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...United States Constitution and The State of the Death Penalty in the US As of April 1, 2008, the Death Penalty was authorized by 37 states, the Federal Government, and the U. S. Military. Those jurisdictions without the Death Penalty include 13 states and the District of Columbia. (Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, New Jersey, North Dakota, Rhode Island, Vermont, West Virginia, and Wisconsin). Premeditated and cold-blooded killing of a human being by the state it violates the right to life as proclaimed in the Universal Declaration of Human Rights, and the right to be free from cruel, inhuman and degrading punishment. Over two-thirds of the countries in the world 141 have now abolished the death penalty in law or practice. In the U. S., 17 states have put an end to state-sanctioned killing. Dakota Territory established the death penalty in 1865. The penalty was carried into North Dakota law at statehood. In 1915, the penalty was restricted to persons convicted of committing a first-degree murder while already under a life sentence for first-degree murder. The death penalty was abolished when North Dakota's new criminal code became effective, July 1, 1975. According to historian Frank E. Vyzralek, only one legal execution took place in the northern half of Dakota Territory in Grand Forks in 1885. Seven legal executions took place after statehood. The last one John Rooney in 1905 was the first to take place inside the prison walls at Bismarck. Previous...
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...The subject of the United State’s Constitution is a very controversial topic. When researching points in the Constitution, it is nearly impossible to find any aspect of this great document that everyone agrees on. There are numerous amendments that are constantly debated upon whether or not they are still necessary in today’s day and age. Jefferson’s ideas of the Constitution are still thought of today and debated upon as well. The variaty of opinions on the constitution is something that I believe will never end. In the first amendment, we, as United States citizens, are given the freedom of religion, press, assembly, petition, and speech. The freedom of speech simply means that people are able to speak freely. In an article by the Washington Post, the idea of a hate speech exception does not exist. Hateful...
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...As Americans, our first amendment right (freedom of speech) is a fundamental right protected under the United States constitution, in the court case Schenck v. United States that Fundamental right is being disputed. Socialist Charles Schenck attempted to spread out thousands of draft flyers that asserted that the draft was according to him “Involuntary Service” to American Servicemen recently drafted to fight in World War I. Socialist such as Scheck believed that the war had been caused by and would only benefit the rich, Charles Schenck was the general secretary of the socialist party. There was a conflict due to the espionage act a United States federal law passed on June 15, 1917, shortly after the United States entered into World War...
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...The Patriot Act Vs The United States Constitution Khadija Nurul Hasan Chaffey College The Patriot Act Vs The United States Constitution The “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act, or Patriot Act was passed on October 24th, 2001 with almost all legislators in favor of it. The terrorist attacks on the Pentagon and the World Trade Center on September 11, 2001, sparked a nationwide desire for heightened security and increased abilities for law-enforcement agencies to track and stop terrorists. Thus, the Patriot Act was created in response, and passed with the aim of battling terrorism. However there are always two sides to any passing of a political law: those who support it and those who oppose it. Those who support the Patriot Act have consistently countered that the provisions of the Act are necessary to protect the people from future terrorist attacks, and that the law does an adequate job of protecting individual civil liberties; while those who oppose it argue that the Act is an egregious assault on individual liberties as it violates their constitutional rights. The hypothesis of this paper is to dissect and analyze Sections of the Patriot Act to see if they are in violation of the United States Constitution. Specifically the paper will analyze Sections 505, 215 of the Patriot Act to see if they violate the Constitution. The first violation in question comes from Section 505 of...
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...The Articles of Confederation was the original Constitution of the United States that was ratified in 1781. It was later replaced with the U.S. Constitution in 1789. The Articles of Confederation was a written document that established the functions of the national government of the U.S., after it declared independence from Great Britain. It is an important document in American history because it united the individual states and established the federal government. https://www.reference.com/history/three-weaknesses- articles-confederation. This document was needed so that the governing states could act together to become a nation. The Articles of Confederation needed to be changed to allow the citizens the freedom of speech and religion. The Articles...
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...Individual Rights Under the United States Constitution I. History of Criminal Procedure a. The Magna Carta i. 1215 agreement between King John of England and English nobility creating certain civil rights. ii. Due process is referred to as "law of the land" and "legal judgment of peers." Some state constitutions continue to use these phrases. iii. A legal principle which states that no one should be deprived of life, liberty, or property except by proper legal proceeding. The principle is enshrined in the 39th clause of Magna Carta (1215) which provides that ‘no freeman shall be arrested or imprisoned or deprived of his freehold or outlawed or banished or in any way ruined, nor will we (ie the monarch) take or order action against him, except by the lawful judgment of his equals and according to the law of the land’. b. The United States Constitution iv. 1789 v. Bill of Rights – proposed in 1789 and ratified (became law) in 1791. vi. Chapter 1, Page 14 – Provisions of Bill of Rights – Table 1.2 vii. The notion of due process is also embodied in the Fifth and Fourteenth Amendments of the US Constitution, and in Articles 5 and 6 of the European Convention on Human Rights. viii. The reference in the 5th Amendment applies only to the federal government and its courts and agencies. The reference in the 14th Amendment extends protection of due process to all state governments, agencies, and...
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...is a spiteful and malicious thing. Have you ever wondered what would happened if one person/group had complete control over everyone and everything in the United States? Well U.S. citizens don't have to worry about that happening. The constitution helps protect us from one person/group gaining absolute power. In May of 1787 in Philadelphia, James Madison and his fellow delegates was challenged to make a strong government that served the needs of the nation, but also didn't create any form of tyranny.So how did the U.S constitution prevent all of the power going into one person's hands? Well the goal of the constitution was to hold the states and people together with out letting any one have complete control. Another word for this is tyranny. They are 4 different ways the constitution helps guard against tyranny. These 4 things include federalism, separation of power, checks and balances, and the big states-small states compromise....
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