The founding fathers of America believed in religious freedom, and the right to sue without prosecution, was mandatory for our nation to be free and open minded. Many of these beliefs are solely presented in the 1st amendment. For instance: Thomas Jefferson states in the first part of the one and only sentence in the first paragraph with “Whereas Almighty God hath created the mind free; that all attempts to influence it by temporal punishments or burthens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness...”. Pretty much, in latent terms, he is implying in this transcript is that we were given the right…
In this essay, Tribe and Dorf describe our nation’s Constitution as a document that continues to dynamically work to achieve a balance between governmental power and individual liberty. Founding fathers like Madison and Jefferson also look to the constitution as a distinct outline, instead of a blueprint. The amendments and bills that comprise it tend to be very vague and open to interpretation of what some definitions actually mean. This leads to a lot of disputes throughout history of what the Constitution and its words stand for.…
The debate over how much power a government should employ over its citizens has been issue in the United States, since its first development of government. This clash of views essentially led to the formation of political parties, and was the first major political dispute in the United States. Federalist leader Alexander Hamilton who was pro strong central government, industrialization, businesses and banking, was for a loose interpretation of the Constitution, meaning the government had the right to interpret the Constitution and its contents based on connation, in order to protect its citizens according to the Necessary and Proper Clause. Republican’s, such as Thomas Jefferson, who was aiming in establishing America as an agrarian country favored a strict interpretation of the Constitution, meaning the government defines and applies the contents of the Constitution as they are, word for word, to be in accordance with the concept of state’s rights. The stance taken on this ongoing debate is inclined towards the side of loose constructionists, for its greater contribution in forming solutions to federal problems, helping the country flourish and aiding in today’s society as well.…
Thomas Jefferson, American Founding Father and the principal author of The Declaration of independence, theorized that “the care of human life and happiness, and not their destruction, is the first and only object of good government.” Jefferson pointed to “unalienable rights,” and these rights were “giving to us by our creator and not by a government.” To protect the fundamental and individuals rights accordingly, James Madison was involved by including the Bill of Rights to The Constitution. The intention with these, was to remove the power from government reach only. Years after the Declaration of Independence and the Constitution was put in place, a remarkable Landmark decision by the United States Supreme Court was news and continues to…
When writing the Constitution of 1787, the writers endeavored to create an aristocracy with elites continuing their governmental control. Looking through the newly proposed Government structures, Congress and the President possessed an excessive amount of power over both the states and the American people. Although many Americans, such as Patrick Henry and Mercy Otis Warren, voiced their oppositions to these new propositions, Congress ratified the Constitution of 1787. Although the Government today assumes similar power opportunities as in the Constitution of 1787, the current Constitution also includes the Bill of Rights, which prevents the Government from impeding the people’s rights and prohibits the excessive assumption of power. However,…
In 1791, the United States Constitution implemented the Bill of Rights to protect the rights of the individuals by listing specific prohibitions of governmental power. The Bill of Rights consisted of the first ten amendments of the United States Constitution, including the Sixth Amendment—the right to counsel. The Betts v. Brady case, Gideon v. Wainwright case, and Shelton v. Alabama case, each demonstrated how individuals wrongfully suffered due to the lack of appointed counsels. Following these three significant court cases over the past 80 years, the Supreme Court set a precedent for all cases to follow, by ensuring the defendant’s Sixth Amendment right which has led to a more just system—one which acknowledges equal rights of all individuals,…
The U.S. Constitution and the Declaration of Independence present many ideas which can be traced back to the time of classical antiquity. Many of the concepts within the United States Constitution and the Declaration of Independence can be linked to ideas that were present in ancient Greece and Rome. These ideas and concepts have helped form our society into what it is today. In Article 1 of the Constitution it states that, the House of Representatives and the Senate have all legislative powers. They have the power to pass the laws that control and influence our society. In history, the Romans had a system similar to this. Their government consisted of an Assembly, Senate and a Consul which controlled their society. A second concept can be found within the first amendment in the Bill of Rights, it states, “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof” (amend. I). This grants United States citizens religious freedom. Despite of the fact that the Roman Empire was not religiously tolerant until the reign of Constantine the Great, there was a point where Roman citizens had religious freedom. Another parallel between America’s government and the worlds of classical Greece and Rome would be in the Writ of Habeas Corpus. It is a common idea that was first instituted by Emperor Justinian can be found in the sixth Amendment of the United States Constitution. Another idea found within the Declaration of Independence, the idea that, “all men are created equal, that they are endowed by their creator with certain unalienable rights that among these are Life, Liberty and the Pursuit of Happiness,” (line 7, Declaration of Independence) also finds its roots in the classical world. The concepts within this quote mirror some of the component of Greek Stoicism. They believed that all men were created equal and because of that we are all brothers. The last concept deals with the right of the people to alter or…
There are similarities and differences between Thomas Paine’s Common Sense and the Federalist and Anti-Federalist controversy. The Federalist and Anti-Federalist controversy explores the views of the Federalists and Anti-Federalists. The Federalists supported the Constitution, and they wanted the Constitution to become law or ratified. Moreover, the Federalists wanted and believed in a strong, central government. The Federalists consisted of Alexander Hamilton, John Jay, and James Madison. On the other side, there were opponents of the Constitution (the Anti-Federalists). The Anti-Federalists thought the Constitution would give the government too much power and control; there was no Bill of Rights to protect the people and their rights from…
The Federalist Papers are a collection of 85 essays written by Alexander Hamilton, James Madison and John Jay advocating the validation of the United States constitution. The series of articles were first published in 1787 - 1788 in the Independent Journal, the New-York Packet and the Daily Advertiser. At the time of publication, it was unclear who the author’s were, since Hamilton, Madison and Jay used the pseudonym “Publius”, in respect to Roman diplomat Publius Valeria Publicola. It wasn’t until Hamilton’s death in 1804 that it was clear as to who were the creator’s of the “incomparable exposition of the Constitution, a classic in political science unsurpassed in both breadth and depth by the product of any later American writer” (Federalist Papers). The Federalist Papers drafted a basic form of American federalism, meaning the papers served as a justification of the document that would soon become the constitution. The federalist’s promoted a divided federal government, a system of checks and balances where there was “division of power across the local, state and national levels of government” and a system for judicial review (William Bianco). At first, the Federalist Papers were received as unfinished and exaggerated, as many Americans were cynical of a contradiction of the bill of rights. Despite first impressions, the Federalist Papers have survived well into the 21st century, and are still used today by lawyers, judges, and jurors as a tool to interpret the Constitutional laws.…
In an essay by Duane Smith, he notes that the protection of natural rights and promotion of welfare is the goal, and classical republicanism is the mechanism by which they are protected. Deterred by the tyrannical monarchical parliamentary system, Natural Rights philosophers viewed a social contract as a protection from the government, rather than pledge to uphold societal responsibilities. John Locke’s belief in the unalienable rights of “life, liberty, and property” are fundamental to the individually centered view of society adopted by the Natural Rights philosophy. While Classical Republicans emphasize the role of the individual within the community, natural rights philosophy focuses on one’s liberty to live life as they see fit. This concept is demonstrated in George Mason’s Virginia Declaration of Rights when he claims that, “all men are by nature equally free and independent, and have certain inherent rights… namely, the enjoyment of life and liberty,…
This article is explaining the author Walter William’s opinion on why the Bill of Rights were written. He states that they were written because “Congress could not be trusted with our God-given rights.” The article also explained that the Amendments within the Bill of Rights were written because the “Government was the enemy of the people.” Even though the government was the “enemy” it was still needed to provided the State's protection.Others think that the Bill of Rights were “unnecessary and dangerous.” One of the individuals that felt it was unnecessary and dangerous was Alexander Hamilton, he felt that the government should have more power than the States.…
While the vision of the federalists remained dominant in the Constitution, the first ten amendments were added in as the Bill of Rights, establishing an important compromise and addition to the document. The antifederalists constant critiques over the federalists helped develop the Constitution further, and forced men like to Madison to continue publishing essays in for the Federalist Papers and answer the complex questions of strong central government that many Americans still feared. While the federalists won the day in regards to ratifying the Constitution, the antifederalists helped preserve the core principles that carried the colonies through the Revolution. Therefore, while some of the core ideologies were muted by the Federalists’ Constitution in light of a more progressive and modernized nation, the antifederalists forced them to critique and improve their own core beliefs. This allotted for successful combination of Revolutionary and modern progressive ideologies that assisted in the development of young…
The most used defense in United States history has always been the Constitution. People have justified many deeds and/or criminal actions with this document. Written a little over two hundred years ago, it’s no surprise that the Constitution is highly debated. In fact, the United States has an entire branch of government specifically for interpreting the Constitution: the judicial branch. However, even the judicial branch’s interpretation is debated; the Supreme Court is constantly judged for its decisions. People wonder just what role the Supreme Court must have in interpreting the Constitution; many varying ideas have surfaced about this. Some take on a more literal interpretation of the Constitution when judging the level of constitutionality…
During the period between its proposal in September 1787 and ratification in 1789, the United States Constitution was the subject of numerous debates. The contending groups consisted of Federalists, those who supported ratification, and Anti-Federalists, those opposed to the constitution. Each group published a series of letters known as the Federalist and Anti-Federalist Papers. The Anti-Federalist papers objected to provisions of the proposed constitution while the Federalist Papers defended the rationale behind the document. Anti-Federalist objections included that; the United States was too extensive to be governed by a republic, the constitution included no bill of rights, and the federal judiciary was vaguely defined and could become too powerful. Each of these arguments is worthy of attention as an examination of the debate between the Federalists and Anti-Federalists over the proposed Constitution.…
In American Constitutional thought, it is generally regarded that the Judicial Branch and the courts should be independent from political sway. The Legislative and Executive branches were designed to represent the will of the people at the time, but the third branch is to remain isolated. Blatantly activist judges are generally regarded as unacceptable. It’s undeniable, however, that a completely independent judiciary is impossible in a democratic society. To some extent, the general populace plays a role in interpreting Constitutions, which is referred to as popular constitutionalism. To what extent the general populace plays in the interpretation of the Constitution is still debated and the answer may vary from country to country. For this…