People Oriented America’s Constitution
Professor Bernard Schwartz, a famous American jurist, once pointed out: ‘The real contribution of the United States to human progress lies not in its technical, economic or cultural achievements, but in the development of the idea that the law is a method to limit the right. ’ Thus we can easily find that constitutional society is the basis for the realization of the rule of law, and it is an important way to achieve political justice. It is also the constitutional system itself to consolidate the political foundation of American society, thus bringing long-term stability and prosperity to the American people. Therefore, we must dig the mystery of the success of constitutionalism in the United States,
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From the logical starting point of American constitutionalism, the concept of people's sovereignty is an important cornerstone of American constitutional system design. From the feudal system autocracy to the practice of democratic constitutionalism, the key lies in the ownership of national sovereignty. From the logical point of view, the criticism of individual monarchy and sovereignty in the concept of the king must be derived from the logic of sovereignty in the people, that is, people's sovereignty. The idea of the people's sovereignty advocates that the power of the government derives from the grant of the people, and the government has the power to protect the vital lives of citizens, life and freedom. We have come to the source of righteousness, and there is a basic discourse on the doctrine of sovereignty in the Aristotelian era and the Roman law. In the period of ancient Rome, there was already a basic prototype of the concept of people's sovereignty and social contract in the natural law thought represented by Cicero. At that time, the idea of sovereignty was expressed as ‘the king's will of nature is equivalent to the …show more content…
From the American Constitution, we can easily find that the most important element of American constitutionalism is the theory of people's sovereignty. The theory of people's sovereignty explains why constitutionalism is generated and what purpose is generated. In the concept of American constitutionalism, it contains the rich experience of human political practice and the inevitable common law of rule of law. The constitutional system of rights is essentially a question of whether a person has dignity. If a person thinks that man should live with dignity, then this person will certainly the ideal of this right. People - oriented, is the real ideal of
The book includes numerous special features that enables reader to have a more in-depth idea of the Constitutional
The Constitution: It’s Shield Against Tyranny “The United States of America”, or better yet what individuals know and cherish as the land of the free and home of the brave. Going all the way back to the colonial period of the 17th century to now, one can’t help but to recognize the documents that implemented this country’s first sense of structure. Beginning with the Articles of Confederation, which was the country’s initial constitution, posed serious weaknesses, like the inability to enforce laws or the total lack of an official court system. After a prolonged debate, the first Continental Congress met in Philadelphia to draft together a new written U.S. Constitution, which would not only replace the Articles of Confederation and fix all
“Richard Henry Lee’s Objection to the Constitution” and James Madison’s “The Federalist No. 51” contend about the positive and negative effects of the Constitution. Both essays are important documents for early American history, and both contain valid points. James Madison, however, presents the better argument with his diplomatic, content, and logical approach. “The Federalist No. 51” begins with a question about how America can properly divide government power (Madison 1). Madison believes the Constitution is the answer because it gives the foundations and tools to keeping the power of the government for the people.
Through the fundamental ideals of the founding fathers the United States government has been sculpted into a variation of a democracy influenced by Madison, Jefferson, and Hamilton. These men each provided concepts and qualities of their respective government that are directly reflected in the constitution and the bill of rights. Although, conflicting principals can be identified through each individual’s interpretation of a democracy, there is no doubt Madison, Jefferson, and Hamilton structured our government into what it is today. Madison described a democracy in which wealth needed to be equally distributed among the people in order to function.
After the ratification of the Articles of Confederation in 1781, a sense of nationalism and unity swept across the young United States of America. Unfortunately, with youth, comes inexperience. It did not take long for numerous problems to be noticed under the Articles including a weak central government, no national judicial system, and little coined money. Due to the controversy and disorder arisen by the Articles of Confederation, the delegates of the United States joined for the 2nd Constitutional Convention in 1787 to make reparations. The top scholars of the nation intended to repair the existing government but instead, created a whole new one.
The government was created by the people and for the people, so the people are the ones who have sovereignty in the US. The Preamble states “We the People of the United States, in Order to form a more perfect Union… do ordain and establish this Constitution for the United States of America.” The Declaration of Independence supports this by saying the people are entitled to three basic rights; life, liberty, and the pursuit of happiness. If the government tries to dishonor these basic rights then the people have the power to abolish that government. 4.
During the time period of the late eighteenth century the United States were seeking a new governing platform that would support the ideals present in the American Revolution. Principles such as freedom, independence and natural rights were among the driving forces in shaping the constitution. Throughout the creation of the document many disputes occurred, the Federalists wanted a strong central government with unchallenged authority while the Anti Federalists fought for personal freedoms and decisions to be made at a state level. Correspondingly once the Constitution was completed The Anti Federalist opposed to it. They complained that the new system threatened liberties, and failed to protect individual rights in addition to their claim
People are sovereign because they are not controlled by another person. For example, someone who works for a baker in a bakery is reliant on that baker for their livelihood. Therefore, that person would be influenced by their boss for the reason of self-interest. If the employer of the baker were to vote a certain way, (ballots were not private like they are now) he could be fired. Thus, he is subservient to the baker.
A concerning number of citizens of the United States today consider the United States Constitution to be a relic. A memorial to aspirational thought we are to remember with fondness and adapt to our own changing societal needs. This is an unfortunate frame of mind, for this document was not merely a pleasant thought in the minds of U.S. Founders, but a brilliantly conceived legal document at significant personal cost to the men and women who developed it. It is a document that has the ability to withstand the test of time. The principles of life, liberty and the pursuit of happiness were not something one would likely find as the foundation of any political doctrine until the United States Constitution was conceived in response to the lack
During the late 1700s, the United States was now becoming an independent nation that was now free from Britain’s monarchy. However, America was now facing upcoming challenges towards becoming a new nation while politicians were trying to establish a well and stable federal republic. This resulted in hardships for not just only citizens but delegates as well. Therefore, the US Constitution had no extent on creating a fair and equitable government because of the controversy between the smaller and larger states, disregarding women, and discrimination among blacks. For example, larger and smaller states were having conflict and not agreeing on things.
Between then and now, we have acquired the ability to communicate with those across the world without leaving the room, we have gained access to insurmountable amount of informations, and we have even enabled ourselves to travel in space. The world has completely changed in the last two centuries, and our rules and laws must adapt in order to accommodate these changes if they are to keep up with us, and this includes the rules and laws of the Constitution. The Constitution of the United States must adjust certain decrees, such as the tenure of Supreme Court, the nature of presidential elections, and create a more representative Senate in order to correspond to the needs of the public. The Supreme Court and its Judges have determined many of the most important decisions and cases throughout American history, which
[..][T]he present is an age of philosophy, and America the empire of reason.” This early reasoning guided them in developing a government that was not only more democratic but ensure separation of powers and proper legal review. The key concepts and ideas that were developed during these dramatic years, shaped our system of
The Leonore Annenberg Institute for Civics video titled “Key Constitutional Concepts” explores the history of the creation of the United States Constitution in addition to key concepts crucial to the document. Two central themes explored in the video include the protection of personal rights and importance of checks and balances. The video strives to explain these concepts through Supreme Court cases Gideon v. Wainwright and Youngstown v. Sawyer. To begin, the video retraces the steps leading up to the Constitutional Convention in Virginia in 1787. It opens by explaining the conflict that led to the Revolutionary War and the fragility of the new nation.
The Constitution—the foundation of the American government—has been quintessential for the lives of the American people for over 200 years. Without this document America today would not have basic human rights, such as those stated in the Bill of Rights, which includes freedom of speech and religion. To some, the Constitution was an embodiment of the American Revolution, yet others believe that it was a betrayal of the Revolution. I personally believe that the Constitution did betray the Revolution because it did not live up to the ideals of the Revolution, and the views of the Anti-Federalists most closely embodied the “Spirit of ‘76.” During the midst of the American Revolution, authors and politicians of important documents, pamphlets, and slogans spread the basis for Revolutionary ideals and defined what is known as the “Spirit of ‘76”.
A conversation was help between Laelius and Scipio. Laelius said to Scipio, “Certainly not; because these not not constitute the real welfare of the community.” Scipio responded, “And at Rome, when the decimvir ruled without appeal from their decisions in the third year of their power, had not liberty lost all its securities and all its blessings?” Welfare of the community was no longer recognized in Rome, the people soon recovered and went back to their appropriate rights. Natural law aims at goodness, to bring subjects to true find true happiness.