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 …show more content…
By returning our focus to the ideals the founders of the United States Constitution regarded, there are ways to go about limiting the power of the federal government. Foresight proved strength for the founders of our Constitution in providing a means to amend the constitution. As far as the thought behind the proper interpretation, the term Originalism encompasses many variations on thinking in terms of Constitutional interpretation but agrees that the document itself must be faithfully executed as it was intended at the time it was written, by the individual that invested so much personally and professionally to make this document possible. Though it is not a popular way of thinking these days, the constitution exists and maintains authority for the same reason it had authority in its conception. There is no change that has happened in America that merits changing of the United States Constitution or the idea that it should be held as a “living document”. To say this is simply to undermine the authority of the Constitution in the first place, thereby making it obsolete. Larry Simon explains where Originalism may get its …show more content…
First, it might be claimed that it is implicit in the concept of a written constitution (or at least ours) that the original understanding provides the authoritative source of constitutional meaning, and that this meaning can be authoritatively changed only by amending the Constitution through the processes that are themselves set out in the document (Simon 1484)
The idea that something can get its authority simply by the fact that it was given that authority during its formulation and ratification should not be so negatively received by Americans. The fact that there is such opposition to authority only reinforces the fear that popular thought can be juvenile and easily become a breeding ground for discord and
The Constitution DBQ The Constitution of United States is regarded by many as an important document, for it gave the common people the power to form a government the way they want. Yet, despite all the benefits that it brought to the American people at the time, people also had some concerns about the Constitution such as: it is creating a Central government that is too powerful, only white men that owns property are allowed to vote, not everyone in the nation are treated equally, etc. When the Constitution was first being drafted, Representatives from each state hoped to add terms that would benefit their own states—this lead to a heated debate on how the Constitution should be formed.
The constitution of the United States is an insightful and revolutionary idea of how a government should be practiced in order to prevent a greedy, corrupt form of government from establishing and taking over its people. The US government is founded on the principle that it works for its people, meaning that whatever is legislated is meant only for the benefit of the American people. However, the Constitution is at this point flawed due to the fact that many of its proclamations are vague and outdated, and has to be left to interpretation as to what the framers truly intended of it. This is dangerous because it further divides the nation when Americans believe in different forms of what is constitutionally righteous, and this may start a civil
When our founding fathers were writing the constitution for our new nation, they looked at many different sources to gain thoughts on what they should include in the document. Some of the documents that the men looked at included the Magna Carta, Mayflower Compact, and the English Bill of Rights. When the people in America decided that they needed to be able to have freedoms that the king wouldn’t let them have, they decided to break free of Great Britain. The Americans realized that in their new nation they wanted to make an establishment causing the government to have limited power over them because they wanted to be free.
Review of Why ERA Failed: Politics, Women’s Rights, and the Amending Process of the Constitution By Mary Frances Berry The struggle for women’s rights has been a long, hard fought battle in American history. The fight for even the most basic of rights, such as the right to vote or control property, often takes decades for a victory to be had. One such initiative that sought a widening of women’s rights was the Equal Rights Amendment (ERA) of the 1970s. The ERA sought to put women on equal legal footing as men, and to no ones surprise the movement failed.
It is quite difficult to ascribe modern meaning to ancient texts. One could argue that there is no greater folly. The Constitution has been the guiding document of this country since its ratification over two hundred and thirty years ago, and for all of its scruples, is still the most important political document ever written. Thus, it is the role of several of our most hallowed institutions to ascribe modern meanings to ancient texts. The main visionary behind the Constitution, James Madison, would not understand our world today.
The rule of law is reflected as a core principle of our nation and vital to ordered liberty. To rightly govern the American rule of law it is essential to acknowledge the continuity between the American Declaration of Independence and the U.S. Constitution. The United States of America “government” is framed by these two important documents. The principles of the Declaration of Independence constitute the foundation of the government based on the universal equality of all human beings, and the U.S. Constitution founds the political process that is to be followed by the elected officials in governing the people. One cannot be without the other; both are essential for a stable government.
The framers of the United States Constitution had a difficult task deciding how this country should be governed. Many challenges to their thoughts, fears, and decisions proliferate even after more than two centuries. Many disagree, for instance, with the way in which our nation's President and Vice President are elected. In essence, The Electoral College is a compromise between the choice of President and Vice President being made by a vote in Congress and being made by a popular vote of the people.
The American nation today is known for the free rights and power it equally gives citizens, the capability it gives the government. It wasn’t always like that though. Under the Articles Of Confederation many rights were not granted, and many powers were limited to the government. Writing the Constitution helped to establish our country, and was very necessary in the steps to forming a successful nation. When the national government was first established it had little to no control over economic problems they were facing.
Yet the US Constitution laid the laws of the land, some of these amendments are still argued with, and not all people believe that they are executed how they should be or some just disagree with them completely. Furthermore, the Declaration of Independence is frequently mentioned in today’s political
The originalism theory interprets legal texts, including the Constitution. The constitutional is interpreted by its original public meaning, according to originalists. A dictionary,
Anti-Federalist Paper No. 84 by Robert Yates explains, “When a building is to be built which is supposed to stand for ages, the foundation should sturdy. The suggested Constitution is designed, not just for us, but for everyone that comes after us. “ This relates the constitution to a building. Buildings are supposed to stand for ages, but without a sturdy foundation they will quickly be demolished. The constitution is not only designed for us, but also for our posterity so without a firm foundation, such as a bill of rights, it will quickly be abolished.
DBQ Essay The United States Constitution is a document that or founding fathers made in order to replace the failing Articles of Confederation (A of C). Under the Constitution, the current government and states don’t have the problems they faced when the A of C was in action. The Constitution was created in 1788, and held an idea that the whole nation was nervous about. This idea was a strong national government, and the Federalist assured the people that this new government would work. The framers of the Constitution decided to give more power to the Federal government rather than the state governments because the A of C had many problems, there was a need for the layout of new government, rights, and laws, and there was a need for the Federal
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”.
Justice Thurgood Marshall Response Justice Thurgood Marshall said in his “Reflections on the Bicentennial of the United States Constitution”, “I do not believe the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government and its respect for the individual freedoms and human rights, that we hold as fundamental as today” (Marshall). In this passage of his essay, Judge Marshall is critical of the government that is
A constitution is the fundamental law by which a nation or a state is governed and organized. It establishes the framework of government, delegates the powers and duties of governmental bodies, and defines the relationship between the government and their citizens. Texas current constitution was adopted in 1876, and since then Texas voters have approved more than 467 amendments to this document. The word “amendment” is defined as the act or process of changing the words or the meaning of a law or document (constitution). Throughout this essay I will explain the rules for amending the Texas Constitution, the attempts made at constitutional reforms during the 1970s, explain why constitutional reforms were attempted and why it ultimately failed.