So the goal of this is to get the government started and keep it going and stable so it can solve future problems of governance. With the key word being “future” it is understandable that people who support the living constitution view believe that the Constitution was specifically written to be flexible for future changes and amendments. As stated before, the term originalism was originally defined by the former dean of Stanford Law School, Paul Brest, in a 1981 article. Some important followers of orginalism are Antonin Scalia, Clarence Thomas, and Robert Bork who are all serving on the United States Supreme Court. The term living constitution comes from the title of a book that was written by Professor Howard McBain in 1927.
President Woodrow Wilson wrote “the he Constitution of the United States is not a mere lawyers’ document, it is a vehicle of life and its spirit is always the spirit of the age.” One must keep this fact in mind when comparing the Constitution and the Articles of Confederation. There was a vast difference in the “spirit of the age” when these documents were drafted. Coming on the heels of the Declaration of Independence and the war against England, and afraid of a dictatorship or a government that did not listen to its people, the Articles of Confederation (which will be referred to as AoC) were written it a way that gave more power to the states. The problem with this type of government was that it was too difficult to enact or enforce laws and the government could not collect enough taxes to support itself. I believe the Constitution did a better job of protecting liberties, specifically in the areas of the federal court system, representation of the people, and the levy of taxes.
GOD BLESS AMERICA By, STEFAN RADUNOVIC Unit 1 Unit 1 was all about the Consistitutional Underpinnings. We first learned what political power was and why we need politics in the first place. We then went on to the idea of Democracy and John Locke’s social contract theory, that “The view that the consent of the people is the only true basis of any sovereign’s right to rule”. Unit 1 taught us that there are two types of democracies, direct and indirect representation democracy also know as a republic, and the pros and cons for both types. One of the main questions reguarding democracy was, who really has control in a democracy?
National Referendum: Should the Constitution be ammended to allow direct democracy? By: Maxie Bolton PLS 135 - 22H American National Politics Mr. Walter Zeller April 14, 2015 Shortly following the signing of the Constitution, in a response to a woman’s inquiry, Benjamin Franklin was asked what type of government the founders had created for us? His reply was “ a republic, if you can keep it” (Forefathers.com). In his book Citizen Lawmakers, David Schmidt tells us that Thomas Jefferson’s “strong support for establishing the process was based on his belief that the people are sovereign and should be the ones to agree to and approve any change to the one document, the consititution, that dictated the laws in which they would have to live
This way of thinking was totally different from that of England who was a monarchy even up to now. Americans going a different and bold direction with the well established Constitution made sure that this Constitution was monarchy hostile. An example will be the title of nobility, which states that the title of nobility usually leads to inequality among people even though there is no such thing as equality but the theory was still created a government where under the circumstances people are treated equal. Therefore, the main reason the Constitution was dedicated to the idea and goal of equality. In other to discourage monarchy and reinforce the American idea, our founding fathers came up with the three branches of government where they would each have certain role to fulfill, share power which will allow them to oversee each other.
Task 1 for AGT1 The Declaration of Independence was written by Thomas Jefferson in 1776 for the purpose of establishing America as an independent nation and to explain the reasons why the colonies were declaring their independence. In it, he states that governments were to be put in place by the governed to uphold the unalienable rights of “life, liberty, and the pursuit of happiness”. If the government failed or was destructive to this cause, the governed not only had the right to remove the current government and establish a new one, but a moral duty to do so. Because of the treatment of the colonists, Jefferson saw it necessary to the success of the people that this document be written. Some of the most recognizable and debated statements are found in the Declaration.
He emphasized heavily on the importance of unity between the states, the significance of the Constitution, the Checks and Balances System, and amendments. He mentioned about the implication of religion, education, and morality that exist in the newly settled nation. Lastly, he proposed the Proclamation of Neutrality of 1793 (Doc A). This proclamation was serving as a principle to have an effective legacy of the country. George Washington stated that they should deal with “sincerity and good faith adopt and pursue a conduct friendly and impartial [to Britain].” He may have stated this for he was the first to be the role model of the future presidents, therefore he would want to leave a legacy that will effectively put American in the positive direction.
Perhaps this is why the founders of the constitution of America made sure to include such a provision as the ninth amendment in their bill. “The purpose of the ninth amendment and the founder’s intent was to protect those rights that the Founders assumed and felt no need to specify in the Bill of Rights. Such rights often referred to as unenumerated rights include, for example, the right to privacy. In the America of today, unenumerated rights account for freedoms like a woman's right to abortion” or right to privacy. There is a line within the second paragraph of the constitution that seems to very clearly attest to the fact that what a person does with their body is their choice, and yet when we
Thomas Paine's Common Sense is a collection of facts, reasons, and opinions on America needing to become an independent nation once and for all, free from the British. Paine addresses this to the people of America in his time; he tries to persuade them to see the good and, well, common sense in why to force themselves out of Britain's control. It is important for him to reach out to the people because their support is needed, and he must show them that they do and will have power to do in the free and independent state he wants the nation in. Thomas Paine argues for American independence on the basis that a government's purpose should be to "protect life, liberty, and property". In that he believes Great Britain has not shown that for
We need to revert back to the roots the Founding Fathers planted and minimize the role of the government and maximize the role and responsibility on the individual. We need to be accountable for the state of our economy ourselves and stop running to Washington to stick a band aid over problems while they just get worst. We have the greatest power as individuals to make the biggest