At the time, the Framers focused merely on creating an effective government. The Framers did not pay a great deal of attention to the fact that in order to create an effective government, there has to be rules and boundaries that the government must follow. However, to create an effective government, the United States needed protect the freedom and rights of everyone. To do so, the United States needed to adopt a method that would create these rights. Many members of congress believed that individuals should have these rights regardless of having it formally written and didn’t want to create a Bill of Rights.
Zinn also uses an excerpt from historian Charles Beard to explain his reasoning. Beard basically said that the rich controls the government or the laws the government operates by. Zinn points out that the First Amendment of the Bill of Rights shows that quality of interest hides behind innocence. Meaning that Congress completely ignores the freedom of speech. Professor of history Gordon S. Wood views the struggle for a new constitution in 1787-1788 as a social conflict between upper-class Federalists who desired a stronger central government and the “humbler” Anti-Federalists who controlled the state assemblies.
This was evidently needed due to the constant confrontation of the first states of the confederacy. It was clear that the states themselves needed a higher power to answer to as well. This is why the founding fathers of the nation looked to the social contract theory, to unify the states through a federal government. The second purpose of government in the Preamble was to establish Justice. Being wise to Thomas Hobbes part of the Social Contract Theory, the writers of our Preamble knew that people without some form of justice system, or other means to stop crime and unruly
How do you think our rights were protected against tyranny by the Constitution? Tyranny is when one person is given all the power to control a country of a government in a dictator like manner. The Constitution guarded against tyranny in several ways, which were federalism, separation of powers, checks and balances, big states vs. small states. The first guard against tyranny was Federalism, a system of government in which power is divided between a federal government and state government. The guard of federalism is shown one way in the Constitution when they set up the compound government to make sure that the federal government doesn’t get too much power.
Mankind needs laws and obligations to live by, not only to keep peace but to protect ourselves from our basic nature. Hamilton views the role of government as changeable and believed it would work better as a strong centralized government. As long man has faith in changing a government, man will abide by it. He states," not conform to the dictates of reason
In agreement, I believe all shall follow for strictly guidelines and restrictions, not to be precise within each Amendment, not one should uphold detail. The unwritten Constitution refers to traditions that have become part of our political system. Although George Washington warned us against Political Parties, they nominate candidates for office. Political Parties are not written into The Constitution, yet the people of the United States are left to vote and decide who the winner of the elections will be, and who will take the position as the next President of the United States. Yet, another reason why we, as a nation, alter the Constitution in our own ways, still allowing each part as an indication of mandate.
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. This will help each branch to keep a watchful eye on the other two branches so that each branch would comply with the constitution so as not to usurp power and turn in to monarchy. These branches include the Legislative branch, the Executive branch and the Judicial
Many laws have evolved and changed meanings over time, and therefore, the “law of our land” must be applied as accurately as possible for the criminal justice system to work effectively. The original content for which the amendment regarding counsel stemmed from a need to reinforce the standards set by colonial Americans when they were facing the English. The right to counsel was not necessarily a positive state because often the counsel appointed was not working necessarily for the defendant’s best interest. Nowhere does the amendment explicitly state that the accused will be provided counsel by the government (Sonneborn, 2004). There has been an addendum that had to be put in place later to combat any legal issues that would have been faced when integrating the right to counsel clause into the modern criminal justice
It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group; which began during and even after Andrew Johnson’s presidency. The Constitutional amendment became the primary vehicle for changing toward a more equal nation. In simplest terms, an amendment is a formal process that adds to, or takes something away from the U.S. Constitution. While the Constitution itself established a democratic system of government, because of the necessity of compromise, it left several important issues vague or undefined. Examples included voting rights and citizenship, and the founders passed this to the states to decide.
INTRODUCTION – A constitution is a body of fundamental principles or established precedents according to which a state or organization is governed. The purpose of a constitution is to explain how sovereign power is distributed amongst the government and people as well as to delegated bodies. There are numerous arguments for a codified constitution being introduced in the UK such as that it would offer a better protection of rights for the people and prevent an over mighty government. Calls for constitutional reform were particularly prominent in Blair's first term of government, as this was promised in the Labour Party manifesto of 1997. Arguments against adopting a codified constitution such as that it could lead to judicial tyranny are outweighed by arguments for it.