Abstract This paper compares and contrasts the 1861 ConfederateConstitution with the 1787 United States Constitution. The author includes citations from the two constitutions that support her thesis that the ConfederateConstitution was simply a modified version of the 1787 Constitution.
Abstract This paper explores the philosophy and events behind the formation of the US Constitution. In particular, it examines how the political philosophy during the Confederation period of the United States developed into two important documents--the Articles of Confederation followed by the US Constitution. The paper describes why the Articles of Confederation were not sufficient in delineating the basic tenets of the new nation. The formation of the Constitution and its relevance today is also described.
From the Paper " It was soon -indeed, only two years after the ratification of the Articles of Confederation- obvious, however, that "the system of state politics [could] not assure America's future" (Washington, 1783). In other words, the framework of the Articles of Confederation proved too idealistic to be put into practice. The Nationalists -that is to say, those who were in favour of a strong national government, such as Madison- deeply believed that the Articles of Confederation had to be altered. Actually, they had led to several problems within the colonies: political and social unrest, economic difficulties, trading problems and unfair practices - "no money is paid into the public treasury; no respect is paid to the federal authority. Not a single state complies with the requisitions; several pass them over silence, and some positively reject them" (E. Marienstras, Naissance de la Repulique Federale, from The Writings of James Madison). Those issues resulted from the fact that Congress was not entitled to take decisions that would save the Confederation from disintegration: it did not have any coercive power. No common government existed. The emergency was then to avoid a clash between the states and to consolidate the union: all the states had to be represented in Congress. It was even said during the Hartford Convention of 1814 that "the lack of coercive power was the greatest defect in the 'general government of the continent'" (M. Jensen, The New Nation). Indeed, too much liberty -be this conception conceivable- within the sovereign states would lead to anarchy and confusion. Too much freedom of power for the individual states would lead to too democratic a union, and all this would bring about nothing but everlasting disputes and unrest. Too much power in the hands of ordinary people would lead to "mob rule", chaos and despotism."
Abstract This paper recounts the drafting, implementation, amendment, and eventual rejection of the Articles of Confederation. The paper states that its main failure was that it was aimed primarily to prevent usurpation of power by the government, rather than provide for effective governance. A more effective Constitution was drafted as a result, which reduced state sovereignty and allotted greater power to the central government. In summary, the paper contends that the Articles of Confederation reflected the fear of governmental usurpation of power and created a government so powerless it could not function, while the Constitution gave the new government the power it needed to function.
From the Paper "In Federalist # 51, James Madison argued that the government was structured to preserve liberty. No one branch could hold sway over the others, and judge, appointed by the other branches, would be selected for quality, not popularity. (Federalist # 51) By creating the checks and balances, the government could control public excesses, but could not itself usurp power. The legislature, the most dangerous branch, was the most checked. Meanwhile, the size of the nation would prevent mob rule, because factions would check one another. (Federalist # 51)"
Abstract This paper shows how the shape of the American government as embodied in the U.S. Constitution was influenced by such factors as the colonial experience, the revolt against British rule, and the failure of the earlier Articles of Confederation. The paper also discusses how the ideas embodied in the Constitution had been taking shape for some time before any of these elements had come into being, changing the way many in the colonies thought about government in the late eighteenth century. It shows how the ideas expressed in the Constitution derived from European theorists such as John Locke, Thomas Hobbes, David Hume, and Jean-Jacques Rousseau, though the manner in which these ideas were adopted by the colonists was influenced by the various elements of the colonial experience.
From the Paper "The Declaration of Independence was adopted in 1776 as a statement of the Second Continental Congress of the independence of the American colonies from British rule. Thomas Jefferson wrote the first draft, and ideas were then incorporated from John Adams and Benjamin Franklin. The document was adopted on July 4 and led to the success of the American Revolution. The document produced at the request of the Second Continental Congress expressed a number of political ideas than current in the colonies, ideas which had been expressed by others in a different form and which were now brought together by Jefferson in a final statement of independence from England."
Abstract This paper discusses the fierce battle waged between the Federalists and the Anti-Federalists over the ratification of the US Constitution.
In order to explain this battle, the paper highlights the differences between the Articles of Confederation, supported by the Anti-Federalists and the proposed Constitution, supported by the Federalists. The paper then explains that the Federalists believed a national government had to be strong in order to function properly while the Anti-Federalists argued that a strong national government threatened the rights of common people.
From the Paper "Leaders of the United States realized the Articles of Confederation needed to be revised. The replacement document would be the Constitution of the United States. In the process of formulating this plan for the country, two major parties developed: Federalists and Anti-Federalists, each believing the nation should operate under their plan. While each group proposed completely different roles for the government, a consensus was necessary to ratify the Constitution."
Tags: Articles, of, Confederation, national, government, power, control
A discussion of the Articles of Confederation and Perpetual Union which went into effect on March 1, 1781 in order to give a constitutional order appropriate to the republican character of the new nation that was forming at the time.
Abstract This paper analyzes the history of the articles, created to form national unity, from their very inception, through implementation to what was to become a forerunner for the future of constitutional law. This paper also gives a brief insight into the issue of colonial refuge.
From the Paper "From the beginning of the American Revolution, Congress felt that a stronger union was needed. There had to be a government powerful enough to defeat Great Britain. The desire to give a constitutional order appropriate to the republican character of the new nation became a belief during the early years of the war. A fear of central authority inhibited the creation of such a government, and widely shared political theory held that a republic could not adequately serve a nation, as large as the United States. It would not be possible for the legislators of a large republic to remain in touch with the people they represented, and the republic would degenerate into a tyranny inevitably."
Abstract In this paper the author centers on the symbols adopted by a group or nation whether it be for good or bad. He uses examples such as the swastika and yellow smiley face and how when these symbols are seen they influence our attitudes and existence.The author continues with a history of the Confederate flag from its inception until its demise. The paper concludes with the author's own personal opinion of what should be done with the Confederate flag.
From the Paper "Indeed, those responsible for the act do so despite vehement opposition from all corners of society. Their actions seem irrational and almost childish in this era of emphatic political correctness and sensitivity to the plight of discriminated minorities. When such great measures are being taken to redress the wrongs of four centuries worth of prejudiced subjugation, this seems to be a giant step backwards. The modern American prides himself on his democracy and fairness towards all; why then must some revel in the archaic heritages of backward thinking?"
Tags: social, union, constitutional, rights, law, state, federal, world
Abstract This paper explains how the US Declaration of Independence and the US Constitution had different purposes and reasons for their respective creation. The paper discusses how the Declaration of Independence was more ideological and philosophical than the Constitution while the Constitution is detailed and lacks any kind of emotion or propagandistic qualities. The writer relates that he favors the Constitution's ideology over that of the Declaration of Independence, since the Declaration is fundamentally unsuitable for a government foundation while the Constitution is arguably one of the most successful, if not the most successful, political doctrine.
From the Paper "When analyzing the Declaration of Independence and the Constitution, it is clear that there is a difference in ideology between the two. The two documents had different purposes and reasons for their respective creation. The Declaration of Independence is a protest against the tyranny of the British monarchy and a basis for revolution. The Constitution, however, does not allow for revolution and creates a liberal government for the purpose of stability. The Declaration was created in response to events that had oppressed the colonists and inspired them to overthrow their aggressors (Jayne)."
This paper discusses the political, economic and social conditions in America that created the need for a strong federal government in early America and led to the eventual ratification of the United States Constitution.
1,350 words (approx. 5.4 pages), 2 sources, 2006, $ 53.95
Abstract This paper explains that the Articles of Confederation allowed states the ability to create their own laws and govern citizens prior to the ratification of the constitution. The paper also discusses the weakness of such a system, pointing out that under it federal authority was very weak and failed to unify the states, regulate taxation or control commerce. In the years previous to the ratification of the US Constitution, the country was experiencing rebellion and the growing tensions and unrest in the states was creating a sense that the nation would experience destruction if action were not taken. The paper further explains that because of these conditions, the concept of altering the framework for the nation was proposed and supported by federalists who were all of the wealthiest Americans. These individuals contended that there had to be strong federal government that would serve as a universal body over the states and control how the nation functioned economically, militarily and through law.
Abstract This paper examines the historical development of the U.S. Constitution by briefly reviewing the character and motivations of the founding fathers, the ratification process, and the amendment process. An opinion is offered at the conclusion of the paper regarding the intentions of the founding fathers.
From the Paper "The founding fathers formed the Constitution as a means to form a government which upheld the principles stated in the Declaration of Independence. This document provides the people with a number of powers such as individual rights and inherent freedoms. The Constitution also provides for a balance between Federal and State powers. The Nation's founding fathers also had the foresight to implement a constitutional amendment process, realizing there would be a need to make changes to the Constitution in the future, as the country grew. Since the Constitution was drafted there have been changes that allowed for equality for all citizens of the United States (INDUSTRY GROUP 91, 2002)."
Abstract This paper defines the doctrine of eclipse and its relationship to the Indian Constitution. The author points out that, by virtue of this doctrine, the legislature can simply revive an inconsistent pre-constitutional law by amending the Constitution. This results in legislative inertia. Thus, the paper concludes the doctrine largely benefits the executive and not the people.
Table of Contents:
Introduction
Nature and Scope
Research Questions
Doctrine of Eclipse
Applicability of Doctrine of Eclipse with regard to Post-Constitutional Laws
Article 13(1) is Not Retrospective
Distinction between Unconstitutionality from Lack of Legislative Competence and from Violation of Constitutional Limitations on Legislative Power
Distinctions between Article 13 (1) and 13 (2)
Supreme Court Decisions which point out the Distinctions between Articles 13 (1) and 13 (2) of the Constitution Distinction between Voidness in the case of Pre-Constitutional Law and Post-Constitutional Law
Amendment can Revive a Pre-Constitutional Law but not a Post-Constitutional Law Declared Invalid
A Critical Analysis of Doctrine of Eclipse
Conclusion
From the Paper "The amendment to the Constitution can revive pre-Constitutional laws if it removes the inconsistency associated with that law. This is by virtue of the application of doctrine of eclipse on pre-Constitutional laws which were not still born and would exist though eclipsed on account of the inconsistency to govern pre-existing matters. In the case of post-Constitution laws, they would be still born to the extent of the contravention. This would mean that the doctrine of eclipse is inapplicable in this case. There is no scope for the revival of a post-Constitutional law by an amendment of the Constitution."
State constitutions tend to show deviation from the structure of federal rule maintained by the U. S. Constitution. In the case of the Nevada State Co...
675 words (approx. 2.7 pages), 2 sources, 2005, $ 26.95
Abstract The paper explains how state constitutions tend to show deviation from the structure of federal rule maintained by the U. S. Constitution. The paper describes how, in the case of the Nevada State Constitution, there is ample evidence that this document sets forth a policy of law that is far more democratic in tone and in application than the constitution. The paper further discusses how there are strong similarities between the two documents, both, for example, stress the rights of the citizenry and even focus on issues such as the right to assemble and a citizen's ability to refuse to quarter other citizens in their homes upon order from the government.
From the Paper "It is generally understood that the United States is built upon the principles of democracy, in which the majority consensus of the citizens helps to define the shape of issues or elections. However, in assuming that the Constitution - the document upon which such practices are founded - is inherently democratic is only partially accurate. Indeed, it has been frequently argued that the U. S. Constitution is representative of the rule of law from a federation as opposed to a pure democracy; in a federation, elections occur among the majority of the citizenry but this process results in elected officials who then determine the direction of the country. In short, a federation transforms a democracy from the rule of the many back into the rule of the few, with the "few" in this sense being the elected officials selected through an elections process."
Explores constitutional issues in racial profiling and discrimination in the wake of 9/11. Examples of profiling are derived from general minority experiences and specifically Arab/Muslim discrimination after 9/11.
2,200 words (approx. 8.8 pages), 4 sources, 2001, $ 68.95
Abstract This paper presents a detailed examination of racial profiling. The writer addresses four scenarios and argues for or against their legal and moral foundation based on the 14th amendment of the United States Constitution. In addition to the writer's belief regarding each scenario, we are given key elements of the opposition's argument and the writer's rebuttal to that opposition.
From the paper:
"Following the attacks on America September 11, 2001, there were cries for revenge throughout the nation. Anyone who looked Muslim was endangered as Americans took their anger to the streets. Following the attack there were several instances in which pilots refused to fly planes until Muslim looking passengers were removed and angry residents threatened those who looked like one of "them". The initial rage died down and in its place we were given many new security measures that we have been told are for the good of national security. The measures boil down to legalized racial profiling in some cases. Racial profiling is not a new event. It has been around for many years. Racial profiling goes against everything the constitution of this nation stands for; yet in light of the attacks in New York, Americans are less vocal about it then they have been in the past. Now, instead of denouncing all profiling as unconstitutional and wrong, we find ourselves looking at individual profile scenarios and holding them against the constitution to see if we can slide them through. We have entered a new world since the attacks. It is a world in which we are trying to walk a much thinner line between protecting the safety of those who live here and protecting the constitution."
Tags: racism, profiling, 9/11, constitution, Blacks, Arab, Muslim
Abstract This paper looks at the origins and objectives of the European Union's Constitution. Some of its shortcomings are explored, and the complications and difficulties that have arisen as a result of the constitution are also studied. The paper also looks at the legal implications of creating a European Constitution with respect to implementation, the appeals process, and dispute resolution.
From the Paper "The civil justice system in the United Kingdom is based on the precedent of common law rather than the "code Napoleon" of France and other European countries. In many ways, this has made it extremely successful: Hernando de Soto and others have commented on how the nature of private property had first been enunciated properly in the English-speaking word, and how civil institutions such as consumer lending were soon to follow. To many, the English system is a model for the world. However, the current system has developed internal complexities, which make it unintelligible to the layman."
Abstract This paper explains that, in the ratification debate over the Constitution, Madison's perspective appears more persuasive because it is clear that his observations concerning selfish and ambitious human motivations and inherent character weaknesses are accurate. The author points out that Madison felt that the Constitution must address these issues and establish safeguards against them. The paper relates that protecting the citizenry from governmental abuses of power caused by ambition, political faction, and human motivations and weaknesses could only be achieved by the constitutional measures Madison supported.
From the Paper ""Gentlemen of this convention, I stand before you as an advocate of the Constitution, and submit to you that it must be ratified if this nation is to truly attain the ideals of freedom and self-government that we all fought for with such dedication during the War of Independence." A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. Such advice is still relevant, for precautions against government power is the only effective way to preserve the rights of citizens. (Madison) The separation of power established by the Constitution will preserve us from the danger of factions, for ambition must be made to counteract ambition."
