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A Constitutional Catastrophe: The Meanings and Origins of Catastrophe, 2000.
A look at the evolution of the use of the word "catastrophe" since the 16th century.
1,490 words (approx. 6.0 pages), 3 sources, $ 49.95
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Abstract
This paper was written for an English class in which we had to research the meaning and the origin of an English word.
From the Paper
"It was not until 1579 that catastrophe first appeared in written English. British poet Edmund Spenser[1] in his poem entitled ?The shepheardes calendar? first used catastrophe in the sentence ?this tale is much like to that in Aesops fables, but the catastrophe and ende is farre different.? According to the Oxford English Dictionary the first meaning of the word catastrophe in English, as used in the quote from Spender?s poem, was ?The change or revolution which produces the conclusion or final event of a dramatic piece.? Over time the word catastrophe grew in usage, but while there were slight changes in its meaning, the word still has the same meaning today as back in 1579."
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Constitutionality of the Draft, 2005.
Argues that the original intention of the US Constitution's founders was not to conscript ordinary citizens into the military.
5,620 words (approx. 22.5 pages), 15 sources, MLA, $ 136.95
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Abstract
Conscription is often believed in principle to be either wrong, unnecessary, or both, or necessary under certain circumstances and therefore morally permissible due to them. There has also been extensive argument over the question of how exactly the clauses of the Constitution that relate to military powers and their foundations in the branches of government should be interpreted. The paper shows that this question logically leads to the examination and assessment of the intentions of those men who actually conceived of and wrote these clauses. At first, one might assume that the Framers never considered the prospect of a military draft in the United States, since its first instance in this country occurred over 70 years after the ratification of the Constitution. The paper argues that although we will never know for sure the true original meaning of the Constitution's language, there is an abundance of evidence that strongly suggests that the Framers never intended to institute a general conscription of ordinary citizens, and even that they were expressly opposed to and made efforts to guard against the implementation of conscription. The paper further argues that by using the evidence we possess of the Framers' intentions to interpret the Constitution's clauses concerning the military, as well as supporting background evidence from the time period, only one conclusion can be reasonably drawn: By applying a standard which focuses on the original meaning of the Constitution as the Framers intended it, the United States military draft cannot be considered constitutional.
From the Paper
"It appears, then, that Holzer would also likely agree that underlying the formation of American political thought in the independence and post-independence era is the philosophy of John Locke and his social contract. This contract is made possible by citizens who voluntarily give up some of their natural rights in order to enjoy an even better set of rights in a political community. These concepts are themes that we see in both the Declaration of Independence and our Constitution, which provide for the government protection of life, liberty and property that Locke advocated. This fact becomes important to the question of the constitutionality of conscription when we consider that the draft "contradicts this element of liberal democracy by demanding the possible sacrifice of one's life for one's country.""
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Constitution Comparison, 2002.
A compare and contrast analysis of the U.S. Constitution with the Indiana Constitution.
826 words (approx. 3.3 pages), 3 sources, MLA, $ 29.95
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Abstract
This paper discusses the differences between the constitution of the United States of America and the constitution of the State of Indiana. One is a federal constitution that encompasses the general backbone of the legislative, judicial and federal system of the nation and the other abides by the general constitution along with running a constitution of it?s own for the stability and prosperity of it?s own populous. It examines the differences and similarities in structure and organization, how both constitutions respect and protect the right of its civilians and the different views on civil rights.
From the Paper
"The sphere that marks the end of the US constitution and the beginning of the Indiana constitution is when the general principles and articles that apply to the whole country end and a more microscopic view to the general principles are developed to suit the temperament of the people. For e.g. according to the Indiana constitution (Article 1 section 3),?That all men have a natural and indefeasible right to worship Almighty God, according to the dictates of their own consciences: That no man shall be compelled to attend, erect, or support any place of Worship, or to maintain any ministry against his consent: That no human authority can, in any case whatever, control or interfere with the rights of conscience: And that no preference shall ever be given by law to any religious societies, or modes of worship; and no religious test shall be required as a qualification to any office of trust or profit.?. While the same right of practicing one?s religion and the rituals in it were conservatively disregarded by the American Supreme Court when in 1990 it ruled against two American Indians who religiously smoked peyote. The American perspective on many issues has been noted to be conservative."
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"Taking the Constitution Seriously", 2005.
This paper reviews Walter Berns' book "Taking the Constitution Seriously", which examines the philosophical foundations of the Constitution of the United States.
1,245 words (approx. 5.0 pages), 1 source, MLA, $ 42.95
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Abstract
This paper explains that Walter Berns writes in "Taking the Constitution Seriously" that the philosophical fundamentals, which were infused into the Declaration of Independence, were directly responsible for the ultimate form the Constitution of the United States eventually took and for the moral perspective of the nation that was created. The author points out that Berns dispels the idea of many historians who doubt that the founding fathers of the United States seriously included the notion of self-evidentiary, unalienable rights as a launching pad for the nation but rather that the importance of these rights to the United States grew only over time. The paper relates that Berns discusses the elemental principles that backed the Declaration of Independence's position of natural and self evident human rights as argued by John Locke and Thomas Hobbes.
From the Paper
"This broad perspective sets the stage for Berns' handling of the segments of society that were understood to be unworthy or unwilling to enter into the social contract of the United States. The Tories are the first subset of colonial society that Berns addresses. To him, they occupy a unique place in the discussion of constituting the people of the United States because they categorically opposed the premises of the United States upon philosophical or political grounds. He notes that many were loyalists to the crown simply for personal and economic reasons and others for religious reasons--like the Quakers but the most interesting, to Berns, are those who were dedicated monarchists. They first two subsets of Tories were somewhat assimilated into American society, but he implies that the exile of the third subset was essential to the continuity of the United States."
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"Origins of the Bill of Rights", 2002.
Describing the essence of Leonard Williams Levy's "Origins of the Bill of Rights".
2,130 words (approx. 8.5 pages), 4 sources, MLA, $ 66.95
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Abstract
This paper dicusses the topic of this book, which is precisely as the title suggests, an investigation into the origin of each of the ten amendments that collectively constitute the Bill of Rights as well as (to a less extent) an examination of why the Bill of Rights as a whole was a necessary addition to the Constitution to ensure that it would be ratified. It shows how Levy is concerned to some extent with explaining what is usually called "original intent", with providing us some insight on what was going on in the mind of the Framers of the Constitution when they chose these particular rights to be enumerated and not others.
From the Paper
"Describing the exact nature of Leonard Williams Levy?s Origins of the Bill of Rights is not as simple as it seems, and this is in fact a measure of the strength of the book. We are so accustomed to dividing the world into clear categories ? popular fiction on one side, serious scholarship on another, pulp fiction over there in the corner ? that we are given pause when we come across a book that cannot be so easily categorized. Our first impulse may in fact be to decided that this means that there is something wrong with such a book, that the author has failed in his (in this case) attempt to produce a particular kind of text."
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Texas - A Good Constitution?, 2006.
An analysis of the the Constitution of Texas and how it compares to other state constitutions.
2,791 words (approx. 11.2 pages), 9 sources, MLA, $ 83.95
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Abstract
This paper discusses the Constitution of Texas. The paper also discusses the factors that influenced the creation of the Texan Constitution and points out that it both differs and resembles other state constitutions. The paper then attempts, through a close examination of the Texan Constitution, to determine whether those differences are positive or negative.
From the Paper
"But why these major attempts to re-write the current Constitution? As described in brief, the governor of the State of Texas is one of the least powerful of all American state governors. The strict limitations placed on the exercise of gubernatorial power means that there is no single, strong hand that directs the state administration. Power is divided among the governor and other elected officials, creating the unusual situation of a plural executive. The State is like a ship with several captains, each vying for control, each attempting to set the course of the vessel. It is easy for these officials to agree only on the most basic and straightforward of ideas and policies. The dividing up of the executive limits the chances that any one official will assuming absolute control, but it also works against any dramatic change - no matter how sorely needed. In effect, the entire Texas executive is an assembly; an assembly without any clear leader."
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The American Constitution, 2005.
This paper discusses the American Constitution as a living, evolving document, from guaranteeing the right to enslavement in the 18th century, to modifications in favor of freedom of slaves in the 19th century.
1,625 words (approx. 6.5 pages), 3 sources, MLA, $ 52.95
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Abstract
This paper explains that Frederick Douglass' argument, which characterized the American Constitution as an anti-slavery document, divided between free and slave states and territories, does not stand up to sustained legal and historical analysis of the original text of the American Constitution, as signed after the Constitutional Convention, and before the passage of the Emancipation Proclamation. The author points out that the first Constitution clearly was not an anti-slavery document, rather it functioned as the founding of a republic not a democracy, with a dim view of factional interests, including the rights of both slaveholders and slaves. The paper relates that the defenders of the American Union such as Abraham Lincoln used the Constitution to create an anti-slavery position leading to the passage of the Emancipation Proclamation.
From the Paper
"Slavery, Douglass stated, deprives an individual of his or her dignity, deprives an individual American of the right to dispose of his or her person as he or she sees fit, and lastly deprives a potentially educated American citizen of the right to read and to obtain an education, even if he or she possesses the intellectual capacity to do so, and thus is a violation of the principles of American democracy. Douglass demonstrates that even marriage becomes corrupt in the enslaved states, a mere institution of breeding rather than of Christian love as it ought to be for, "slavery provides no means for the honorable continuance of the race.""
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The United States Constitution, 1992.
An examination of the philosophical and structural foundations of the Constitution. Special attention is given to the Constitution's authors and critics and to the ideas of Federalism and Anti-Federalism.
2,925 words (approx. 11.7 pages), 6 sources, $ 103.95
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From the Paper
"Introduction
The shape of the U.S. Constitution as it was developed at the Constitutional Convention in Philadelphia was certainly influenced by such factors as the colonial experience, the revolt against British rule, and the failure of the earlier Articles of Confederation. Yet, the ideas embodied in the Constitution had been taking shape for some time before any of these elements had come into being. Indeed, 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. The colonists had fled Europe precisely to avoid many of the legal features against which the Constitution would be written, such as..."
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Constitution of Texas, 2002.
A discussion of the flaws in the Constitution for the State of Texas and a comparison with neighboring states.
1,416 words (approx. 5.7 pages), 2 sources, MLA, $ 47.95
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Abstract
This paper examines how there is a never-ending debate over which amendments of the constitution of Texas need revision, either partly or completely. It looks at how the constitution of Texas was adopted in 1876 and since then has been revised 377 times and how because of this, in many ways it is considered ridiculous, outdated and often proves to be trivial and sometimes unworkable. It discusses how the constitution of Texas is basically far longer than any other constitution of the United States and contains huge unnecessary details and since it has been revised so many times, contains sections that are now meaningless. It analyzes how the continual change in the constitution only indicates the failure of the state to implement laws that are more realistic.
From the Paper
"Alabama, Colorado and Texas are all affected by this amendment which has undergone frequent revisions because the citizens of the states are not happy with the changes and fear the affect it would have on the state on a long-term basis. Many oppose the amendment of Section 49 of Article III, because they fear it will destroy the smaller units of the government, stop highway expansion and will make the state go into heavy debts since it might be unable to backfill the revenues lost to the local government bodies. Some also believe that it will cause the service districts, local governments and the date governments to fail since the state cannot spend more than 6% annually. This makes continuous backfilling impossible. The complete effect of this amendment in all three states will be disastrous because they will not be able to spend money on any of the services required by their constituency."
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EU Constitution, 2005.
A look at the design of the EU draft constitution, its strengths, and its weaknesses.
2,924 words (approx. 11.7 pages), 6 sources, APA, $ 86.95
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Abstract
This paper investigates the details of the EU draft constitution. In particular, the paper seeks to critically evaluate the extent to which the draft constitution creates an institutional architecture that is both sustainable for the future of Europe and achieves an appropriate inter-institutional balance. The paper begins with a brief overview of the European Union and the nations that are a part of the entity.
Introduction
Overview of the European Union
Main Aspects of the Constitution
Opponents of the Constitution
Critical Evaluation
Discussion and Conclusion
From the Paper
"The architecture of the constitution is such that it does have the ability to grow and it also makes concessions for the addition of new nations into the union. In addition, the Union will be responsible for making decisions concerning the international community. This decision making ability will allow the European Union to make definitive decisions regarding support for military and humanitarian efforts throughout the world."
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The Proposed European Union (EU) Constitution, 2008.
This paper discusses the proposed European Union (EU) constitution, which failed to be ratified.
1,760 words (approx. 7.0 pages), 9 sources, MLA, $ 56.95
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Abstract
This paper explains that, with the impressive economic performance and harmony of the European Union (EU), it seems to be an excellent time to finally establish a constitution for this organization. The author relates that, in 2004, the 25 heads of state of the member countries signed a treaty establishing an EU constitution; however, each member country needed to approve it independently by their own national means. The paper describes that France and the Netherlands rejected this treaty through a referendum vote. The author points out that the most controversial aspect of the constitution was the creation of a foreign minister and a common foreign and defense policy. The paper stresses that, with the many diverse national interests of each of the 27 member nations, it is almost impossible to form a common foreign policy decision as exemplified by the drastically different policies for the war in Iraq.
Table of Contents:
Introduction
Major Points of the Constitution
Pro and Con Reasoning
Unpleasant Setbacks in France and the Netherlands
Future of the Constitution
Conclusion
From the Paper
"Many of the arguments for the constitution are outlined in the previous section discussing the contents of the constitution. As one can see, the argument for the constitution was based largely on making the EU a more democratic organization. Many of the pro camp also saw this as an opportunity to strengthen the European institutions in order to take on the many new member countries that were added in 2004. Furthermore, many believe that the main reason behind the constitution was to propel European unification even further."
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"On Reading the Constitution", 2002.
A review of the book "On Reading the Constitution" by Laurence H. Tribe and Michael C. Dorf.
1,217 words (approx. 4.9 pages), 1 source, MLA, $ 41.95
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Abstract
This paper looks at how the basis for American government and the American legal system is the U.S. Constitution. It discusses how although it might seem to be a simple document written in direct language, it has been subject to a wide variety of interpretations since the founding of the nation and how it is the task of the Supreme Court is to decide between different interpretations of the Constitution and its provisions. It shows how in their book "On Reading the Constitution", Laurence H. Tribe and Michael C. Dorf discuss what it means to "read" the Constitution and attempt to analyze what the document really means.
From the Paper
"The authors consider the history of the Constitution and what it says about the meaning that should be attributed to the document and the ways in which it should be read. They examine closely certain clauses in the Constitution to show ambiguities and ways in which different interpretations can be made of the same words. Examples from different cases are used to illustrate this fact, and an examination of the history of the Constitution shows how a given clause can be interpreted differently at widely separated times to turn the law one way first and then another way based on the same source. The authors also use a hypothetical situation to illustrate ways in which the Constitution might be read with reference to a question of federalism, showing how different clauses of the Constitution may conflict and how different interpreters may turn to one or another of the clauses for an answer. "
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The Origins of the Constitution, 2004.
Examines various sources of the United States' Constitution, from ancient Greek democratic thought to ideas from the Enlightenment .
2,900 words (approx. 11.6 pages), 6 sources, MLA, $ 85.95
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Abstract
When determining the true roots of the United States' Constitution, the paper shows that this great document is a conglomerate of Greek, French, and English political ideologies. First, the very heart of democracy lies with the ancient Athenians and their city-state, or polis, where all citizens were individuals and could express their thoughts and opinions freely. Second, the paper shows that, through the ideals of Montesquieu, the Constitution reflects the French face of democracy and obviously serves as the very bedrock for the document. Finally, the paper shows that the English Constitution bears some responsibility for the formation of its American counterpart, due to the opinions of Carter Braxton (1736-1797), a wealthy planter, Continental Congress delegate ,and signer of the Declaration of Independence, who argued that ?the best way to preserve liberty and stability would be to model the new government after the British Constitution?, which fortunately did not occur, and thus allowed the ?Founding Fathers? to employ their own principles as they evolved from the minds and works of those that came before them.
From the Paper
"But one of the most influential aspects of Athenian democracy which was later incorporated into the American Constitution was the idea of majority rule which symbolizes the principle that the interest of the group must prevail over that of the individual citizen when the freedom of the group and the freedom of the individual come into conflict. Thus, the Athenians assumed that the right way to protect democracy was always to trust the majority vote of free-born, adult male citizens without any restrictions on a man?s ability to say what he thought was best for his country and for democracy. And much like the political ideals associated with the ?Founding Fathers? such as Thomas Jefferson and James Madison, majority rule rested on the belief that the cumulative political wisdom of the majority of voters would always outweigh the voices of the minority, especially when such minorities exhibited certain eccentricities and irresponsible acts which on the whole might upset the democratic system."
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The Texas Constitution, 2007.
This paper examines the Texas Constitution, formed in 1876.
1,147 words (approx. 4.6 pages), 7 sources, MLA, $ 39.95
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Abstract
This paper offers a brief description of why the Texas Constitution of 1876 was enacted. The paper discusses the characteristics and outline of the Constitution, as well as the concepts of popular sovereignty, compact theory, limited government and separation of powers. The paper discusses how critics consider it unwieldy and restrictive and have made several unsuccessful attempts to replace it, yet the document continues to survive.
Outline:
Why the Constitution of 1876 was Enacted
Characteristics & Outline of the Constitution of 1876
The Major Concepts
From the Paper
"Texas joined the United States in 1845, following which a new Constitution was drafted that lasted until Texas seceded from the Union in 1861 at the start of the Civil War and adopted a new Constitution which prohibited the freeing of slaves besides requiring the State officials to take a pledge of loyalty to the Confederacy (Dye, 322). After the defeat of the Confederacy in the Civil War, the State adopted a new Constitution in 1866, which abolished slavery and repudiated the right of secession. However, "Radical Reconstructionists" in Washington pressured the Texans to adopt a more activist Constitution that reflected the ideals of the newly dominant Republican Party--to enfranchise blacks and to follow an activist social agenda."
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New York State Constitution, 2002.
The road leading to the creation of the first New York State constitution.
4,185 words (approx. 16.7 pages), 11 sources, MLA, $ 111.95
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Abstract
This paper explores the process that resulted in the first New York State constitution. It first looks at the events leading up to the formation of the constitution and then discusses specific elements with the constitution itself. The paper also examines the influence of the United States constitution on the New York one and various amendments which have been made.
From the Paper
"The creation of New York State?s first constitution in 1777 is steeped in a rich and intricate history, sharing the historical stage with United States Constitution, which was undergoing is own genesis. While the United States Constitution reflected the sentiments of the national population, the New York Constitution helped to cement the ideals of a people that were distinct from the larger order. Indeed, New Yorkers were a different breed, which was evident from the inception of statehood as many personalities came forth."
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