The Balance in the United States Constitution
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The paper relates that the U.S. Constitution and the Bill of Rights are designed to work in concert with one another in order to provide a balance between the divergent impulses which the Founding Fathers believed were necessary to construct a viable and fair state. The paper assesses the 1st, 4th, 5th, 6th and 14th Amendments to highlight the balance between the preservation of freedom and a strong central government, the protection of individual privacy and the demands for collective security, and finally, the desire to promote a system of mercy and the need to assure the terms of justice.
From the Paper:"With respect to the administration of Criminal Justice, the 1st Amendment is among the most important philosophical imperatives defining a nation and its people as free. In other words, its power is largely as a force restraining the degree of entitlement given to the government, the courts and law enforcement agencies in their interactions with the people. Its terms state that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." (LII, 1)
"This serves as one of the primary directives in the American legal value system, and is intended to curb the threat of a tyranny. The freedom to practice religion, to express one's political views or to create an artistic statement of originality are fundamental rights which cannot be impeded by police interference, court injunction or legal premise. For criminal justice administration, this does pose a challenge in terms of defining the point at which the exercise of such freedoms may verge on civil disturbance or my impede on the rights of others. An example of the ongoing constitutional debate which centers on the practical implications of protecting these rights while ensuring peace and order is how best to address the right of the people to peaceably assemble."
Sample of Sources Used:
- Legal Information Institute (LII). (2010). United States Constitution. Cornell University Law School.
Cite this Analytical Essay:
The Balance in the United States Constitution (2013, February 17) Retrieved December 03, 2020, from https://www.academon.com/analytical-essay/the-balance-in-the-united-states-constitution-152462/
"The Balance in the United States Constitution" 17 February 2013. Web. 03 December. 2020. <https://www.academon.com/analytical-essay/the-balance-in-the-united-states-constitution-152462/>