Essays on American Constitution

Steve Dedmon, a member of the State of Florida wants to use the Quran instead of the Bible as stipulated in the US constitution as the text with which he will affirm his Oath of Office to House of Representatives. House Rule 1.01 states that the only text recognized for swearing in a new member is the Bible. Should a person use a text other than the Bible, he would be barred from performing any function of the House.
Relying on the case of Powell et al v. McCormack, the members would be stopped from excluding Dedmon from sitting Continue reading...

The American revolutionary war officially came to an end in 1783 after Paris Treaty, and there was a growing discontentment and frustration with the articles of confederation. There was a growing desire for reforms to replace the confederation, which was expressed by General George Washington in writing after the end of the revolutionary war. Even after the war, there was an observation of growing disillusionment, characterized by an intense political environment in the 1780’s. During the period under the rule of the articles of confederation, the founders of the nation were undermined in their creation (Behn, 2014). The Continue reading...

Law 4900

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Introduction
In the United States (US), the judiciary holds the authority to conduct constitutional decision-making, in which they interpret the US Constitution accordingly whenever they confront specific cases that involve its provisions. There are at least three approaches to constitutional decision-making: originalism, living constitutionalism and minimalism. Each of the three approaches of constitutional decision-making have different ideological bases – originalism deems the meaning and intent of the framers of the US Constitution as important, living constitutionalism takes into consideration the various societal changes and minimalism emphasizes the importance of case-specific interpretations, being perhaps the most moderate approach. While Continue reading...

Introduction

The principle of democracy and promoting the rule of law are two aspects modern constitutions seek to achieve, whether at state or federal level. Democracy connotes majority consensus on the part of the citizens in defining and shaping key issues. It would be inaccurate to assume that the American constitution is inherently democratic (pure democracy for that matter). Essentially, elections are carried out by the majority of the citizenry who choose officials (Chiappinelli, 2007). These officials are given the responsibility of determining the country’s direction. This way, democracy is transformed from the determination of many to where few Continue reading...

The Constitutional Convention was one of the major political events in the history of the United States of America. It took place in Philadelphia from May 23 to September 17 of 1787 where delegates met to brainstorm on the weak links in the central government that were present under the Articles of Confederation. The remarkable Convention is largely known to have been the brainchild of the present US Constitution, a constitution that has made USA the most admired and stable democracies globally. The delegates met to amend the Articles of Confederation that presented a wide variety of challenges to Continue reading...

Introduction

Birthright Citizenship Act deals with an individual’s acquirement of US citizenship because of his or her birth on the American soil. The issue of American citizenship is a subject of US federal law. Citizenship clause under fourteenth amendment of the American constitution deals with the US citizenship. This law provides US citizenship to everyone who born on the American soil. A large number of Americans including various congressmen believe that this law should be amended. Birthright citizenship Act has been introduced several times in the US congress in order to amend the original Act.
Birthright Citizenship Act has Continue reading...

Constitutional Convention

Constitutional Convention of 1787 was a significant day in the history of the United States. Constitutional Convention set the future course of action for the national and state governments in the United States of America. Diverse factions and delegates from federal and state governments participated to formulate a constitution for the United States. Different factions represented at the Constitutional Convention with wide difference over numbers of issues, however, they all overcame the difference and finalized the American Constitution at the Constitutional Convention.
American Constitution has been the foundation of the United States government for over two centuries. It defines Continue reading...

The United States of America was among the first countries to enact a written constitution in the world. The US constitution, which was enacted in 1787, is the supreme law of United States and binds all states and state’s organs together. Article four and six of the United States Constitution creates the doctrine of federalism from which the fifty states draw their power and legitimacy.
The Sixth Amendment of the US Constitution is remarkably similar to Article six of Maine State Constitution. They both state what the rights of accused persons are. The US constitution in the Sixth Continue reading...

Langston Hughes in his poem “Let America Be America Again” paints a picture of an America that is a deprivation of the ideal people have about it. He mentions that America has never lived up to this ideal, but that he is dedicated to it becoming that ideal. He writes, “America never was America to me, /And yet I swear this oath— /America will be!” The poem is as much a wish of how Hughes wants America to be but sees that it is currently not. He writes, “Let it be that great strong land of love /Where never Continue reading...

Slavery is one of the oldest kinds of social relationships on the Earth. It was the norm in ancient Greece and Rome. And it came to the coasts of America in the early 17th century. Supporters of slavery had lots of arguments in defense of their position. First of all, the law was on the side of the slaveholders. According to the supporters of the chattel slavery, the US Constitution did not prohibit slavery and even allow it. The Fifth Amendment to the US Constitution guarantees a person that he or she would not be deprived of property without Continue reading...

It has been always been a common topic of discussion whether United States of America is a Christian country or not. People consider America as a Christian country because a large of Americans believes in Christianity. This paper intends to discuss and examine whether United States of America is a Christian country.
Christianity is the largest followed religion in the United States of America. Almost 70 people believe in Christianity but there is no any discrimination in the society on the basis of religion. Nobody bothers about who is Christian and who is Jews. Everyone is free to believe Continue reading...

Introduction

The federal government of the United States is consisted of three branches; legislative, executive and judicial. The powers of the legislative branch are listed in Article I of the US Constitution, the powers of the executive branch in Article II of the Constitution and the powers of the judiciary in Article III of the same. Founded on the principle of Federalism, the government of the United States is divided into two sovereign powers; Federal Government and the State Governments. Under Federalism, both state governments and the Federal Government have separate and concurrent powers. The founding fathers of the US Continue reading...

Book Review on

This book review has been written by Name of Student of Class of Student of Name of College on Date of submission
The book” How Democratic is the American Constitution” is written by Robert A. Dahl's who is a political scientist and teaches political science at Yale university. He is author of many books on political science and other text books, and has earned many honors and awards as an author. The book was published in 2001 and covers a discussion on the undemocratic elements of American constitution. The author has highlighted the continuity in development of democratic practices Continue reading...

The United States Constitution, the most conspicuous of all the founding documents, the US Constitution, although it was a founding document, was also the product of pre-existing schools of thoughts and philosophies stemming from a change in framework for understanding the rights of individual citizens and the role of government within a society. This essay explores the founding principles and traces the origin these ideas traveled in becoming pillars of the US democracy.
The Constitution can be broken into three constitutions. (Franklin, 405). Mitchel Franklin, traces back, influence or Roman law within the US constitution by way of the Continue reading...

Introduction

NEW YORK v. BURGER, 482 U.S. 691 (1987) 482 U.S. 691 is a leading case on the American criminal justice system. This paper intends to discuss the abovementioned case in detail along with the facts, issues, and findings of this case.

Brief Facts

Brooklyn based Respondent used to own a junkyard. He was in the business of dismantling automobiles and selling the dismantled parts. Police Officers of New York City department suspected his business and rushed at his premises on 17th November 1982. Police officers were in civil dress, and they wanted to conduct an inspection of the premises. Police officers Continue reading...

Question 1

The US is a federal constitutional republic consisting of fifty states under the leadership of the president. Certain amount of power is disseminated from the national government to the lower levels of government that are in every single state. Basic documents play a domineering role in describing the political system of the US. Since the declaration of independence in 1776 that declared the US to be a politically autonomous unit and the constitution founded in 1789 that led to the adoption of a federal government, the US political model has greatly transformed and acquired a face that is totally Continue reading...

“How Democratic is the American Constitution?” is one of Robert A. Dahl’s latest works. In his nook, Dahl delves deeper into the complexities of the process and the ideals of the framing of American democracy. Although most Americans view the American Constitution as a beacon of democracy that came about in the most methodical manner, however, Dahl reveals to his readers that this is not the case. Dahl’s book begins by posing the abiding question that is the book’s title as well, and Dahl also goes on to ask Americans why they should uphold the American Continue reading...

Section 1: US Government

When the US constitution was set up, the founders divided the new government into three co-equal branches of government: The Legislative, the Executive and the Judicial. Each was given separate areas of responsibilities, that were designed to make the branches work together to govern the county. The idea was that no one branch would grow to dominate the other two. To make sure that didn’t happen, the founders built a system of checks and balances into the constitution. This system consists of a series of powers that each branch has over the other two, to prevent any one Continue reading...

Abstract

The paper is dedicated to amendments to the Constitution of the United States. The work focuses especially on the Bill of Rights, i.e. the first ten amendments of the Main Law of the country. It includes the analysis of the first amendment. The attention is also paid to the Bill of Rights itself, its structure and some historical peculiarities. Further, the other important amendments to the US constitution are analyzed. The paper highlights the significance of the 13th, 14th, 15th and 19th amendment and their role in shaping of the constitution. Finally, the work provides an insight into the Continue reading...

Introduction

The imperfectness of modern law system has influenced not one citizen of the United States of America. Employees are the ones, who suffer the most from the disadvantages of the labor law of the country. The point is that in most cases, it is difficult to prove something. The employers are clever enough not to write their promises down. Hence, it is difficult to prove something.
This case analysis is devoted to one of such cases. The essay will be divided into several parts. In the first part, I will outline the case background. It is significant to know Continue reading...

Introduction to American Government: Chapter One

I am interested with chapter one on the United States constitution because its offers a thorough analysis on the content of the America constitution. The chapter analyses the importance of the constitution in American development. Some of the key milestones in the making of the constitution are also clearly described in the chapter. The chapter also takes note of the importance of the constitution in enhancing unity and development in the country. In addition to this, the constitution explains the role and contribution of all the parties in the country’s social and political progress. The analysis of the Continue reading...

Introduction

Public safety is a significant part of every society life. To be happy, people need to feel safe. Moreover, safety s one of the stages in the Maslow’s hierarchy of needs. On the contrary, every individual has rights. I some cases, public safety and individual rights conflict with each other. This essay is aimed at researching the issue of relations between public safety and individual rights. The essay will be divided into four parts. In the first part, I will research the issue of statutory authorities and responsibilities of government officials, security personnel, and private citizens. The second Continue reading...

Introduction

The federal government comprises of three main bodies i.e. the legislature, the judiciary and the executive arm of the government. It helps to ensure the smooth running of the social, political and economic aspects of the nation. This paper gives a brief history about the development of the federal government in the nation besides exploring the different branches of the government.

History of the system

The American constitution of the 1987 created a system that counterbalanced interests, powers, and ambitions. Majority injustices and the popular disturbances disturbed James Madison, one of the founding fathers of the federal government in America. While concerned by Continue reading...

Constitutional Conflicts between the US Executive and Legislature

The framers of the American constitution created a document which ensured that no dictator would rule the country. The founding fathers guaranteed this by mapping out various the arms of the government. Each arm of the government has its own responsibilities, such that no arm is subservient to the other. However, in an attempt to provide enough checks and balances for the presidency, the constitution creates instances whereby the functions of the president and those of the congress overlap. In such circumstances, the unclear separation of power has led to frequent fights between the congress and the presidency. The Continue reading...

In Carol Berkin's book A Brilliant Solution: Inventing the American Constitution, the personalities and attitudes of the men who penned the Constitution are examined in detail, looking at the events in chronological order and checking into the various interpersonal dramas that took place around this time period. Berkin does a tremendous amount of research and homework in order to bring to life the emotions and feelings that were experienced by the Founding Fathers at the time of the ratification. This leads to a book that is heavy-hitting, thorough and dramatic in its telling of the beginning of America as Continue reading...

Introduction

In the history of the United States of America, there have been many cases when the Constitution of the country has been violated. One of the most significant cases, regarding the issue of violating the Constitution of the United States of America, is the case Schenck vs. United States. The case was heard on the third March, 1919. This essay is devoted to the analysis of the case. The essay will be divided into several parts. The first part will be devoted to the issue of the case. In this part, I will outline the main peculiarities of the Continue reading...

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Various political analysts, media and American citizens have categorized American presidents as heroic, imperial or post imperial on the basis of their actions and decisions. American presidents have received such tagging because of their relation with the US congress and their way of decision takings. Many Americans consider President Obama as imperial because of his actions and decisions that he has taken after being the president of the United States of America. One of the biggest reasons of Obama’s image is because he has ignored the US congress while taking a number of crucial decisions (Bardes et Continue reading...

Federalism can be defined as the process or act of sharing power between two or more entities with authority over the same people and in the same geographical area. In the United States, federalism is the DISTRIBUTION of power between the federal government and the state governments. It is regarded as the most innovative concept in the history of America’s constitution, although the word federalism does not appear anywhere in her constitution. A democratic government is a system of governance in which the supreme power is vested in the people, and it is exercised directly by them or Continue reading...

Sources of Power of the President of the United States (US)

Presidential Power According to the Constitution
The Constitution of the United States (US) categorizes the powers of the President into the following: military, diplomatic, executive, legislative and judicial. The President holds the highest position in the military, the commander-in-chief. As the commander-in-chief, the President has great control over the military and is therefore entitled to command respect from, and impose his authority on all officers and officials. Therefore, the President, in his capacity as the commander-in-chief, has the power to direct the military towards protecting the state, especially against invasions and other threats to national security (Ginsberg et al. Continue reading...

The controversy surrounding the right to bear arms or the freedom the bear guns dates back to the 1840s in the United States of America (Halbrook, 125). Americans started the practice of owning guns back when the colonialists set foot on the American soil. The right to bear guns by individuals has been labeled the most controversial issue in the political arena of the United States of America for quite a number of decades today. Studies in the year 2004 on this topic established that more than sixty percent understood the owning of a gun within the home as a constitutional right. Only about forty percent were in favor of stricter gun possession laws. Those in favor of the gun ownership right refer to the second amendment to the federal constitution of the United States of America. The right to possess fire arms should be granted to the citizens of the united states of America for a number of reasons, chief among them: self defense, effective community policing, responsibility among citizens, psychological factors of crime prevention, betterment of security and most prominently, because bit is implied in the American constitution.

Continue reading...

Religion, or belief in a god or multiple gods as well as belief-related activities, such as praying or worshipping, has various and history-motivated established manifestations in different countries. Religion has existed for centuries, starting with the holy antiquity, and reversed its direction due to a number of reasons ever since then. Religion in Europe changed its course from being politics-oriented to being apolitical, maintaining neutrality, granting political power its much needed laicized status after centuries of the Holy Inquisition and de facto governance of secular affairs. The USA, the country founded by puritan pilgrims seeking opportunities to freely exercise Continue reading...

US Constitution makers imagined a constitution that protects the rights of its citizens. Constitutions should protect the rights of citizens but some provisions should also be made to deal with ay untoward situation and in order to maintain law and order in the society. Constitutions of almost every country give some rights to governments in order to deal with unrests that take place in society due to several reasons.
Such powers are known as coercive powers. This paper intends to discuss coercive powers with a special perspective to examine its relevance in United States of America along with discussing Continue reading...

The Philadelphia Convention 1787

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The United States came into existence when thirteen countries on the Atlantic coast jointly rebelled against the colonialism policy of an empire where sun used not to set. The British had to face strong aggression from North American colonies against the promulgation of various acts and political and economic expansion on the American hemisphere. The independence was declared on July 4, 1776 and prominent personalities among the founding fathers George Washington, Alexander Hamilton, Thomas Jefferson and James Madison took charge of the new born confederation of United States of America. George Continue reading...

Introduction:

American Constitution was not a result of a day's effort. There were a lot of discussion, debates and compromises which went into the making of a viable US Constitution. The founding fathers of American democracy were invariably influenced by the political ideas of some all-time great philosophers including John Locke, John Winthrop and Thomas Paine. Divided on the distribution of power among a central governing body and state governments, Federalists and Anti-Federalists too are mere reflection of the ideas propagated by these three philosophers. In order to know more about the political ideals of these forefathers, I would highlight Continue reading...

Abstract

Despite many similarities, the American Political system seems relatively better than the British Political system. The American constitution is a system of checks and balances while UK does not have a constitution. The American Senate has the power to resist the decisions made by the Presidency. On the contrary, the British House of Lords does not have such powers. The British House of Commons is all in all but the American House of representatives has to share equal powers with the Upper Chamber. The three pillars of the American Confederation are sovereign and perform their duties and functions as Continue reading...

Habeas Corpus, Explained

According to Fallon and Meltzer (2007), the writ of habeas corpus serves as a protection against unlawfully made arrests. The US Constitution states that it “shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it” (U.S. Const. art. I, § 9). Therefore, habeas corpus serves as a remedy against unwarranted arrests stated under the US Constitution and it shares relevant connections to other constitutional civil rights protections.
The use of habeas corpus is highly relevant to other civil rights such as fair trial and due process. Under the Continue reading...

Question a (1)

The first amendment of American constitution guarantee its citizens the right to freely participate in their religion., the same constitution also forbid the government from approving a law that favors particular religion, setting up a command of severance of the state and church (Stephens, & Scheb p. 408). The first right give individuals the freedom to practice and enjoy their religion at liberty with no interference. The American Supreme Court has struck down all legislations that restrain its citizens from participating in their religion. The American court held that it is unconstitutional for Amish children to attend schools till the Continue reading...

Freedom of speech, also known as freedom of expression, can be defined as the freedom to express oneself without censorship. The freedom of expression is considered as the core or cornerstone of all the democratic rights and freedoms. This is because it formed the basis of all other human rights, since it was in existence before any other human rights were put into practice. As a human right, freedom of speech is now recognized in the Universal Declaration of Human Rights, under Article 19 of the declaration. The right to freedom of speech is also recognized in the International Continue reading...

Introduction

The provision of the right of the citizens to participate equally to the processes of the government is what we know as democracy. Giving the recognition to public participation is one way of showing to the people that their voice matters and that the government values their insights. However, there are countries in the world that do not believe in democracy and so they have been governing their respective territories with other political ideology. Some would subscribe to the implementation of federalism, communism, socialism, capitalism and such. Though they have been subscribing to such ideologies with enough reasons behind, Continue reading...

The period between 1777 through to 1791 proved significant to the US history owing to the various constitutional changes that shaped the constitution to be what it is today. The meetings and discussions of the Continental Congress realized the need to created written rules. The result was the Articles of Confederation that was drafted and passed by the Continental Congress on 11th November, 1777. The Article of Confederation created the functions of the national government (US Department of State - Office of the Historian). However, the article created a weak central government that prevented most individual states from exercising Continue reading...