Instead, they wrote the United States Constitution, an entirely new plan of government. ... The Federalists were supporters of the Constitution. ... They defended the Constitution as vital to the nation's survival. ... They feared the Constitution did not protect individual rights and freedoms sufficiently. ... And the rest as they say .is history. ...
The constitution has been successful in protecting liberty at the most basic level. ... Constitutional protection of liberty arises chiefly from the power structure enshrined in the constitution. ... This virtue of the constitution should not be underestimated - in its relatively brief history the US has been home to a number of extremist groups, and crucially often with much popular support. ... In this example the constitution clearly is a hindrance to a progressive measure. ... It is often tempting to offer a critique of the constitution through European political values, criticising th...
Perhaps the most difficult aspect, however, of the Court's creation would be the reality that this Constitution in no way implied what the true "power" of the Court was outside of being capable of reversing or affirming state court decisions denying rights granted by treaties, laws, or the Constitution itself. Nothing within the Constitution exclusively states that the Supreme Court's opinion is superior to the state court's, and nothing within the Constitution states that the Supreme Court has the capability of judicial review on acts generated by the legislature. ... The bes...
The irony found here in American history is that the country gained their freedom and equality from Britain, and was now fighting the same war against them. ... Now the nation was found in a brutal state of war, which would eventually determine the course of American history (Neely,56). ... In such a time in American history, President Lincoln could not help but hope for brighter and more prosperous days as a nation. ... Therefore, the spirit of the Constitution could be said to be political liberty. ... The Civil War was, and still is, a very dark point in American History. ...
According to the Encyclopedia of Social History, the exact origins of the expectation and longing of individual privacy are unclear but key factors include the "waning power of community and, later, the reformation of family as a collection of individuals" (580). ... People who oppose more laws protecting the privacy of individuals most often turn to the Constitution for support of their opinion. They point out "privacy is not specifically safeguarded by the Bill of Rights or any other part of the Constitution" (Gottfried 9). Because it is not specifically mentioned in our country's co...
Chief Justice Marshall's ideals are set forth in the given quote as he explains the reasoning and need for vagueness in the Constitution (and therefore federalism). ... History has shown that the court turns to one of two definitions concerning federalism: 1) Dual Federalism; or 2) Cooperative Federalism. ... Chief Justice John Marshall, in writing the Supreme Court's unanimous decision, acknowledged that the national government was limited to powers enumerated in the Constitution, but stated that Article I also allowed the national government to pass such laws "necessary and prope...
The Louisiana Purchase and national health care legislation were two historic events in the history of the United States. ... (United States Constitution) Even preceding the Constitution, the Articles of Confederation stated that, "no other colony shall be admitted into, and entitled to, all the advantages of the union, unless such admission be agreed upon by nine states, (Everett Somerville Brown, The Constitutional History of the Louisiana Purchase) which reflects the historical intention of how new states should be admitted. ... Originally, he drafted an amendment to the Constitution...
In the most important judicial decision in U.S. history, the Supreme Court empowered itself to be the final authority on the legality of government activity. ... Marshall replies, "We'll see what the Constitution has to say about that. ... Second, Congress is bound to act under explicit or implied powers of the Constitution. ... The court held that Maryland violated the Constitution by taxing the bank, and therefore voided that tax. ... As a result, the use of the constitution as a back drops to uphold interest. ...
We as Americans take pride in red, white, and blue and live for our history. ... Since then America has established Justice, a Constitution, and opportunity to its inhabitants. ... Three major events that have a great importance not only to history then but to our existing history today have established the America we know. ... Only the constitution had this power. ... Marshall argued that the Constitution is the "supreme law of the land " and that the Supreme Court has the final say over the meaning of the Constitution. ...
Debate arises because the Constitution is silent on the exact time at which the appointment is considered complete. ... The answer is logically yes although there are no specific words in the Constitution to support such an answer. ... Marshall further maintains that the Constitution is the supreme law of the land. ... There is nothing in the Constitution that assigns the duty of review solely to the judicial department. ... The Supreme Court is the only branch of government that could act to strengthen the national government during the early history of the Constitution. ...
Initially when the constitution was drafted, the anti federalists opposed it on the grounds that it gave too much power to the national government. ... Early in American history, local governments and the states had most of it. ... In general, a state can do anything that is not prohibited by the constitution or preempted by federal policy and that is consistent with its own constitution. ... State constitutions are far more detailed and confer more rights than the federal ones. For example, state constitutions are more progressive on abortion rights, employment discrimination etc. than federa...
Many people are not familiar how Constitutions are interpreted to justify our current laws. ... The Eighth Amendment is in the Constitution that was modified shortly after American Revolution. ... Then we need to understand why the framers of constitution consist this term in this Amendment. ... Therefore, I think although the framers of the Constitution wasn't intended to be against capital punishment, it doesn't mean capital punishment is automatically justified in the Constitution. There has always been movement going on which aim to abolish death penalty in the United Sta...
In this paper I will discuss the history of judicial review in respect to the U.S. ... The case established the Supreme Court's authority to review and strike down governmental actions that did not follow the Constitution. Marshall believed that although the framers of the Constitution did not explicitly write the power of judicial review into the constitution, it was what the framers intended. ... However, the court was able to hand down a number of important opinions interpreting various aspects of the Constitution. ... The explanation and thorough history of the Supreme Court and...
How clear is it if the Pledge to Allegiance is about God or about the Nations principals and constitution? ... Those who took the time to read the decision can also have discovered that controversy about the Pledge has a long history, and that prohibiting school systems from coercing children to recite the Pledge is not some wacky new idea of a few far out California justices or of any other justices around the nation. In fact, compelling students to recite the Pledge was held to be a violation of the First Amendment of the Constitution in 1943, eleven years prior to the act of Congress that i...
The question of whether or not any one person has the capacity, legally or otherwise to take one's own life is one of the most debated and fundamentally thought provoking in society's history. ... In either case the end result will be the same and since one is protected under the Constitution the other, physician-assisted suicide should be as well. ... I believe that the right to end one's own life is a personal, private right that is covered by the fourteenth amendment of the Constitution. ... Physician-assisted suicide should be protected under the Constitution of the ...
Writing in agreement to this argument except in dissent of the courts final decision, Justices Rehnquist, White, and O"Conner recall Holmes" aphorism "a page of history is worth a volume of logic". ... For instance, Stevens reiterates that our history demonstrates that the ideas we fight for in protecting the national unity of our nation were worthy of cause, and then, equally worthy of protection from desecration is the symbol in which we carried throughout these battles. ... Agreeing with the majority opinion of the court Kennedy wrote a concurring opinion in which he stated that he believ...
The United States Constitution was one of the most revolutionary documents of all time. ... However over time, the Constitution began to apply to the states as well as the federal government. Looking back at what changed is a rather long process, but an important one as it is quite possibly the most important legal development in the history of the United States government. The most famous section of the United States Constitution is the Bill of Rights. ... When we talk about incorporation of the amendments of the Constitution, we are mainly talking about the Bill of Rights. ...
Throughout history, there has been an everlasting conflict between having a broader or narrower interpretation of the US Constitution. Some believe that the exact wordings stated in the Constitution are the rules to follow in a strict manner without any compromise. Others consider the Constitution to have looser understanding and there needs to be room for different analyses. ... His argument was that the statue and the resolution passed violated both the State and the Federal Constitution. ... By having any inclusion of church and state in any way violates the Constitution and citizen's ...
Our constitution provides multiple rights and restrictions to those facing trial. The right to confrontation outlined in the 6th Amendment of our constitution, states the following: to be confronted with the witnesses against him. ... The statement must be made from due stress, excitement or startling from the event at hand. 3) Then Existing Mental, Emotional, or Physical Condition, a statement of the speaker's then state of mind or body, such as intent, will, plan, motive etc. 4) Statements for Purposes of Medical Diagnosis or Treatment, a statement made for the purpose of medical treatm...
This ruling marked the most important victory for the Lesbian, Gay, Bisexual, Transvestite (LGBT) community in the United States' history. ... Judge John G Heyburn II ruled in February 2014 that "Kentucky's denial of recognition for valid same-sex marriages violates the United States Constitution's guarantee of equal protection under the law, even under the most deferential standard of review. ... Judge John G Heyburn II also ruled in favor of the plaintiffs in June 2014 stating that laws banning same-sex marriage "violates the Equal Protection Clause of the Fourteenth Amen...
Using the guidelines of the United States Constitution, Blackmun developed a systematic argumentation that inherently increases the justifications for the court's decision, on the basis of "medical and medical-legal history and what that history reveals about man's attitude toward the abortion procedure over the centuries" (403). ...
The period of 1789-1815 in the American history was an era of establishing America as a nation in the world. ... After the Constitution was ratified in 1788, America faced problems with its international relations during the war between England and France, and domestic problems like the Whiskey Rebellion and the Alien and Sedition Acts which violated the freedoms stated in the Bill of Rights. ... Not long after the Constitution was ratified, in 1794 came the Whiskey Rebellion, which happened due to a Whiskey tax that discontented many western farmers who were still living in Crevecoeur's ...
According to Ackerman's analysis of the US constitution, history has had many faults in its recording especially the latitude of the Federal Convention provided in 1787 and later on during the Reconstruction period. The authority developed the Constitution to end the people's resentment and to assure them of their sovereign will in the social strata. ...
