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The Problem with the American Constitution

            In order for us to explore whether or not there is any truth in the above statement we must give an accurate assessment of the fundamental principles of the American constitution outlining its social moral and legal implications. In order for us to do this we must analyse the document from an historical perspective outlining its major strengths and weaknesses whilst providing a critical account of its continuing relevance and enduring status as the supreme legal document in contemporary American society.
             The origins of the American constitution lie in the struggle for independence of the 13 British colonies in the America's. Under British sovereign rule the states had become subjected and confined to laws laid down by the monarchy of England. It is necessary for us to provide a brief analysis of the colonies under British rule, as it was American societies reaction to the harsh nature of the imposed laws under the despotic reign of George 3rd that led to the declaration of independence on July 4th 1776 and ultimately to the creation of the constitution in 1787. Prior to the states gaining independent status the American colonies were dominated by the imperial doctrine of the British Empire and were consequently subject to the subsequent demands of such laws even though they were not for the benefit of the colonists. Laws passed by the British government included those, which imposed Taxation without representation and imposed heavy restrictions on imports and exports. Instead of money collected by the British being inwardly invested throughout the Americas it was dispatched back to Britain. This became a major factor culminating in the eventual rebellion of the colonies, and was a key event in determining the contents of the written constitution that from the outset aimed to implement a government system that was anti monarchical which in turn meant full government accountability, a visible administration and a fracturing of all powers.


Essays Related to The Problem with the American Constitution

1. Ideals of the American Constitution

Leading up to the creation of the constitution, America was a broken system, that needed fixing. The constitution was the great solution to all of the problems. ... The issue with the southern states creating black codes to override the constitution was the issue that truly questioned liberty. ... Liberty, goes hand in hand with Freedom. ... All three of these American ideals were accomplished by one simple, yet brilliant document, the Constitution....

  • Word Count: 838
  • Approx Pages: 3

2. UK and US Constitution Compared

They sought something better and came up with a codified constitution. ... An example with this is the right to carry arms, which is entrenched in the US constitution. ... However if an unwritten and uncodified constitution was in place in America it may suffer more in this way because America is a very large country to run by tradition, where every state has it own traditions and character. ... The problem with such a system of power separation is the fact that one political party could win all three of the elections. ... It could be argued though the American constitution does in fact goes f...

  • Word Count: 1978
  • Approx Pages: 8
  • Grade Level: Undergraduate

3. Us And UK Constitution Compared

They sought something better and came up with a codified constitution. ... An example with this is the right to carry arms, which is entrenched in the US constitution. ... However if an unwritten and uncodified constitution was in place in America it may suffer more in this way because America is a very large country to run by tradition, where every state has it own traditions and character. ... The problem with such a system of power separation is the fact that one political party could win all three of the elections. ... It could be argued though the American constitution does in fact goes f...

  • Word Count: 1963
  • Approx Pages: 8
  • Grade Level: Undergraduate

4. AP American History 1987 DBQ

When the United States Constitution was ratified in 1787, it was meant to unite the colonies, protect the rights and liberties of American citizens, and establish laws common throughout the nation. ... Tensions increased even further with the Kansas-Nebraska Act of 1854, and with the Dred Scott decision. The American people were beginning to lose faith in the Constitution and its powers to keep order. The US Constitution was meant to be a steady, unchanging source of law for the citizens of America to count on to keep their freedoms safe and maintain harmony within the states, but with the ...

  • Word Count: 904
  • Approx Pages: 4
  • Grade Level: Undergraduate

5. The Indian Constitution

Another unique feature of our constitution is that it is not as rigid as the American Constitution or as flexible as the British constitution. ... Another problem which is said that our constitution had is that the American Constitution stands for "brevity, restraint and simplicity", and our constitution is complex and long document. The comparison of this two different country's constitution with each other, it is wrong to compare our Constitution with the American Constitution. ... The problems which America faced after its revolution were few and simple and were different fro...

  • Word Count: 1582
  • Approx Pages: 6
  • Grade Level: High School

6. Antifederalists and the Constitution

It is hard to imagine the United States of America with any other form of government than the one that is in use today; however, between the years 1763 and 1788, America was unsure what kind of nation it wanted to be. ... In 1787, the Constitution was written, and it brought the debate over America's future to the forefront of public discussion. ... The Federalists wanted the larger and more powerful national government in order to unify the Americans that the Constitution would create, while the Antifederalists feared the problems that could arise from this arrangement. ... Antifederali...

  • Word Count: 1653
  • Approx Pages: 7

7. American Constitution

If the constitution is unable to provide a framework in which fundamental problems in American society cannot be resolved then perhaps a new constitutional settlement is necessary. ... Furthermore, the suspicion of big government evident in the constitution is a reflection of a dominant strain of thought in American society. ... Such a flagrant example of the derogation of rights occurred during World War 2 with the internment of Japanese-American civilians. ... Can a constitution designed over two hundred years ago with the overarching aim of ensuring maximum freedom fulfil such a modern r...

  • Word Count: 1663
  • Approx Pages: 7
  • Has Bibliography
  • Grade Level: Undergraduate

8. Framers in the Constitution

A good deal of desultory speech-making ensued, but the gist of the problem was the opposition from two sources to election by the legislature. ... Modern Americans who tend to think of James Madison as a rather desiccated character should spend some time with this transcript. ... We are intimately acquainted with the problems that their constitution should have been designed to master; in short, we have the read the mystery story backwards. ... Commerce was commerce-and if different interpretations of the word arose, later generations could worry about the problem of definition. Ther...

  • Word Count: 1396
  • Approx Pages: 6
  • Grade Level: High School

9. The Constitution

Accordingly, it is often referred to as a "living" document because of its regular alteration and reexamination; therefore, the Constitution has not become irrelevant in defining the goals of American government. ... For example, a strong percentage of Americans concur with the idea of free speech throughout the United States, but when a court case such as Texas vs. ... The Revolutionary War with Britain was still quite clear in the American mind during the writing of the Constitution, so the Bill of Rights had full support of the public because it protected citizens against ...

  • Word Count: 2367
  • Approx Pages: 9
  • Grade Level: High School

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