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American Constitution


Furthermore, the suspicion of big government evident in the constitution is a reflection of a dominant strain of thought in American society. On balance then, the constitution seems still seems like the best deal for the USA - sometimes frustrating in its restriction of power but reflective of a peculiarly American desire for a small state.
             The constitution has been successful in protecting liberty at the most basic level. Its strict restrictions on the exercise of power have prevented powerful groups and interests in society from infringing the liberty of others. As James Madison argued in support of ratification of the constitution, "among the numerous advantages promised by a well-constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction." Constitutional protection of liberty arises chiefly from the power structure enshrined in the constitution. The division of national government into three specific camps with very little overlap, as well as the federal structure delegating power to the states means that political action requires the support, or at least the consent of a number of political institutions, and therefore a clear majority of the electorate. 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. From zealous puritans during the Second Great Awakening to the Christian Coalition in the 1980s and 1990s, there are political groups determined to use the political system to limit the political and social freedom of others. .
             This does not of course mean that there have been no major rights abuses. Such a flagrant example of the derogation of rights occurred during World War 2 with the internment of Japanese-American civilians. This was a clear breach of amendments a number of provisions in the Bill of Rights, yet the exceptional circumstances of the time were unsuited to any judicial action to remedy this breach.


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