If it does, a rule of constitutional law is formulated only as the precise facts in the case require. While there is no specific list of what these "reserved powers" may be, the Supreme Court has ruled that laws affecting family relations, commerce within a state's own borders, and local law enforcement activities, are among those specifically reserved to the states or the people. The constitution of the USA with 7,000 words is a model of brevity, whereas the 1950 constitution of India with 395 Articles and eight Schedules is the wordiest of all national constitutions. They had not been paid; some were deserting and others threatening mutiny. ", The Supreme Court balances several pressures to maintain its roles in national government. , John Jay, 1789–1795New York co-authorThe Federalist Papers, John Marshall, 1801–1835Fauquier County delegateVirginia Ratification Convention, The basic theory of American Judicial review is summarized by constitutional legal scholars and historians as follows: the written Constitution is fundamental law. The second disadvantage of a rigid constitution is that a country cannot progress along the new socio-economic lines under a rigid constitution. Also you should remember, that this work was alredy submitted once by a student who originally wrote it. One of Lincoln's "team of rivals", he was appointed Secretary of Treasury during the Civil War, issuing "greenbacks". George Washington was there and was unanimously selected the convention’s president. These rules for the state are called the constitutions. Congress could borrow money, but couldn't pay it back. By September 1787, the convention’s five-member Committee of Style (Hamilton, Madison, William Samuel Johnson of Connecticut, Gouverneur Morris of New York, Rufus King of Massachusetts) had drafted the final text of the Constitution, which consisted of some 4,200 words. They proceeded at once to New York, where Congress was in session, to placate the expected opposition. The dispute between the New Jersey Plan and the Virginia Plan was settled with the Great Compromise. And so there is the inherent danger of a revolution or political upheaval under a written constitution. , The Sixteenth Amendment (1913) removed existing Constitutional constraints that limited the power of Congress to lay and collect taxes on income. , The Twenty-fifth Amendment (1967) clarifies what happens upon the death, removal, or resignation of the President or Vice President and how the Presidency is temporarily filled if the President becomes disabled and cannot fulfill the responsibilities of the office. However, under some circumstances it is possible for an individual to serve more than eight years. The convention method also made it possible that judges, ministers and others ineligible to serve in state legislatures, could be elected to a convention. You may not submit downloaded papers as your own, that is cheating. A flexible constitution can be amended as an ordinary law in the ordinary way. 2 These intrinsic safeguards are usually activated by and needs the involvement of governmental bodies. The second Chief Justice for a term of four years, was Oliver Ellsworth (Connecticut), a delegate in the Constitutional Convention, as was John Rutledge (South Carolina), Washington's recess appointment as Chief Justice who served in 1795. Additionally, the convention's secretary, William Jackson, added a note to verify four amendments made by hand to the final document, and signed the note to authenticate its validity. After intensive debate, which continued throughout the summer of 1787 and at times threatened to derail the proceedings, they developed a plan that established three branches of national government–executive, legislative and judicial. The United States Bill of Rights consists of 10 amendments added to the Constitution in 1791, as supporters of the Constitution had promised critics during the debates of 1788. Its Free Exercise Clause guarantees a person's right to hold whatever religious beliefs he or she wants, and to freely exercise that belief, and its Establishment Clause prevents the federal government from creating an official national church or favoring one set of religious beliefs over another. This is best asserted by Jawaharlal Nehru – “While we want this constitution to be as solid and permanent as we can make it, there is no permanence in the constitutions. The delegates (who also became known as the “framers” of the Constitution) were a well-educated group that included merchants, farmers, bankers and lawyers. Along with literacy tests and durational residency requirements, poll taxes were used to keep low-income (primarily African American) citizens from participating in elections. James Madison and Alexander Hamilton, with assistance from John Jay, wrote a series of essays to persuade people to ratify the Constitution. The issue was resolved by the Connecticut Compromise, which proposed a bicameral legislature with proportional representation of the states in the lower house (House of Representatives) and equal representation in the upper house (Senate). The written aspect of the British constitution includes the Bill of rights (1689), the Act of Settlement (1701), the Parliament Act of 1911, and the Representation of the People Act which extended the suffrage. It gave the presidency a powerful role. Other implied powers include injunctive relief and the habeas corpus remedy. , The Fifth Amendment (1791) establishes the requirement that a trial for a major crime may commence only after an indictment has been handed down by a grand jury; protects individuals from double jeopardy, being tried and put in danger of being punished more than once for the same criminal act; prohibits punishment without due process of law, thus protecting individuals from being imprisoned without fair procedures; and provides that an accused person may not be compelled to reveal to the police, prosecutor, judge, or jury any information that might incriminate or be used against him or her in a court of law. Secondly, a flexible constitution can avoid a political crisis like a revolt or revolution. In addition, it provides for such matters as admitting new states and border changes between the states. Representatives must be at least 25 years old, be a citizen of the United States for seven years, and live in the state they represent. Are there any problems with these thesis statements? The, ... from the other arms of government. In the early history of the U.S., most states allowed only white male adult property owners to vote. In the first place, an unwritten constitution has the advantage of adjustability and adaptability. There must be some rigidity with regard to the powers of the federal authority vis-a-vis that of the units to avoid misgivings and to remove doubts. But Madison and a handsome 32-year-old, self-made success story from New York named Alexander Hamilton were the true stars of the group. The American people follow some conventions and traditions which are as good as the written words of the constitution. The Preamble outlines the Constitution's purpose and guiding principles. The former is precise, definite and systematic. This section also defines treason, as an overt act of making war or materially helping those at war with the United States. Today, this provision is sometimes taken for granted, but in the days of the Articles of Confederation, crossing state lines was often arduous and costly. In the first place, the written constitution is definite and precise. Secondly, a flexible constitution does not suit a federation because the division of power and respective jurisdiction between the federal authority and the federating provinces must rest on some permanent and durable foundation. Rather, it sets out the origin, scope and purpose of the Constitution. Currently, Title 28 of the U.S. Code describes judicial powers and administration. Terms & Privacy. In September 1786, during an inter–state convention to discuss and develop a consensus about reversing the protectionist trade barriers that each state had erected, James Madison angrily questioned whether the Articles of Confederation was a binding compact or even a viable government. The major defect of a flexible constitution is its instability and lack or permanence. The 85 essays, known collectively as “The Federalist” (or “The Federalist Papers”), detailed how the new government would work, and were published under the pseudonym Publius (Latin for “public”) in newspapers across the states starting in the fall of 1787. Warren built a coalition of Justices after 1962 that developed the idea of natural rights as guaranteed in the Constitution. According to the founding fathers, the original intent of the Second Amendment was simply to keep power in the hands of the people. Both the influence of Edward Coke and William Blackstone were evident at the convention. It has no date of commencement. It is to provide for naturalization, standards of weights and measures, post offices and roads, and patents; to directly govern the federal district and cessions of land by the states for forts and arsenals. The framers knew it wasn’t a perfect document. After the Declaration of Independence in 1776, the Founding Fathers turned to the composition of the states’ and then the federal Constitution. , The Second Amendment (1791) protects the right of individuals to keep and bear arms. Look for the List of 84 Constitution Essay Topics at topicsmill.com - 2020. Benjamin Franklin, at 81 the oldest delegate, was there. Thus applying his second criterion of quantity he lists his constitution as monarchy (or tyranny), aristocracy (or oligarchy) and polity (or democracy). The purpose of government, specifically our government, as stated by Thomas Jefferson in the Declaration of Independence, is “to secure these [natural] Rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…” Our government exists to protect individual, negative rights that exist outside the common law. Structurally, the Constitution's original text and all prior amendments remain untouched. Methods of Amending the Constitutions in Different Countries: The constitution, like all laws, is to serve the needs of the contemporary society. In the second place, there is no guarantee of fundamental rights in an unwritten constitution. This is 100% legal. He would accept the Constitution, "because I expect no better and because I am not sure that it is not the best". The Confederation Congress, which in February 1787 endorsed the idea, invited all 13 states to send delegates to a meeting in Philadelphia. Experience shows that some written constitutions are too much detailed. These amendments may be initiated by a popular petition signed by one lakh voters or by the national legislature. The Belgian constitution may be amended by a two-thirds vote of both the houses of parliament but only after a dissolution of that body and an intervening election. It is very useful for every new and developing country. In the broadest sense, a constitution is the fundamental body of rules governing the affairs of an organised group. If a state's delegation was evenly divided, its vote could not be counted towards the nine-count requirement. Under America’s first governing document, the Articles of Confederation, the national government was weak and states operated like independent countries.  But the Court's guidance on basic problems of life and governance in a democracy is most effective when American political life reinforce its rulings. The third textually entrenched provision is Article One, Section 3, Clauses 1, which provides for equal representation of the states in the Senate. Article V outlines the process for amending the Constitution. The "Chase Court" is famous for Texas v. White, which asserted a permanent Union of indestructible states. All four pages of the original U.S. Constitution are written on parchment. On September 17, George Washington was the first to sign the document.
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