...Independence, the Articles of Confederation, and the United States Constitution were created to address various issues of their time periods. These issues primarily revolved around the government because the government is what controlled everything else. The Declaration of Independence was written in response to the awful ways in which the colonists were being treated by the British, the Articles of Confederation were created to eliminate the British rule that dreadfully governed the colonies, and the United States Constitution was created to organize a strong central government, something which the Articles of Confederation failed to do. With the passing of the Tea Act by...
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...For other uses, see Constitution (disambiguation). A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Convention of 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117,369 words in its English-language translation,[5]...
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...CONFEDERATION & CONSTITUTION Wendy Hill Chamberlain College of Nursing History 405 September, 2015 Confederation & Constitution In 1987, Americans celebrated the bicentennial of the signing of the Constitution of the United States. This document, which has served as "the Supreme Law of the Land" for more than two centuries, is the world's oldest written constitution still in use (Bloom, 1987). The United States Constitution is a foundation of basic laws and principles that defines the rights of American and sets limits on what the government can and cannot do. It provides the framework for the National government and establishes a system by which responsibilities are divided between the national government and the states' governments. The first Constitution was the Articles of the Confederation. In this essay I will compare the Articles of Confederation with the Constitution, analyze the drafting of the Constitution, and compare the debate over ratification between Federalist and ant-Federalist. The Articles of Confederation, which were ratified in 1781, providing the first form of a national government in the United States. When the United States won its independence from England in 1781, a majority of Americans felt a stronger allegiance to their individual states than to their new country. Most people did not wish to create a strong national government, over which they felt they would have little or no control. The Articles gave each state a great...
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...Constitution From Wikipedia, the free encyclopedia For other uses, see Constitution (disambiguation). A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e.constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a writtenconstitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Conventionof 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117...
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...Phoenix Material Influences on the Constitution Table Write one or two paragraphs in each section. Include citations for your sources. |Documents |Summary |What was its influence on the Constitution? | |Magna Carta |The Magna Carta was signed between the Barons of Medieval England and King John. The |The Magna Carta established the right of due process and provided a basis of higher law that could not | | |Great Charter was signed at Runnymeade near the Windsor Castle and was an attempt by |be altered by executive mandate or legislative acts ("Magna Carta: Cornerstone Of The U.s. | | |the Barons to prohibit the King from abusing his power over the people ("Magna |Constitution", n.d.). | | |Carta", 2000-2012).. | | | |The Magna Carta consists of 63 clauses, many of the clauses address the English legal |Magna Carta: Cornerstone of the U.S. Constitution. (n.d.). Retrieved from | | |system. It states that every man shall have access to...
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...There were many differences between the Articles of Confederation and the Constitution. At the end of the American Revolution, the free states needed some of control that would generate to a unified country. Issues were that the people want equal rights, and a new government. Their first attempt at solving this issue was the Articles of Confederation, which was a failure for the most part, but not completely. After the failure of the articles, the state delegates tried to revise the articles, but instead, constructed the Constitution. There were so many changes made and very little remained the same. Unlike the Articles of Confederation, the Constitution had a greater sense of central government. In the Constitution a president was the executive. The president was the person that can approve or veto the new rules. After gaining independence from Great Britain, the United States was operating under the “Articles of Confederation and Perpetual Union.” Under the Articles, the states retained sovereignty over all governmental functions that were not relinquished to the federal government. The American Revolution did not overturn the social order, but it did produce substantial changes in social customs, political institutions, and ideas about society and government. Among the changes were the separation of church and state in some places, the abolition of slavery in the North, written political constitutions, and a shift in political power from the eastern seaboard toward the frontier...
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...The United States of America is undoubtedly one of the most unique countries to come into existence. From the beginning, it was created as a refuge for the individual in need of freedom. People from Europe with different backgrounds came over, in hopes of a better future. Slowly, the people formed a loose sort of government. As a result, many of the differences between the different groups of people were ironed out. While ironing these differences, one issue was always left alone due to its volatility. The difference that remained was the issue of slavery between the Northern and Southern regions of the United States. Due to the industrial boom of the North, the difference between the North and South continued to grow, until time ran out. The...
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...STATEMENT: A. Common law is a legal system that is largely formed by the decisions previously made by courts and not imposed by legislatures or other government officials. The reasoning used to interpret this type of law is known as casuistry, or case-based reasoning. It is a strict, principle-based reasoning that uses the circumstances of a case to evaluate the laws that are applicable. Decisions that were made about similar cases are valuable, and the case in question is evaluated on the basis of past cases. The strength of the similarity among the cases, in turn, strengthens the reasoning based on them. B. The term "common law" also underlines the fact that this type of law did not originate from equity, maritime and other special branches of law. Statutes serve as brief explanations of law and therefore are not very explanatory. Codification is the process by which a statue is passed, expressed within a single document, so that it is understood within existing law rather than creating the need for new laws. C. The common-law system prevails in England, the United States, and other countries colonized by England. The common-law system is used in all the states of the United States except Louisiana, where French Civil Law combined with English Criminal Law to form a hybrid system. Anglo-American common law traces its roots to the medieval idea that the law as handed down from the king's courts represented the common custom of the people. II. WHAT IS COMMON...
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...Running Head: THE MAINLEVELS OF THE U.S. FEDERAL GOVERNMENT The Main Levels of the U.S. Federal Government Lynn Todd Colorado Technical University Online PBAD200-0904A-13 American Government Professor Jamie Boyd October 12, 2009 The U.S. Government is composed up of three key branches, the Executive Branch, the Legislative Branch, and the Judicial Branch. Each branch has its own powers, functions, checks, and balances. First, we will look at the history of the Constitution. During the 1600’s many Europeans left Britain in search of economic, political, and intellectual freedoms. However, they remained under the power of Britain, which functioned under a unitary system of government with one national power that permitted it to take action against any individual. During the Revolutionary war, the states battled with Britain, and won their freedom from the unitary system of government of Britain (CTU online, 2008, phase 1 multimedia presentation)....
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...Influences on the Constitution Table No Name HIS 301 August 1, 2013 Professor Documents that became part of the US Constitution Magna Carta A document originally written by barons in 1215 and called the Articles of the Barons, is later modified and a formal version of the document was written and became known as Magna Carta. According to "Magna Carta" (n.d.), “In the 17th century, however, two defining acts of English legislation–the Petition of Right (1628) and the Habeas Corpus Act (1679)–referred to Clause 39, which states that "no free man shall be… imprisoned or disseised [dispossessed]… except by the lawful judgment of his peers or by the law of the land." Clause 40 ("To no one will we sell, to no one will we deny or delay right or justice")” (The Document and Its Legacy). This document would have big implications for the future of the American legal system. A specific part of this document was influenced in part of an amendment and written into the Constitution of what is known to become the Fifth Amendment of the US Constitution. The document became the basis of a higher law that could not be altered, even by legislative acts. It embraced the leaders of the American Revolution and parts of it are embedded in the US Constitution and enforced by the Supreme Court. The part of which we referring to say, “Nor shall any person be deprived...
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...important pillar of the British constitution, with Parliament Sovereignty being the other pillar. This is because the United Kingdom does not have a written constitution. “There are three conception stated by Dicey in accordance to the rule of law. First, no man is punishable or can be lawfully made to suffer in body or goods except a breach of law. This indicates the notion against arbitrariness. Second is that, no man is above the law. This shows that there must be equity upon every person in respect to the law. Lastly which is a general principle that courts are the determine factor of right of private person. This prove that common law courts represents the greatest protection for any individual rights.” According to Hilare Barnett, “the organs of the currently do not exercise the primary function of the others (minister do not have legislative power). It however the interrelation between the organs serves as a check and balance mechanism, where it allows the organs to scrutinize the function of the other.”This in turn uphold the first conception of Dicey, which is to prevent arbitrary use of power. As one of the check and balance mechanism stated by Hilare Barnett. One essential function of the judiciary is to protect citizen against unlawful acts of the executive. This is also in respect to Dicey third conception where courts protects the rights of an individual. The case of such protection was shown in the case of Entick v Carrington where the state could not claim...
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...As it stand the United States Constitution and the Declaration of Independence are the oldest documents within the American government. Essentially these two documents hold such value because they had a helping hand in the establishment of America and delivered us our freedom from the British. Although both documents contain key information in regards to the independence of this country, they differ in a many ways. The United States Constitution and Declaration of Independence differ in their intended objectives and appeal. Since being established the United States Constitution has been the highest law of this country. The Declaration of Independence however, is a document that was adopted by congress on July 4, 1776 and announced the 13 colonies who were at war with Great Britain at the time were seeking and declaring sovereignty from the British, thus signifying to all other nations that America had indeed become a free nation. The reason this document came to be was because Throughout the 1760s to early 1770s, North American colonists realized that they were constantly at the losing end of British policies regarding taxation. Although the most commonly remembered phrase within the context of the Declaration of Independence may be that “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”(Hole, 2001 ). In reality there are more to it than just that, although...
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...Running head: Constitution Paper Constitution Nequia Covington Christopher Powers Abstract The American Revolution creating the ideology that all men are created equal failed to connect with the new United States’ form of government. Americans attempted to define the meaning of American equality by holding several constitutional conventions that defined how the government would operate and who could participate in political life. The basic principles of democracy, giving majority the rule, struck fear into those who believed this would bring ruin of the hard-fought struggle for independence. The forming of a republic, which constructed a government where the important affairs would be entrusted only to representative men of learning and refinement, eased several minds. Constitution Paper The American Revolution creating the ideology that all men are created equal failed to connect with the new United States’ form of government (OpenStax, 2014). Americans attempted to define the meaning of American equality by holding several constitutional conventions that defined how the government would operate and who could participate in political life (OpenStax, 2014). The basic principles of democracy, giving majority the rule, struck fear into those who believed this would bring ruin of the hard-fought struggle for independence (OpenStax, 2014). The forming of a republic, which constructed a government where the important affairs would be entrusted only to representative...
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...the United Constitution is the introductory portion of the constitution. It has no other function other than that it establishes the fundamental principles upon which the constitution is based. It does not recognize any right. In fact, it was never used as a basis for the recognition of the right. It does not also grant any power on the part of the federal or the state government. In fact, it was never used as a source of authority for the government. However, this does not mean that it is not important. Since the Preamble establishes the guiding principles upon which the United States Constitution was based it can be used as a basis for interpreting vague and doubtful provisions of the United Constitution. The United States Constitution is the primary document which establishes the fundamental powers of government. The United States Constitution distributes the main powers of the government to its three main branches which are the Executive, Legislative and the Judiciary. These three departments perform different functions. In the performance of these functions that are assigned to them, these three departments are the ultimate authority. For instance, the Executive is the sole department that executes the law. The Legislative is the sole department that makes and alters laws. The Judiciary is the sole department that interprets laws. The powers of the government have been conveniently divided to these three departments. This is known as the principle of separation...
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...Egypt: Secular State to Religious State Egypt has been well known throughout history for major significant monuments, but in the 1900’s Egypt was under the control of the British. They had one major leader (Nasser) in Egypt who helped Egypt declare their independence from Britain conquest. Gamal Abdel Nasser, who formed and established the Arab Socialist Union (ASU), was the second President of Egypt serving from 1956 until his death. He planned the 1952 overthrow of the monarchy, and was deputy prime minister in the new government. While Nasser was controlling the state of Egypt it was still a secular state, leaving the minority religions under somewhat stable state under the constitution of Egypt. Nasser kept the state secular such as having an one-party system which prevented religious groups like the Muslim Brotherhood from an opportunity to voice their political views. This made the Arab Socialist Union the sole party in parliament under the Nasser era. After the death of Gamal Abdel Nasser in 1970, there was a huge shift once Anwar Sadat seized control as being the secretary of the former Prime Minister Nasser. Anwar Sadat drafted a new constitution, which included the principles of Sharia into the Egyptian constitution. The state changed from being a secular state to becoming a religious state. Anwar Sadat abolished certain views of Nasser, which he did not agree with. He abolished the one party rule, which gave an opportunity to Islamic groups such as the Muslim...
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