...PO 201 – American Constitution Oct 15, 2012 1. The most general definition of politics would be the process by which values are authoritatively allocated for a particular society. More specifically that allocation speaks to the process where it is decided when, what, who, and how resources are distributed. Many would say that politics is no more than the art of governing humanity through deception, and some would even go as far as to say it is nothing more than conducting public affairs for private gain. Government has numerous roles but four of the major areas are paramount. Manage the national economy. It is the responsibility of the government to place checks and balances within the system to make sure the economy remains viable. The government also has the responsibility to enforce laws and contracts. This could be as simple as managing disputes between private citizens (civil or criminal) or as major as the Supreme Court hearing arguments between the states. Another major area where government is involved are issues of public safety and infrastructure. The upkeep of roads and bridges, regulation of utilities and public services, and public health standard guidelines are roles of the government. One of the most obvious and expensive roles of the government is national defense. The Constitution speaks to the issue of raising an army and navy (doesn’t say exactly how) and it is the expectation of the people that the government will provide for them an...
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...Constitutional Law Names Institution Constitutional law Answer 1 In Clause 2 of Section 2 of Article III of the U.S Constitution, the Supreme Court is appointed with two types of jurisdictions namely original jurisdiction and appellate jurisdiction. The former affects all cases relating to ambassadors, other public consuls, public ministers. It also involves the cases that a State shall be Party. Under this jurisdiction, the Supreme Court has the power to order subordinate courts or government officials to perform actions required by law. The scope of this jurisdiction is narrow. It only focuses on the above-mentioned categories and suits between states. Its function is to eliminate the parochialism and bias of state and lower federal courts. Appellate jurisdiction has a wider scope. It involves cases in law, equity, and treaties made; cases of maritime jurisdiction and admiralty; cases between U.S States; cases between citizens and a state; and cases between citizens of either same or different states (The Heritage Foundation, 2012). Answer 2 The Younger Abstention Doctrine prohibits U.S federal courts from handling cases that are within their jurisdiction so that a state court can handle the matter instead. Its function is to maintain a balance between federal and state sovereignty, a fact called comity or federalism, and to avoid friction between the two courts as they conduct legitimate activities. This is because the legal system in the U.S comprises two parallel...
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...Nathaniel Sellis American & Wyo Government Dudley November 12, 2011 How Democratic is the American Constitution Summary Robert Dahl explains in the beginning of the book that he is not proposing changes in the American Constitution, but suggests changes in the way we think about our constitution. In this essay, I will explain the history of this American constitution, what Dahl suggests about the American Constitution, and my opinion about this book. In the history of the United States, there are two factors that mark its constitutional history. For one thing, the rights of citizens were organized through limits to power, linked to a libertarian conception of liberal viewpoint. For another, the original structure of the constitution is influenced by the fear of the "framers" to a popular majority government could oppress the rights acquired as Alexis de Tocqueville considered that the democratic government incorporated elements that endure to this undemocratic, preventing the formation of compromise. The result of this misunderstanding between democracy and fundamental rights did not allow equality. The author acknowledges the obstacles to achieving political equality are related to institutional distortion and sacred morals of citizenship to the constitutional system, which increase the distortion and hope, are two obstacles to any reform. The focus of their criticism revolves around the unequal representation in the Senate. The tension between the need and right...
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...Protection of the American Constitution In the summer of 2009, Al Rozzi during a protest of the wars in Iraq and Afghanistan, burned a flag among a group of protesters. Rozzi was arrested for desecrating the American flag. Flag desecration is the act of intentionally destroying, damaging, or mutilating a flag. It’s usually done in the public and usually the destruction is caused to a national flag. Rozzi’s flag destruction is a form of protest which is considered a right to freedom of speech under the First Amendment of the American Constitution. The controversy of flag desecration started with the case, United States Supreme Court in Texas v. Gregory Lee Johnson in 1989, when Johnson drenched an American flag in kerosene and burned it in front of the convention building while protesting the polices of Ronald Reagan. Other protesters followed Johnson with chanting “America; red, white and blue; we spit on you.” Johnson was arrested and convicted under a Texas law for intentionally desecrating a state or national flag. He was fined $2,000 and sentenced to one year in jail. He appealed the Supreme Court decision and Texas argued that they had a right to protect the flag as a symbol of national unity. Johnson argued that his freedom to express himself protected his actions. Luckily, the Court sided with Johnson’s argument for expressing freedom of speech. The United States Supreme Court in Texas v. Johnson case generated years of debate over the meaning of the flag, including...
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...The American Constitution, a great document ratified on June 21, 1788, has had a great influence on the constitutions of other nations. After the American Revolution our nation decided it was time to dump the Articles of Confederation. After such a revolution our friends over at France decided to also rebel against the Monarch. After winning the revolution France decided to set up their own constitution. This constitution was developed in 1791, and was heavily based off of the American Constitution. The problem with the French constitution was that it didn’t limit the government. As a result the government became so powerful it eventually became a monarchy again. Everything that the French had fought hard for was destroyed. Though the...
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...------------------------------------------------- INTRODUCTION TO THE AMERICAN CONSTITUTION 7_4_2014 The idea is that there must be a tension between the different branches of the State power. This differs from the European style system because when you think about the normal situation where you have a prime minister, the reality is that in most countries, the PM becomes PM because he holds the majority in the legislative branch. So almost necessarily, the party who has the majority in the executive power also has it in the legislative power. In fact, Americans typically LIKE divided governments. If you want an example of that, just look at the last presidents of the US. Bill Clinton e.g. was a member of the Democratic Party while the congress was held by the Democratic Party as well. However, interestingly enough, that situation lasted only 2 years, after which the Americans decided to elect a republican president: Bush. The same happened more or less to Bush, and after that to Barack Obama. This is called the Fundamental Split between political parties. As part of that, what happened is that American people were able to express their ideas. They often like to have one party at power in the Congress and another party at power in the Government. What if a third party develops himself? One of the two parties will try to move towards the same ideas. They do have third party candidates in Congress, but their power is very small. It’s an idea that is embraced by the American people: there’s a uniform trust in...
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...The USS constitution official creation was in the year 1794.Which was the naval act of 1794,which was passed by the 3rd United States congress.The reason it was created along with its sister ships was the threat of the barbary corsairs.They threatened american merchants who shipped off the northern coast of Africa.It was the first president who signed this act into law.Which authorized the official construction of 6 frigates including the USS constitution.The rounding of the total cost of the ships were $700,000.00.These ships would later to be known as the first ones of the U.S navy. The influence of these ships and especially the U.S constitution expanded to not only the navy but to America as a whole.After the war of 1812 there was a massive...
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...To what extent was the government laid out in the American Constitution of 1787 unique? The government laid out in the constitution was both unique and not unique for its time. The constitution was not unique in that the majority of the ideas in the constitution were not original and came from other sources. The constitution was unique in that it was the first time that all the ideas used in the constitution were put together for a government. The constitution was unique in that it was the first government basis containing separation of powers, checks and balances, limited government, judicial review, federalism, and popular sovereignty; and that it was based off of the Magna Carta, the Petition of Rights, the English Bill of Rights, and John Locke Second Treatise. The six main ideas used in the constitution, while mostly not original ideas this was the first time these six ideas were used in a basis of government. The constitution was not unique in that the ideas used in constructing the...
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...137 December 3, 2014 Changing Our Constitution to Protect the America Flag America is known for being the land of the free and the home of the brave. Numerous of Americans have lost their lives trying to keep our rights the same for years to come. It is my belief that the flag should not be protected under a constitutional amendment as it could take away your freedom of speech, as the flag is only a symbolic representation of America and making a big change in the constitutional amendments may not be accepted by many Americans. We are protected by constitution, and the First Amendment States “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press or the right of the people peaceably to assemble, and to petition the government for a redress of grievances”(The Bill of Rights, the U.S. Constitution). To me that states that as long as you express your feelings toward the flag or any other symbolic protest is done in a peaceful manner, under the constitution you have the right to do so. As we are currently seeing right now around the county with the multiple protest that our nation are demonstrating daily against the decision of the Ferguson police officer, many have been peaceful and in order, on the other hand many have been completely out of line and for that arrest have been made for breaking the law of the constitution . If the constitution is change to take away the right...
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...1. constitutionalism, constitutional supremacy and the rule of law 1. constitutionalism a. Constitution without constitutionalism? Keith E Whittington, constitutionalism [5] * Constitutionalism = the constraining of government in order to better effectuate the fundamental principles of the political regime. i.e. A system of effective restrains on governmental action. * Constitution (often) = the written document that formalizes the framework of government * => Constitutionalism should be distinguished from the mere possession of a constitution * Written constitutions may provide few effective constraints on government or may be ignored, and governments may be effectively constrained w/o a written constitution (e.g. Britain) * Constitutionalism often (does not mean it necessarily equals to) associated specifically with liberalism, protection of individual rights against the state. * => constitutional state identified not by possession of a constitution but by its effective protection of individual rights. * (but individual rights only one set of fundamental principles that might impose meaningful limits on power of the state) * Constitutionalism also used to constrain power holders to care for the common weal or adhere to particular conceptions of national identity or religious law * 3-fold classification of province of constitutionalism * Normative Constitutionalism (most touched-on area) * Concerned with...
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...a codified constitution differs from an uncodified one. (10 marks) A constitution is a set of rules that seek to establish the duties, powers and functions of the various institutions of government. A codified constitution is one which the major principles underpinning the political system are collected in a single authorative document. On the other hand uncodified constitution has no single source for these values rather, they are found in a number of places. The UK is an example of an uncodified constitution whereas the USA is a representation of codified. In this essay I will address how each form differs from the other. In a codified constitution, the document itself is authorative in the sense that it establishes “higher law”. This type of constitution binds all political institutions, including those that make ordinary law. The provisions of the constitution are also known to be entrenched. This means that it is difficult to amend, make changes or abolish. Conversely, uncodified constitution is in no sense authoritive, its laws enjoy the same status as conventional laws. Unlike a codified constitution, it is not entrenched – this allows flexibility and means that the constitution can be changed through the normal process of enacting statute law. As well as this, a codified constitution often states the rights of the country’s citizens so there is a degree of clarity and something in which the people can identify with. Whereas an uncodified constitution can lead to...
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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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...The UK needs a codified constitution: A constitution is a set of laws, rules and practices that authorize the state to govern, also specifying the powers of the governing institution and the formal relationships between them, civilian and the state. There are numerous types of constitution. Constitutions could be codified and uncodified, unitary (Centralized government makes legislation, and passes it down through local authorities) or federal (Power travels up through regional bodies to the centralized state.) The United Kingdom is unique in other words there are just 4 nations around the globe that have a written constitution and the UK is one of them. The others being Israel, Canada and New Zealand. On the other hand the USA is an example of a codified constitution. A codified constitution is a constitution in which key written documents are gathered inside a single document, it is generally known as a written constitution. Additionally they are entrenched, enjoying the protection of higher court. Moreover in a codified constitution laws can only be amended by special provisions. Therefore making it rigid, in other words it is extremely difficult to pass laws in a codified constitution. Alongside this, an uncodifed constitution relies on various sources meaning it is not written down in a single document, this is in contrast to a codified constitution where all the laws are to be found in one single document. In addition an uncodified constitution is not entrenched and...
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...Political System and Development: Politics in Jamaica takes place in the framework of a representative parliamentary democratic constitutional monarchy. The 1962 Constitution of Jamaica established a parliamentary state whose political and legal traditions closely follow those of the United Kingdom. As the head of state, Queen Elizabeth II - on the advice of the Prime Minister of Jamaica - appoints a governor general as her representative in Jamaica. The governor-general has a largely ceremonial role. Jamaica constitutes an independent Commonwealth realm. The Constitution vests executive power in the cabinet, led by the Prime Minister. Executive power is exercised by the government. Legislative power is vested both in the government and in the Parliament of Jamaica. A bipartisan joint committee of the Jamaican legislature drafted Jamaica's current Constitution in 1962. That Constitution came into force with the Jamaica Independence Act, 1962 of the Parliament of the United Kingdom, which gave Jamaica political independence. Constitutional safeguards include freedom of speech, freedom of the press, freedom of worship, freedom of movement, and freedom of association. The judiciary operates independently of the executive and the legislature, with jurisprudence based on English Common Law. The governor-general is largely a ceremonial figure who appoints the prime minister and senate seats through the advice of parliament and the prime minister. The prime minister exercises...
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...Paige Elsaesser Period 7 Mrs.Rivelli 19 February, 2015 What Is Liberty? “The Spirit of Liberty” was a speech presented by John Hand in 1944 on “I AM an American Day”. When John Hand gives his speech he is speaking to a group of people that all have something in common. They are people that came to America looking for the same things, they were all looking for freedom and liberty. But what John is trying to get them to understand is that you can only find liberty with in yourself, he is also trying to tell them what he believes liberty is. In paragraph 1, lines 9-11 John says “I often wonder whether we do not rest our hopes too much upon constitutions, upon laws, and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.” What he means by this is that even though there is laws and constitutions that entitle us to freedom and liberty it does not really mean we have freedom and liberty because it is only something you can allow yourself to have because it comes from within yourself and if you don’t have it than the laws and constitutions are not gonna help you in anyway. After John tells the audience where he believes freedom and liberty comes from he tells the audience his opinion of what liberty is. In paragraph 1 lines 14- 18 John...
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