...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...
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...[Please do not circulate or cite without permission] Written Constitutions and Unwritten Constitutionalism Mark D. Walters Faculty of Law Queen’s University February 2007 To Be Published In: Grant Huscroft (ed.), Expounding the Constitution: Essays in Constitutional Theory (Cambridge University Press, forthcoming) I. Introduction Defending the idea of ‘unwritten law’ has never been easy. Jeremy Bentham thought the very expression to be a ‘paradoxical and unmeaning epithet’.[1] In his view, social reform required ‘fixed and accurate’ laws—laws that ‘[w]e see, we hear, we touch; in short we handle…’[2] This empirical concept of law follows from the ideal of law as something produced by conscious acts of sovereign will. Central to this concept are, to use H.L.A. Hart’s expression, ‘rules of change’ that permit societies to escape the confines of ‘primitive’ custom.[3] The progressive march of legal theory, it may be said, has been away from medieval notions of law as customs practiced time out of mind or as the immutable dictates of natural law, away from the fiction that judges discover rather than make law, and towards modern notions of law as creative political acts recorded in writing. In terms of constitutional law, this march leads to the idea of written constitutionalism, a destination that the rebelling American colonists are often said to have reached first.[4] It was a task especially ‘reserved’ to the American people, wrote...
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...Question-01: The Constitution declares that the sovereignty lies with the people and constitution is the embodiment and solemn expression of the will of the people? 1.0 Introduction: Do we have a right to hold opinions that differ from others? Can we write and publish what we think? Can we protest to your government if we disapprove of its policies? Can the government search and seize our property? Can we be arrested and held without trial? Can the government treat us differently than it treats other people? Every country is based on some kind of law. Some of those are arbitrary powers, however over the years the only rule that seems to dictate the terms is the rule of law. As a citizen, we must know our constitutional rights in order to assert them. One of the basic principles of the any constitution is the rule of law.Actually sustainable development and good governance mostly depends on the proper application of rule of law. Laws are made for the welfare of the people, to bring a balance in society, a harmony between the conflicting forces in society. One of the prime objects of making constitution is to maintain law and order in society, a peaceful environment for the progress of the people. 2.0 Sovereignty of the people: Today, most modern states have followed written and fixed constitutions. A constitution presupposes the universe of a constituent power, as distinguished from other constituted powers, created by the constitution itself. Constitution is the highest...
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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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...FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY (CHAPTER 2) 1999 CONSTITUTION OF NIGERIA AND THE 1992 CONSTITUTION OF GHANA. PRESENTED BY: IWEBAFA GIFT ODIBO MAY 2014 I. Introduction Chapter two of the Nigerian Constitution of 1999 (as Amended) and Chapter Six of the Ghanian Constitution of 1992, both made provisions for the Fundamental Objectives and Directive Principles of State Policy, which are intended to guide all citizens, Parliament, the President, the Judiciary, the Council of State, the Cabinet, political parties, and other bodies and persons in applying or interpreting the Constitution or any other laws.[1] The directive principles cover political objectives, economic objectives, social objectives, educational objectives, cultural objectives, international relations, and duties of citizens. The main issue that relates to the directive principles is their constitutional status; whether they are justiciable or not justiciable and this is applicable to both Ghana and Nigeria. A policy is a guide to the achievement of an objective. By constitutional policy, we mean the principles and objectives set out in the Constitution of the Federal Republic of Nigeria of 1999 (CFRN 1999) which act as a guide to achieving governmental objectives. A government without a guide is like an aircraft without a compass. In the words of Oguntade (JSC), the Constitution is the very foundation and structure upon which the existence of all organs of governance...
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...FOUNDATIONS OF LAW 2010 Combined Law Essay Critically analyse the Australian Government’s proposed reforms for protecting and promoting human rights for the more vulnerable groups in Australia. A bill of rights alone will not protect the rights of the people. But nor will a majoritarian democracy. Contemporary democracy stands for more than just the primitive notion of according full power to the popular majorities of Parliament by the vote. It requires the recognition of Parliamentary sovereignty, and furthermore it calls for the preservation of the principles of rule of law, judicial independence and more importantly the rights of all individuals. Although the Government’s recently launched National Human Rights Framework promises a selection of human rights protection mechanisms, in light of its failure to provide a bill of rights that many Australians want, it is an inadequate attempt at promoting and protecting the more vulnerable groups. Even though the Framework claims that it reserves the function of statutory interpretation for the courts, in reality it empowers the Parliament with the capacity to “guide”[1] the courts into enacting legislation. The Government’s downplay of judicial influence cannot be ignored and this points to a discussion of whether Australia needs a bill of rights. The role of the courts also need to be evaluated with respect to the other branches of government, the legislature and the Executive, in an effort to attain a healthy balance between...
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...UNIT 1 Answer Key CHAPTER 1 CHAPTER 1 Section 1 Prereading and Vocabulary 2 Reading Comprehension 3 1. 2. 3. 4. 5. 6. oligarchy citizen democracy constitution state two basic levels; certain decisions; only the federal government; each of the states Federalism is a system of government in which power is divided between a central government and several regional, or state, governments. 1. Population; the people who live within the boundaries of the state 2. Territory; land with known and recognized boundaries 3. Sovereignty; the supreme and absolute power within a state’s territory to decide its own foreign and domestic policies 4. Government; the institution through which society makes and enforces public policies 5. Force theory; the state was born of force, when one person or a small group gained control over people in an area and forced them to submit to that person’s or group’s rule. 6. Evolutionary theory; the state evolved from early families that united to form clans. Later, clans united to form tribes. As tribes settled into agricultural groups over time, they formed states. 7. Divine right theory; God created the state and gave a chosen few the right to rule. 8. Social contract theory; people voluntarily agreed to create a state and give to the government just enough power to promote the safety and well-being of all. Government exists to serve the will of the people, and the people are the sole source of political...
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...University Press. Within the UK, exceptions are allowed in respect of any fair dealing for the purpose of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act, 1988, or in the case of reprographic reproduction in accordance with the terms of the licences issued by the Copyright Licensing Agency. Enquiries concerning reproduction outside these terms and in other countries should be sent to the Rights Department, Oxford University Press, at the address above This book is sold subject to the condition that it shall not, by way of trade or otherwise, be lent, re-sold, hired out or otherwise circulated without the publisher's prior consent in any form of binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser British Library Cataloguing in Publication Data Raz, Joseph The concept of a legal system.-2nd ed. 1. Jurisprudence I. Titleeem 340.1...
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...CSS 105 COURSE GUIDE COURSE GUIDE CSS105 INTRODUCTION TO POLITICAL SCIENCE Course Developer Dr. Derin K. Ologbenla University Of Lagos Akoka – Lagos. Dr. Derin K. Ologbenla Course Writer University Of Lagos Akoka – Lagos. Course Co-ordinator Dr. Godwin Ifidon Oyakhiromen National Open University of Nigeria Lagos. NATIONAL OPEN UNIVERSITY OF NIGERIA ii CSS 105 COURSE GUIDE National Open University of Nigeria Headquarters 14/16 Ahmadu Bello Way Victoria Island Lagos Abuja Annex 245 Samuel Adesujo Ademulegun Street Central Business District Opposite Arewa Suites Abuja e-mail: centralinfo@nou.edu.ng URL: www.nou.edu.ng National Open University of Nigeria 2006 First Printed 2006 ISBN: 978-058-434-X All Rights Reserved Printed by Goshen Print Media Ltd For National Open University of Nigeria iii CSS 105 COURSE GUIDE Contents Introduction......................................................................... Aims................................................................................... Objectives........................................................................... Working through the Course.............................................. Course Materials................................................................ Study Units........................................................................ Textbooks and References.................................................. Assessment.......................................
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...of action". More often than not, people do not take the time to realize all of the freedoms in existence around the world today. Take a moment and realize the importance of freedom based upon the many struggles today and in the past for this ideal. Many major campaigns, wars, and conflicts have been driven by the conquest for freedom. The definition of freedom can be explained best using the literary concepts of description, exemplification, and negation. Freedom is a very complicated word to define in any one way. It presents many challenges in our direction. It can be interpreted various ways because there are so many freedoms that are available to discuss and consult. If people were not allowed basic freedoms, such as freedom of speech, the world would be a drastically different place to live in. Freedom has never come easily and most likely never will for anyone or any place. People with great freedom in their lives are always proud and delighted at the achievement. Malinowski wrote, "Freedom is a symbol which stands for a sublime and powerful ideal. The same symbol, however, may become a dangerous weapon in the hands of the enemies of freedom". Indeed, freedom is quite powerful and when the wrong person possesses the power, it can become very limiting upon society's basic freedoms. Bronislaw Malinowski wrote, "Freedom can be defined as the conditions necessary and sufficient for the formation of a purpose, its translation into effective action through organized...
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...Economics and Business Administration: MSc Program Business Administration. Prof. dr. Eduard Kimman course assistant: Karin Tjeerdsma (k.t.tjeerdsma@vu.nl) Background This course, in the setting of various Master Programmes at the Faculty of Economic and Business Sciences, is about the morality of professional people acting in the context of a business organization. Business organizations or organizations as such do have a formal structure in which responsibility ultimately lies with a director or the board of directors. A business organization forms a context for a great variety of decisions. In a juridical perspective the organization is the bearer of numerous transactions. Inside organizations one may find remarkable opportunities for just or unjust behaviour, for moral or immoral behaviour, for situations of equality or inequality which deserve to be evaluated ethically. As FEWEB is a school for the study of economics and business administration in an economic perspective we focus on so-called “economic decisions” which are decisions being taken with some form of economic calculus. In this course we will spend time on questioning whether the economic or financial outcomes of these decisions are morally neutral or deserve some further moral investigation. Now, this course trains its participants what moral investigation is all about. We do so, for example, by questioning whether such decisions or the expected outcome of such decisions may contribute to something as...
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...Editor: AG. Dean,/Programme Leader: Course Coordinator: Mr. Ayodeji ige, LLM, BL 2 LAW 443 ADMINISTRATIVE LAW I COURSE GUIDE CONTENTS PAGE Introduction ……………………………………………………………………….. 1 What You Will Learn in this Course …………………………………………….... 2 Course Aims ………………………………………………………………………. 3 Course Objectives ………………………………………………………………… 3 Study Units ……………………………………………………………………….. 3-4 Tutor-marked Assignment ……………………………………………………....... 4 References/Further Reading ……………………………………………...……. 4 3 LAW 443 ADMINISTRATIVE LAW I Introduction Consider a situation where your residential property in which you have lived for decades has been demolished by the authorities of the FCT, or the Lagos State Ministry of Environment for allegedly being located in an industrial area. Suppose some customs officers at a checkpoint found you in possession of items which they claim to be contraband and, therefore, seized pursuant to the new Customs policy of zero-tolerance of goods likely to endanger the economic growth or contribute to the economic adversity of the country? But it turns out that you can, in law and in fact, possess or own those items. Imagine yourself as a principal of Secondary School in Lagos State. The host community of your School wrote a petition against you to the Ministry of Education. Acting on the petition, the Ministry indefinitely suspended you and later retired you compulsorily. How about a...
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...dictionary[2], Unfettered right to do what one wants when one wants as one wants, except where it infringes or prevents another from doing what that one wants, and do so on. Also excluded is doing something that would harm one’s self or another. Human development is a concept within the scope of the study of the human condition, specifically international development, relating to international and economic development. This concept of a broader human development was first laid out by Amartya Sen, a 1998 Nobel laureate, and expanded upon by Martha Nussbaum, Sabina Alkire, Ingrid Robeyns, and others (UNDP, 2012). Human development encompasses more than just the rise or fall of national incomes. Development is thus about expanding the choices people have, to lead lives that they value, and improving the human condition so that people have the chance to lead full lives (Streeten, 1994). Thus, human development is about much more than economic growth, which is only a means of enlarging people’s choices (UNDP, 2012). As a general definition, indicators are “tools for providing specific information on the state or condition of an event, activity or outcome.”[3]Indicators can be either quantitative or qualitative statements. Quantitative indicators measure progress or results in terms of quantity, such as the number of judges trained in human rights or the percentage of a population that understands certain human rights. Qualitative indicators gather data that is best expressed and...
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...AP US History Document Based Question Directions: The following question requires you to construct a coherent essay that integrates your interpretation of documents A-K and your knowledge of the period referred to in the question. In your essay, you should strive to support your assertions both by citing key pieces of evidence from the documents and by drawing on your knowledge of the period. High scores will he earned only by essays that both cite key pieces of evidence from the documents and draw on outside knowledge of the period. Analyze the changes that occurred during the 1960's in the goals, strategies, and support of the movement for African American civil rights. Use the documents and your knowledge of the history of the 1960's to construct your response. Document A “We affirm the philosophical or religious ideal of nonviolence as the foundation of our purpose, the presupposition of our faith, and the manner of our action. Nonviolence as it grows from Judaic-Christian traditions seeks a social order of justice permeated by love. Integration of human endeavor represents the crucial first step towards such a society. Through nonviolence, courage displaces fear; love transforms hate. Acceptance dissipates prejudice; hope ends despair. Peace dominates war; faith reconciles doubt. Mutual regard cancels enmity. Justice for all overthrows injustice. The redemptive community supersedes systems of gross social immorality.” Source: Student Nonviolent Coordinating...
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...BASICS of ETHICS - An Essay Honesty and Loyalty may be often deeply ingrained in the make-up of simple and humble people than in men of high position. A man who was taking bribes when he was a constable does not turn honest when he becomes the Chief of Police. The only thing that changes is the size of the bribe. Weakness of character and inability to withstand temptation remain with the man no matter how high he climbs. INTRODUCTION It is often stated that the most important resource of any organization is the Human Resource. This essay addresses the relevance of ethics in Human Resource (HR) Management and discusses various ethical and motivational aspects, including ethical values and ethical decision-making. Ethics is an integral and vital aspect of Human Resource Management since most of our actions and decisions have ethical manifestations with consequential ramifications in the HR domain. There is a general belief that ethics is concerned only with financial propriety. Whilst this aspect certainly involves ethics, ethical management is all encompassing concerning each and every facet of your professional and personal life. There is a story, probably apocryphal, which illustrates this. There was a cyclonic storm and millions of fish were washed ashore and were struggling for life on the beach. A man came to the beach and patiently began to pick up the fish, one by one, and throw them back into the sea. An amused passerby asked him what difference...
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