Friday, December 20, 2019

Essay on Framers View of the Constitution - 1489 Words

Our history has always been about doing this differently. It has been our desire since the infancy of our nation to create the most uniquely successful geographical brotherhood that had ever been witnessed. This began with the â€Å"city on a hill†, was fueled by the American Revolution, but was culminated by the United States Constitution. Years in the making, the product of a successful war but a failure known as the Articles of Confederation, the Constitution has been the pride and joy of our nation since its creation. However, America has changed much in 235 years. The Internet has come to not only exist but encompass many aspects of our daily life, muskets have made way to weapons that can be hidden in clothes and disperse over a dozen†¦show more content†¦This theory was also carried over into the legislative branch, where the public opinion was foregone in favor of elected and appointed lawmakers (recall that the early Senators were appointed by their respectiv e state’s legislature). Another was the militant nature of their world. Still entrenched in the difficult life of the pioneer era, the Revolution was a sign of a wonderful future but a still exceedingly difficult present, and ensuring the protection of our newborn nation was a huge priority. Though that appears similar to the present-day psychology of a nation at war with terrorists, it is the monumental difference between knowing who was enemy and friend then, and believing anyone can be an enemy today. It is clear that the Framers lived in a completely different world than the modern-day American, but that in and of itself does not prove the obsolescence of the Constitution. The Constitution was inherently designed to last forever. The original Bill of Rights specified freedoms and liberties in a vagueness that, ideally, created a clear-cut definition of any ideological dispute but also left room for evolution. But, were they successful? Is the Constitution a truly timeless document? For the purposes of this particular debate, we will focus on the First, Second, and Fourth Amendments of the Constitution; these threeShow MoreRelatedThe Constitution Is Revered For Both Its Age And Its Brevity944 Words   |  4 PagesThe U.S Constitution is revered for both its age and its brevity. The Constitution is a short and concise document has been able to stand the test of time and it has remained the ultimate guide of principles for law creation and enforcement. With that being said, the words of the Constitution are unclear in many respects. Politicians have debates over the Constitution due to the reason that it is difficult to figure out what the Framers meant when they originally wrote the Constitution. AccordingRead MoreThe Debate On Constitutional Interpretation1730 Words   |  7 Pagesthe argument over how the Constitution should be read has varied, from the strict textualist approach to the most lenient, the instrumentalist position. The Constitution has long been referred to in terms of being a living or dead document, and its interpretation has significant ramifications on this country’s legal climate. This paper will analyze and compare two different forms of Constitutional interpretation: originalism and activism. While the intent of the Framers should certainly not be ignoredRead MoreTheu.s. Constitution Vs. The Constitution1399 Words   |  6 PagesThe U.S Constitution was written by James Madison and was ratified on July 21, 1788. Ever since people had trouble determining how it should be interpreted. When judges interpret the constitution, they are interpreting new facts to an established law that has been given meaning and has a historical background. Many people argue that it should be read how it was written who are known as Originalists. Then there are people who believe that the Constitution evolves as society does and they are knownRead MoreConstitutional Interpretation Essay1012 Words   |  5 Pagesfrom â€Å"How to Read the Constitution† by Christopher Wolfe, and different source’s from Internet. I will start by giving what Wolfe says originalism is, and then I will give some background to other ways to interpret the constitution, and the founders and interpretation and I will finish up with my view on originalism and non-originalism and the critics to that. Wolfe on Originalism Wolfe says that originalism is a two-fold doctrine. First, it holds that the constitution is generally intelligibleRead MoreUnruly Americans And The Origins Of The Constitution1677 Words   |  7 Pagesmain purpose behind the book Unruly Americans and the Origins of the Constitution, by Woody Holton is to demonstrate the authors view on the true intent of the Framers when writing the Constitution. Although at first glance the book may seem to uphold the idea that the framers wrote the Constitution in order to protect civil liberties, Holton has a different opinion. To avoid a one sided book, the author not only looks at the framers intent, but the struggles facing the American people. This bookRead MoreHoltons Interpretation Of The FramersDistrust Of Tyranny?1584 Words   |  7 PagesUnruly Americans and the Origins of the Constitution that the Framers’ creation of the Constitution represented a â€Å"slur on the capacity of ordinary citizens† to govern themselves by placing the power of the National Government into the hands of the opulent few (Holton, Unruly Americans, 278). Is Holton’s interpretation of the Framers’ intentions equitable, or has he treated the delegates unfairly in neglecting the democratic elements of the document and the Framers’ distrust of tyranny? Section I arguesRead MoreHow Democratic Is The U.s. Constitution1506 Words   |  7 Pagesthe drafting of the U.S. Constitutions in 1787. These laws helped established America s national government and fundamental laws as well as guaranteed our citizens equal rights. Robert Dahl brought new light on the issue of how our nation views the U.S. Constitution and h ow effective it came to be. Most importantly, there is the possibility that Americans have the ability to alter the Constitution when it is needed. In Dahl’s book â€Å"How Democratic is the U.S. Constitution?†, he makes us think deeperRead MoreThe Articles Of Confederation During The Revolutionary War1075 Words   |  5 Pagesvotes of the people, the people cast their own direct votes. Before the creation of the Constitution, the U.S. government created The Articles of Confederation during the Revolutionary War period. Inside the Articles of Confederation, there was no mention of an executive branch. There was also no blueprint for a president, and; no method for choosing a president for the entire nation. In 1789, The Constitution replaced The Articles of Confederation, and the country became a representative democracyRead MoreConstitutional Interpretation of Checks and Balances Essay1671 Words   |  7 PagesInterpretation of Checks and Balances The problem of interpreting the Constitution and framer’s intent is a constantly permeating and troublesome question in the minds of Supreme Court Justices, judges, prominent politicians, and policy makers alike. It is a problem that has been pondered for years and years in the courtrooms and on paper with no real conclusion. One such essay arguing this dilemma is â€Å"How Not to Read the Constitution† by Laurence H. Tribe and Michael C. Dorf, who explore the questionsRead MoreUnlike Fisher, John Yoo Believes That The Intention Of1280 Words   |  6 Pages Unlike Fisher, John Yoo believes that the intention of the framer was to lay out a Constitution that would evolve with time. He is not stating that the Constitution does not hold true but rather that because of different circumstances during these times that the Constitution should not be followed word for word. This is why Yoo’s believes that the President can hold power to declare and terminate war and has because Congress has allowed the President to make these decisions. He acknowledges

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