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Broad Construction Of The Constitution Essay

Decent Essays

History is a major part of a country and its citizen’s heritage. However, America’s heritage is a short yet confusing one with different events and opinions argued as its true beginning as a sovereign nation. Although historians argue that the Spanish settlement of St. Augustine in Florida marks the start of American History, the written Constitution and development of a government more accurately reflects the beginning because this shows the beginning of an organized, connected and strong nation.
According to Albert P. Blaustein, “It can easily be argued that America’s most important export has been the Constitution of the United States.” (Blaustein). The American Constitution is a building block to democracy and structure, studied by many …show more content…

Mahoney, “The Constitution both grants power and imposes limitations on the exercise of governmental power.” The early American government relied on the Constitution as its guidelines, careful not to give one person too much power or too give written word too much power. There were disagreements over interpretations and the functioning of the government, like there is today, yet the freedom of interpretation was a symbol of their independence as a nation from Great Britain. With a Constitution to help them, the American people created an organized and helpful guidelines that are newly interpreted and discussed today. Broad construction, sometimes called "loose construction," is an approach to CONSTITUTIONAL INTERPRETATION emphasizing a permissive and flexible reading of the Constitution, and especially of the powers of the federal government. Like its opposite, STRICT CONSTRUCTION, the phrase has political, rather than technical or legal, significance. (Mahoney). Although they are different, both forms of interpretation depend on the Constitution for …show more content…

Milanich, “In 1565 Spain established the earliest permanent European settlement in North America at San Augustín (present-day St. Augustine) on the Atlantic coast of the Florida peninsula.” When the Spaniards anchored in Florida, they did not mean to colonize or begin a new nation separated from Europe, or even their native Spain. Instead, they chose to claim the area of land that they had settled on, for Spain. The Spanish did not consider themselves “Americans” but as Spaniards, claiming new land and protecting it for their country. To be a Spaniard, or African, living in San Agustín during the 1500s meant isolation from the outside world, inadequate supplies, constant threat of attack from Indians or the French (which occurred in 1568), and a lack of female companionship. (Milanich). Life at San Agustin was not meant to be a chance at organizing a new country, but honoring their native one, and refusing to discover the natural beauty and people of

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