Chapter 1, Article 1: Congress vs. the States on Guns Chapter one of the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, and Jonathon Kingsbury discuses a historical overview of the United States, or better known as the U.S. Constitution. To elaborate, the textbook educates the reader on why the U.S. Constitution was created, as well as what its main purpose is. Most people know that the U.S. Constitution was not necessarily an original thought by the United States. In fact, it was greatly influenced by the English document known as the Magna Carat (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 13). In addition, the U.S. Constitution was fashioned, mainly, as a binding document to prevent any one person from having complete power in the United …show more content…
14). However, throughout the inception of the U.S. Constitution, there were many items that members of the Constitutional Convention strongly disagreed on (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 14). For example, matters such as the Virginia Resolution, and the New Jersey Plan, lead to what is known today, as the Great Compromise (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 15). As stated in the textbook, the Great Compromise gave each state within the U.S., an equal vote in the Senate and a proportionate vote in the House (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 15). Sadly, even after the Great Compromise took place, disputes continued in establishing the baseline for the U.S. Constitution. Moving on, in August 1787, a draft of the U.S. Constitution was ready to be scrutinized (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 15-16). However, during the examination of the U.S. Constitution further issues came to light, which after some time, resulted in establishing the Bill of Rights (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 21-23). One of the amendments
On May 25, 1787, fifty-five delegates from twelve states met in Philadelphia to revise the Articles of Confederation. Instead, they decided to totally scrap the Articles and create a new Constitution, known as "a bundle of compromises." Whatever these leaders ' personal desires, they had to compromise and adopt what was acceptable to the entirety of America, and what presumably would be suitable to the nation as a whole. There were many compromises made at the Constitutional Convention, such as representation, slavery, and laws concerning foreign/ interstate imports and exports.
“Perhaps the greatest debate undertaken by the delegates to the Constitutional Convention in 1787 centered on how many representatives each state should have in the new government's lawmaking branch, the U.S. Congress. As is often the case in government and politics, resolving a great debate, required a Great Compromise.”(About) The Great Compromise that was reached by Roger Sherman and Oliver Ellsworth on July 16, 1787 incorporated the Virginia Plan and the New Jersey Plan in parts. It formed a bicameral legislature as proposed by the Virginia Plan. It also decided that the lower house would have representatives in proportion to population of each state. These representatives would be elected by the people. However, while deciding on the representation of states in the upper house, as per the tenets of the Great Compromise, each state would have two members, irrespective of its population.
This book emphasizes the alternative interpretations offered by Americans on the origins of the Constitution. Holton’s purpose with this book was to show that the framers interests involved making America more attractive to investors. In order to do so, they purposefully made the government less democratic with the writing of the Constitution. However, with the addition of the Bill of Rights, one could argue the Framers had at least a slight concern for the American people and their civil liberties.
Tyranny is a monster; a dictatorship in full force, and one operation that can demise the greatness and the tenacious power of a country within months. But the United States of America, the country with the longest standing Constitution in history, disregards tyranny as impertinent, as George Washington had once said, “A free people ought not only to be armed, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which may include their own government.” The United States Constitution encompasses the fundamental laws and provides the guarantee of many basic rights to the citizens of the country. It establishes the national government of the United States. The document
The Constitutional Convention was the gathering point of the fifty-six delegates from the twelve states where the latest Constitution was written. This historical event took place at the Annapolis Convention in Philadelphia. The Constitutional Convention met between May and September of 1787. They argued on almost everything, some delegates argued over the powers that the president should have, and other argued about the number of representatives each state should have. To settle these problems, compromises were proposed. The most important compromises that led to the creation and ratification of the Constitution of the United States were: The Great Compromise, The Three-Fifths Compromise, The Slave Trade Compromise, and The Massachusetts Compromise.
The Great Compromise of 1787 was also known as the “Connecticut Compromise” which was named in honor of Roger Sherman. It was a system of congressional representation. This compromise would be with us still to this day. At the Constitutional Convention in 1787 there were three plans that were proposed, the Virginia plan, the New Jersey plan and the Great Compromise. The Virginia
Have you ever wonder the process that the Founding Fathers of America had to go through to create our system of government? One of the vital pieces to establishing this government was the famous document known as the Constitution. The Constitution was a highly argued document, because many people were concerned about if it would protect the newly-separated country of america from the tyranny that they had faced with their previous king. The Constitution ended up being the people's’ savior after the delegates signed it in September 1787, and protected them from tyranny in their country even better than before. All and all, the Constitution guarded the United States against tyranny creating a system
amount of slaves. As of the whole population including slaves, Delaware had a low whole
The U.S. Constitution, drafted by the founding fathers at the constitutional convention, drew from several historical documents, ideas, and figures in order to “form a more perfect union.” Among these influences were the Magna Carta and English Bill of Rights, originating in England. However, the U.S. sought to differentiate from England, in order to be better than what they had recently gained independence from. In order to do so, the founding fathers referenced The Mayflower Compact, The Articles of Confederation, Social Contract Theory, Classical history, and Montesquieu. Through the inclusion of these ideas, the United States Constitution made improvements to Great Britain’s government system.
Fifty-five delegates from twelve states met in Philadelphia to revise the Articles of Confederation. Instead of improving the Articles, they completely scraped it out and created a new Constitution. This new Constitution was known as “a bundle of compromises.” No matter the personal desires of each leader, they had to compromise and adopt a Constitution that was acceptable for the entirety of America. They had to create something that was suitable and met the needs of the whole nation. The document created one of the world’s most democratic governments. Many compromises were made at the Constitutional Convention, such as representation, slavery, and laws regarding foreign / interstates imports and exports.
One characteristic of American culture trough out the years, has been its affinity for diverse weaponry, particularly guns. However, many do not realize that America’s relationship with guns is engraved into the very frames upon which the country was established. In the eightieth century, as a means for hunting and self-conservation during the American Revolutionary War and the American Indian War, it was established with the enactment of the American Constitution that “A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed”, also known as the Second Amendment. (Constitution)
Soon there was sufficient interest from the states to arrange an official meeting in Philadelphia to change the Articles of Confederation. During the 5 months that the delegates met in secrecy they worked together to create a checks and balance system to prevent any abuse of power. Resulting in the government’s power split between three very different branches of government from part of the Virginia plan called the legislative, executive, and judicial branches. Under this adopted plan congress was given the power to veto laws passed by the state legislature and protect the harmony of the United States. The delegates of the Constitutional Convention came to what is known as The Great Comprise by adopting a two-house legislature. This compromise gave proportional representation to the House of Representatives and equal representation to the senate and established that three out of five slaves would be included in state’s critical headcount. Another measure to balance power in the legislator, the delegates created the Electoral College as a way to elect the president and vice president. On September 17, 1787 George Washington declared the Constitutional Convention had come to an end and they had completed writing the constitution. Needing the approval of only nine states the ratification of the constitution created many debates between the Federalist and Anti-Federalist about how and why the country would benefit from this new government structure. By June 25, 1788 the constitution had sufficient votes to become the new form of government. The newly adopted constitution allowed for the national government to regulate commerce and establish common laws between the states ensuring growth in unity as a nation. With the proper governmental organization put in place, westward expansion was the main
The nation that we live in today proudly proclaims its perpetuation of freedom and democracy, and with these qualities it conveys supreme justice. The United States government and its constitution are regarded by many as the pinnacle of civil government, as the ultimate projection of civil justice. However, no government is perfect, for man himself is inherently imperfect. For over two centuries since its birth, The U.S. constitution, which many hold in such high esteem, has been continuously molded to fit our ever changing society. Many of these changes have been good and necessary, while others have caused unforeseen problems. Even in light of harm to society, however, the constitution and its
When speaking about American government, it’s hard not to think about the United States Constitution. The most important document to America which set the building blocks of our newfound nation. This is the certificate created fundamental laws for our country and outlined our primary civil rights as citizens. Not to mention, future laws and court cases will be judged on whether they are in compliance with the guidelines set in this historic archive. The magnitude this paper holds on our great country's ability to remain at peak performance and influence is absolutely remarkable.
The purpose of this paper is to Advise Allan, Belinda and CareFree Pty Ltd as to the constitutional validity of the Medicinal Cannabis Act 2011 (Cth) (MCA) in terms of whether its provisions apply to them under the trade and commerce power s 51(i) and as to whether the MCEA (Medicinal Cannabis Export Authority) is constitutionally valid in light of the separation of judicial power doctrine. This paper begins by analysing the validity of MCEA. In doing so the paper not only confers to the characterisation of the laws under the trade and commerce powers of s 51(i), but also includes the implied incidental powers and the doctrine of principles of separation of judicial power. There after it advises Allan, Belinda and Carefree Pty