Public Law Framers

When the Second Constitutional Convention wrote the Constitution in 1787, there was a controversy between the federalists and the anti-federalists surrounding whether or not to have a Bill of Rights. The anti-federalists claimed that a bill of rights was needed that listed the guaranteed rights that the government could never take away from a person i.e. “inalienable rights.” A Bill of Rights was eventually deemed necessary, and has worked for over 210 years. There are many reasons why the ten amendments are still valid to this day, and the best examples are the First Amendment, concerning the freedom of religion, the Fifth Amendment, and the Sixth Amendment.

The Bill of Rights was ratified together with the Constitution in 1791. The Bill Rights was incorporated with the Constitution to diminish the fear by the Anti-Federalists of a government

To further strengthen the rights of the people, The Bill of Rights was ratified on December 15, 1791. With only the first ten amendments, it is no accident that two amendments, 9 and 10, specifically define the Constitutions purpose to protect rights, given to the government from the people; and the powers of the government are “only those delegated to it by the Constitution on behalf of the people” (Spalding, Page 145).

Courts are established social, political, and judicial institutions necessary for the manifestation of justice and the maintenance of law and order. The courts are part of the judicial branch of government, as outlined in Article III of the United States Constitution. Courts are the arenas in which the law is tried and applied. Judges are the presiding officers of the court. The United States Supreme Court is the most fundamental court because has "the authority to decide the constitutionality of federal laws and resolve other disputes over them," (United States Courts, 2012). This is true even though even though the court does not expressly enforce that law; enforcement is the province of the executive branch.

In the Constitution, the Supreme Court is the overriding law of the land. The Supreme Court can overrule the decisions made by the likes of a state or appeals court. The Constitution is clear in its attempts to unify the nation and strengthen the federal government, all while maintaining the freedoms of the states and the feeling of equality. Though the Constitution is written in a vague way, leaving it to be open for interpretation and allowing it to conform with the changes that time brings to society. But because of the uncertainty of the document, it has often been misinterpreted, or has caused a wide array of viewpoints of a certain issues. The most memorable example being that of the Civil War, but today it is even more prevalent when we try to relate modern day issues to the ambiguous instructions left to us by our forefathers.

The United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively,

Originally the Constitutional framers did not include a list of specific liberties. These liberties later would become a Bill of Rights. Many of the founding fathers did not believe it was necessary to spell out these individual liberties because they felt that the U.S. Constitution already made it clear what the limits on the government’s powers were. Soon it would become more evident that the Constitution didn’t go far enough in addressing the issue of national power. As the ratification debates began, numerous issues arose. The framers realized the pressing need for a specific Bill of Rights.

The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican

The first is in Article 1, Section 1, "All legislative powers...of a Senate and House of Representatives.". What it is saying is that only the US congress which will be composed of the Senate and House of Representatives will be allowed to create new laws. Article 2, Section 1, Clause 1 is the next example. It states that "The Executive power shall be vested...chosen for the same term...".  What this is saying is that the President and Vice President will be in office for 4 years, and in those 4 years the president will have executive power. This is helpful because the president would have too much power of he were in office for over 4 years. The last example is Article 3, Section 1 "The Judicial power...as the congress may from time to time ordain...during good behavior.". What this means is that the Supreme Court holds the Judicial power to interpret laws. This protects against tyranny because it also mentions that if the Judge is caught doing something wrong they can also be dismissed from their

A quote from Thomas Jefferson said that "a bill of rights is what a people are entitled to against every government on earth, general or particular, and what no just government should refuse or rest on inference (Schweikart)." One would think that Jefferson was a wise man for saying this. His words were powerful. Many people felt this way and the American people did not want a corrupt government that was only for the rich. During the writing of the bill of right there were the Federalist and the anti-federalist the two were in disagreement of whether the ten amendments should be added. The Federalist felt as if the constitution was already completed and nothing should be added, although the anti federalist felt that the people’s rights should be set in stone, and some things needed to be added to the constitution to reassure the people. The anti Federalist wanted to change the wording of the United States Constitution. The Federalist disagreed and said that no one had the right to change the United States constitution and that the bills should be reviewed and added on to the constitution. “The House voted to accept the Bill of Rights on September 24, 1789, with the Senate concurring the following day. (Bingham)" The bill of rights was there to ensure that the people followed the rules and that the government could not invade their rights. “Apparently, the first 10 amendments officially became part of the Constitution with their ratification by Virginia in late

The supreme Court is the head of the judicial part of Government in the USA, it acts as an appellant court which can also on occasion deal with ambassadorial and diplomat cases. It is separate from the other 2 branches of government in order to remain independent and provides a powerful check on those branches. However it has been criticised by being called democratically lacking. The members have a significant amount of power

The Framers of the Constitution decided to give the Judicial Branch the power to decide if people are breaching laws and if laws are constitutional or not. The Framers allowed the Judicial Branch to have a court for the people that decided to breach the laws and decide their punishment if they did breach the law. The Framers also gave the people the right making jury the court and the final decision on the person's fate or whether or not they were guilty (Phaedra

The first 10 amendments of the Constitution are called the Bill of Rights as many of us know of that. The Bill of Rights were ratified in 1791, which is during the presidency of our first leader in office George Washington. The Bill of Rights amendments 1-10 limited the power of the national government and guaranteed US citizen’s certain personal rights. Once James Madison proposed the amendments to the House of Congress it didn’t take long for three-fourths of the states to ratify the 10 amendments.

The importance of the Bill of Rights was not universally agreed upon at the time of their suggestion (Amar, 1992). In fact, in the original Constitution the Bill of Rights was specifically rejected by the Constitutional committee. The general feeling among committee members was that the provisions of the Bill of Rights were unnecessary in that protections were already in place. Fortunately, there was a vocal group of critics who argued that the Constitution was incomplete without human rights guarantees and James Madison, the principal architect was persuaded to draft what eventually became the Bill of Rights. The adoption of these ten amendments were important to the common citizenry as they clarify the various natural rights recognized by the Government such as the right to petition the government, the right to free speech, freedom of religion and the right to assembly. Without these guarantees being set forth in written form many of the Founding Fathers felt that the government would have the tendency to violate the rights of the people and that the Bill of Rights was the best way to limit the power of the national government.

When the United States Constitution was established, the founding fathers devised the core of the court system that is present in today’s society. The state and federal government each have a version of a Supreme Court which is typically led by a Chief Justice. The states level Supreme Court Justice governs the issues that pertains to the citizens within the respective state. These individuals will also take part in hearings or proceedings that impact of law of the state and hear constitutional cases with regards to the state. On the federal side, a Supreme Court Chief Justice will operates more on a national