The Fundamental Principles Of The Us Constitution

According to “Freedom of Speech” by Gerald Leinwand, Abraham Lincoln once asked, “Must a government, of necessity, be too strong for the liberties of its people, or too weak to maintain its own existence (7)?” This question is particularly appropriate when considering what is perhaps the most sacred of all our Constitutionally guaranteed rights, freedom of expression. Lincoln knew well the potential dangers of expression, having steered the Union through the bitterly divisive Civil War, but he held the Constitution dear enough to protect its promises whenever possible (8).

The assignment I would want to talk about is The Seven Principles of the Constitution project. What my teacher wanted me to do was to pick a option which was 1-8. What I decided to do was option number 4 with a partner. Option number 4 was a power point of the seven principles. The expectation was to have a slide for each 7 principle an a extra slide. The point of this assignment is to explain each principle and write and extra paragraph of how it helps me in life. My expectation on this project is an “A” and the grade I got was an “A”.

All of the seven principles of the Constitution are very important, but these are the two most significant. Separation of Powers and Individual Rights are the two most important because of the duty they both serve.

America’s first president George Washington once argued at the [whenever he said this] that “If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.” It is an essential component to the daily life of any constitutional republic, such as that of the United States even though it is a right granted to all American citizens, in the past, freedom of speech has been abridged to accommodate political correctness, to prevent disruptive behavior that could negatively affect others, and to protect confidential military information.

Even in the early stages of American history there was an urge to put legally protected freedoms into written government documents. The result was the drafting of the first ten amendments to the Constitution, the Bill of Rights, by James Madison. The applications of the personal freedoms described in the Bill of Rights, particularly the freedom of speech, have been challenged repeatedly in American courts of law and elsewhere. These incidents and challenges of authority reflect the defensive American attitude toward the ever-important freedom of expression and the growing significance of personal rights throughout American history.

Back in the year of 1791, when our grand country was at the tender age of fifteen, two gentlemen gathered together to form a written document that would protect their newly attained freedom. These written principles, later know as the Bill of Rights, were penned primarily by George Mason and James Madison. The Founding Fathers of the American public’s home country. It is interesting to note that not only were these two men the authors of Bill of Rights but were also successful in their own careers too. George Mason, a prospering planter in the state of Virginia and James Madison a graduate of the College of New Jersey, known as present day Princeton. Madison was a lawyer by trade, but was driven with a profound interest in ministry. They came together to compose one of the greatest treasures in the nation’s history: the Bill of Rights. In this written expository, this author will be discussing the first of the ten of these amendments: the amendment that guarantees Americans the freedom of Speech. The necessity of free speech and the important values it contains is a main foundation for this country, therefore, Rosenblatt 's argument for the freedom of “expression” is valid because it certifies our right to speak freely, form an opinion, and exercise the correct function of democracy while on American soil.

In chapter two of On Liberty, John Stuart Mill stresses the importance of free speech. In the chapter, Mill lays out several arguments for why it is always beneficial for people of the minority opinion to voice their opinions. He also believes that free speech is justified because humans can never know if the majority opinion is truly correct. It is clear that Mill’s writing on free speech is an application of Socratic wisdom mainly because of his emphasis on debate, and his acknowledgement of the limitation of human knowledge. I personally believe that Mill took freedom of speech too far in On Liberty, and will explain my claim in light of the events that occurred in Charlottesville last summer.

In the USA and in each of the fifty states, the most basic fundamental is a constitution, which is a relatively simple document and is the self-designated supreme law of the land. As the supreme law of the land, Constitutional Law texts are generally divided into two parts. The first part is about the allocation of powers. This entails two basic principles of American Constitution:separation of powers and division of powers. The former one discusses the interaction among the three constituent elements of national goverment, while the latter one refers to the extent of power possessing by the federal goverment and specification of states' power. Both of the two principles function under one

This paper will discuss John Stuart Mill’s argument about the freedom of expression of opinion, and how Mill justified that freedom. I will also discuss how strong his argument was and whether or not I agree with it. John Stuart Mill was a political economist, civil servant, and most importantly an English philosopher from the nineteenth century. Throughout his writing, John Stuart Mill touched on the issues of liberty, freedom and other human rights. In his philosophical work, On Liberty, he discussed the relationship between authority and liberty, as well as the importance of individuality in society. In chapter two of On Liberty, Mill examined the freedom of expression in more detail, examining arguments for and against his own.

Freedom is a necessary principle to abide by in order for the human race to function. On the other hand, freedom can be taken advantage of, thus resulting in harmful consequences to those directly and indirectly involved. The article, “On Liberty” by John S. Mills, places emphasis on the functioning of individual liberty and its co-existence with society. Mills stresses the limits of individual liberty through what is famously known as his Harm Principle: "the only purpose for which power may be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant" (Cahn). With special consideration placed on drug use and free

Mill wastes no time in articulating the central thesis of On Liberty; he states, "Over himself, over his own body and mind, the individual is sovereign" (69). Mill, then, does not make the individual more important than society, but he separates the individual from society and articulates a realm of existence in which society, or the community, should have no power over the individual. Mill states, "The sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number is self-protection…His own good, either physical or moral, is not a sufficient warrant" (68). Society, therefore, has no right to intervene in the private life of any person, unless they act in such a way that prevents others from enjoying their own rights.

Inhibition of one's liberty, such as their liberty of conscience (i.e. freedom of speech), is unjust by Millian principles, unless the person's use of deliberation is to voice hate speech. So what is hate speech? Hate speech is directed towards a member of a group, or the group as a whole, that vilifies on the basis of the subject's beliefs. In comparison to discriminatory speech, hate speech does not invoke mere offense, but in most cases is traumatic, and severely impair one’s deliberative capacities, or their mental faculties (judgment, moral preference, intuition, etc…). Liberties have been established to protect our deliberative abilities, as these are conducive to achieving happiness, which to Mill is the individual's primary goal. So why should we regulate hate speech? Although it is important to allow people's freedom of expression, as this is conducive to promoting one's individuality, hate speech can stigmatize one's character, and for this reason hate speech is not always morally, or legally permissible. To better understand hate speech's importance, I will describe Mill's argument in favor of prohibiting hate speech, following this I will object to Mill's rejection of hate speech, finally, I will show why hate speech should be regulated, and why allowing it is dangerous to humans, and society as a whole. Freedom of expression is imperative for improving one’s character, but not all forms of opinions', such as hate speech, should have full freedom to be

The book starts off by discussing the fact that liberty is important to protect individuals against political tyranny of overzealous rulers. Citizens of the society were beginning to realize that in order for them to achieve liberty the government would have to step in, and act as a instrument of the peoples will. Whatever the majority chose in a society was what the government would have to go with as its main purpose should be to serve the best interest of the citizens. Mill recognizes this new so-called victory of the people is nothing they assume its like to be, its in fact just a way for a new type of tyranny; the type of prevailing opinion. This type of tyranny is far worse and more evil as it silences the voice of the minority, and lets the majority rule. The minority of a society should be able to state their opinion even if it may be wrong, right, or even part of the truth. According to Mill, everyone’s contribution is extremely important in a community. Mill states that society should not impose its values on anyone because even though the majority choses one path, it doesn’t mean that they are right because human opinion is error-prone and thus we should listen and not be so judgmental on the opinions of those who don’t agree with majority. The majority group if people who choose one path may not always realize that they might be making a error in judgment which those in minority can be able to see. Mills

In On Liberty (1859), John Stuart Mill was a strong believer of freedom of speech. He identifies the Harm principle to protect the freedom of thought and expression. He argues that people should not be silenced for expressing their opinion or how they feel based on their beliefs. He declares four vaguely arguments and makes several examples as to why freedom of speech is a very important aspect to society. In this paper, I argue that Mill is correct in declaring that we have the right to express our opinions as long as it does not bring harm to others. First, I will define how Mill uses the harm principle to declare his argument and the four distinct reasons for freedom of opinion and the expression of opinion. Secondly, I will declare my viewpoint based on why I agree with the harm principle as well as Mill’s argument following that we have a right to freedom of expression.

In John Stuart Mill’s essay On Liberty, he declares that people should be able to express their opinions and not be silenced by the majority or ruling class, because in Mill’s opinion discussion and debate is good for the wellbeing of society. By suppressing unpopular opinions, it delays progress and intellectual thought. Mill’s argument regarding the defense of the freedom to express opinions is effective, yet compared to his harm principle it does not stand logically. While superficially his argument seems strong, there are contradictions in his belief based on his earlier assertion of the utility to protect from harm that can be seen in the relatable examples given and the act of straw manning throughout his writing.