Introduction “Our Constitution is color blind, and neither knows nor tolerates among citizens. In respect of civil rights all are equal before the law” “No person shall...be deprived of life, liberty, or property, without due process of law... Amendment V Article [V] (Amendment 5 - Rights of Persons) No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice …show more content…
But Congress may by a vote of two-thirds of each House, remove such …show more content…
This ideal is expressed in declaration of American war of independence and in the equal protection clause of the fourteenth amendment, which provides that “no state shall deny to any person within its jurisdiction the equal protection of laws”. The equal protection clause prohibits the state from denying to any person or class of persons the same protection and rights that the law extends to other similarly situated persons or classes of persons. Like other rights guaranteed by the civil war amendments, the equal protection clause was motivated in large part by a desire to protect the civil rights of African- Americans recently freed from
The United States Constitution was signed in 1787, in hopes of creating a new legal system that would ensure basic human rights for all citizens. Often, the constitution evokes political discussion on whether or not there should be a constitutional convention. The article named “Re – examining the Constitution by Kenneth Jost (2012), provides the reader with an interesting analysis of the pros and cons of a constitutional convention (“Con – Con”). Citizens who oppose the Con – Con argue that changing the Constitution wouldn’t transition well because of the current political climate, and explain that it has worked fine over the years. On the other hand, citizens who are in favor of the Con – Con, state that the constitution is outdated, and suggest that reviewing it may be beneficial to better suit the citizen’s needs. A close comparison of both arguments reveals that people who support the constitutional convention have stronger reasons regarding the document and are more rational about the issues associated with it.
The Constitutional Republic by definition is “a state wherever the officers square measure elective as representatives of the folks, and should govern in line with existing constitutional law that limits the government’s power over citizens”.
The 14th Amendment of the United States Constitution attempted to guarantee “equal protection of the laws” to all people in the jurisdiction of the United States. This means that no person shall be discriminated under the law. This Equal Protection clause does not require identical treatment in all circumstances. Equal protection of the laws, like due process, is a constitutional guarantee of fair treatment for all persons, regardless of sex, race, national origin, religion, or political views. It is rooted in the truth expressed in the Declaration of Independence that "all men are created equal." Many African Americans believe they were not protected under the Equal Protection clause, because there was still discrimination based on race under
Summary: Some of the issues were the people that denied to agree or support the constitution. Some states did not favor the way the government limited the power for the federal government because they were scared it would overrule state laws and disliked how citizens were able to control as well. Analysis: There were issues because several of states took quite a while to ratify the constitution. The constitution needed at least 9 out of 13 colonies to ratify, however the states did not support the new system. It took 10 months for 9 colonies to ratify. Although, it took almost an year the constitution was
Created on November 15, 1777 and ratified by the first 13 colonies on March 1, 1781, the articles of confederation is known for being the first constitution of the united states. “The constitution provides a division of powers, meaning it assigns certain powers to the national government and reserves others for the states.” (crouse, slide 4) The constitution is needed because if we didn't have it the government would be weak and would most likely have no power. Framers of the constitution chose a system of government on a territorial basis, between a central government and several states. “ the framers were worried about the government being too powerful because; government power inevitably poses a threat to individual liberty. Therefore the
'No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury’
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 reasoning behind the United States having to create a new Articles of Confederation, as opposed to simply revising the original, is due to many different flaws within the original document. The original Articles of Confederation lacked separation of powers. That meant that there were no legislative, judicial, or executive powers because the Articles of Confederation only called for a unicameral government. This meant that the Articles of Confederation basically gave power to the states, as opposed to the nation. The original Articles of Confederation were mainly written to keep the national government powerless and the state governments in control. Also, the Articles of Confederation called for equal votes in Congress, regardless of state
The Articles of Confederation was the constitution that existed in 1777 after the Revolutionary War until the US Constitution in 1787.
Although the U. S. S. Constitution was originally built as a defense against pirates during the Barbary War, it is most famous for the three major battles that it won during the War of 1812. The first of these battles, which was fought against the British H. M. S. Guerriere, was where the Constitution earned the nickname “Old Ironsides.” The second battle was against the H. M. S. Java, a merchant ship bound for India. In the third battle, the Constitution contended with both the H. M. S. Cyane and the H. M. S Levant. All of these victories are owed, at least in part, to the ingenious manner in which Old Ironsides was built. The building style of the U. S. S. Constitution gave it significant advantages over the English frigates during the War of 1812 that enabled it to emerge victorious from decisive naval battles against such ships as the H. M. S. Guerriere and H. M. S. Java.
At the constitutional convention in Philadelphia in 1787, building of a stronger national government to strengthen the weak central government under the Articles of Confederation was the focus of some leaders. The solution to this issue brought about the framing of the constitution. The framers of the new plan crafted a startling new approach through a ratifying procedure that went directly to the people. By this method, the Constitution would become law if nine of the thirteen states approved it after holding special conventions to consider the issue (Ratifying the Constitution, 2016). This marks the beginning of what many known as the Great Debate.
The Equal Protection Clause is a portion of the 14th regulation to the American Constitution. The section, which took influence in eighteenth sixty-eight, delivers that all state should not repudiate every individual within its authority "the equivalent protection of the
The constitution first started to provide protection over tyranny in the summer of 1787 where fifty-five delegates met in Philadelphia to help readjust the national government for the better. The task of each representative was to come together to create ideas without letting one person or any one group be in hold of too much power in order for the central government to grow stronger. The constitution had help led by the Articles of Confederation with their influence on not having a court system to make the state force a pay on taxes. The main challenge was to generate a Constitution that would be strong enough to retain possession of power for each state to a minimum so not a single person was the only one to have power or control. The guard on tyranny was supported in 4 ways federalism,separation of powers, checks and balances and small/large state compromises.
The Constitution, written in 1787 at the Philadelphia Convention, is the document that shapes the USA’s government. One of the many goals of the Constitution was to protect the country from one person (or a group of people) having absolute control over everyone else. But did they successfully do that? I believe they did thanks to four things: federalism, checks and balances system, separation of power system, and the big states versus the small states dillema. Each of these things defended against some types of tyranny, but as a whole, they protected all of the types of absolute power over the people.
Any nationwide endeavor across the world over is always faced with a myriad of challenges when one factor in, the interest of different individuals or groups. During the early years of the USA, there were many problems that politicians at the time faced when trying to create and strengthen the country’s Constitution. In the early 1780’s the young country was in a deep depression, and this played a key role in influencing the exercise as it ultimately led to a heated debate about the powers of the National and State governments. Most of the conservative politicians at the time preferred a stronger federal government while state radicals believed that states should have more power since it was in a better position to determine what was best for their citizens (Jilson, 2009). More sticking points divided the founding fathers which threatened the stability and establishment of the USA, such as slavery and federalism.