Constitution
The framers of the Constitution included the purpose to "form a more perfect union" in the Constitution because the system of government established in the Articles of Confederation failed to unify the states into a single governmental union. Article I, 1 and 3 address the idea of forming a more perfect union, by showing that states receive equal representation, because of their senators, but also that all Americans receive proportionate representation. The government continues to fulfill this purpose, by balancing the concept of state rights with federal rights. For example, state governments are entitled to define marriage, but are required to recognize marriages from other states. On the other hand, some rights, such as Fifth Amendment protections, must be observed by the states.
The framers included the phrase "establish justice" in the Constitution because they felt that the colonial system of government was unjust. U.S. Const. amend. IV sought to ensure that people would not be subject to unreasonable searches and seizures. U.S. Const. amend. V sought to ensure that people could not be forced to incriminate themselves. Both of these provisions help differentiate a democracy from a police state. The return of the children to the FDLS compound in Texas shows that the government is still willing to observe the Fourth Amendment, because there were not sufficient grounds to seize the children; a general suspicion of criminal behavior is not sufficient. The fact that arrested criminals are routinely read Miranda rights, informing them of their rights under the Fifth Amendment provides another example of a country concerned about justice.
The framers included the phrases "insure domestic tranquility," "provide for the common defense," "promote the general welfare," and "secure the blessings of liberty" to make sure that the Federal government had the power to exercise general police powers and engage in warfare.
Therefore, the powers to establish federal felonies and to declare war, which are granted to the Congress under Article I, 8, help further all of these goals. The power to declare felonies helps protect citizens, ensuring domestic tranquility, promoting the general welfare, providing for the common defense, and securing the blessings of liberty. A good example of those powers is the Violence Against Women Act, which helps make sure that American women have actual rights, not simply technical rights. Likewise, the Civil Rights Amendments and statutes help ensure those aspects.
Another example is drinking laws are defined by each state, but the federal government passed a law stating they would not provide monies to any state that did not raise their drinking age to twenty-one years of age . Block Grants Block grants have been part of the United States federal system as early as the late 1960's . Block grants are fixed -- sum of federal grants to state and
Constitution gave Congress the power of legislation. In fact, its major function is to make laws. Essentially, Congress converts public will into public policy by way of law. The Constitution provides some rules to which Congress must adhere throughout the legislative process however; over the years there have been additions and modifications to the procedure. Currently, there is debate over how to reform the legislative process. The general legislative process is
Lewis felt that the Omnibus Crime Control and Safe Streets Act of 1968 law were in violation of the second amendment. This law prevented convicted felons from possessing firearms. However the court observed that since convicted felons weren't allowed a large number of their fundamental rights such as voting, holding office or serving on a jury. Therefore they felt that the firearm arm law did not violate the constitution
However, the doctrine of "states' rights," also stemming from the Constitution, encouraged the southern states to believe that they could deal with their Negro residents as they chose, as only slavery had been specifically banned. They began imposing more and more restrictive rules on their Black residents. The Ku Klux Klan formed after the federally managed "Reconstruction" ended. The KKK terrorized Blacks who violated the views of the local
Constitution of the United States must be understood within the broader cultural, historical contexts in which it was drafted and ratified. The most basic explanation of the "original intent" of the Constitution is that the founders needed to formulate a cohesive and consistent system of governance and political culture after independence. The core issues at stake were Federalism vs. anti-Federalism, and the need to strike a balance between a federal
Constitution & Governmental Gridlock Constitutional Change #1 A constitutional amendment is needed to overturn the Supreme Court ruling in Citizens United, Appellant v. Federal Election Commission. In this case, the United States Supreme Court held that the First Amendment prohibits the government from restricting political independent expenditures by corporations, associations, or labor unions. Corporations aren't people. Only people are people. The United States District Court for the District of Columbia reversed a
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