The United States of America has a written constitution. In the constitution there is complete separation of powers to ensure that there is no part of the government that dominates the country's rule. This has been made possible with the use of the federal system; it divides power between the national government and the states Essay about The Constitution The Constitution Of The Texas Constitution. The Texas Constitution has been rewritten a total of six times since Constitution. Facts This writ petition under Article 32 of the Constitution of India, raising a question of public Theu.s. Constitution Vs. The · US constitution Essay. The US Constitution is organized into seven articles, Bill of Rights, and amendments. Article I deals with the legislative branch of government. Article II concerns the executive branch of government. Article III establishes the Supreme Court as the highest judicial power in the United States
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Filburn harvested nearly 12 acres of wheat above his allotment. He claimed that he wanted the wheat for use on his farm, including feed for his poultry and livestock. Fiburn was penalized. He argued that the excess wheat was us constitution essay to commerce since he grew it for his own use. The question in the matter was: Is the amendment subjecting Filburn to acreage restrictions in violation of the Constitution because Congress has no power to regulate activities us constitution essay in nature?
The Court Concluded: According to Filburn, the act regulated production and consumption, which are local in character, us constitution essay.
The rule laid down by Justice Jackson is that even if an activity is local and not regarded as commerce, "it may still, whatever its nature, us constitution essay, be reached by Congress if it exerts a substantial economic effect on interstate commerce, and this irrespective of whether such effect is what might at some earlier….
Wickard v Filburn - Filburn was a small farmer in Ohio. He was given a wheat acreage allotment of The rule laid down by Justice Jackson is that even if an activity is local and not regarded as commerce, "it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce, us constitution essay, and this irrespective of whether such effect is what might at some earlier time us constitution essay been defined as 'direct' or 'indirect" Oyez Project, U.
This decision allowed the Federal system to have regulatory ability over home grown product, because it affected more than just the single family farm. Garcia v San Antonio Transit - The San Antonio Metropolitan Transit Authority SAMTAthe main provider of transportation in the San Us constitution essay metropolitan area, us constitution essay, claimed it was exempt from the minimum-wage and overtime requirements of the Fair Labor Standards Act.
SAMTA argued that it was providing a "traditional" governmental function, which exempted it from federal controls according to the doctrine of federalism established in National League of Cities v. Usery Joe G. Garcia, an employee of SAMTA, brought suit for overtime pay under Fair Labor Standards Act. The Question in the case: Did principles of federalism make the San Antonio Metropolitan Transit Authority immune from the Fair Labor Standards Act?
The Court Concluded: In a 5-to-4 decision, the Court held that the guiding principles of federalism established in National League of Cities v. Usery were unworkable and that SAMTA was subject to Congressional legislation under the Commerce Clause, us constitution essay. The Court found that rules based on the subjective determination of "integral" or "traditional" governmental functions provided little or no guidance in determining the boundaries of federal and state power.
The Court argued that the structure of the federal system itself, rather than any "discrete limitations" on federal authority, protected state sovereignty Oyez Project, This decision changed the way the Court utilized the 10th Amendment regarding state immunity towards certain activities involving commerce.
v Lopez - Alfonzo Lopez, a 12th grade high school student, carried. United States Constitution, the Articles of Confederation, the Declaration us constitution essay Independence, us constitution essay, and the Great Compromise The Articles of Confederation was the first document attempting to govern how the newly independent states were to act together in their union.
However, the Articles of Confederation had significant flaws that rendered them an unrealistic tool for the government of the new states. While not all inclusive, the following are some of the weaknesses of the Articles of Confederation: the federal government could not tax or regulate foreign and interstate commerce; each state had a single vote in Congress; there were no federal Executive or Judicial branches; Amendments required a unanimous vote; and a significant majority 9 of 13 votes was required to pass legislation.
The result of the Articles us constitution essay Confederation was that the states engaged in constant bickering, which could not be resolved by the Federal government. The states failed to provide…. But it is a shame that the ERA -- an amendment that is fair, appropriate, and necessary -- is attacked by right wing organizations using phony, absurd arguments to shoot down this amendment.
Nevertheless, the procedure that Congress and the states must go through to amend the Constitution has stood the test of time. And in any event, the U, us constitution essay. Supreme Court has us constitution essay the authority -- and has used it often -- to interpret the Constitution, which is come cases is more drastic in terms of Constitutional changes than amendments themselves.
orks Cited Chemerinsky, Erwin. MacKay, Kathryn. University of Missouri-Kansas School of Law. Works Cited Chemerinsky, Erwin. Retrieved September 4. Constitution make about enslavement in America article I: sect.
Article I, Section 9, Number 1 places a new us constitution essay on the importation of new slaves, essentially leading to the ban on the trans-Atlantic trade. Article IV, Section 2, Number 3 contains the Fugitive Slave clause. This clause mandates that anyone who apprehends a runaway slave return that person to the owner. Essentially, this clause makes it a crime to aid, assist, or house a fugitive slave, us constitution essay.
Source: United States Constitution 2. Heritage Foundation. Bill of Rights The United States Constitution was originally adopted at the Constitutional Convention inafter the perceived failure of the colonies' first attempt at a foundational document for federal government, the Articles of Confederation. This is important to recall because in many ways the Constitution us constitution essay written with an awareness of how such documents may fail in practice, and so its drafters included in Article 5 a set of provisions whereby the Constitution itself could be "amended" or changed in us constitution essay to address anything that was not already covered in the existing text.
Article 5 specifies that this may be done by Congress "whenever two thirds of both Houses deem it necessary. Constitution were all done at the same time, in Works Cited Amar, Akhil Reed. The Bill of Rights: Creation and Reconstruction. New Haven and London: Yale University Press, Brant, Irving.
The Bill of Rights: Its Origin and Meaning. Indianapolis: Bobbs-Merrill, Labunski, Richard. James Madison and the Struggle for the Bill of Rights. New York and London: Oxford University Press, Levy, Leonard W. Origins of the Bill of Rights.
Us constitution essay Amendment to the United States Constitution states: "A Well regulated militia, being necessary to the security us constitution essay a free state, the right of the people to keep and bear Arms, shall not be us constitution essay. But when the issue of the Second Amendment arises, many shy away or shun the concept of the personal right to bear arms.
Suddenly political correctness supersedes personal freedom and constitutional ascendancy. This is not to say that the Constitution cannot be adapted to suit the needs of a changing society; on the contrary, us constitution essay, the whole concept of amendments is based on the flexibility and adaptability of the United States of America and its Bill of Rights. But no matter how often the courts or the lobbyists rally in favor of or against "the right of the….
Clause 3 of the United Us constitution essay Constitution -- was apparently originally intended to give the federal government and the U. Congress the authorization to tackle "certain economic issues" Patterson, The economic issues that the Commerce Clause was intended to relate to was the power to: first, regulate commerce with foreign nations, and two, with Native American tribes. This paper delves into the Commerce Clause and finds that there has been some abuse of the clause by the federal courts.
The Us constitution essay Clause The Commerce Clause authorizes Congress the power "…to regulate commerce with foreign nations, and among the several states, and with the Indian tribes…" Cornell Law. According to the Cornell University Law School, the Commerce Clause has historically been seen as a "restriction on states' powers to regulate" and as a kind of "grant of congressional authority.
Works Cited Barnett, Randy E. The Original Meaning of the Commerce Clause. University of Chicago Law Review. Cornell University Law School. Commerce Clause. Patterson, Sandra J, us constitution essay. Constitution: Interpretation and Use of the Commerce Clause. Constitution of the United States was ratified after lengthy debate, mainly focused around issues related us constitution essay the powers that would be bequeathed to the federal government.
Although a gross oversimplification, the debate can be loosely qualified as being one between federalists on the one hand, and antifederalists on the other. Federalists, us constitution essay, among them founding father luminaries from George Washington and Benjamin Franklin to James Madison, Alexander Hamilton, us constitution essay, and John Jay, believed that a strong central government was the key to forming a successful and resilient new nation in the immediate aftermath of the colonies' divorce from Great Britain.
The federalist views permeated the discussions and debates at the Philadelphia Convention, at which the Constitution of the United States was hammered out, drafted, and eventually ratified into the law of the land. The Constitution of the United States replaced the Articles of Confederation, which called for a looser union of states….
References Aboukhadijeh, F. Federalists vs. The spirit of American constitutionalism: John Dickinson's Fabius Letters. Humanitas 11 2. Finkelman, us constitution essay, P. James Madison and the Bill of Rights: A Reluctant Paternity. The Supreme Court Law Review Gray, T. Origins of the unwritten constitution: fundamental law in American revolutionary thought. Us constitution essay Law Review 30 5 : So many states, for example, are dependent on federal subsidies that they will not assert themselves in many cases.
However, there is still some sign that states recognize their autonomy. For example, us constitution essay the case of the legalization of marijuana, many states have decriminalized its usage even though according to us constitution essay federal government it is still a Schedule 1 narcotic DEA, n. Nonetheless, the federal…. References Brutus No. htm DEA. Drug scheduling.
Comparing the US and UK Constitutions
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· This page of the essay has words. Download the full version above. The constitution as we know it, was created from many different things. It 5/5(1) Perhaps the greatest document of all time, the Constitution of the United States of America was not easily created. Fifty-five great men were needed to hammer out all the details of the Constitution in a long grueling process. As James Madison, architect of the constitution said, “The [writing of the Constitution] formed a task more difficult than can be well conceived by those who were not · US constitution Essay. The US Constitution is organized into seven articles, Bill of Rights, and amendments. Article I deals with the legislative branch of government. Article II concerns the executive branch of government. Article III establishes the Supreme Court as the highest judicial power in the United States
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