The arguments favoring writtenness demonstrate its superiority. Hence, one of the reforms is the creation of a written Constitution (Salgado, 2012; Martin, 2012; Pek, 1980)
Some impute it to an imprudent zeal in the magistrates of Boston to christianize those heathen before they were civilized and injoyning them the strict observation of their lawes, which, to a people so rude and licentious, hath proved even intolerable, and that the more, for that while the magistrates, for their profit, put the lawes severely in execution against the Indians, the people, on the other side, for lucre and gain, entice and provoke the Indians to the breach thereof, especially to drunkenness, to which those people are so generally addicted that they will strip themselves to their skin to have their fill of rum and brandy." (Dorsey, 1) This primary quote reflects not just the set of factors which helped to instigate conflict but also the low cultural regard in which the natives were held by the colonists
Still, most clung to belief in a supreme being Benjamin Franklin addressed as 'powerful Goodness.'" (Hall, p
Arms, as the last resource, decide the contest." (Paine, 82) Paine's call to action would also be analyzed for its invocation of a divine right to resist kingship
As the text by Sage (2005) points out "the evolution of America's political parties was to a great extent the outgrowth of the British political system, which in an oversimplified analysis, can be said to have been divided into conservatives, who tended to support the monarchy and the power of the King, and liberals, who sought to restrain royal prerogatives and enhance the legitimacy of Parliament as an alternate power source." (Sage, 1) This is a matter of its emergent identity, which echoed so many of the trespasses of the British Crown
Court decisions have an impact on the emerging new laws. They change the course of important issues and their existence is an important check by the judicial system on the legislative system (Chin, & Stern, 1997 )
It is associated with a number of non-originalist theories that interpret it. Among the common associations of a living constitution is the judicial pragmatism (Straus, 2010)
It is therefore not very realistic to go through cumbersome amendment processes for the incorporation of these changes. Therefore, the living constitution is the only solution to these changes which does not entail a long and cumbersome process but simple interpretation of the constitution to cover the changes (Strauss, 2010)
However, today, some people feel that so-called conservative 'strict constructionists' are actually taking a more radical interventionist approach than they would care to admit. Regarding the Court's ruling in Citizens United, one law professor wrote: "the Supreme Court's 5-4 decision holding that corporations and unions can spend unlimited amounts of money in election campaigns is a stunning example of judicial activism by its five most conservative justices" (Chemerinsky 2010)
informal methods of change. The 'strict construction' view of the Constitution has traditionally been aligned with conservatives such as Robert Bork who argue that "a judge interpreting the Constitution" should only consider "the words used in the Constitution [as] would have been understood at the time [of enactment]" (Linder, citing Posner, "Theories")
(Chemerinsky 2010). Citizens United has had similarly sweeping effects, "Let's start with the obvious: Citizens United helped unleash unprecedented amounts of outside spending in the 2010 and 2012 election cycles," thus making corporations more influential in the political system and making it more expensive to run for Congress in general (Mayersohn, "Four years after Citizen's United")
For instance, non-taxed Indians were excluded from public life, whereas the State of Nevada Constitution insured that foreigners could vote if they proved a six months residence on the territory of the state. (Mendelson, 1981) Moreover, they were promised equal rights with the citizens of the state
Most people want the death penalty for Tsarnaev. Kuby continued, "The defense team very quickly made a really wise choice in recognizing the only thing possible to do for their client is to save his life, presuming he wants his life to be saved" (Donaghue)
Because of Mr. Gideon, the Supreme Court justices declared that criminal defendants have a right to legal aid (Gest)
Another example of the way the law is not applied fairly is with respect to race. Research shows that whites and blacks have had different historical experiences within the criminal justice system (Staples)
As stated in an article for Nation: "Drugs are intensively criminalized among the poor but largely unregulated among the rich. The pot, coke and ecstasy that enliven college dorms, soothe the middle-class time bind and ignite the octane of capitalism on Wall Street are unimpeded by the street sweep, the prison cell, and the parole-mandated urine tests that are routine in poor neighborhoods" (Western 13)
They did this by creating a compromise which rejected the failed Articles of Confederation for a document which left some leeway for individual states to dictate laws while also creating a strong federal backbone. Alexander Hamilton's plan, though it was favored by many delegates, was rejected wholesale because the delegates were afraid of "extreme proposals for which they knew they could not win popular support" (Graebner and Richards 134)
All of these are examples of constitutional violations, critics contend, given that Americans are given the right to free speech under the First Amendment, the right to be free of unreasonable searches and seizures under the Fourth Amendment, and the right to confront their accusers under the Fifth Amendment. As well as to conduct surveillance of a suspect's home, under the Act the government acquired sweeping powers to acquire personal data from "car rental companies, casinos, Internet hosts like Google, social networking sites like Facebook, and most likely cafes and businesses that offer Wi-Fi access to their customers" (Rose 2011)
Constitution. Beard argued that the document was "not the product of an abstraction known as 'the whole people' but a group of economic interests which must have expected beneficial results from its adoption" (Beard 16)
Richard Hofstadter came from the first generation of historians that learned from Beard's thesis, and although his own work is more interested in political organization -- hinging on the idea of how disparate political interests manage to create consensus -- Hofstadter also manages to validate the basic elements of Beard's thesis. Hofstadter notes, for example, that (contrary to the ideas of the twenty-first century Tea Party) the founders were not interested in "freedom of trade in the modern sense" and felt that "failure to regulate [trade] was one of the central weaknesses of the Articles of Confederation" (Hofstadter 69)