The Constitutional Interpretation Of The Constitution Essay

The Constitution of the United States was written in 1787 at the Constitutional Convention, where it was held in Philadelphia. It was written by a group of people known as “Farmers,” or the “Founding Fathers,” and few of the most famous Founding Fathers were George Washington (The first president of the USA), Thomas Jefferson (The first vice president and the third president of the USA) James Madison (The fourth president of the USA), Samuel Adams, and Benjamin Franklin. The old government, the Articles of Confederation was not working as it supposed to be, it was vulnerable and cannot secure and defend the new born nation and for that reason the constitution of the united states saw the light.

“While the authors of the United States Constitution are frequently portrayed as noble and idealistic statesmen who drafted a document based upon their conception of good government, reality is that the constitution reflects the politics of the drafting and ratification process. Unfortunately, the result is a document that is designed to produce an ineffective government, rather than a government that can respond to issues in a timely fashion.” In support of this conclusion, the issues of slavery, The 1906 San Francisco Earthquake, and the civil rights struggle keenly demonstrate the ways in which our constitution hinders the expediency and effectiveness of America’s government. The constitution’s provisions towards voting eligibility and

A constitution is a written document that sets forth the fundamental rules by which a society is governed. Throughout the course of history the United States has lived under two Constitutions since the British-American colonies declared their independence from Great Britain in 1776. First in line was the Articles of Confederation (1789-1789) followed by the Constitution of United States of America (1789-present). The Articles of Confederation was the first formal written Constitution of America that specified how the national government was to operate. Unfortunately, the Articles did not last long. Under the words of the Article’s power was limited; Congress could make decisions, but had no power to enforce them. Also the articles stated

When the Founding Fathers wrote the Constitution in 1787, the United States just had 13 states. The Founding Fathers believed that more states would want to join the Union in the future. They saw that it would be significant for new states to have the same form of government as the original states had. Since then there are now over 50 states that have similar characteristics which were developed centuries ago; although, resembling the creation of new ideas and inventions, current state government had many problems from being the way it is today, it also has many important features that benefit many people, as well as plays an important role in how American democracy and government works.

“The United States Constitution is the oldest written national constitution still in use” (Confederation and the Constitution, pg. 71). After more than 200 years, the Constitution is still changing to support the next generations needs. This “living document” has many different reasons that allow it to “fit in” with the new generations.

In 1787 at the Constitutional Convention in Philadelphia, the framers of the Constitution of the United States of America worked together to identify the best way to elect the President (Patterson, 2013). The ideas suggested varied and ranged from selection by members of congress chosen by lottery, to a popular vote of the people. By the end of the Convention the matter had yet to be settled as the framers fore saw that many of the suggestions were prone to corruption, error, and were very chaotic. The issue was passed down to the Committee on Postponed Matters, who in turn created the system that is used today and is commonly known as Electoral College (Kazin, 2011). The Electoral College was outlined by the Committee to up hold the views of the founding fathers, who were the framers of the Constitution.

Compare the strengths and weaknesses of the Articles of confederation to those of the Constitution. Which document did a better job at protecting liberties? Running a government? Explain your answer with specific examples.

There has been much controversy in the recent years regarding whether or not the U.S. Constitution is still able to deal with contemporary problems or if it is out of date. Most individuals who feel inclined to criticize the document emphasize that a lot of things have changed since it was first issued and that it is absurd for someone to consider that its principles still apply today. The people who devised the constitution were unable to foresee the conditions that the U.S. might one day experience. Even with this, it is difficult to determine whether the constitution is actually out of date or not when taking into account the multiple similarities between individuals in the late eighteenth century and the twenty-first century.

     When the Federalist party was organized in 1791, those people who favored a strong central government and a loose constitutional interpretation coagulated and followed the ideals of men such as Alexander Hamilton. The first opposition political party in the United States was the Republican party, which held power, nationally, between 1801 and 1825. Those who were in favor of states rights and a strict construction of the constitution fell under the leadership of Thomas Jefferson. These Jeffersonian republicans, also known as anti-federalists, believed in strict adherence to the writings of the constitution. They wanted state’s rights and individual rights, which they believed could only be granted under

| In Massachusetts Bay, men who owned property could go to a town meeting and vote.

Certain interests do not change over time in our society. Over 200 years ago, the prominent concern that led to the framing of the Constitution regarded the establishment of a government that was “for the people and by the people.” The framers of the Constitution, with concern of an over powering central government in mind, provided a basis for the structure of the federal government of the United States. The powers of the legislative, executive, and judicial branches of government are laid out strategically in a way that no one branch can have more power than the other. The national concern of maintaining a legitimate government has not shifted since the initial days of the framers. Although the capacity of the government has grown over time, the system of checks and balances that was adapted in the framing of the Constitution allows for the structure and powers of the federal government to remain in order today. Other than providing a structural map for how the government will operate, however, the additional aspects of the Constitution fail to administer practical framework for addressing 21st century interests. This document was written over 200 years ago and it has not been altered substantially since then (Lazare). While certain Amendments have been added to assist the Constitution in staying relevant, such as the abolishment of slavery and the addition of women’s right to vote, there has been practically nothing added to help in applying the framers’ intentions

The type of government the United States has in the year 2016 can be characterized as a representative democracy. A representative democracy, also known as an indirect democracy, is a type of democracy founded on the principle of elected officials representing the people. This type of government is structured upon citizens electing representatives to serve on their behalf. There are many people who simply do not have the time to educate themselves about every particular issue involved in government; therefore, the people do not govern directly. In a representative democracy, the people elect representatives to act on their behalf and to represent them in governing the political society; therefore, power originates with the people. In order for a representative democracy to work effectively, there must be open communication between the representatives and the citizens. The elected officials need to represent the citizens in the best interest of the majority of the people. Overall, the goal of a representative democracy is to protect the rights and interests of the citizens by giving the citizens a voice within the government.

Throughout the history of the republic, there has been controversy between state and federal power. The state and federal power has been an ongoing dilemma regarding the separation of powers since the beginning of the constitution. An issue was brought to the Supreme Court of the United States (SCOTOS) that could change the future of upcoming court cases. There has been question whether the Constitution grants certain laws as void or not. Others question whether the Constitution should evolve, concurrent as the United States has evolved since the establishment of the constitution. Colorado passed the legalization of marijuana in 2012 (The Controlled Substance Act (CSA): Overview). Nebraska and Oklahoma challenged Colorado’s legalization of recreational marijuana for over stepping their state power (Nebraska and Oklahoma v. Colorado). Because of the impact that this case could have on upcoming cases, the Supreme Court refused to hear the case under Art. III sec. two of the Constitutions, which elaborates on their original jurisdiction (Nebraska and Oklahoma v. Colorado). Upon the refusal of SCOTOS to hear Nebraska’s and Oklahoma’s challenge on Colorado’s legalization of marijuana, the federal court will support the states challenge due to Colorado’s violation of the controlled substance act, Colorado over-stepping its 10th amendment rights, and Colorado’s attempt to regulate a

Segall, Eric. (2007). 443 CONSTITUTIONAL CHANGE AND THE SUPREME COURT: THE ARTICLE V PROBLEM, University of Pennsylvania School of Law/journals, 1-9. Retrieved from https://www.law.upenn.edu/live/files/2986-segalljcl162pdf

The interpretation of the constitution was very different between the first secretary of treasury and the first secretary of state. The first secretary of treasury was Alexander Hamilton. He supported a loose construction of the constitution. Then the first secretary of state was Thomas Jefferson. He insisted on a strict construction of the constitution. The two men had very different ideas of how the constitution was to be interpreted, but they also had some similarities. They both wanted the best for our new nation.