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United States Constitution Essay Topics & Paper Examples

Allow Naturalized Citizens to Run for President

Article II, Section 1, Clause 5 of the Constitution states “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.” In some way these words are very important to our nation because it prevents over 12.8million American for being eligible for presidency. Michigan Governor, Jennifer Granholm, former Secretaries of State, Madeleine Albright and Henry Kissinger, Labor Secretary, Elaine Chao, Governor, Schwarzenegger, and other 700 more Medal of Honor…

Americans with a Better Cause (Abc), a Nonprofit Organization

According with what we learned so far and the book, there are 4 sources of American law. The U.S. Constitution and the constitutions of the various states. Statutory law—including laws passed by Congress, state legislatures, or local governing bodies. Regulations created by administrative agencies, such as the Food and Drug Administration. And finally, case law and common law doctrines. In the case of a federal statute conflicting with the United States Constitution then the Constitution will take priority as it has throughout history of the U.S. Supreme Court. If a federal law is in direct conflict with a state statute, where the “supremacy clause” is valid, such as interstate commerce for example, then the federal law will be superior. However,…

Policy Analysis/Case Review

Abstract The U. S. Supreme Court Case of Mapp v. Ohio was a turning point in criminal justice. In this landmark case, Fourth Amendment protections were incorporated into the Due Process Clause of the Fourteenth Amendment. This case, among others, evaluated the role of the Fourteenth Amendment and its application to the State judicial systems. There have been some modifications to the rule since the Mapp case decision in 1961. Mapp v. Ohio Mapp v. Ohio was a landmark court case in 1961 where the U.S. Supreme Court ruled that the evidence obtained through illegal searches and seizures by state officers may not be admitted into criminal trials. The ultimate issue for the Court to decide was; can evidence obtained…

The Constitution and the Legislative Branch of Government

The Seventeenth Amendment in 1913 provided for the direct election of senators. Article I creates the legislative branch of government. Congress is a bicameral institution. The upper house is called the Senate in which each state receives two representatives, and the lower house is called the House of Representatives that is apportioned by population. The Senate has a six-year term with 1/3 of the seats up for reelection every two years, and the House has a two-year term. Originally, senators were chosen by state legislatures. Apportionment and Redistricting The first House was set at 65 members or one representative for every 37,000 persons. The Constitution requires that all Americans be counted every ten years by a census. The census would…

The Strengths and Weaknesses of the Declaration of Independence

The Declaration of Independence was written by Thomas Jefferson and four other writers. It was written in June 1776. The Second Continental Congress appointed these men to make a document declaring the colonies independent from Britain. They were first called the Articles of Confederation and after the Revolution, the document was questioned. With the questioning the Constitutional Congress made some major changes. These changes although meant to strengthen, in fact, weakened the government further. The value of The Declaration of Independence depended on the strengths Jefferson gave it by his logical/emotional appeals and parallelism and the weakness that the Congress gave it. Jefferson strengthens the document by using logical appeals. But when a long train of abuses and usurpations, pursuing…

Equal Rights Amendment

The idea for an equal rights amendment did not come about until the middle part of the twentieth century. An amendment was proposed after World War II in an attempt to gain equality between men and women. Often times, women were viewed as weaker and inferior to the male sex. Women’s rights groups were formed to prevent people from discriminating against women. These groups not only believed that women should be better treated by men, but they believed women should have the same legal opportunities. Also, they believed that gender should not determine a person’s occupation or pay. The Equal Rights Amendment started out as a proposed amendment. This amendment was introduced to congress in 1923 (Suffrage). It was not…

Gun Laws

The Second Amendment in the United States Constitution gives people the right to keep and bear arms. The Second Amendment has been interpreted in many ways, and its limitations and what it controls have been questioned. The question that arises over and over again is that will stricter gun laws make the United States safer or more perilous. The answer is clear. With lack of gun control and that black market guns are at almost every street corner whether you think it or not. Guns are a very dangerous weapons, and the United States has to create stricter laws in order to operate and obtain them in order to protect the public. Stricter gun laws would improve the criminal justice…

Hart and Positivism

According to Hart law consists of primary and secondary rules. The primary rules are the rules that are “rules of obligation.” (Hart. Pg 204) This means that primary rules are rules that obligate a person to do something or to not do something. For example, the first Amendment, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceable to assemble, and to petition the Government for a redress of grievances.” (http://www.usconstitution.net/const.html#Am1) The first Amendment is an example of a primary rule because it directly affects the people of the United States of America by allowing them to…

The adoption of the Constitution

1. Describe the main debates that occurred in the adoption of the Constitution. Include the Federalist/Anti-Federalist positions, the Bill of Rights, compromises, and mechanisms designed to avoid tyranny. The Virginia Plan proposed the creation of a two-house legislature with a state’s population determining its representation in each. The New Jersey Plan called for a single-house Congress in which each state cast one vote. In the end, a compromise was reached—a two-house Congress consisting of a Senate in which each state had two members, and a House of Representatives apportioned according to population. The Constitution embodies two basic political principles—federalism, also called the “division of powers,” and the system of “checks and balances” between the different branches of the national government,…

Living vs. Dead Constitution

The founders intended for the Constitution of the United States to be a document that would aid in protecting the rights of the American people while also developing a federal government. It is my opinion, Mr. President, that when choosing our next Supreme Court Justice that you choose a nominee that has a view of the United States Constitution as a “dead document” to protect what the founders worked hard to set in place. When reading the Bible, for example, we read the books in a literal sense. We are not taking what is said and misconstruing the information to form what suits our lifestyles and ideals best. The same should be done with the Constitution. It is dangerous to…

Preamble: United States Constitution

The Preamble was placed in the Constitution more or less as an afterthought. It was not proposed or discussed on the floor of the Constitutional Convention. Rather, Gouverneur Morris, a delegate from Pennsylvania who as a member of the Committee of Style actually drafted the near-final text of the Constitution, composed it at the last moment. It was Morris who gave the considered purposes of the Constitution coherent shape, and the Preamble was the capstone of his expository gift. The Preamble did not, in itself, have any substantive legal meaning. The understanding at the time was that preambles are merely declaratory and are not to be read as granting or limiting power—a view sustained by the Supreme Court in Jacobson…

Proposal for a National Bank

Before Alexander’s proposal for a National Bank, the United States had no place where to store and save their money. The country didnt have a stable economy and needed improvemt in handling the financial business of the United States. By establishing a national bank, the country woould be able to establish financial order, clarity and precedence in and of the newly formed Unted States. It will also establish credidt, both in country and overseas, for the new nation. And finally it was to resolve the issue of the flat currency, which was issued by the Continental congress immediatley prior to and during the United States Revolutionary War. Although he saw a good future with having a National Bank, Jefferson disagreed…

Rhetorical Analysis of Thomas Jefferson’s Inaugural Address

Ethos – “Utterly, indeed, should I despair did not the presence of many whom I here see remind me that in the other high authorities provided by our Constitution I shall find resources of wisdom, of virtue, and of zeal on which to rely under all difficulties.” In this section Jefferson names the first official document of America and states that it has provide and will provide the U.S. with everything it needs to be successful. Jefferson mentions his trust that he puts in the document and all that wrote it. Jefferson shows the citizens that because he and others made the document, they should be trusted, because the Constitution made America free from British rule. The Constitution unifies the…

Role of the United States Government

Introduction In the recent past, we cannot deny that the media industry has experienced monumental growth both in terms of revenues and global expansion. Like other businesses, such as banking and manufacturing, the media business has enjoyed globalized operations to expand and grow, becoming one of the biggest conglomerates in the world. World media has proactively employed information technology and advancement in communication to expand their operations spanning several nations and continents. The news sector of world media seems to have captured most audience. Big corporations such as Cable News Network (CNN), Fox News, British Broadcasting Corporation (BBC) and CBS dominate the news corporations with a worldwide reach. In the same regard, entertainment media, such as movies and television shows…

Space Time

Statement: President Obama’s decision to assassinate American citizen Anwar al-Awlaki was illegal because it violated Awlaki’s rights as a citizen under the United States Constitution. Question: Do you agree or disagree with the above statement? Task: Using the documents included in this packet, your knowledge of United States History, and any independent research you choose to conduct, write a five paragraph essay explaining why you agree or disagree with the statement. In your essay, you must: 1. Use at least five documents 2. Follow standard essay format including an introduction, at least three body paragraphs, and a conclusion 3. State your argument (thesis) in your introduction 4. Explain and support your argument in your first two body paragraphs, using at…

With the Stroke of a Pen Government Reaction Paper

Kenneth Mayer took an upright approach investigating the president’s executive power they used to issue amounts of executive order. He calls it “presidential edicts” which are official orders that the presidents create to assist executive branch in managing operations within the federal government. Mayer believes that this use of executive order; creating laws and procedures, is turned into an arbitrary order. This legislative act of making laws is stated in the constitution, given to congress; and with “the stroke of a pen” the “Laws of the Land” were made with no regard or interaction with the legislative. And as we learn in “With the Stroke of a Pen”, executive order can be criticized with substantial argument and can have “great…

Oliver Ellsworth

I, Oliver Ellsworth representative of Connecticut, propose that the basis of representation in the legislative branch remain by state as under the Articles of Confederation. I support the system of government that maintains the principle of local rule and I understand central government as the body that will strengthen the rights of property and the harmony of the republic, therefore I claim “we” are partly national and partly federal. Under this I shall introduce the resolution with my ally Roger Sherman along with William S. Johnson, The Great Compromise, breaking the deadlock between the large and small states over representative, allowing United States senators to be elected by state legislature. I do agree with Randolph’s notion of a three-fold division,…

Alexander Hamilton: Financial Plan

After the Founding Fathers ratified the Constitution, they realized that they had to deal with sixty-three million dollars debt that they owed to those who took part in the American Revolution. In order to pay back this debt Alexander Hamilton created a financial program. However, some Republicans such as Thomas Jefferson and James Madison thought that his plan was unconstitutional because one would need to use the necessary and proper clause which most people feared because it gave the government too much power. This, however, is not so Alexander Hamilton’s financial plan however was mostly constitutional because it allowed it to use the powers as well as responsibilities congress already had such as print its own form of currency, issue…

The second amendment of the US Constitution

The second amendment of the US Constitution states that “a well regulated militia” is “necessary to the security of a free state” and that “the right of the people to keep and bear arms shall not be infringed”. The second amendment is outdated. In the time it was created and passed was a time when the militia was the people. It was made so that people could fight the British, which isn’t the case now, especially now that we have our own full-functioning army and law enforcement. It was made in a time to keep a tyrannical government in check. We are no longer under the control of a tyrannical government so why should we still have the amendment? When…

Confederation and Constitution

The Articles of Confederation, formally known as the Articles of Confederation and Perpetual Union, refers to an agreement between the thirteen founding states that first formed the United States of America as a confederation of sovereign states. The Articles of Confederation had served as the first U.S. constitution (Merrill, 1959). The states under the confederation were Virginia, South Carolina, New York, Massachusetts, Connecticut, Georgia, Rhode Island, New Hampshire, New Jersey, Pennsylvania, North Carolina, Delaware and Maryland. In 1787, a constitutional convention was called to revise the Articles of Confederation as they contained so many flaws, which would have fatally affected the confederation (Wendel, 1981). However, the convention ended up abandoning the Articles and drafted a new constitution which had a…

Constitution Against Tyranny

The Constitution guards against tyranny in four different ways: Federalism, the separation of powers, checks and balances, and equal representation for each state. The first step to prevent tyranny is Federalism. The Constitution would divide the power between central and state governments. This idea, created by James Madison, is known as Federalism. (Document A) Powers given to the central government include the regulation of trade, conduction of foreign relations, providing an army and navy, declaring war, printing money, setting up post offices, and making immigration laws. These powers are necessary to run a government. The powers given to the state allow the states to set up their own local government, hold fair elections, create schools, pass marriage laws, and regulate…

Decision in Philadelphia

The book Decision in Philadelphia the Constitutional Convention if 1787 by Christopher and James Collier offers a unique look at the scribing of the Constitution and the events that not only surrounded it but led up to its creation. The authors take on the events and their creative writing style make the book and enjoyable and fact filled read on one of the country’s most important events. They begin with a historical look at the events that led up to the signing and a brief synopsis of the events that were occurring in the country at the time. The background that they give provides a good base for the information and allows the reader to see things through the eyes…

Stop and Frisk

The Fourth Amendment of the United States Constitution protects people against unreasonable searches and seizures. Modern officials have granted police officers in New York City an incentive to respect the amendment. The Stop and Frisk program employed by the New York Police Department, gives police officers the right to initiate a stop of an individual on the street allegedly and do a quick search of their outer clothes for weapons based on if the officer has a reasonable suspicion that a crime has or is about to take place and the person stopped is armed or dangerous. This reasonable suspicion is not based with specific facts but from the hunches from New York Police officers. Stop and frisk has been…

Causes and Consequences of Shay’s Rebellion in Massachusetts in 1786-1787

Shays’ Rebellion is the name given to a series of protests in 1786 and 1787 by American farmers against state and local enforcement of tax collections and judgments for debt. Although farmers took up arms in states from New Hampshire to South Carolina, the rebellion was most serious in Massachusetts, where bad harvests, economic depression, and high taxes threatened farmers with the loss of their farms. The rebellion took its name from its symbolic leader, Daniel Shays of Massachusetts, a former captain in the Continental army. This rebellion had caused farmers and other people to not pay their taxes. The states had to tax the people in gold and silver to pay the war debt. They had to get the…

Analysis of Regan’s Inaugural Address

40th president of the United States, Ronald Reagan, in his Inaugural speech claims that America is the best country. Reagan’s purpose is to renew the American spirit. He takes on a patriotic tone in order to instill that we can do anything as a team in the American people. Reagan depicts the pathos appeal in his Inaugural address. He supports this appeal by using diction such as church and God, dreams and hopes, our country and countrymen. He’s letting us know that he’s not just another president being elected, but our family taking office. “It is made up of men and women who raise our food, patrol our streets, man our mines and our factories, teach our children, keep our…

Checks and Balances

As established by the constitution, there are 3 branches in the United States government. The three branches are the legislative branch which makes the law, the judicial branch which interprets the law and the executive branch which executes the law. When congress created these branches, they also created a system. This system was called “checks and balances”. “Each branch has powers that it can use to check and balance the operations and power of the other two branches.” With this system, each of the three branches can limit the powers of the others. Congress created this system to help ensure that no branch became too powerful. Each branch has powers that can be used to “check and balance the operations…

Citizens United: the Death Knell of Democracy

In 2010, the Supreme Court of the United States ruled on the Federal Elections Commission v. Citizens United, a case that will have drastic effects on our political system. Large corporations and labor unions will now have unprecedented influence over America’s national, state, and local elections. If Congress does not overturn the Supreme Court ruling on Citizens United then, as a result, the decision has the potential to lead to political corruption, the increase of voter apathy, and the drowning out of third party ideas. Soon our country’s political system will no longer work for the good of its citizens, but rather be beholden to whomever has the most money to contribute. The Supreme Court decision on the Citizens United…

Constitution of Uk

As Pryor mentioned, a Constitution “is a written document setting out a system of founding principles according to which a nation is constituted and governed, and, most particularly, by which is sovereign power is located” (Pryor, 2008, pp. 4). Therefore, constitutions limit the governments’ powers, protect people’s rights, and infer the legitimacy of the state. The constitution of Great Britain hasn’t been brought together into a single document like other commonwealth countries such as France – it is not written or codified. Britain’s constitution is made up of common laws, Parliament acts, and customs and traditions. But Britain does have some important constitutional documents from the Act of Parliament such as the Magna Carta (1215): “which aimed to protect citizens…

Constitutional Protections in Criminal Investigations

What are constitutional rights and why are they so important to us? Our Constitutional rights are in place to protect us from wrongful conviction and improper police behavior. Originally these rights were made in reaction to the abusive conduct displayed by British authorities during Colonial times. Without the Constitution and the Bill of Rights, we would not be a democracy, but instead we would become a communist country. The Constitution is pretty much our basis of freedom, because boundaries are set and it gives the government guidelines to which ones they can interfere with without violating them. Most importantly, citizens should know and understand their rights. Most Americans are familiar with the Fifth Amendment due to the popular phrase “I…

Criminal Procedure Policy Paper

The criminal procedure policy is initiated with a crime committed by a perpetrator. This process for the criminal can end at any of the various steps of the criminal process. As a criminal is process the individual has rights that are provided by the United States Constitution to ensure fairness and justice. The two major procedural models that shape the criminal justice systems today are due process and crime control models. The justice system has used these models for over two decades. The United States Constitution with due process and crime control models has forged the criminal justice processes that exist today. Due Process Model Due process sometimes referred to as the due process clause. The clause “Prohibits state and…