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Democratic aspects of the constitution
Democratic aspects of the constitution
The first amendment in today's society
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The United States Constitution is the official document of the United States of America. The framers of the Constitution formed this document in order to establish order, and make sure its writings were diametrically opposed to what they experienced under British rule. This Constitution was to ensure freedom, and protect the rights of the people. While protecting the rights of the people, the Constitution was deemed to be enough for the people. Because the framers wanted more liberties for the people, civil liberties were established and the Bill of Rights was adopted into the Constitution. If we examine the order of the bill of rights as we do the articles of the Constitution, then we could assume that the first amendment would be deemed the most important. The First Amendment says this, “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 peaceably to assemble, and to petition the government for a redress of grievances.” In particular, Congress decided to mention in the first amendment the act of religion. This is was obviously of grave importance to the framers. The language in this amendment was very clear and demonstrative. It is quite obvious that the US did not want to be associated with any particular religion; neither did they want to prohibit any persons from practicing whatever religion they so decided. It is commonly perceived that this Establishment Clause of the first amendment was so that the US government would not promote in religion over another. In doing this, it was also assumed that there would be no special favoritism shown toward any group of people on the basis of religio... ... middle of paper ... ...se such activities were apparent, this proved that the rejection of RSO status did not hinder the organization in any way from being an active and effective organization (Northwest). Such a case should be an example to organizations abroad. The underlying fact is, rejection does not equal unconstitutionality. As long as people are granted the rights that are outlined, not only in the first amendment and supported by the fourteenth amendment as well, in the Bill of Rights. Because there are sure to be problems that will arise concerning the first amendment, especially concerning speech and religion, cases like these will never suffice to solve civil liberty issues. What government must do as they did in this case is to make sure the rulings are in line with the constitution, and rule in accordance to that which is constitutionally sound and not emotionally befitting.
In his speech, The Making of the U.S. Constitution, Gordon Wood discusses the history of how the U.S. Constitution came to be. He explains what factors contributed to its making and what the general consensus was about it during the time. He explains that the reason the constitution was created was because the government needed more power. Why did the government need more power? In short, to unify the 13 states and make life, in general, easier for its citizens, officers, artisans, and even to help with commercial interests (Wood, 2012).
For many, the Constitution is the document meant too symbolize the freedom and liberty associated with America; over the course of a few years the most important aspects of a nation were created that still affect generations.
The Constitution is composed of 3 major parts. The first of which is the preamble. As the opening statement of the Constitution it outlines the goals the American people have for the country. In the preamble the people are assured the laws of the land would apply to all and be fair to all by this line “establish justice” (Doc 1). Peace and order in the nation along with the providing of defence for the people of America are also promised by the line “insure domestic tranquility, provide for the common defense.” (Doc 1). People were also assured their well being and their freedom as long as they lived in the law,Page 42R “promote the general, and secure the blessing of liberty to ourselves and our posterity” (Doc 1). The preamble sets the tone for the rest of the document and declares the document the “...Constitution for the United States of America.” (Doc 2)
In America the Amendment 1 of the U.S. Constitution gives the American people the right to peaceably assemble and to petition the Government for a redress of grievances. Most notably Amendment 1 is known for and most often cited as giving the Freedom of Speech. Even before this amendment was ratified people in the U.S. were protesting, as in the Boston Tea Party. Protesting has been a way to effect change in America. A question to ask is this: is there a right way or wrong way to protest.
The first Amendment of the United States Constitution says; “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 peaceably to assemble, and to petition the Government for a redress of grievances.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
As the first clause of the United States of America's Declaration of Independence reads, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty, and the pursuit of Happiness” so the United States of America Constitution proclaims its purpose: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” The forefathers of the United States of America wrote the Constitution and Bill of Rights reflecting the original beliefs on why separation from British rule was imperative, as well as, destiny for the colonies. It is through the promoted ideas written in the Declaration of Independence that many constitutional principles stem and protected rights are given.
Our founding fathers wrote the Constitution and the Bill of Rights to protect our most basic rights as citizens of the United States, and although creating the Constitution was an arduous effort, eventually the new Americans came to an agreement over what was included. “The Bill of Rights — the first 10 amendments to the Constitution — went into effect on Dec. 15, 1791, when the state of Virginia ratified it, giving the bill the majority of ratifying states required to protect citizens from the power of the federal government.” (First Amendment Center). After the first amendment went into effect, all religious minorities were now protected from persecution, and people could freely speak their
The document I chose to write about is the United States Constitution. When the thirteen British colonies in North America declared their independence in 1776, they laid down that “governments are instituted among Men, deriving their just powers from the consent of the governed.” The “colonies” had to establish a government, which would be the framework for the United States. The purpose of a written constitution is to define and therefore more specifically limit government powers. After the Articles of Confederation failed to work in the 13 colonies, the U.S. Constitution was created in 1787.
Constitutionally, the case at first appears to be a rather one-sided violation of the First Amendment as incorporated through the Fourteenth. The court, however, was of a different opinion: "...
What does freedom really mean? Many people today are aware that they have a right to freedom, but do not know what that really means. Religion, speech, press, assembly and petition are the five freedoms that the First Amendment specifically speaks about. Let’s take a look at the definition of each of the five freedoms, what the government says about our freedom, how it is acted out and portrayed in America, and a few case studies involving the different aspects of the First Amendment.
The First Amendment is the first section of the Bill of Rights and is often considered the most important part of the U.S Constitution because it guarantees the citizens of United States the essential personal freedoms of religion, speech, press, peaceful assembly and the freedom to petition the Government. Thanks to the rights granted by the First Amendment, Americans are able to live in a country where they can freely express themselves, speak their mind, pray without interference, protest in peace and where their opinions are taken into consideration, which is something not many other nationalities have the fortune of saying. The Founding Fathers were the framers of the Constitution of the U.S., and the responsible for the elaboration of the First Amendment. The majority of the Founding Fathers were enlightenment thinkers who were in love with liberty, and thought that basic political rights were inevitable for man’s nature. After having experienced the tyranny from their mother countries, the Founding Fathers carefully constructed the Constitution of the United States in a way where tyranny was avoided and a government for the people, by the people and of the people was developed, which is clearly reflected in the Constitution. At the time of inception of the United States, the Founding Fathers created the First Amendment in order to ensure that the government would not interfere with Americans’ basic civil rights. The rights outlined on the First Amendment were considered so important by these leaders that many states refused to ratify the Constitution of the United Sates until there was a conjecture of amendments that would protect individual rights in the future.
A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government. After the American Revolution, each of the original 13 colonies operated under its own rules of government. Most states were against any form of centralized rule from the government. They feared that what happened in England would happen again. They decided to write the Articles of Confederation, which was ratified in 1781. It was not effective and it led to many problems. The central government could not regulate commerce between states, deal with foreign governments or settle disputes. The country was falling apart at its seams. The central government could not provide assistance to the state because there wasn’t a central army. When they realized that the Articles of Confederation was not up to par, they held a convention, known as the Constitutional Convention of 1787. As a result of t...
The Constitution is the greatest document in American history. It has pushed for progressiveness and equality. The Constitution is basically the supreme law of the United States. The Constitution was written to organize a strong national government for the American states. Before the Constitution, the nation's leaders had established a national government under the Articles of Confederation. The Articles gave independence to each state; the states lacked authority, the ability to work together, and to solve national problems. The U.S. Constitution established America's national government and fundamental laws, and guaranteed certain basic rights for its citizens using five big ideas and this shaped today's America.
The First Amendment of the Constitution is the most important and debatable of them all. The First Amendment states; “Congress shall make no law respecting an establishment of religion, of prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”