How does the US Constitution address the grievances enumerated in the declaration of independence - Essay Example

? How does the US Constitution address the grievances enumerated in the declaration of independence? America under the realms of British rule in 1774faced a series of law passed from the British parliament which was referred to as the Coercive Acts which the Americans called the Intolerable Acts. The Acts designed and implemented by the British government was directed towards punishing the colony of Massachusetts for revolting against the British policies. The agitation and tremendous sense of revolt among the Americans paved the way for the development of the first Continental Congress in September, 1774. During the first congress which included representatives from all the colonies except than that of Georgia gathered together and decided on the development of several actions followed by the complete boycott of the British commodities. The First Congress also drafted a written declaration to the King as well as the Parliament defines the position of the congress which is known as the Declaration of the Rights and Grievances. On September 7, 1774, the Congress appointed a committee with two delegates from each colony in attendance. The duty of the committee was defined in the constitution as “That a Committee be appointed to state the rights of the Colonies in general, the several instances in which these rights are violated or infringed, and the means most proper to be pursued for obtaining a restoration of them" (Declaration and Resolves on Colonial rights of the First Continental Congress, 2012). The committee read the drafts of the rights of the colonies and the draft of the grievances and the final draft were agreed on October 14, 1774 (Declaration and Resolves on Colonial rights of the First Continental Congress, 2012). . The paper will discuss the way in which the US constitution addresses the grievances enumerated in the declaration of independence. Fundamental pillars of the Declaration of independence The declaration of independence in the United States of America demarcated the fragmentation of 13 colonies from the tyrannical rule of the Britain government with the establishment of the independent United States of America. The declaration of independence exhibited the notion that government extracts its power solely from the will of the people and plays a predominant role in securing individual rights. The Declaration of Independence incorporated a list of grievances against King George III of Britain (Founding documents). The grievances mainly pointed out or bases upon some ideologies that the king is a tyrant, the king deprived the colonists of the right of trial by jury, the king imposed taxes on the colonists without their assent, the king dissolved the process of legislatures and the king kept standing armies in colonies in times of peace (Grievances listed in the Declaration of Independence). Majority of the grievances listed in the Declaration of Independence formed the base for the rights which are protected in the First Amendment and the entire Bill of Right in the US constitution. The First Amendment formed the cornerstone of the Bill of Rights which guarantees the basic rights of speech, religion, assembly and petition. The First Amendment exhibits the basic framework which guarantees the citizens of America with the other rights that follow it. In the present day the Bill of Rights consists of 27 amendments. However there are still huge amount of debate regarding the meaning and limitations of the freedoms (Founding documents). Addressing of grievances by the US Constitution With regards to taxes, the Article 1, Section 8, Clause 1 states that the Congress will have the power to lay and collect the taxes, duties, imposts and excised for the purpose of paying debts and also provide for the common person's defense and general welfare of the United States along with the establishment that all the duties, imposts, excises should be uniform throughout the United States of America (The Founder’s Constitution). King has been accused “For cutting off our Trade with all parts of the world:” Article 1 Section 8 address this grievance by stating , “To regulate commerce with foreign nations” (Rosado). Article 1, section 9 states “The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person” (Article I [Congress]). There shall be no imposition of tax or duties on articles exported from any state. There will be no preference given by any regulation of commerce or revenue to the ports of one state over those of another nor shall vessels bound to or from one state be obliged to the center, clear or pay duties in another. There will be no appropriation of money from the treasury but in the consequences of appropriations made by the law and a regular statement and account of the receipts and expenditures will be published in regular intervals of time. There will be no title of nobility which will be granted by the United States and that “ no person holding any office of profit or trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State” (U.S. Constitution - Article 1 Section 9). In the colonial era, the practice of the billeting within the British troop in the private houses was a practiced phenomenon which was a widespread complains against King George for quartering of large bodies of troops. The US constitution states that, “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, or in time of war, but in a manner to be prescribed by law” (Silversmith). But it can be also said that the Third Amendment is proven to be one of the least litigated sections of the constitution. The US constitution has never clearly directed towards the meaning of the amendment. The rarest application of this amendment has been found in the case of Engblom v. Carey, 677 F. 2d 957 (2d Cir. 1982), on remand572 F. Supp. 44 (S.D.N.Y. 1982), aff'd. per curiam 724 F.2d 28 (2d Cir. 1983) (Silversmith). Article 3, Section 2, Clause 1 states that the judicial power will be extended to all cases with respect to law and equity under the purview of the constitution, the laws of the United States and the treaties made or which shall be made under their authority to all the cases affecting ambassadors other public ministers and consuls to all cases of admiralty and maritime jurisdictions to the controversies to which the United States shall be a party to controversies between two or more states or between a state and citizens of another state or between the citizens of the same state claiming lands and that of grants of different states and between a state, or the citizens thereof and foreign states, citizens or subjects. The trial of the crimes shall be executed by the jury except in cases of impeachment and the trial of the jury will be held in the state where the said crimes shall have been committed. In the time when the said crimes are not committed within any state then the trial will be at such place or places as per the discretion of the congress keeping at par with the passed law (The Founder’s constitution).  In amendment 3 the constitution seeks to address the grievance which states that King George has kept within the people of the United States in times of peace, standing armies without the consent of the legislatures of the United States. “He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them” (Rosado). This grievance is addressed by the constitution in Article 1, section 8. This section states to establish the operations which the government is allowed to do and where everything else is reserved to the people and the states. “For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments” (Rosado). This grievance is addressed throughout the constitution with the establishment of the structure of the government reflected in the Article 1, section 8 and section 9 (Rosado). Conclusion The paper therefore explains the grievances that have ushered in the minds of the people of the United States of America being dominated under the rule of the British Empire and simultaneously addressing of these grievances by the constitution with amendments from time to time. There are almost twenty seven grievances which are being incorporated by the congress in the declaration of independence along with their solution. Due to limitations in the scope of discussion, few grievances and their addressing principles are mentioned in the paper although they bear special importance. The evaluation of the addressing of the grievances in the declaration of independence is a large topic of debate and they will have to be analyzed by citing real life examples with application occurring in America. Yet the documental justification of addressing the grievances is appropriate. References Declaration and Resolves on Colonial rights of the First Continental Congress, September 29, 2012, from: http://www.usconstitution.net/intol.html#Grieve Declaration and Resolves on Colonial rights of the First Continental Congress, 2012, September 29, 2012, from: http://www.usconstitution.net/intol.html#Grieve Founding documents, 2012, September 29, 2012, from: http://documents.mccormickfoundation.org/Civics/programs/Education/FreedomExpress/ExhibitGuide/pages/foundingdocuments.htm Grievances listed in the Declaration of Independence, 2012, September 29, 2012, from: http://www.pflugervilleisd.net/curriculum/sstud/documents/Flashcards10thfinalback1.pdf Silversmith, J.A, A Brief History of the Third Amendment, 2000, September 29, 2012, from: http://www.thirdamendment.com/third.html The Founder’s Constitution, 2012, September 29, 2012, from: http://press-pubs.uchicago.edu/founders/tocs/a1_8_1.html The Founder’s constitution, 2012, September 29, 2012, from: http://press-pubs.uchicago.edu/founders/tocs/a3_2_1.html U.S. Constitution - Article 1 Section 9, 2012, September 29, 2012, from: http://www.usconstitution.net/xconst_A1Sec9.html The Founder’s Constitution, 2012, September 29, 2012, from: http://press-pubs.uchicago.edu/founders/tocs/a1_8_1.html Read More