Free

The Founding and the Constitution - Research Paper Example

Comments (0) Cite this document
Summary
1. Article V of the Constitution of the United States defines the procedure for altering the document’s contents, primarily consisting of the proposal of an amendment followed by its ratification. Two ways of proposing amendments are described in Article V, the first being the…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.9% of users find it useful
The Founding and the Constitution
Read TextPreview

Extract of sample "The Founding and the Constitution"

1. Article V of the Constitution of the United s defines the procedure for altering the document’s contents, primarily consisting of the proposal of an amendment followed by its ratification. Two ways of proposing amendments are described in Article V, the first being the normal procedures of any lawmaking in the legislative branch. In this first method (the “formal method”), the United States Congress proposes an amendment, which requires agreement from a super majority (defined as two-thirds of voting members) in each house. Super majority is required given the absolute nature of laws written into the Constitution, so the document is laying out a requirement that seeks a high standard of judgment. Also, the Constitution requires super majority votes from both the Senate as well as the House because, in theory, the two parts of the legislature were meant to represent different interests and different people (the Senate representing more of the small, rural states, which get to send two Senators in all cases whereas the House representing more of the populous states, which get to send representatives on the basis of population) (Alder).
The second procedure (the “informal method”) for proposing amendments to the Constitution provides protection for states to an unresponsive Congress. If two-thirds of states agree to call for a convention, the Congress is obliged to call a convention. This method has neither constitutional instruction for how to complete the convention nor precedent to be relied upon. It is not clear whether the states would be represented equally or by population. With that said, all amendments to the Constitution have been carried out through the first procedure described. The Founders may have wanted this second procedure as a way of empowering the states and protecting against an intrusive, federal government (Mount).
2. “Loose construction” refers to a loose or liberal interpretation of the U.S. Constitution, thus expanding federal powers beyond those explicitly mentioned in the document. In contrast, “strict construction” refers to the opposite: it is a legal philosophy that requires the interpreter of the Constitution to apply the text only as it is written. In other words, powers not enumerated in the Constitution are invalid (Welch).
As was described previously, the formal method of amendment has a clear process described in the Constitution, which maps onto the normal procedure for business of the Congress in creating laws. Therefore, the formal method of amendment is consistent with a strict constructionist approach to the document. On the other hand, the informal method of amendment’s exact procedure is not clearly defined by Article V and therefore requires some interpretation, which is most consistent with the loose constructionist approach to the Constitution. So far, all proposed Amendments to the Constitution have been through the formal approach and therefore consistent with a strict constructionist view.
3. One can see loose construction and strict construction as two extremes in a case where common sense, moderate viewpoints are preferable. Loose construction is problematic in the sense that the Constitution can be misused by activists to enforce new interpretations and value-judgments on the American people. Also, since the Founders provided a process of Amending the Constitution, one can assume they did not intend for the words and their interpretation in the document to change. Strict construction is problematic also in the sense that the world has changed since its creation in the late 18th century. Concepts and social dynamics in the document may no longer apply and therefore it should be interpreted loosely. Also, the Founders did not provide guidance on interpretation and therefore it can be assumed that there is no one way to interpret it, which is against strict constructionism. The best textural approach to the Constitution would seek to follow an explicit, strict approach but only up until the point where the strict approach offers insufficient guidance, at which point an interpretive, loose approach is best.
Works Cited
Alder, Gary. "Article V – The Amendment Process." n.d. In Search of the American Constitutional Paradigm. http://www.freedomformula.us/constitution/the-constitution-by-section/article-v-the-amendment-process/. 2014.
Mount, Steve. "Constitutional Amendments." 30 January 2010. U.S. Constitution. http://www.usconstitution.net/constam.html. 2014.
Welch, Hillard W. "Strict Construction vs Loose Construction." n.d. The John Birch Society. http://www.jbs.org/constitution-blog/strict-construction-vs-loose-construction. 2014. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Founding and the Constitution Research Paper”, n.d.)
The Founding and the Constitution Research Paper. Retrieved from https://studentshare.org/history/1643567-the-founding-and-the-constitution
(The Founding and the Constitution Research Paper)
The Founding and the Constitution Research Paper. https://studentshare.org/history/1643567-the-founding-and-the-constitution.
“The Founding and the Constitution Research Paper”, n.d. https://studentshare.org/history/1643567-the-founding-and-the-constitution.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Founding and the Constitution

Politics (the founding fathers)

...of the most important governmental document and presented him the name the ‘master builder of the Constitution’. An American history learner would also like to call him the greatest volunteer of ‘governmental power to promote liberty’. Founding Brothers: The Revolutionary Generation by Joseph J. Ellis that deals with the life and mission of the primary players of post-revolutionary America. The text is all about the human dynamics and vivid personalities that influenced and shaped the early republic. The book gives an influencing study on the lives and missions of the fathers of American Republic - Aaron Burr, Benjamin Franklin, John Adams, Alexander Hamilton, James Madison, Thomas Jefferson, and George...
6 Pages(1500 words)Essay

Constitution

...? The Bill of Rights Importance in the Justice System The foundation of the American criminal justice system is located within the U.S. Constitution, specifically in the Bill of Rights, the first 10 Amendments to the Constitution which guarantees every U.S. citizen certain fundamental liberties and rights. With regard to criminal procedures, the foremost of these rights is the assumption of innocence. Though not explicitly written into the Constitution, this presumption has been interpreted by several court rulings as implied in the Eighth and Fifth Amendments. It has become a fundamental right that is universally recognized by the courts and public alike. Under this presumption,...
3 Pages(750 words)Essay

Founding Fathers

...? FOUNDING FATHERS Introduction America has a proud, democratic history. The country was born due to the visionary leadership of its founding fathers, who ensured that the country was built based on citizen liberties and respect of the constitution. These visionaries drafted a document that served as an inspiration for democracies worldwide. The founders were keen in ensuring that the government that would take over would be defined by liberties of individuals and the quest of happiness for its citizens who will be accommodated by the government and its systems (Mason and Rauchut, 2008). This is to say that the founders intended to form a government, whose sole purpose was to ensure...
2 Pages(500 words)Essay

Constitution

...Baker vs. Carr in promoting Democracy and Constitutional Government: The American constitution provides for a democratic form of government. Democracy is a system of majority rule, characterized by the notion of a one man one vote system.In 1788, the United States constitution adopted the notion of natural freedom and equality1.The provisions of this constitution provided for an elected government, and it was concerned with the civil rights and liberties of all America citizens. Due to these changes in the constitution, democracy was entrenched in the social lives of all America citizens. During this period, democracy led to a political, social and...
7 Pages(1750 words)Term Paper

Founding a new nation

...? Founding a New Nation The island is newly found and the count of people is very less to inherit a constitution from a huge country. Sincethe government will be democratic, so it will be made in the favor of the nation according to their consensus. Since the island is very small, it will need to have a very strong foreign policy defined to ensure the future prosperity of the nation. The government system will be federal and the rights of the federal government will be passed down to a combination of mayors and judiciary of each town. The constitution will have a few sections divided on the base of power and responsibility and will then be further divided into laws. It...
5 Pages(1250 words)Essay

Constitution

..."Our Unconstitutional Congress - Congress spending money on programs not d in the Constitution" is an article by Stephen Moore that criticizes the way Congress appropriates federal funds. His main point is that, though the Constitution empowered Congress to allocate or spend government funds, these powers are only limited and is very specific. And at present, the way Congress spends federal funds, it is going beyond the powers that the Constitution vested it. In the article of Moore, he claimed that in the earlier days, the federal government only had limited funds and only a number of things to spend on. Today however, federal budget amounts to billions of dollars and it subsidizes on...
4 Pages(1000 words)Essay

The Founding fathers of America

...roles in the revolutionary war and established the US constitution which is arguably the best in the whole world as it comprised of top geniuses in the world. The words ‘founding fathers’ as used in reference to America is subdivided into two factions; "Signers of the Declaration of Independence"-these are the individuals as who signed the US independence declaration in the year 1776 (Burke 178). The other is the framers of the American constitution-these were the delegates fondly known as the federal convention who were involved in the drafting and final documentation of the American constitution. The final subset encompasses the group that took part in the signing of...
2 Pages(500 words)Essay

Constitution cafe

..., which have the aim of redressing problems of the existent Constitution. The author also discusses the historical interludes regarding the conflicts among the Founding Fathers; this highlights the compromises as well as difficulties that were needed in 1783 (Phillips 1–336). In the book, Phillips portrays that the Constitution of United States is a document that should be interpreted and reread constantly. As Phillips travels across the United States and conducts informal working sessions, he engages many citizens and urges them to re-examine the American Constitution and make suggestions on improvements and updates that should be instituted. The book brings further...
4 Pages(1000 words)Essay

MRKT

1 Pages(250 words)Essay

Constitution

...General Welfare General Welfare The phrase “general welfare” has consistently made appearance in most books of the law and constitutions of most nations. McGee (2014) notes that not only does its appearance make a general representation of the law, but it also brings about a grey area which most people are yet to comprehend. General welfare has also made its appearance in parts of the constitution of United States such as in the description of the role of the congress on article 1 section 8 of the constitution. In as far as, it is an implied term; it is very notable how its meaning can be extrapolated to issues such as health all of which are issues of concern to both the government and...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic The Founding and the Constitution for FREE!

Contact Us