The American Constitution - Essay Example

The American Constitution Brian Robinson POL 303 June 30 2009 The American Constitution The American constitution is the work of a group of menwho sought true independence and freedom for a country that was torn apart by war and imperialism. The work of Jefferson and the part it played in the constitution is examined in this essay. Thomas Jefferson was the third President of the United States of America and the principle author of the Declaration of Independence. Jefferson began his public service as a justice of the peace and parish vestryman. In 1769 he was chosen as a member of the Virginia house of Burgress. It was here that he understood the belief of choosing reflection over debate to prove an argument. By reproaching the Crown and its agenda, he became one of the first and foremost leaders of the revolution. Jefferson concentrated on revising Virginia’s laws which included changes in the reigning aristocracy with a republican form of government. He tried to protect the citizens under him from injustice by removing unequal distributions of inheritance and taxing methods. He also used marked efforts to attain freedom for slaves without them needing to be removed from the state itself. These moves also included efforts to forbid the importing of slaves: a bill that was finally passed in 1778. As governor of Virginia he changed capital punishment to treason. Such laws were enforced by Jefferson as alleged abuses that had been made by the previous rulers and would be removed in the newly created America. The American constitution is hailed as the supreme law of the United States of America. This includes a preamble, seven articles, twenty-seven amendments and a paragraph that certifies its acceptance by the constitution’s convention. The Preamble of the constitution states the need for justice, defense welfare and unity to perceive every other aspect in the creation of a successful United States. “The seven articles of the constitution are specific and varied. Article one speaks of the branches required to run the country: congress, legislative and federal government” (Hall 1992). The article is responsible for laying down the rules necessary to be elected in any of the given bodies. This is to ensure no one’s rights are usurped. The bodies are given immense power and thus their elections are of vital importance to the average American By placing the power in the hands of the Congress, the responsibility is passed onto a efficient and well-run body that shall make laws and ensure they are carried out by the related bodies. Article two discusses the executive branch of the government. It discusses the work, qualifications, power and duties of the President. Thus, the abuse that could be used in this office is removed by the various limitations that check that the right man is put into office. Article three focuses on the judicial system which includes the Supreme Court. Lower courts are formed under the Supreme Court. This article is important because it creates the system upon which justice is sought. Cases are all brought in front of the court and asked to reach a decision. If crimes like treason occur then the case is passed to Congress who then becomes responsible for passing a punishment. The fourth article defines the relationship that is created between the federal government and states and within the states themselves. For instance, a concept of full faith is to placed on the states and their decisions within the jurisprudence. This clause is of specific importance because it relates to Jefferson’s alleged abuse idea. It prohibits the state from enforcing harsher laws on out-of-state citizens and letting resident citizens off easily. “The citizens are also allowed the freedom of movement: an act that was denied to them during the Article of Confederation days” (University of Oklahoma). Crossing borders is no longer a costly and difficult process. The territorial clause within this article allows the Congress to govern non-state territories within the United States. Also, each state is protected from invasion and violence. Thus, article four is necessary for ensuring the country is protected from abuse. The states are given valid power in the fifth article. Not only does it require laws to be amended by the Congress but it also requires a third-fourth majority for the law to take effect. Thus, no state can be limited from amending the power without giving them equal representation until this is specifically ordered by the state. The article allows space for mistakes to be corrected within the constitution and to give every member of the United States the opportunity to veto the move if they feel fit. Article six concerns the laws and treaties made in the United States. The law ensures every legislator, officer and judge is to take an oath ensuring that they follow the constitution. “The important aspect of the article states that no individual should be asked to pass a religious test as a qualification to be part of an office or trust within the United States” (Finkleman 2001). The sixth article protects every ethnicity, race and creed from discrimination. The last article focuses on the ratification of nine states and this approval would allow the constitution to come into effect. All the seven articles focus on protecting the rights of the citizens and ensuring the country runs on the basic principles of liberty and freedom. “There are twenty seven amendments to the constitution: fifteen of which were made before the beginning of the twentieth century”(Bernstein 1993). The first and foremost enforces the value of freedom of religion, speech, press and petition. It forbids any form of power from overruling the right of the individual. This amendment is vital because it is based on the entire concept on which the freedom of the United States was sought. Amongst these amendments are other aspects which have crossed over from the time of the American Independence. For instance, the government is forbidden from housing soldiers in private quarters, searches and arrests cannot be made without a valid reason, excessive fines or cruel punishment are also forbidden. One of the foremost amendments made in this constitution is the abolition of slavery, a foremost problem on Jefferson’s agenda. Thus, the articles and amendments of the American constitution are vital in pointing out the affects it has on the country itself. A country that is formed on the basis of liberty, freedom and pursuit of happiness is entitled to run on the same principles. Men like Jefferson ensured the generations that grew up in the country they founded understood and respected the rights that had been gifted to them, without any abuse. References Bernstein, R 1993. Amending America: If We Love the Constitution So Much, Why Do We Keep Trying to Change It?, Random House, New York Finkelman, P 2001, Slavery and the Founders: Race and Slavery in the Age of Jefferson, M. E Sharpe Hall, K 1992, The Oxford Companion to the Supreme Court of the United States. Oxford University Press University of Oklahoma, A chronology of US historical documents, The University of Oklahoma: College of Law, viewed June 30 2009 http://www.law.ou.edu/ushistory/artconf.shtml Read More