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The Function of a Constitution., 2002.
Definition of the function of a constitution in politics.
2,150 words (approx. 8.6 pages), 6 sources, £ 56.95
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Abstract
A constitution is a written document that sets forth the fundamental rules by which a society is governed. For the purposes of this paper, the most important function of a constitution is the creation and delimiting of a political entity. This paper concludes that constitutions are not a cure-all but they function to allow states to rise above ethnic, geographic, and regional diversity. They do this by providing a political framework for the governmental life of the nation to operate on; they also act, at their best, as embodiments of the national character, and symbols of the state.
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The Articles of Confederation and the Constitution, 2005.
A discussion of the failure of the Articles of Confederation and the consequent emergence of the Constitution of the United States.
965 words (approx. 3.9 pages), 13 sources, MLA, £ 24.95
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Abstract
This paper recounts the drafting, implementation, amendment, and eventual rejection of the Articles of Confederation. The paper states that its main failure was that it was aimed primarily to prevent usurpation of power by the government, rather than provide for effective governance. A more effective Constitution was drafted as a result, which reduced state sovereignty and allotted greater power to the central government. In summary, the paper contends that the Articles of Confederation reflected the fear of governmental usurpation of power and created a government so powerless it could not function, while the Constitution gave the new government the power it needed to function.
From the Paper
"In Federalist # 51, James Madison argued that the government was structured to preserve liberty. No one branch could hold sway over the others, and judge, appointed by the other branches, would be selected for quality, not popularity. (Federalist # 51) By creating the checks and balances, the government could control public excesses, but could not itself usurp power. The legislature, the most dangerous branch, was the most checked. Meanwhile, the size of the nation would prevent mob rule, because factions would check one another. (Federalist # 51)"
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Constitution Comparison, 2002.
A compare and contrast analysis of the U.S. Constitution with the Indiana Constitution.
826 words (approx. 3.3 pages), 3 sources, MLA, £ 20.95
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Abstract
This paper discusses the differences between the constitution of the United States of America and the constitution of the State of Indiana. One is a federal constitution that encompasses the general backbone of the legislative, judicial and federal system of the nation and the other abides by the general constitution along with running a constitution of it?s own for the stability and prosperity of it?s own populous. It examines the differences and similarities in structure and organization, how both constitutions respect and protect the right of its civilians and the different views on civil rights.
From the Paper
"The sphere that marks the end of the US constitution and the beginning of the Indiana constitution is when the general principles and articles that apply to the whole country end and a more microscopic view to the general principles are developed to suit the temperament of the people. For e.g. according to the Indiana constitution (Article 1 section 3),?That all men have a natural and indefeasible right to worship Almighty God, according to the dictates of their own consciences: That no man shall be compelled to attend, erect, or support any place of Worship, or to maintain any ministry against his consent: That no human authority can, in any case whatever, control or interfere with the rights of conscience: And that no preference shall ever be given by law to any religious societies, or modes of worship; and no religious test shall be required as a qualification to any office of trust or profit.?. While the same right of practicing one?s religion and the rituals in it were conservatively disregarded by the American Supreme Court when in 1990 it ruled against two American Indians who religiously smoked peyote. The American perspective on many issues has been noted to be conservative."
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The American Constitution, 2005.
This paper discusses the American Constitution as a living, evolving document, from guaranteeing the right to enslavement in the 18th century, to modifications in favor of freedom of slaves in the 19th century.
1,625 words (approx. 6.5 pages), 3 sources, MLA, £ 36.95
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Abstract
This paper explains that Frederick Douglass' argument, which characterized the American Constitution as an anti-slavery document, divided between free and slave states and territories, does not stand up to sustained legal and historical analysis of the original text of the American Constitution, as signed after the Constitutional Convention, and before the passage of the Emancipation Proclamation. The author points out that the first Constitution clearly was not an anti-slavery document, rather it functioned as the founding of a republic not a democracy, with a dim view of factional interests, including the rights of both slaveholders and slaves. The paper relates that the defenders of the American Union such as Abraham Lincoln used the Constitution to create an anti-slavery position leading to the passage of the Emancipation Proclamation.
From the Paper
"Slavery, Douglass stated, deprives an individual of his or her dignity, deprives an individual American of the right to dispose of his or her person as he or she sees fit, and lastly deprives a potentially educated American citizen of the right to read and to obtain an education, even if he or she possesses the intellectual capacity to do so, and thus is a violation of the principles of American democracy. Douglass demonstrates that even marriage becomes corrupt in the enslaved states, a mere institution of breeding rather than of Christian love as it ought to be for, "slavery provides no means for the honorable continuance of the race.""
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"Taking the Constitution Seriously", 2005.
This paper reviews Walter Berns' book "Taking the Constitution Seriously", which examines the philosophical foundations of the Constitution of the United States.
1,245 words (approx. 5.0 pages), 1 source, MLA, £ 29.95
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Abstract
This paper explains that Walter Berns writes in "Taking the Constitution Seriously" that the philosophical fundamentals, which were infused into the Declaration of Independence, were directly responsible for the ultimate form the Constitution of the United States eventually took and for the moral perspective of the nation that was created. The author points out that Berns dispels the idea of many historians who doubt that the founding fathers of the United States seriously included the notion of self-evidentiary, unalienable rights as a launching pad for the nation but rather that the importance of these rights to the United States grew only over time. The paper relates that Berns discusses the elemental principles that backed the Declaration of Independence's position of natural and self evident human rights as argued by John Locke and Thomas Hobbes.
From the Paper
"This broad perspective sets the stage for Berns' handling of the segments of society that were understood to be unworthy or unwilling to enter into the social contract of the United States. The Tories are the first subset of colonial society that Berns addresses. To him, they occupy a unique place in the discussion of constituting the people of the United States because they categorically opposed the premises of the United States upon philosophical or political grounds. He notes that many were loyalists to the crown simply for personal and economic reasons and others for religious reasons--like the Quakers but the most interesting, to Berns, are those who were dedicated monarchists. They first two subsets of Tories were somewhat assimilated into American society, but he implies that the exile of the third subset was essential to the continuity of the United States."
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The Doctrine of Eclipse and the Indian Constitution, 2008.
Analyzes decided legal cases to study the doctrine of eclipse and the Indian Constitution.
4,965 words (approx. 19.9 pages), 16 sources, APA, £ 88.95
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Abstract
This paper defines the doctrine of eclipse and its relationship to the Indian Constitution. The author points out that, by virtue of this doctrine, the legislature can simply revive an inconsistent pre-constitutional law by amending the Constitution. This results in legislative inertia. Thus, the paper concludes the doctrine largely benefits the executive and not the people.
Table of Contents:
Introduction
Nature and Scope
Research Questions
Doctrine of Eclipse
Applicability of Doctrine of Eclipse with regard to Post-Constitutional Laws
Article 13(1) is Not Retrospective
Distinction between Unconstitutionality from Lack of Legislative Competence and from Violation of Constitutional Limitations on Legislative Power
Distinctions between Article 13 (1) and 13 (2)
Supreme Court Decisions which point out the Distinctions between Articles 13 (1) and 13 (2) of the Constitution
Distinction between Voidness in the case of Pre-Constitutional Law and Post-Constitutional Law
Amendment can Revive a Pre-Constitutional Law but not a Post-Constitutional Law Declared Invalid
A Critical Analysis of Doctrine of Eclipse
Conclusion
From the Paper
"The amendment to the Constitution can revive pre-Constitutional laws if it removes the inconsistency associated with that law. This is by virtue of the application of doctrine of eclipse on pre-Constitutional laws which were not still born and would exist though eclipsed on account of the inconsistency to govern pre-existing matters. In the case of post-Constitution laws, they would be still born to the extent of the contravention. This would mean that the doctrine of eclipse is inapplicable in this case. There is no scope for the revival of a post-Constitutional law by an amendment of the Constitution."
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Texas - A Good Constitution?, 2006.
An analysis of the the Constitution of Texas and how it compares to other state constitutions.
2,791 words (approx. 11.2 pages), 9 sources, MLA, £ 58.95
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Abstract
This paper discusses the Constitution of Texas. The paper also discusses the factors that influenced the creation of the Texan Constitution and points out that it both differs and resembles other state constitutions. The paper then attempts, through a close examination of the Texan Constitution, to determine whether those differences are positive or negative.
From the Paper
"But why these major attempts to re-write the current Constitution? As described in brief, the governor of the State of Texas is one of the least powerful of all American state governors. The strict limitations placed on the exercise of gubernatorial power means that there is no single, strong hand that directs the state administration. Power is divided among the governor and other elected officials, creating the unusual situation of a plural executive. The State is like a ship with several captains, each vying for control, each attempting to set the course of the vessel. It is easy for these officials to agree only on the most basic and straightforward of ideas and policies. The dividing up of the executive limits the chances that any one official will assuming absolute control, but it also works against any dramatic change - no matter how sorely needed. In effect, the entire Texas executive is an assembly; an assembly without any clear leader."
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Constitution of Texas, 2002.
A discussion of the flaws in the Constitution for the State of Texas and a comparison with neighboring states.
1,416 words (approx. 5.7 pages), 2 sources, MLA, £ 33.95
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Abstract
This paper examines how there is a never-ending debate over which amendments of the constitution of Texas need revision, either partly or completely. It looks at how the constitution of Texas was adopted in 1876 and since then has been revised 377 times and how because of this, in many ways it is considered ridiculous, outdated and often proves to be trivial and sometimes unworkable. It discusses how the constitution of Texas is basically far longer than any other constitution of the United States and contains huge unnecessary details and since it has been revised so many times, contains sections that are now meaningless. It analyzes how the continual change in the constitution only indicates the failure of the state to implement laws that are more realistic.
From the Paper
"Alabama, Colorado and Texas are all affected by this amendment which has undergone frequent revisions because the citizens of the states are not happy with the changes and fear the affect it would have on the state on a long-term basis. Many oppose the amendment of Section 49 of Article III, because they fear it will destroy the smaller units of the government, stop highway expansion and will make the state go into heavy debts since it might be unable to backfill the revenues lost to the local government bodies. Some also believe that it will cause the service districts, local governments and the date governments to fail since the state cannot spend more than 6% annually. This makes continuous backfilling impossible. The complete effect of this amendment in all three states will be disastrous because they will not be able to spend money on any of the services required by their constituency."
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The United States Constitution, 1992.
An examination of the philosophical and structural foundations of the Constitution. Special attention is given to the Constitution's authors and critics and to the ideas of Federalism and Anti-Federalism.
2,925 words (approx. 11.7 pages), 6 sources, £ 73.95
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From the Paper
"Introduction
The shape of the U.S. Constitution as it was developed at the Constitutional Convention in Philadelphia was certainly influenced by such factors as the colonial experience, the revolt against British rule, and the failure of the earlier Articles of Confederation. Yet, the ideas embodied in the Constitution had been taking shape for some time before any of these elements had come into being. Indeed, the ideas expressed in the Constitution derived from European theorists such as John Locke, Thomas Hobbes, David Hume, and Jean-Jacques Rousseau, though the manner in which these ideas were adopted by the colonists was influenced by the various elements of the colonial experience. The colonists had fled Europe precisely to avoid many of the legal features against which the Constitution would be written, such as..."
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EU Constitution, 2005.
A look at the design of the EU draft constitution, its strengths, and its weaknesses.
2,924 words (approx. 11.7 pages), 6 sources, APA, £ 61.95
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Abstract
This paper investigates the details of the EU draft constitution. In particular, the paper seeks to critically evaluate the extent to which the draft constitution creates an institutional architecture that is both sustainable for the future of Europe and achieves an appropriate inter-institutional balance. The paper begins with a brief overview of the European Union and the nations that are a part of the entity.
Introduction
Overview of the European Union
Main Aspects of the Constitution
Opponents of the Constitution
Critical Evaluation
Discussion and Conclusion
From the Paper
"The architecture of the constitution is such that it does have the ability to grow and it also makes concessions for the addition of new nations into the union. In addition, the Union will be responsible for making decisions concerning the international community. This decision making ability will allow the European Union to make definitive decisions regarding support for military and humanitarian efforts throughout the world."
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Ratification Debates and the United States Constitution, 2006.
This paper discusses the political, economic and social conditions in America that created the need for a strong federal government in early America and led to the eventual ratification of the United States Constitution.
1,350 words (approx. 5.4 pages), 2 sources, £ 37.95
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Abstract
This paper explains that the Articles of Confederation allowed states the ability to create their own laws and govern citizens prior to the ratification of the constitution. The paper also discusses the weakness of such a system, pointing out that under it federal authority was very weak and failed to unify the states, regulate taxation or control commerce. In the years previous to the ratification of the US Constitution, the country was experiencing rebellion and the growing tensions and unrest in the states was creating a sense that the nation would experience destruction if action were not taken. The paper further explains that because of these conditions, the concept of altering the framework for the nation was proposed and supported by federalists who were all of the wealthiest Americans. These individuals contended that there had to be strong federal government that would serve as a universal body over the states and control how the nation functioned economically, militarily and through law.
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The Origins of the Constitution, 2004.
Examines various sources of the United States' Constitution, from ancient Greek democratic thought to ideas from the Enlightenment .
2,900 words (approx. 11.6 pages), 6 sources, MLA, £ 60.95
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Abstract
When determining the true roots of the United States' Constitution, the paper shows that this great document is a conglomerate of Greek, French, and English political ideologies. First, the very heart of democracy lies with the ancient Athenians and their city-state, or polis, where all citizens were individuals and could express their thoughts and opinions freely. Second, the paper shows that, through the ideals of Montesquieu, the Constitution reflects the French face of democracy and obviously serves as the very bedrock for the document. Finally, the paper shows that the English Constitution bears some responsibility for the formation of its American counterpart, due to the opinions of Carter Braxton (1736-1797), a wealthy planter, Continental Congress delegate ,and signer of the Declaration of Independence, who argued that ?the best way to preserve liberty and stability would be to model the new government after the British Constitution?, which fortunately did not occur, and thus allowed the ?Founding Fathers? to employ their own principles as they evolved from the minds and works of those that came before them.
From the Paper
"But one of the most influential aspects of Athenian democracy which was later incorporated into the American Constitution was the idea of majority rule which symbolizes the principle that the interest of the group must prevail over that of the individual citizen when the freedom of the group and the freedom of the individual come into conflict. Thus, the Athenians assumed that the right way to protect democracy was always to trust the majority vote of free-born, adult male citizens without any restrictions on a man?s ability to say what he thought was best for his country and for democracy. And much like the political ideals associated with the ?Founding Fathers? such as Thomas Jefferson and James Madison, majority rule rested on the belief that the cumulative political wisdom of the majority of voters would always outweigh the voices of the minority, especially when such minorities exhibited certain eccentricities and irresponsible acts which on the whole might upset the democratic system."
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New York State Constitution, 2002.
The road leading to the creation of the first New York State constitution.
4,185 words (approx. 16.7 pages), 11 sources, MLA, £ 78.95
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Abstract
This paper explores the process that resulted in the first New York State constitution. It first looks at the events leading up to the formation of the constitution and then discusses specific elements with the constitution itself. The paper also examines the influence of the United States constitution on the New York one and various amendments which have been made.
From the Paper
"The creation of New York State?s first constitution in 1777 is steeped in a rich and intricate history, sharing the historical stage with United States Constitution, which was undergoing is own genesis. While the United States Constitution reflected the sentiments of the national population, the New York Constitution helped to cement the ideals of a people that were distinct from the larger order. Indeed, New Yorkers were a different breed, which was evident from the inception of statehood as many personalities came forth."
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