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The Missouri State Constitution, 2006.
A discussion on whether the latest version of the Missouri State Constitution needs to be reformed.
1,159 words (approx. 4.6 pages), 2 sources, MLA, £ 27.95
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Abstract
The Constitution of the State of Missouri is also a living document. It can, and has been, amended many times. It has also been entirely re-written, most recently in the 1940s. This paper argues that the Missouri State Constitution should not be "reformed" in any way that would be detrimental to the human and civil rights of all Missourians. It also contends that any measure in the current constitution that denies rights to groups or individuals on the basis of popular prejudice, or on misguided attempts at enforcing a single, "preferred" view of morality, is clearly wrong.
Outline:
Introduction
The Bill of Rights
Conclusions
From the Paper
"Like the Federal Constitution, the Missouri State Constitution contains a section that is referred to as the "Bill of Rights." The provisions contained in the Missouri State Constitution's Bill of Rights serve to clearly elucidate the basic civil rights of all Missourians. They not only tell us what rights we possess, but they also prevent our officials from abusing, or taking away those rights. Broadly speaking, the current state bill of rights provides for the recognition of most of those civil liberties that have come to be accepted as normal and natural throughout the modern day United States. Yet to increasing numbers of people, many of these guaranteed rights seem either too vague, too liable to be misconstrued, or just simply out of step with popular values. For many Missourians, religion is an important part of daily life, and one that should not be excluded from government. "
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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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Free or Slave State?, 2005.
This paper discusses the struggle of the young U.S. to solve the issue of whether new states were to be a free or slave states.
1,195 words (approx. 4.8 pages), 5 sources, MLA, £ 27.95
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Abstract
This paper explains that the question of whether or not to admit new states as slave-holding or free states had a direct bearing on political representation of states in Congress. The author points out that the southern slaveholding states, fearing political disenfranchisement, wanted new states to be admitted as slaveholding ones thus having more sympathizers in Congress; however, the abolitionist movement was growing stronger and more vocal, especially in the North. The paper examines the Northwest Ordinance, the Missouri Compromise, the Fugitive Slave Law, the Dred Scott case, Lincoln's Emancipation Proclamation and, later, the 13th Amendment to the Constitution, which ended the practice of slavery in the United States; however, sectionalism divided North and South for many decades after the end of the Civil War.
From the Paper
"The first territory from the Louisiana Purchase lands to be admitted to the Union was Missouri, in 1818, immediately brining to light the deepening rift between southern and northern sentiments. Missouri was being settled largely by slaveholding southerners, residents who hoped that the state would be admitted without any provisions restricting slavery within its borders. To their consternation and that of other Southern states, Northern Congressmen in the House of Representatives helped passed a bill that would admit Missouri as a free state. The bill failed to pass in the Senate. The crux of the free state/slave state issue was congressional representation: before Missouri was admitted to the Union, the number of slave states and free states was equal. To preserve the balance of power between slaveholding and free states, Congress needed to compromise."
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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, £ 86.95
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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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The U.S. and German Constitutions, 2003.
A comprehensive look at the similarities and differences between United States and German constitutions.
2,485 words (approx. 9.9 pages), 6 sources, APA, £ 52.95
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Abstract
This paper compares and contrasts the United States Constitution with the German Constitution that was adopted in 1949. The paper discusses the historical background of the German constitution, that being one in which the victorious Allies essentially saw that the ideals of democracy and freedom were to be installed into law so that there would be no repeat of political groups circumventing the law to meet their own desires. The paper first discusses the variety of other constitutions that existed in Germany before World War II and the main points behind them. The cultural pride of Germany tended to be the focal point of these legal documents, so the 1949 constitution that was written for Germany sought to incorporate the peaceful cultural tendencies of the German people while at the same time promoting a United States-like democracy in the country. The second part of the paper cites both documents frequently and shows that there are key differences between both constitutions. It is also touched upon that the original German constitution was only adopted by West Germany prior to the collapse of communism in the late 1980s, and there is a brief description of how East Germany functioned before reunification.
From the Paper
"The most notable similarities between the two constitutions are the predominant emphasis on basic human rights and freedoms of the people. The German constitution's first five articles all revolve around the concept of liberty and justice. Article 4 of the German constitution reads, "Freedom of creed, of conscience and freedom to profess a religious or non-religious faith are inviolable". This is directly a reflection of The American Constitution's Amendment One, in which it claims that all citizens have the right to freedom of religion. These human rights from the American constitution were adopted readily by the German public, and the two constitutions share the ideas of human dignity, liberty, freedom of expression, freedom of assembly, freedom of movement, the inviolable of the home, and rights of property. "
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Comparison of Nevada and U.S. Constitutions, 2005.
State constitutions tend to show deviation from the structure of federal rule maintained by the U. S. Constitution. In the case of the Nevada State Co...
675 words (approx. 2.7 pages), 2 sources, £ 18.95
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Abstract
The paper explains how state constitutions tend to show deviation from the structure of federal rule maintained by the U. S. Constitution. The paper describes how, in the case of the Nevada State Constitution, there is ample evidence that this document sets forth a policy of law that is far more democratic in tone and in application than the constitution. The paper further discusses how there are strong similarities between the two documents, both, for example, stress the rights of the citizenry and even focus on issues such as the right to assemble and a citizen's ability to refuse to quarter other citizens in their homes upon order from the government.
From the Paper
"It is generally understood that the United States is built upon the principles of democracy, in which the majority consensus of the citizens helps to define the shape of issues or elections. However, in assuming that the Constitution - the document upon which such practices are founded - is inherently democratic is only partially accurate. Indeed, it has been frequently argued that the U. S. Constitution is representative of the rule of law from a federation as opposed to a pure democracy; in a federation, elections occur among the majority of the citizenry but this process results in elected officials who then determine the direction of the country. In short, a federation transforms a democracy from the rule of the many back into the rule of the few, with the "few" in this sense being the elected officials selected through an elections process."
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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, £ 57.95
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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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Comparative Constitutionalism, 2006.
A discussion regarding why the Mexican Constitution in theory and in practice differs from the American Constitution.
2,700 words (approx. 10.8 pages), 10 sources, £ 73.95
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Abstract
This paper discusses how at first glance the Mexican and American constitutions, at least as they pertain to items like the distribution of legislative judicial and executive power or constitutionally entrenched federalism, are strikingly similar. However there are practical divergences between the two that need to be explored. Most notably this paper examines the differences between Mexican federalism and American federalism. Specifically while both countries explicitly provide for a federalist framework in their constitutional documents, Mexico's federalism has been historically a theoretical construct rather than a practical reality.
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English Constitutional Law, 2007.
An analysis of English constitutional law, particularly the purpose of the Constitutional Reform Act of 2005.
1,313 words (approx. 5.3 pages), 21 sources, APA, £ 30.95
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Abstract
This paper discusses the Constitutional Reform Act of 2005, which enshrines in law, for the first time, a duty on government ministers to uphold the independence of the judiciary. The paper describes the history and the scope of the law, as well as its purpose. In addition, the paper discusses the Constitutional Reform Act with relation to English constitutional law and its need for reform.
From the Paper
"The scope of judicial review today is almost unrecognisable compared to that of 25 years ago, and judges are more willing to intervene to ensure that the body in question acts in a procedurally correct manner, even when such a decision may impugn on the authority of the executive. For example in the case of Anisminic Ltd v Foreign Compensation Commission , where a statutory provision seemed to exclude the courts' supervisory jurisdiction, the court, according to Wade and Forsyth, acted in a way of "total disobedience to Parliament" by recognising a broad concept of jurisdiction. Further, in the Pergau Dam case, Lord Irvine argues that the court "took away from the executive a considerable degree of autonomy" in holding that the Secretary of State's decision was unlawful. He continues arguing "it is this type of judicial activism which begins to blur the boundary between appeal and review, thereby undermining the constitutional foundations on which the courts' supervisory jurisdiction rests"."
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Constitutions are Blueprints, 2002.
A look at the principle behind constitutions using examples from both British and American constitutions.
1,150 words (approx. 4.6 pages), 3 sources, £ 30.95
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Abstract
This paper presents a discussion about the nature and purpose of constitutions. Using the British and United States constitutions the author of this paper uses examples to illustrate the meaning, purpose and nature of constitutions in general.
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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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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, £ 59.95
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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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Constitutionality of the Draft, 2005.
Argues that the original intention of the US Constitution's founders was not to conscript ordinary citizens into the military.
5,620 words (approx. 22.5 pages), 15 sources, MLA, £ 94.95
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Abstract
Conscription is often believed in principle to be either wrong, unnecessary, or both, or necessary under certain circumstances and therefore morally permissible due to them. There has also been extensive argument over the question of how exactly the clauses of the Constitution that relate to military powers and their foundations in the branches of government should be interpreted. The paper shows that this question logically leads to the examination and assessment of the intentions of those men who actually conceived of and wrote these clauses. At first, one might assume that the Framers never considered the prospect of a military draft in the United States, since its first instance in this country occurred over 70 years after the ratification of the Constitution. The paper argues that although we will never know for sure the true original meaning of the Constitution's language, there is an abundance of evidence that strongly suggests that the Framers never intended to institute a general conscription of ordinary citizens, and even that they were expressly opposed to and made efforts to guard against the implementation of conscription. The paper further argues that by using the evidence we possess of the Framers' intentions to interpret the Constitution's clauses concerning the military, as well as supporting background evidence from the time period, only one conclusion can be reasonably drawn: By applying a standard which focuses on the original meaning of the Constitution as the Framers intended it, the United States military draft cannot be considered constitutional.
From the Paper
"It appears, then, that Holzer would also likely agree that underlying the formation of American political thought in the independence and post-independence era is the philosophy of John Locke and his social contract. This contract is made possible by citizens who voluntarily give up some of their natural rights in order to enjoy an even better set of rights in a political community. These concepts are themes that we see in both the Declaration of Independence and our Constitution, which provide for the government protection of life, liberty and property that Locke advocated. This fact becomes important to the question of the constitutionality of conscription when we consider that the draft "contradicts this element of liberal democracy by demanding the possible sacrifice of one's life for one's country.""
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