Under America’s first governing document, the Articles of Confederation, the national government grew weak and states operated like independent countries. In response to this the delegates at the 1787 convention which was originally set to ratify the Articles of Confederation devised a plan for a stronger federal government with three branches–executive, legislative and judicial–along with a system of checks and balances to ensure that no one branch would ever gain too much power. The U.S. Constitution established America’s national government and fundamental laws, while guaranteeing that certain basic rights for its citizens would be established and protected. It was signed on September 17, 1787, by delegates to the Constitutional Convention
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On the federal level, the Constitution set a division among the executive, legislative, and judicial branches; locally the government must be granted permission by the state and the governing bodies are directly elected by the people. In total it left the maximum amount of freedom in the hands of individuals. This being said, a common concern among many in today’s society is whether or not a document that was written 229 years ago can still remain relevant in a world that is frequently changing. The Constitutions relevancy is based on the fact that it is a living document written with the possibility of amendments that allows for interpretation by the judicial system, that its purpose is to protect against dictatorship and usurping of power brought up by Anti-Federalist fears, and that it ultimately serves as a protective barrier for citizens’ civil …show more content…
In the case of the Supreme Court vs. the Affordable Healthcare Act, “The [Healthcare Act] require[d] that certain individuals pay a financial penalty for not obtaining health insurance [because it can be] reasonably characterized as a tax because the Constitution permits such a tax...” (Liptak, 2012). The Affordable Healthcare Act hinged on an interpretation of the Commerce and Taxation clause of the Constitution. Chief Roberts used this clause as a way to explain how the Constitution permits a tax to be passed because of Congress’s power to regulate taxes found in Article 1, Section 8, Clause 1. The 14th Amendment after much iteration passed through Congress and was adopted on July 9th, 1868; it helped overrule the Supreme Court’s 1857 Dred Scott decision that prohibited blacks from being or becoming American citizens. With this overrule the 14th amendment was used to guarantee that everyone—no matter the color of their skin—had the right to “Life, Liberty and the pursuit of Happiness.” In more recent years, the 14th amendment was brought into play in the case of Same-Sex Marriages. The Supreme Court drew its ruling from the fact that the 14th Amendment allows everyone to enjoy the privileges of American citizenship—including marriage—without legislated discrimination against their orientation. The majority
On the federal level, the Constitution set a division among the executive, legislative, and judicial branches; locally the government must be granted permission by the state and the governing bodies are directly elected by the people. In total it left the maximum amount of freedom in the hands of individuals. This being said, a common concern among many in today’s society is whether or not a document that was written 229 years ago can still remain relevant in a world that is frequently changing. The Constitutions relevancy is based on the fact that it is a living document written with the possibility of amendments that allows for interpretation by the judicial system, that its purpose is to protect against dictatorship and usurping of power brought up by Anti-Federalist fears, and that it ultimately serves as a protective barrier for citizens’ civil …show more content…
In the case of the Supreme Court vs. the Affordable Healthcare Act, “The [Healthcare Act] require[d] that certain individuals pay a financial penalty for not obtaining health insurance [because it can be] reasonably characterized as a tax because the Constitution permits such a tax...” (Liptak, 2012). The Affordable Healthcare Act hinged on an interpretation of the Commerce and Taxation clause of the Constitution. Chief Roberts used this clause as a way to explain how the Constitution permits a tax to be passed because of Congress’s power to regulate taxes found in Article 1, Section 8, Clause 1. The 14th Amendment after much iteration passed through Congress and was adopted on July 9th, 1868; it helped overrule the Supreme Court’s 1857 Dred Scott decision that prohibited blacks from being or becoming American citizens. With this overrule the 14th amendment was used to guarantee that everyone—no matter the color of their skin—had the right to “Life, Liberty and the pursuit of Happiness.” In more recent years, the 14th amendment was brought into play in the case of Same-Sex Marriages. The Supreme Court drew its ruling from the fact that the 14th Amendment allows everyone to enjoy the privileges of American citizenship—including marriage—without legislated discrimination against their orientation. The majority