Constitutionalism

principles that define America: liberty, equality, natural rights, consent of the governed, private property, the rule of law, constitutionalism, self-government, and independence. He breaks down the ten principles which our founding fathers set as a base for our country. However, over time America’s values have changed and our main goals such as equality, constitutionalism, and independence according to Spalding it needs to be relooked upon. Spalding expressed his opinion on America’s view of…

Criminal law; I told my students that I teach in the Human Rights Education module that ‘refugees are like people like us’. A student in the class stated ‘if he was in a position of a refugee he would see noway out and would commit crime’. I feel the same way about criminals. I am interested in criminal law as I have compassion for the ‘Criminal’, guilty or not. I believe I feel like this as I have experience with a ‘dark side of life’ and I believe there should be no hierarchy of people in…

Since the 1930’s, Modern Liberalism, exemplified in FDR’s New Deal, has brought about great change to the United States through student activism and supreme court rulings. However the conservative backlash that was sparked in 1970’s that continues to this day can be famously summed up with the words of Ronald Reagan “I didn’t leave the Democratic Party; it left me.” As Conservatives grew more hesitant of presidential leadership in a political system that had grown vastly, Liberals had become…

requires more emotion, beyond the institutional and functional aspects, which refers fundamentally to public recognition. In brief, the real sanction the legitimacy of constitutional justice is given or made by the public. The theory of "popular constitutionalism" highlights this need for social legitimacy which it bases on three premises: first, the Court's decisions must be "acceptable" for a majority of citizens. Second, even when the people disapprove of certain specific decisions, it has to…

As a citizen of Canada, it is imperative to understand the origins of legislation that binds our nation. Unfortunately the vast majority of people can hardly comprehend both its origins and what is contained within our arrangement. “The British North America Act planted in Canada a living tree capable of growth and expansion within its limits” An analysis of the Constitution requires understanding the principles. “What are those principles? Our Constitution is primarily a written one, the…

In his article “Mr. Roosevelt is Guilty,” Gary Murphy notes the standard analysis of Roosevelt's third presidential run: bored with civilian life and having a need to obtain power, he decided to seek revenge on Taft who had “failed to live up to the mentor's hopes,” (Murphy 441). Andrew Pavord also notes the revenge element of the standard analysis. Pavord references George Mowry's argument that Roosevelt ran for a third term because he was “prompted by his intense anger” at the antitrust suit…

Republicanism comes from philosopher Plato and his republic. A republic is a government in which elected representatives make the decisions. Republics also come from the ideas of Aristotle and Polybius. Constitutionalism focuses on the constitution. Constitutionalism proclaims the desirability of the rule of law as opposed to rule by the arbitrary judgment. Liberty in philosophy means freedom and free will. Some of the earliest talk of liberty dates back to Roman Emperor Marcus Aurelius…

The US Constitution establishes that due process rights apply to all. The adjudication of law is a function of government necessary for omnipresent protection of legal rights and constitutionalism. In the exploration of universal liberty, the most important right is that of due process. Consequently, the extension of due process rights to noncitizens under the Supreme Court case Hamdan v. Rumsfeld in 2006 remains a fixture in the history of liberty. With the promotion of economic, social, and…

Theoretically then when the covenant between the king and the colonies were broken the colonies became free and independent states. This returned the colonies to a state of nature. Unfortunately in a state of nature, natural rights aren’t secure from the invasion from others. The Founders thus had to draw upon history to design their republican structure. In theory, the correction of these ills was worked out through ancient tradition and customs. To solidify these English customs Americans…

Revolution occurred during the late eighteenth century. These two revolutions were forced around liberty and equality. They shared a monarchical government. The first thing that these two had in common was that they both created ripe conditions for constitutionalism and deep patriotism. The second thing that they had in common was that they did not come bourgeois classes. The third thing that they both shared was that they were spearheaded by private interest and from the higher class. The…