The Enduring Success of the US-American Constitution: Between the Suspicion of a Strong Government and a Strong Social Welfare State

The Enduring Success of the US-American Constitution: Between the Suspicion of a Strong Government and a Strong Social Welfare State

Author: Sebastian Dregger

Publisher: GRIN Verlag

Published: 2006-10-28

Total Pages: 15

ISBN-13: 3638562174

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Essay from the year 2006 in the subject English Language and Literature Studies - Culture and Applied Geography, grade: 1 = A, University of Trier ( Department of English Studies), course: Culture Studies - North America, language: English, abstract: When the seventy-four delegates of the thirteen founding states of America came together at the Pennsylvania State House in Philadelphia in 1787 to debate and draft a new constitution, they wanted to achieve two aims: On the one hand, they wanted to establish a successful and enduring federal government having the means to defend independence from European powers as well as to keep the states with their different interests together. On the other hand, knowing that authoritarian and corrupt monarchies oppressing their own people dominated the political world of the 18 th century, the constitution should be so carefully drafted that any government in future could be efficiently prevented from becoming too powerful and thus turning into a tyranny. 1 Many people in those days doubted if these two demanding aims could be equally achieved by the new constitution. They were of the opinion that tyrannical governments are the price to pay for a well-functioning and successful government. 2 However, the history of the American Constitution has proven these people wrong: even more than 200 years later the same constitution is still in power. And more than that: it has become the founding document of the first modern - functioning - democracy with the result that not only the American people - no matter to what political camp they belong as individuals - are proud of their constitution 3 ; many other states wanting to establish their own democracy have also tried and still try to imitate and adopt the features of the US- Constitution. 4 So, looking at the unique history of the American constitution, the question arises: What is it that has made this constitution so stable and successful? In my essay I want to argue that two aspects are responsible for this success: On the one hand, the US- Constitution is marked by its incorporation of mechanisms through which the idea of a suspicion of a strong government is expressed in order to protect individual freedom. On the other hand, it is the constitution’s flexibility to adapt its general principles to new social conditions that have contributed to its success. The most important adaptation which took place in this context was that of the development of a social welfare state during the New-Deal-time which helped to master the worst economic crisis in American history. [...]


The Federalist Papers

The Federalist Papers

Author: Alexander Hamilton

Publisher: Read Books Ltd

Published: 2018-08-20

Total Pages: 420

ISBN-13: 1528785878

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Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.


Keeping Faith with the Constitution

Keeping Faith with the Constitution

Author: Goodwin Liu

Publisher: Oxford University Press

Published: 2010-08-05

Total Pages: 274

ISBN-13: 0199752834

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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.


The Founding Fathers

The Founding Fathers

Author: Richard B. Bernstein

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 184

ISBN-13: 0190273518

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This concise and elegant contribution to the Very Short Introduction series reintroduces the history that shaped the founding fathers, the history that they made, and what history has made of them. The book provides a context within which to explore the world of Washington, Franklin, Jefferson, Adams, and Hamilton, as well as their complex and still-controversial achievements and legacies.


Looking for Rights in All the Wrong Places

Looking for Rights in All the Wrong Places

Author: Emily Zackin

Publisher: Princeton University Press

Published: 2013-04-21

Total Pages: 250

ISBN-13: 069115578X

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Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.


Who Rules America Now?

Who Rules America Now?

Author: G. William Domhoff

Publisher: Touchstone

Published: 1986

Total Pages: 244

ISBN-13:

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The author is convinced that there is a ruling class in America today. He examines the American power structure as it has developed in the 1980s. He presents systematic, empirical evidence that a fixed group of privileged people dominates the American economy and government. The book demonstrates that an upper class comprising only one-half of one percent of the population occupies key positions within the corporate community. It shows how leaders within this "power elite" reach government and dominate it through processes of special-interest lobbying, policy planning and candidate selection. It is written not to promote any political ideology, but to analyze our society with accuracy.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Our Constitution

Our Constitution

Author: Donald A. Ritchie

Publisher: Oxford University Press, USA

Published: 2006

Total Pages: 264

ISBN-13:

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WHY WAS THE CONSTITUTION NECESSARY?--WHAT KIND OF GOVERNMENT DID THE CONSTITUTION CREATE?--HOW IS THE CONSTITUTION INTERPRETED?