Sample Law Paper on The US Constitution

The US Constitution

Introduction

All countries in the world have a Constitution. It may either be written or just embodied in one document basing on the precedents and customs in judicial decisions and statutes (unwritten). The important thing is that it highlights the fundamental principles upon which a state or country is collectively governed. This research will, however, confine itself to the Constitution of one country: The United States. It will evaluate how it compares with that of Pennsylvania (PA) and the extent to which each of them protects civil rights. It will also discuss the most critical US Constitutional Rights and put forward Federalist’s and Antifederalist’s arguments concerning the ratification of the US constitution.

#a

The US constitution is similar to the PA constitution in many ways. However, the two are also dissimilar in a dozen other ways. For instance, both constitutions strongly inhibit the trading of slaves and provide for two legislative chambers (bicameral legislature). Both of them also have an almost similar procedure of electing Representatives, that is, for two-year terms. Both constitutions were also adopted in nearly the same period with that of Pennsylvania being adopted in 1776 and that of the United States being adopted in 1787 (Da Silva 279). The PA constitution has 11 articles while the US constitution has seven sections but they all address three arms of government (Executive, Legislature, and Judiciary). However, the constitution of the United States does not provide for the re-apportionment of the legislature, pensions of civil servants, protection of the environment, election and appointment of the attorney general, classification of municipalities, delegation of powers, competitive bidding, support for orphans and widows, and registration of land title deeds (Kramer 1350). It does not also clearly outline the procedure for enacting new laws and amending existing ones. The PA constitution is, therefore, more specific and focuses more on the citizens while that of the United States has generalized its provisions.

Also, the US constitution only allows individuals who are more than 36 years to be elected as senators and those more than 25 years to be Representatives in the National Assembly. The PA constitution, on the other hand, states that citizens above 25 years of age can be elected as senators while those more than 21 years can be elected as the Representatives of people in the National Assembly (Kramer 1383). The US constitution does not also provide for a Judicial Conduct Board and judicial administration which means that the right to appeal a case in court is not granted (Da Silva 281). From the above comparison, it is clear that the PA constitution offers greater protection of civil rights. This is good for the Pennsylvanians because, universally, people should have social and political freedom.

#b

There is no doubt that each right spelled out in the constitution of any country is of great importance (Flabbi n.p). However, it is also arguable that some constitutional rights are more significant than others depending on the State in question because, with them, the others can be easily achieved. For the Americans, the fundamental freedom of speech is the most important constitutional right (Crenshaw 14). The old people, however, tend to stress more on the right to have arms for protection and the due process rights because they feel neglected when fundamental processes such as voting do not follow the due process. The young mostly emphasize the protection against extreme punishments and freedom to speak freely (Halbrook n.p). The founding fathers of the US constitution took the freedom of speech as the pivot of the United States’ Bill of Rights (Jürgen 29). Freedom of speech entails the right of citizens to assemble peacefully, express themselves freely without being victimized by the government, and petition their cases freely in court. Americans believe that with this right, they can be able to champion for any other right by talking about it to the relevant body. For example, they can provoke the government to put in place pensions and support orphans and widows through word of mouth.

#c

After a constitution has been drafted, the laws therein have to be validated and confirmed officially by the legislative house (ratification) (Schattschneider np). This is normally done through a voting process in the chambers of the legislature. A heated argument arose between the federalists and the anti-federalists when it was time for the US constitution to be ratified after being drafted in 1787. The Federalists were supporting the ratification. They argued that the move would make the National government stronger and it would, therefore, be able to handle crucial matters that the state governments could not handle even if given the power (Maier np). They referred to crucial matters like fighting the Indians who had inhabited the west of Appalachians. They also argued that a large centralized body would protect people’s rights better than having each state on its own (Schattschneider np). The Antifederalists, on the other hand, were against the ratification arguing that the constitution could not be validated without the Bill of Rights (Maier np). They also debated that tyranny and corruption could be better prevented with power being shared amongst the states (Maier np).

 

Works Cited

Flabbi, Luca. “Gender discrimination estimation in a search model with matching and bargaining.” International Economic Review 51.3 (2010): 745-783.

Crenshaw, Kimberlé Williams, et al. “Introduction.” Words That Wound. Routledge, 2018. 1-15.

Da Silva, Virgilio Afonso. “Comparing the incommensurable: Constitutional principles, balancing and rational decision.” Oxford Journal of Legal Studies 31.2 (2011): 273-301.

Halbrook, Stephen P. That every man be armed: The evolution of a constitutional right. UNM Press, 2013.

Jürgen, Habermas. “Constitutional democracy: a paradoxical union of contradictory principles?.” Theoretical and Empirical Studies of Rights. Routledge, 2017. 29-44.

Kramer, Paul A. “Power and connection: Imperial histories of the United States in the world.” The American Historical Review 116.5 (2011): 1348-1391.

Maier, Pauline. Ratification: the people debate the Constitution, 1787-1788. Simon and Schuster, 2010.

Schattschneider, Elmer. Party government: American government in action. Routledge, 2017.