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The Problem with the American Constitution

            In order for us to explore whether or not there is any truth in the above statement we must give an accurate assessment of the fundamental principles of the American constitution outlining its social moral and legal implications. In order for us to do this we must analyse the document from an historical perspective outlining its major strengths and weaknesses whilst providing a critical account of its continuing relevance and enduring status as the supreme legal document in contemporary American society.
             The origins of the American constitution lie in the struggle for independence of the 13 British colonies in the America's. Under British sovereign rule the states had become subjected and confined to laws laid down by the monarchy of England. It is necessary for us to provide a brief analysis of the colonies under British rule, as it was American societies reaction to the harsh nature of the imposed laws under the despotic reign of George 3rd that led to the declaration of independence on July 4th 1776 and ultimately to the creation of the constitution in 1787. Prior to the states gaining independent status the American colonies were dominated by the imperial doctrine of the British Empire and were consequently subject to the subsequent demands of such laws even though they were not for the benefit of the colonists. Laws passed by the British government included those, which imposed Taxation without representation and imposed heavy restrictions on imports and exports. Instead of money collected by the British being inwardly invested throughout the Americas it was dispatched back to Britain. This became a major factor culminating in the eventual rebellion of the colonies, and was a key event in determining the contents of the written constitution that from the outset aimed to implement a government system that was anti monarchical which in turn meant full government accountability, a visible administration and a fracturing of all powers.


Essays Related to The Problem with the American Constitution

1. The United States Constitution: How it Affects us Today

... could not levy or collect taxes. Taxes were, and still are, the best way to pay for the country and the needs of its people. Also, the government couldn't regulate trade. Foreign affairs and commerce were another way to better the United States-economically and politically. Another problem was the failure to enforce the laws under the Articles of Confederation. All of these things affect our lives today. Without ... we've had our foreign affairs helped our chances. Lastly, without the enforcement of the laws, our rights would be violated left and right. In conclusion, the United States ...

  • Word Count: 609
  • Approx Pages: 2
  • Grade Level: High School

2. America and the Articles of Confederation

The American colonists had fought a bitter war in order to achieve their independence from an oppressive British government. Therefore, the Articles of Confederation were drafted in order to ensure that a strong central government would not be a problem. Problems Under the Articles of Confederation The Articles of Confederation created a very weak central government. It required too much in order to govern. The writers of the ... the adoption of the constitution were known as the Antifederalists. Many feared centralized power. Several arguments were voiced repeatedly during the ratification de...

  • Word Count: 681
  • Approx Pages: 3
  • Grade Level: Undergraduate

3. Poking holes in the constitution

... needs to go crazy and arrest everyone who looks like there from the Middle East. These people are American citizens as well. The government wants to take the easy way out, and they think that this is the way to do it. There wrong, this does not follow the American way of life. The constitution, it gives America what other countries do not have. This brings us freedom, and ... the rights to a happy life. Well, what the government is doing is almost taking the constitution out of America ... take care of things out side the nation, in some other nation were the problem is coming from we ...

  • Word Count: 605
  • Approx Pages: 2
  • Grade Level: High School

4. Why I Chose The Patriot Act

... government to unprecedented levels. A big complaint into why we missed 9/11, was the ineptitude and bureaucracy of the federal government. The different federal agencies were so big and inefficient, that they could not coordinate with each other, and the Patriot Act was the answer to this problem. The act also would modernize law enforcement into the 21st century, where cell phones and email are commonplace, having replaced landline phones ... I never thought I would hear in America. After some investigating, I found some American citizens being detained indefinitely under the Patriot A...

  • Word Count: 527
  • Approx Pages: 2

5. AP American History 1987 DBQ

... to effectively solve the problem of slavery. The North felt that the Constitution protected the rights of all men, even slaves. The South, however, believed that it protected their right to do with their property as they saw fit, and to them, slaves were property. Tensions increased even further with the Kansas-Nebraska Act of 1854, and with the Dred Scott decision. The American people were beginning to lose faith in the Constitution and its powers ... free to spread. In this tumultuous time in American history, the Constitution should have been able to put a stop to the sectional argum...

  • Word Count: 904
  • Approx Pages: 4
  • Grade Level: Undergraduate

6. The Living Constitution

... sees fit at that time with very little regard to what the framers of our constitution had in mind. The main question of concern is where does the adaptation and amendments stop. In twenty or thirty years will there be any original constitution left or will it all be what the government of that era sees as best. This is a major problem in the legal systems of our country ... Clinton and George Bush were both probably members of some club/organization that the average American could not get into do to our social status, so is that against constitution. The government is going to have to m...

  • Word Count: 1554
  • Approx Pages: 6
  • Has Bibliography
  • Grade Level: High School

7. UK and us constitution compared

... system of laws, conventions and principles have tended to obscure the definition of the function and powers of the institutions of the state. Secondly, the British constitution's unwritten' or unformalised' nature, as Neville Johnson (1977) has more aptly put it, presents a problem of reference. Up until October 2000 when the Human Rights Act came into effect there existed no written ... body as sovereign' but the law and the constitution. Political culture in the United States is defined as getting laws passed. Dissatisfaction with the system of government is expressed by trying to force...

  • Word Count: 1384
  • Approx Pages: 6
  • Grade Level: Undergraduate

8. Are Drug Tests by Employers Against the United States Constitution?

... employee drug use. My experience with drug testing is in the second person. I know people who have been tested for their jobs but I have never been tested myself. Also, my employer recently implemented a drug policy. What I want to know What I want to know is if random drug tests are against the United States constitution and how big a problem drug use on the job really is. I would ... for Substance Abuse and Mental Health Services Administration. They had many basic facts on drug use on the job in America. SAMSHA did some studies and found that the prevalence of drug use on the job is ...

  • Word Count: 1716
  • Approx Pages: 7
  • Has Bibliography
  • Grade Level: High School

9. The Articles of Confederation

... the hands of the state governments.1 However, the Articles of Confederation had one vast, resounding success - it dealt well with the burning issue of how to apportion the trans-Appalachian western lands. But while the government under the Articles of Confederation succeeded with the frontier lands, they failed tremendously in the area of economic conditions. Having just won the Revolutionary War, the ... the last of the thirteen states to accept the new government, Maryland, ratified the Articles and put the new government into effect.4 The Articles defined the American government until ...

  • Word Count: 1580
  • Approx Pages: 6
  • Has Bibliography
  • Grade Level: Undergraduate

10. The Misunderstandings of the Constitution

... its history. Many Europeans believe the Magna Carta is more sacred, arguing that it has been able to change with the times, but being able to stand the test of time is what makes our Constitution distinct. When looking at all these aspects of misunderstanding the Constitution the problem boils down to one issue: the American people are uneducated when it comes to understanding the principles of the Constitution. John Patrick supports this idea ... in Education on the U.S. Constitution by stating, "Most Americans are exposed to the Constitution at least three times ... ...

  • Word Count: 933
  • Approx Pages: 4
  • Has Bibliography
  • Grade Level: Undergraduate

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