Constitutional Law - Rights The Research Proposal

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After that great war, the black soldiers of the very nation that liberated Europe and Asia from murderous dictatorships returned home to social rules that prohibited their sharing water fountains and food services next to the white majority (Nevins & Commager). Civil Rights as a Fundamental Social Value:

Before respectfully issuing my recommendations to the Elders as requested, I would like to outline the most important principles that I believe the history of human societies on earth have made clear in the realm of social rules as pertains to diverse populations. First, the true measure of human society is not how well its most privileged and powerful members live; rather, the true measure of any society is the homogeneity with which all members of society are incorporated into it and the minimization of differences between opportunities available to all persons. Second, government authorities have a legitimate justification and motive for regulating conduct and behavior that directly affects other human beings. Conversely, government authorities have no justification for regulating purely personal matters such as religious choice, sexual preference, or lifestyle, provided only that none of those choices affect others adversely.

Third, if human societies are to benefit from the last millennia of recorded history, and in particular, the unfortunate record of unnecessary human atrocity, they must recognize and establish an affirmative duty to preserve the rights and privileges of all members of society equally.

Respectful Recommendations for the Island of Tagg:

In light of the foregoing, I would first like to express my gratitude for having been solicited by the Elders to assist with perhaps the most important decision in the future history of the Island of Tagg. I am humbled by the opportunity. It is hereby recommended that the Elders draft an constitutional document that outlines the most important elements of moral principles, ethical rules, and formal guidelines to guide future generations in the same manner that modern America is served by its...

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Ideally, that document should address principles, particularly in the area of the relationship between the government and the people of Tagg as well as the fundamental equality of all human beings in every respect capable of being regulated by the state.
Recognizing that circumstances and events in future generations may defy the current imagination, even of the most learned Elders, that document must be crafted broadly enough to be adapted to future societies on this great island without necessitating any changes to it. At the same time, it must be phrased specifically enough to have genuine meaning and effect in all areas that it covers (Dershowitz, 2002). The most fundamental requirement of the future Constitution of Tagg must be the absolute recognition that all members of Tagg society must benefit from the identical rights and privileges as that of all others and that, likewise, all must be held to the same standard of conduct and social obligations. Finally, it is respectfully suggested that the Elders establish a mechanism for authoritative interpretation of the Constitution and that the respective authority of that tribunal always be completely independent of and immune to the authority of the Elders. Only in that way can the Elders of today ensure that the scared constitutional document that they leave to future generations can avoid being usurped by the individual actions of future Elders who might otherwise repeat some of the mistakes detailed in the past history of human beings on earth.

Sources Used in Documents:

References: Dershowitz, A.M. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.

Equiano, O. (1789). The Interesting Narrative of the Life of Olaudah Equiano, or Gustavus Vassa, The African. Written By Himself. London.

Friedman, A. (2005). A History of American Law. New York: Touchstone.

Guttenplan, D. (2001). The Holocaust on Trial. New York: W.W. Norton.

Nevins, J., Commager, H.S. (1992). A Pocket History of the United States.


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