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¶ … Constitution provides depicts what is necessary to amend the Constitution. Either two-thirds of both Houses of the Congress, or an application by the legislatures of two-thirds of the several States, can call for a convention proposing amendments to the constitution. Ratification requires that the Legislatures of three fourths of the several states or Constitutional conventions in three-fourths of the states approving the ratification of those amendments. Therefore, the Founding Fathers simultaneously ensured that the Constitution would be a living document, while also taking steps to preserve the Constitution and make it somewhat invulnerable to the changing whims of people.
The Founding Fathers appear to have had some trepidation about the idea of changing the Constitution. After all, the Constitution was the result of literally years of debate. It was not the first document to govern the former colonies after gaining independence from Great Britain, and the first system proved untenable. It was through extensive study, thought, and debate that they came to the ideals in the Constitution. They were committed to the idea that these ideals were the best ones to ensure a representative democracy. On the other hand, they were also strongly committed to the idea of self-government, and strongly believed that people should have the flexibility to change the terms of their governing document, as long as it was in a way that would protect the rights of minorities.
For the most part, this system of constitutional change has proven successful. However,...
In fact, had the Civil War not occurred and the Southern states' government not been impacted in the Reconstruction period, it seems unlikely that the 13th-15th Amendments ever would have been added.
Marbury v. Madison (1803)
Marbury v. Madison is a fascinating case. It literally changed the face of American jurisprudence, and its impact may have expanded the power of the Supreme Court far beyond what the Founding Fathers envisioned when writing the Constitution. The underlying dispute was a relatively simple one. President John Adams appointed William Marbury as Justice of the Peace for the District of Columbia, but Marbury's commission was not delivered. Marbury then petitioned the Supreme Court in an effort to force Secretary of State James Madison to deliver the commission. The Court did not even consider the merits of Marbury's petition. Instead, the Court held that the Judiciary Act of 1789, which was the underlying Act allowing Marbury to bring his claim before the Supreme Court, was unconstitutional since it extended the Court's original jurisdiction beyond the jurisdiction given to the Court under Article III in the Constitution.
At first blush, the Court's decision seems to be aimed at limiting the Court's power. After all, the immediate impact of the decision was to limit the Court's original jurisdiction to the boundaries contained in the Constitution. However, the decision actually…
Texas v. Johnson (1989)
In Texas v. Johnson, the Court took a significant, but very controversial, step to protect the freedom of speech in the United States. The underlying facts of the case are problematic for many people, and the case made it clear that First Amendment guarantees are meaningless unless they protect those whose views are repugnant to the majority of Americans. Gregory Johnson participated in a political demonstration during the 1984 Republican National Convention in Dallas. During that demonstration, he poured kerosene on and burned a stolen United States flag. He was charged with and convicted of desecration of a venerated object, a Texas statute aimed at preventing just such actions. Johnson's position was that burning the flag was symbolic speech and that, as such, it had First Amendment protections. The State of Texas' position was that it had an interest in preserving the flag as a symbol of national unity and maintaining order, and that both of those interests were more important than Johnson's free speech rights. The Texas Court of Criminal Appeals agreed with Johnson's position and overturned his conviction. The State of Texas then asked for the Supreme Court to review the case.
The Court agreed with the reasoning of the Texas Court of Criminal Appeals. First, it concluded that burning the flag constituted expressive conduct, which made it symbolic speech and brought it under the protection of the First Amendment. The protection of free speech is not limited to the spoken or written word, and the Court had a history of protecting symbolic speech. While determining whether an activity is considered speech may be fact-specific, the facts in the case made it clear that Johnson burned the flag as an act of communication. Moreover, it was an act of political communication, and political speech receives one of the highest degrees of protection under the First Amendment. Texas' desire to create a feeling of unity among its citizens was not a compelling state interest, and burning the flag did not create any type of danger. Therefore, Johnson's activity was protected. Of course, the irony is that, had he been in another country, he would not have had the freedom to protest the country in the same manner that he had in the United States.
In "Piaf," Pam Gems provides a view into the life of the great French singer and arguably the greatest singer of her generation -- Edith Piaf. (Fildier and Primack, 1981), the slices that the playwright provides, more than adequately trace her life. Edith was born a waif on the streets of Paris (literally under a lamp-post). Abandoned by her parents -- a drunken street singer for a mother and a
Ginsberg, Lowi, Weir, Spitzer identify ongoing conflicts American politics a debate included "We People." Definitions of Americans There is little doubt that contemporary conceptions of who is and what makes an American have changed considerably from their origins during the initial founding of the United States. In fact, these changing definition are frequently a point of contention within both historical and modern politics, as an analysis of We The People: An Introduction
United States of America has faced numerous issues with dress codes of students particularly in its public schools. School boards have shown concern regarding violence, discipline or lewd behavior resulting from certain items of clothing. Some have proved the connection of clothing to disturbing behavior. Some schools ban certain items of apparel such as bandanas, tank tops, halter tops, torn clothing, baggy pants, etc. while some school boards have adopted
Alcohol Prohibition lead to crime? Prohibition is an awful flo We like it. It can't stop what it's meant to stop. We like it. It's left a trail of graft and slime, It don't prohibit worth a dime, It's filled our land with vice and crime. Nevertheless, we're for it." The national prohibition of alcohol in the United States did the exact opposite of what it was designed to do. Instead of producing "clean living," alcohol-free Americans as
Health Concept The Concept HEALTH Summarizing knowledge concept health identifying gaps knowledge. Based readings, literature find helpful, prepare a paper describes evaluates current level knowledge, approaches concept health significant discipline nursing The Concept of Health Many efforts have been put across towards achieving a common understanding on the concept of health (Roden & Jarvis, 2012). Despite these efforts, more profound controversies loom over achieving a desirable universal understanding on the concept of health
ROCHIN V. CALIFORNIA Summary of the Facts - On the morning of July 1, 1949, three deputy sheriffs from Los Angeles County believed that Rochin was selling narcotics. The sheriffs found Rochin's door open, and entered the premises in which he lived with his mother, common-law wife, and siblings. When the officers forced open the second floor door (Rochin's room) they found him sitting partially undressed on the side of