Tuesday, December 1, 2015

Creating the Constitution




Constitutional Convention
Most of the delegates at the CONSTITUTIONAL CONVENTION had already risked being hanged as traitors by the British. No wonder that they worried about their states' reactions to their decision to abandon the ARTICLES OF CONFEDERATION and create a whole new document.
Persuading the states to accept the Constitution was every bit as difficult as they predicted. It took two years for all thirteen states to ratify it. But their product was a blueprint for a new kind of government based on the principles of separation of powers, checks and balances, and federalism.

Separation of Powers
The CONSTITUTION provided for the structure and powers of Congress in ARTICLE I. It created a LEGISLATURE, set qualifications for holding office in each house, and provided for methods of selecting representatives and senators. It carefully enumerated powers, such as regulating interstate commerce and declaring wars. ARTICLE II vested the power to execute laws in a president of the United States. It set the president's term at four years, stated qualifications for office, and provided a mechanism to remove him from office.
The constitutional powers are very modest, but they include commander-in-chief of the armed forces, negotiator of foreign treaties, and appointer of ambassadors, judges, and other "officers of the United States." ARTICLE III established a Supreme Court and defines its jurisdiction. The Founders disagreed on how much power to give the JUDGES, but they ultimately gave judges appointments for life and forbid Congress to lower their salaries while they hold office.
Checks and Balances
The Founders were ever mindful of the dangers of TYRANNICAL GOVERNMENT. So they built a system in which the powers of each branch would be used to check the powers of the other two branches. Additionally, each house of the legislature could check one another. For example, both houses of CONGRESS must vote to enact laws, the president can veto legislation, and the Supreme Court can rule laws unconstitutional. Congress can override presidential vetoes. The president nominates Supreme Court justices, but the Senate can refuse to confirm the nominees. The Congress can impeach and remove the president or a member of the Supreme Court. As a result, a "balance" was created among the three branches.

Wide differences of opinion existed even among the 55 delegates concerning the proper balance between liberty and order. ALEXANDER HAMILTON, for example, valued order more than liberty and supported the creation of a very strong executive. James Madison, influenced by his mentor Thomas Jefferson, conceded that an executive was necessary, but he saw the legislature as the preserver of liberty and an important check on the power of the executive. George Washington's experience as the head of the CONTINENTAL ARMY during the revolution convinced him that the chaotic government needed more structure. Thomas Jefferson did not attend the convention because he was serving as ambassador to France, but his belief that "a little rebellion now and then" was a good thing tilted his balance more toward liberty.
Federalism
ARTICLE IV defined the relationship between the federal government and the states in a system FEDERALISM, which divides the power of government between national and state governments. This federal system was meant to correct the chaos of the country during the Articles of Confederation. However, it was still mindful of the threat of a tyrannical central government. This article included mechanisms for admitting new states to the Union
The relationship between national and state governments was defined in many other parts of the Constitution. For example, Article 1, Section 10 forbids the states to form alliances or enter with foreign countries or to coin their own money. Federalism was further defined in Article VI in which the constitution was declared "the Supreme Law of the Land." This SUPREMACY CLAUSE, as well as the "ELASTIC" CLAUSE (Article I, Section 8) tilts the federalist balance toward national law.
ARTICLE V provides methods of amending the Constitution. Only 27 AMENDMENTS have been added to the constitution since the RATIFICATION in 1789.
The Founders acted boldly in 1787 when they threw out the Articles of Confederation and created the Constitution. The document they created has survived for more than 200 years. The risks that they took resulted in the longest lasting written constitution in world history.



1. What is the purpose of amending the Constitution and when is it appropriate? What other means exist for reaching the goals of a proposed amendment?




2. In the last several years, amendments permitting prayer in public schools, requiring a balanced federal budget, limiting terms of members of Congress, and banning flag burning have been advocated by various groups. Are these amendments necessary? What impact might they have on government and/or on rights guaranteed in other parts of the Constitution?


26 comments:

  1. 1. The purpose of amending the constitution is because over the years society changes. Most people back in the day not that many people would just go out and shoot someone or something like that. So that's why amending the constitution is necessary
    2.in the past several years many things have changed. Some were necessary some however were probably not, but there again I think the main reason a lot of amendments change is because society changes. I think the reason they made the law that no could burn the flag is to show respect to those who serve.
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  2. The reason for amending the constitution is because everything eventually changes over the years so most things that come from the Articles of Confederation aren't going to stick around for very long. The only way that's not true is if there's some land or a treaty involved. It's alright to change it when they don't technically apply to the society that the people are living in.
    Most of these amendments were necessary because of the many different changes in the passed years. The main point is to keep justice and give people who deserve rights their rights. But on the other hand, the reason that the amendments changed was because every thing in the country changes. It seems like every year something new happens that the amendments should cover.

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  3. They amended the constitution because it's definitely not like how it was way back in the day. I mean it was not a bad idea to amend it. The world now is way out of control and people do things that just are ridiculous so you have to have a limit of when you need to be stopped and punished. So yes it was necessary.


    I mean they have changed a lot of different things. A lot needed to be changed just because of the error were in now. But some could have stayed the same. Praying in public schools isn't bad. Flag burning you don't need to be in America if your going to burn your own flag after what our armed forces are doing.

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  4. I believe the constitution should be amended every decade or so. This gives us as Americans time to be able to actually see issues, and maybe if an amendment doesn't work out, we can fix it every few years. This would be very effective as there would be a more consistent change of every ten years, rather than whenever we fell like it.


    I believe that there are certain attempts and amendments that should not have ever existed, such as the ones listed in the question. These are useless and are just people trying to get everyone in America stirred up so they can have their way. I mean, what is wrong with praying in public schools? A right I have as an American is freedom of speech, as well as the freedom to practice whatever religion I want. By putting this amendment in, that is taking away this freedom from me. That shouldn't happen, because our government should realize that this amendment takes away a right I have and they should change it
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  5. The main purpose for amending the constitution was because they had seen so much change, and obviously things did change and are still going to. From watching the video we can see that our constitution needed to be amended and sometimes things need to change.

    The fact that they would stop prayer in public schools isn't exactly freedom. I mean to fire someone for talking about God? That's not right. Considering they amended the constitution for "we the people" and gave us freedom it doesn't make much sense that they would slowly but all of a sudden take it away. However keeping people from burning our flag isn't necessarily a freedom people should have. People fight for our country and we should respect that. (124)

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  6. This weeks blog is about the amendments in the Constitution.

    Personally, I believe that the Constitution was a great idea, and even though it had its flaws, it was mostly good and supported our governments structure. It also replaced the terrible Articles of Confederation, which desperately needed some help. The purpose for amending the Constitution was fairly simple in my opinion. Any government made for the people and by the people is going to gradually change for the people and by the people. This means that because worldly things change, the rules have to change accordingly.
    The rule about public school prayer is an interesting one. I think that it should be allowed for whatever religion you believe, but there shouldn't be any persecution of opposite religions between children. So the rule would have to be considered between schools. Word Count: 142

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  7. Amending the Constitution was a big deal the importance of it though was so that the people could govern their own state a decided themselves who they want in power. But also have rules/laws to help make sure that the separation of power stays equal. The Constitution is a big part of our government and the government helps us a lot. So it is a good this that they created the Constitution.

    I don't feel that these amendments are necessary but I only feel this way because it feels like they are taking away the rights they originally gave us in the first place slowly one by one and these are the rights we were promised. Also I don't really know what effect they would have but I don't feel that it would be very good it would probably effect it in a negative way because some of these amendments effect the people in the government as well. So these few amendments were not the smartest idea but maybe they do help i don't really know this is what I think at lest.

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  8. Amending the Constitution was a very big deal. This meant that your state could govern and stand up for it self. This was a big step up for America, plus along the way as the constitution has stayed with us we have been able to somewhat update it.

    I believe that it is important and necessary for us to be able to amend the constitution. This is so that along the way we could use someone update it. If you were to amend the constitution you need to be perfectly confident and fair while doing it. I will say that some of the amendments are not necessarily the best, but I do know that they were intended to help our government succeed.

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  9. Fixing the constitution was very important in America becoming. What it is today without the amendments we wouldn't have laws about current stuff. But some of the things that the amendments have fixed work things that fixed. But the amendments have fix a lot of faults in the constitution just because I talk to him make sense to some people does not mean it makes sense the rest. The changes mostly have been for the good.

    I feel like with the amendment clause S a lot of trouble in the fact that we don't get to vote so say the law about no crying in public schools I feel like that was a little uncalled for because our Constitution was built off the Bible. And I don't think we should have to pay more money to go to a school just to get Bible I feel like we should be able to pray in public schools so things like that we should be able to vote on as a whole country not just send our lives in 126 word

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  10. They wanted the Constitution to be the best thing written/wanted to cover up the articles of confederation, and how they need to do so was to amend it as possible. The best time to do so, would be when everything is shifting downhill. Once, they amend it it'll be great again. Plus, when the people want more from the government.

    It was somewhat necessary because only certain groups of people did these things. There would be chaos if they didn't have such amendments, or a lot of disobedience. We all need to understand each other and the Constitution and the amendments really pulled us together as equals.

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  11. I think the Constitution was a big deal. I also think that it needs to be changed every decade, so that this will give the states time to see the problems and try to fix them. They also should amend them when the people wants more from the government.
    Well I think that public schools should be able to pray in school without being in trouble. I think the effect it would have on the government is that more people would come to know Christ. There is nothing wrong with people that actually wants a relationship with the Lord. I think that the schools shouldn't be able to burn one another's flag. I don't care if your rivals or not it's something that is apart of that school and it should be left alone. I think the effect that it would have on the government is that a lot of the students that was doing the burning would think that's is unfair, but at the same time reasonable. I don't think the students would understand stand it the quickly but eventually they will.
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  12. 1. The reason amending the constitution would be necessary is because society and the county change over time. The articles of confederation were amended because they were a complete failure even if good and bad things came out of it. The constitution could be amended or change every few decades or so if it needed to be due to changing times And changes are probably the main reason they were changed.
    2. Students are allowed to lead prayer groups but principals of a school can't that's dumb. And that's not an opinion that a fact. We have the right to practice whatever religion we want and also the freedom of speech it is very hypocritical to say a principal can do that in a public school.

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  13. 1) The Constitution is one of the key things in our government. However, it changes very often. It's amended every so often because times change. Some of the things in the Constitution today would be crazy if they were in the Constitution in the 1920's. I don't believe we need to have a set date to amend the Constitution.

    2) I believe that the amendment permitting prayer in public school is a good thing. I mean, this is a country of free religion. It's not taking away others rights so I believe that it should be allowed. I also believe that flag burning shouldn't be allowed. It is showing disrespect to those that fight in our army.

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  14. 1.The reason that the Constitution can be amended is because as our society grows and changes,so do our needs.It is an appropriate time to amend the constitution when the people that they have an important right that is being taken from them,like the amendment to abolish slavery.

    2.Things like amending the Constitution so that prayer is allowed in public schools goes along with one of our rights,religious freedom.Any amendment protecting someone's rights is important and should be made.Sometimes things like laws,rights,and amendments can clash even though they are made for the country's good. (101 words)

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  15. 1. Although the Constitution changes very often, it is key to our government. some things that are mention in the Constitution today would not make any type of since back in that day and age. No, I don't think that there should be a set date to amend the Constitution just because there might be a time when it needs to be amended right then and there and the time had not yet come.
    2. Do I think that have pray in the schools is a good this, yes I think it is a very good thing. It might bring peace to the crime in schools. I think that flag is awful, it is not only polluting the air it is very disrespectful to those who gave up the lives for our country.

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  16. 1. I think it is necessary to amend the constitution when things get out of hand. When people need more laws that can help with every day life. Some of the constitution is or could be dated but there are important to society then and now. The Constitution is important to our government and keeping it stable.
    2. I think that some of the amendments need to be touched up and looked at again. Because some of them are bad and hurt some people. Now most people don't really obey the laws but yeah because they probably feel like they are unfair.
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  17. 1. The purpose of amending the constitution is to make general life better for the people, run the government better, and reduce civil disputes. Usually, an amendment is added, removed, or changed when a major dispute occurs among the Supreme Court.
    2. Some amendments are undoubtedly unneeded, but of course there are still many amendments that positively affect the United States. For example, prayer in school. Why in the world would an amendment be needed for this? I believe that the State or school itself should be able to resolve issues relating to that. Some of these guaranteed rights don’t benefit (almost) everyone and/or have an indifferent effect onto the people.
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  18. 1. I think the Constitution is a great document. The Constitution is a great document because it can change along with our society as needed to because it is essentially a living document document. Also the constitution can change with society without changing from its original basic rights and freedoms for the American people.
    2. These amendments are necessary because they protect our freedoms and rights. They protect the honor of our Armed Forces, and they keep us out of debt with other countries, also they give us the freedom of religion in public schools. Out some of these rights put through these amendments we could not have freedom of religion in public schools and also the government could make us have more debt with other countries around the world. (Word count 130)

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  19. I think it's necessary to amend the constitution because each year the people change in the world. Some people are completely crazy and want to do some crazy things but you always have the good people that are just nice and super sweet. Also the articles of confederation did pretty much nothing because they never got a rule to win it seems like because you had to have a vote from every state.

    2. Many of those amendments were necessary like the right for women to vote. This was very critical back then because everyone wanted to be equal. So after this was passed, both women and men were allowed to vote.


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  20. It is necessary to amend the Amendments when, they have all gone out of control. It is also necessary when they are out of date. Society, beliefs, and systems of government are going to change over the years. The government would fix the amendments to go with the dated government. The limit for amendments are when some have no huge impact on our nation. If it is at law level, make it a law, not an amendment.
    Some of the amendments that have been created, like taking away prayer from school, is not necessary in any way. When the Founding Fathers created the grounds of this nation, they built everything off of the Bible. Taking away a promise that this country has given, takes away the foundation of our country. It could have a huge impact on the nation, because these certain amendments might bring this country down. It might make the people retaliate against the government because they want their religious freedom. 163

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  21. the purpose of the constitution was because the U.S. needed to be unified into one country. the laws that were mentioned are only for the safety and protection of the citizens. an american citizen is someone who was either born in america or does the process to become a citizen. a plus to being a citizen is that citizens participate in decisions; which is why most citizens want to participate by voting. we study the constitution to learn how to become a better citizen and play our roll in the economy.

    i feel like the impact that new laws are making will obviously make a difference on the government because anything new and big like those are gonna make it change and be either better ot worse. i feel that the new laws are both unnecessary and necessary because it depends on the person. but to help the entire U.S., i think they they have to make one person angry to make one happy. its hard to please everyone at once.

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  22. 1. The purpose for amending the Constitution is so that the Constitution can keep up with the changing nation. Different issues occur that could change what the Constitution says every now and then, so the Constitution should be fixed to keep up with those issues and, hopefully, help resolve them a bit.
    2. Most amendments have been necessary, as they help our nation grow and be strong and organized. But many amendments are completely unnecessary and go against the Constitution; one example is banning prayer from public schools. The first Bill of Rights tells us that we have the freedom of religion and a right to practice it. Taking away our right to prayer is taking away some of our rights as Americans.
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  23. 1. What is the purpose of amending the Constitution and when is it appropriate? What other means exist for reaching the goals of a proposed amendment?

    The purpose of amending the Constitution is so that the United States had a way to abide by. They needed set laws to follow for a prosperous government. It was appropriate to amend the constitution at that time because the United States was a wreck. There was no government (unless you count the people who had no power who were called officials), no taxes, no income for the country, and they had just had a rebellion. They needed a change and making and amending the Constitution was it.



    2. In the last several years, amendments permitting prayer in public schools, requiring a balanced federal budget, limiting terms of members of Congress, and banning flag burning have been advocated by various groups. Are these amendments necessary? What impact might they have on government and/or on rights guaranteed in other parts of the Constitution?

    2. Well, I am just going to go through each one and give my personal preference. Permitting prayer in public schools- I believe this amendment was very unnecessary since in fact it takes away the one thing that people came to America in the first place for which was freedom of religion and speech. They pretty much just broke a very well set law. Balanced federal budget- I personal think we needed this since our government is in trillions and trillions of debt. We're still in deep deep deep debt so it has so far been somewhat useless in my opinion. Limiting terms of members of Congress- Honestly, I'm no very political considering I'm only 14 so I do not know much about Congress and the problems with them serving to many terms. I think it is probably a good thing so one does not thing to gain more power then intended just by having more time at the job. Banning flag burning have been advocated by various groups- First, advocate- publicly recommend or support. Was not to sure about that definition. Well I'm not to sure about this one because it's kind of a tradition so to speak that if you drop an American flag that you would have to burn it or do way with it. I think this amendment was very unnecessary and all it did was take up room for more actually critical enforcements to go on there.


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  24. 1. I think that the Constitution was a great idea and also it was a very big deal. The purpose of amending the Constitution was because it was intended to be a living document. It was typically amended to express the purposes of Congress.
    2. In my opinion, I think that some of these are necessary but others not so much. I do not think praying in public schools is bad. Everyone has the right to pray anywhere. Burning the American Flag has go to be one of the worst things to do. Burning the flag is just like saying you hate America and your not thankful for what veterans and troops have done for our country to keep us safe. .

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  25. I personally believe that the constitution was an amazing and great idea. Yet, it is a major deal to our lives and our government today. The constitution was sparely meant to be a living document for us to use forever. I believe that the purpose of amending the constitution is so that we can somewhat "update" it as we progress as a country.

    Some amendments made today are necessary for our safety and protection. However, some amendments made today are just bogus. Like we can't pray in public schools... We have the right to pray ANYWHERE! But... Burning the flag.. That's the ABSOLUTE worst. I personally believe that anyone who burns a flag should be put in jail for a LONG time.

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