Wednesday, January 28, 2009

Smael's Essay =D

During the summer of 1787, in philly our founding fathers made what is now the oldest national constitution in the world. Together they constructed the framework structure for our government known as the Us constitution. It is a very powerful yet flexible document that is still in use to this day. It has been able to serve so effectively for so long because of the elastic clause bill of rights and the management of balancing, sharing, and limiting powers

The elastic clause allows congress to have the power to create any law that they think is for the common good. This was a wise decision because the founding fathers could not be aware of what laws might be needed in the future. By adding the elastic clause in article 1 section 8 of the constitution they were able to prepare, legally, for americas future. A situation where the elastic clause came in handy was during the McCulloch v. Maryland case. Maryland tried to tax a branch of the Bank of United States, but the power to tax is the power to destroy. John Marshall, judge of the case, sided with McCulloch and because of the Elastic Clause, a law was passed that imposed a tax on the Bank of the United States was unconstitutional and void.

The Bill of Rights are also important to the constitution. They are the first ten ammendmants that protect the rights of individuals. Because of them we are given the freedom of speech, religion, press, assembly, along with many other important rights. Without the bill of rights it would be possible for you to be sentenced to a cruel and unusual punishment for a simple act of stealing a candy bar. The Bill of Rights protects us, and gives us basic rights that are essential to living in America as equals.

Finally our founding fathers found ways to balance, share, and limit powers. With the system of checks and balances the government is able to distribute power fairly. With three branches power is shared and kept under control. The Constitution also shares power between federal and state levels. Although the government holds a lot of power over states, whatever powers they do not have are left for the state. Such decisions as allowing same sex marriages or the death penalty are choices that are left up to the state. It was wise to allow states to make some of their own decisions because if the federal government held all power it is inevitable the people of america would be distraught and angry.

Our founding fathers made smart choices when they were making the constitution. They thought of the present issues, but they also thought of the future and understood that as time progressed changes would need to be made. They made the constitution flexible yet made sure it included all neccesary information. They protected people of america from higher government peoples but gave government necesary power. They understood that if too much power were to be in the hands of one, that it would be too easy for America to be under a dictatorship. It is because of them that our constitution is the oldest national constitution in the world.

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