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Wednesday, November 7, 2012

The U.S. Constitution

The power structure that the Framers substantial was one that was balanced, and this balance in itself indicated institutional methods for weighing differences and for decision a median course. The conception of liberty and the conception of nicety are fused, upholding the belief that freedom should not be curtailed merely when absolutely necessary for the greater good, for the protection of the freedom of the absolute majority.

At the same time, the majority does not fuck off unlimited power. The establishment developed by the framers is not a strict democracy except a re openan do work which seeks to protect the minority from a authoritarianism of the majority. The Bill of Rights is in fact a statement of principles that are not to be curtailed even if the majority wants to do so. The Constitution not only provides the form of administration but also codifies certain principles and makes render for enforcement and adjudication of differences over those principles. These principles as a consequence remain in force today in spite of shifts in the public consensus over time. It is constantly possible to amend the Constitution and to change those principles, but the parade for doing so is deliberately difficult in order to avoid making the country, and any minority within the country, hostage to the vagaries of public opinion. The Supreme Court is a vital institution just because it serves as the final arbiter for balancing competing interests and for protecting the minority--even a minority of


Balance was want not only between the federal and state governments but also within the federal government itself. Separation of powers was the provision placing different governmental powers in the three branches of government--the executive, legislative, and judicial branches. This detachment of powers is part of the formation of checks and balances cited by Thomas Jefferson:

The proposed Constitution because is in strictness neither a national nor a federal constitution; but a composition of both. (Pole, 1987, p. 203)

The intrinsic form of the sweet government would be a commonwealth, as supported by the Federalist position. There were specific problems facing the new republican government that had not been solved in Europe.
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capital of Wisconsin pointed out that Americans found a way of applying a republic to an extended territory, and he also noted that the elaborate system of representation in the Constitution would do two intrinsic tasks:

They were unconvinced by the rather lame Federalist arguments that individual rights were saved by the state constitutions, that the new government could never impinge on the liberties of the individual, or that a bill of rights might in reality weaken the federal government and thus impair the really protections which it had the power to bestow. (Pole, 1987, pp. 17-18)

I say, then, that individual men, and especially princes, may be charged with the same defects of which writers accuse the people; for whoever is not controlled by laws will commit the same errors as an unbridled multitude. (Ball & Dagger, 1991, p. 29)

one--from the tyranny of the majority. The Framers developed a system both flexible and resistive to abrupt change.

At the same time, the majority does not have unlimited power. The government developed by the framers is not a strict democracy but a republican form which seeks to protect the minority from a tyranny of the majority. The Bill of Rights is in fact a statement of principles that are n
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