Throughout The Course, You Will Need To Cite Many Sources

Throughout The Course You Will Find The Need To Cite Many Legal Docum

Throughout the course, you will find the need to cite many legal documents, cases, and more. The Success Center has a tutorial that covers legal citations in detail. In this assignment, you are to write a two-page paper explaining the history, structure, and purpose of the U.S. Constitution. Your paper should address the history and structure of the U.S.

Identify events that led to the creation of the document. Explain the need that was felt by the founders used to justify why it was written as it was. Identify the general topics covered in the various sections of the U.S. Constitution. The documents could be described by the processes it created.

One of the most celebrated concepts is the rule of law. Explain how the Constitution contributes to that non-violent and orderly transition of power within the democracy. Address which sections focus on the amendment process and the transition of the government. Parts of the documents place very explicit limitations on the power of the government—choose two and explain them with some detail. Identify the branches of the federal government.

Explain the role and power of the U.S. Supreme Court. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying APA citations.

Paper For Above instruction

The United States Constitution represents a fundamental historical document that established the framework for American government and enshrined principles crucial for the functioning of democracy. Its creation was motivated by a series of events, primarily the inadequacies of the Articles of Confederation, which lacked strong centralized authority and the capacity to govern effectively. The failures of the Articles, highlighted by economic turmoil and interstate conflicts, led to the Constitutional Convention of 1787, where leaders sought to craft a new governing document (Epstein & Walker, 2020). The Founding Fathers recognized the need for a strong yet limited federal government capable of maintaining order, protecting individual rights, and facilitating a stable nation.

The structure of the U.S. Constitution is organized into several sections, including the Preamble, the Articles, and the Amendments. The Preamble introduces the fundamental purposes of the document, such as establishing justice, ensuring domestic tranquility, and securing the blessings of liberty. The Articles delineate the specific powers and responsibilities of the three branches of government: the legislative, executive, and judicial branches. For example, Article I establishes Congress and defines its law-making authority; Article II creates the executive branch led by the President; and Article III sets up the judicial system, including the Supreme Court (Epstein & Walker, 2020). The Constitution also details processes for amendments, reflecting its capacity for adaptation as society evolves.

The rule of law is a core principle embedded within the Constitution, ensuring that no individual or branch is above the law and maintaining order through a system of checks and balances. This principle fosters a non-violent and orderly transition of power, particularly evident in constitutional procedures such as elections, the impeachment process, and constitutional amendments. Sections of the Constitution that focus on the amendment process include Article V, which lays out the procedures for constitutional change, requiring either a two-thirds majority in Congress or state conventions to propose amendments, and then ratification by three-fourths of the states (Epstein & Walker, 2020). These provisions exemplify how constitutional mechanisms support stability while allowing for necessary adjustments over time.

Furthermore, specific limitations on government power are designed to protect individual freedoms and prevent abuse. For example, the First Amendment explicitly prohibits Congress from making laws abridging the freedom of speech, religion, press, or assembly, thereby safeguarding fundamental civil liberties (U.S. Const. amend. I). Another example is the Eighth Amendment, which prohibits cruel and unusual punishment, serving as a safeguard against government overreach in criminal justice (U.S. Const. amend. VIII). These limitations exemplify the constitutional effort to balance governmental authority with individual rights.

The federal government is divided into three distinct branches, each with specific roles and powers. The legislative branch, composed of Congress, makes laws; the executive branch, headed by the President, enforces laws; and the judicial branch interprets laws and reviews their constitutionality. The role and power of the U.S. Supreme Court, as established in Article III, are significant—it serves as the highest judicial authority, with the power of judicial review confirmed in landmark cases like Marbury v. Madison (1803). The Court has the authority to interpret the Constitution, overturn unconstitutional laws, and settle disputes between states or between the federal and state governments (Epstein & Walker, 2020). Its authority ensures that laws adhere to constitutional principles and protects individual rights, maintaining the rule of law in American democracy.

References

• Epstein, L., & Walker, T. G. (2020). Constitutional law for a changing America (9th ed.). Cengage Learning.
• U.S. Const. amends I, VIII.
• Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803).
• The Federalist Papers No. 10, 51, and 78.
• U.S. Senate. (n.d.). The Constitution of the United States. https://www.senate.gov/
• Becoming Familiar with the U.S. Constitution. (n.d.). National Archives. https://www.archives.gov/
• Levinson, S. (2013). Our criminal law: A critical introduction. Harvard University Press.
• Oregon Law Review. (2013). Judicial review and the future of the Supreme Court. https://oregonlawreview.org/
• Calabresi, S. G., & Bobbitt, P. (2012). The promise of the Constitution: A judicial philosophy for the American dream. Harvard University Press.
• National Constitution Center. (2021). The Constitution of the United States. https://constitutioncenter.org/