Author: Eleanor Stratton
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Constitutional Protection of Rights
Foundations of Individual Rights in the Constitution The American Constitution contains several key provisions aimed at protecting individual rights. Initially, the founders did not include a Bill of Rights, believing that the structure they created, with a balanced distribution of power, would be sufficient to curb any potential overreach. However, some framers argued that explicitly…
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Top Supreme Court Cases on the Bill of Rights
1. Marbury v. Madison (1803) Marbury v. Madison (1803) significantly shaped American constitutional law. Chief Justice John Marshall presided over the case, which established the Supreme Court's authority to review acts of Congress and determine their constitutionality through judicial review. The case arose when William Marbury petitioned for a writ of mandamus, compelling Secretary of…
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Enlightenment’s Impact on U.S. Democracy
Enlightenment Thinkers and Their Core Ideas John Locke, often credited as the father of modern republican government, had a profound impact on the American Founding Fathers. Locke's theory of natural rights argued that every individual is entitled to life, liberty, and property, principles woven into the Declaration of Independence. He proposed that a legitimate government…
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Federalists vs. Anti-Federalists
Origins and Key Figures The Federalists, led by Alexander Hamilton, James Madison, and John Jay, advocated for a strong national government through the Constitution. They believed centralized power would effectively bind the states, fostering unity and stability. Opposing them were the Anti-Federalists, including Patrick Henry and George Mason, who feared that such power would undermine…
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Anti-Federalists: Liberty or Obstacle?
Origins and Ideological Foundations The Anti-Federalists emerged from a distinct historical context, preferring localized government and fearing a strong central authority would trample individual liberties. This fear wasn't unfounded, given their experience with British rule. They saw the proposed Constitution as potentially replicating such tyranny. One main concern was the power given to the national…
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Natural Law in American Government
Foundations of Natural Law Natural law is the cornerstone behind the formation of American government. This concept has roots that stretch back to ancient philosophical traditions, having been elaborated upon by key thinkers. Thomas Aquinas, the medieval philosopher and theologian, saw natural law as part of a larger framework called "eternal law." Eternal law was…
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Federalist Papers and the Constitution
During the late 1780s, the United States faced significant challenges with its initial governing framework, the Articles of Confederation. These issues prompted the creation of the Federalist Papers, a series of essays aimed at advocating for a stronger central government under the newly proposed Constitution. This article will examine the purpose, key arguments, and lasting…
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Founders’ Vision of Religious Freedom
Religious Beliefs of the Founding Fathers The American founding era encompassed a vast spectrum of religious beliefs, reflecting the diversity of the population itself. Approximately 98% of Americans of European descent identified with Protestantism, predominantly adhering to the reformed theological tradition. This demographic shaped the religious landscape the Founding Fathers traversed. Thomas Jefferson's beliefs straddled…
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Enlightenment Ideas in the Constitution
1. Natural Rights Natural Rights, a foundational concept inspired by John Locke, is deeply embedded in the Constitution. Locke's theory posits that all individuals inherently possess certain rights—life, liberty, and property. These rights aren't granted by governments but are inherent to human existence. Consequently, the primary role of the government is to protect these rights…
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Revolutionary War Veterans’ Impact on Constitution
Veterans' Influence on Constitutional Framework The Constitutional Convention assembled numerous Revolutionary War veterans who significantly contributed to the creation of the nation's founding document. These individuals, well-acquainted with the difficulties of wartime leadership and the shortcomings of the Articles of Confederation, provided invaluable personal and military perspectives to the debates. George Washington, the Convention's chair,…