Author: Eleanor Stratton
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1787 Constitutional Convention
Formation and Purpose of the Constitutional Convention The Articles of Confederation, while providing a semblance of national unity, had significant limitations in the post-Revolutionary War era. Under the Articles, each state acted almost as an independent entity, leading to inefficient governance at the national level. This weak federal setup made it difficult to resolve issues…
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Third Amendment Litigation
Historical Context and Origin During the times leading up to the American Revolutionary War, the British Parliament enacted the Quartering Acts, which required American colonists to provide housing and necessities for British soldiers stationed in America. This imposition was viewed as a violation of personal property and autonomy, exacerbating the already strained relations between Britain…
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13th Amendment & Mass Incarceration
Historical Context of the 13th Amendment The ratification of the 13th Amendment in 1865 marked a pivotal moment in the United States, emerging directly from the tumultuous years of the Civil War, where the divides over slavery threatened to irreparably fracture the nation. Designed to formally abolish slavery, this amendment was born in a climate…
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Fourth Amendment & Surveillance
Historical Context of the Fourth Amendment The Fourth Amendment to the U.S. Constitution was penned in response to severe grievances under British rule regarding privacy violations and unreasonable searches and seizures. This was a period where British authorities utilized "writs of assistance," which effectively served as general search warrants without substantial specifications toward a suspicion…
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19th Amendment Analysis
Origins of the 19th Amendment The Seneca Falls Convention of 1848, led by Elizabeth Cady Stanton and Lucretia Mott, was a pivotal event in the history of women's rights in America. It marked the initial organized push for women's suffrage and challenged existing notions about the social and legal barriers placed on women. The Declaration…
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25th Amendment Usage
Origins and Ratification of the 25th Amendment The assassination of President John F. Kennedy in 1963 exposed a significant gap in the U.S. Constitution regarding presidential succession and incapacity. Kennedy's death underlined the necessity for a formal and consistent process to manage these situations, as previous instances of presidential incapacitation due to health issues had…
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Republic vs Democracy
Defining a Constitutional Republic The United States operates as a constitutional republic, a form of government that involves representatives elected by the people, who execute their duties under the constraints of a prevailing constitution that specifies the powers and limits of government. One fundamental principle of a constitutional republic is the protection of minority rights…
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First Amendment & Social Media
Historical Context of the First Amendment The First Amendment, born from a wariness of tyrannical control, marks a deliberate effort by the Founding Fathers to guarantee an essential human right—free speech. Forged in the crucible of conflict and philosophical debate, this amendment embodies the principals of a nascent democracy fiercely protective of individual liberty. In…
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Unsung Founding Fathers
1. Roger Sherman: The Master of Compromise Roger Sherman distinguished himself as a critical figure at the Constitutional Convention. Known for his ability to forge unanimity among diverse opinions, Sherman devised the Connecticut Compromise, which resolved an impasse between small and large states. This compromise shaped the structure of the U.S. Congress, balancing representation by…
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SCOTUS & Climate Policy
Major Questions Doctrine The Supreme Court's adoption of the Major Questions Doctrine represents a critical pivot in how federal agencies may regulate environmental and other significant policies. The doctrine necessitates clear and explicit congressional authorization for any regulatory actions that carry major economic and political significance. In practice, this means that previous implicit understandings and…