Liberals Hate Constitutional Government We should be grateful to Ryan Cooper for acknowledging so forthrightly in The Week what has been obvious to conservatives for a long, long time—liberals really really hate the Constitution, because limited government is an impediment to their endless dreams of ruling over us more completely and fixing every human problem:
Originally published as 7 Okla. For educational use only. The printed edition remains canonical. For citational use please obtain a back issue from www. Introduction Guarantees of individual liberties under federalism have two components: The Constitutional convention essay example of thirty-nine 39 states guarantee a right to arms.
Presently only five states track the language of the second amendment. This article seeks to satisfy this need. In our constitutional system, governments derive their powers from the people.
As John Marshall stated: Under interpretivism, judges deciding constitutional issues should confine themselves to enforcing norms that are stated clearly or implicitly in the written constitution. This article will examine 1 the historical reasons for a right to arms in this nation; 2 the police power as a limit on the right to bear arms; 3 the view of individual right to bear arms versus that right of the people to collectively bear arms; 4 the meaning of the term "arms," and 5 the textual differences of the state constitutions affording citizens the right to bear arms.
The article will conclude with a suggested interpretation based on the textual differences.
Historical Reasons For A Right To Arms The historical reasons for a right to arms are A the preference for a militia over a standing army, B the deterrence of governmental oppression, and C the right of personal defense.
The link between the creation of standing armies and the rise of absolutist governments has ancient roots in English history. The citizen militia is associated with liberty. Blackstone notes "that king Alfred first settled a national militia in this kingdom, and by his prudent discipline made all the subjects of his dominion soldiers Charles II, however, disarmed his enemies by enacting a game act designed to rob the vast majority of Englishmen of their right to own arms,  establishing a standing army, and ordering persons with suspect loyalties to be disarmed and, in some cases, to be imprisoned.
After the flight of James II, William and Mary were invited to ascend to the throne after assenting to a Declaration of Rights, enacted incontaining a list of "undoubted rights and privileges," including "that the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law.
Self-defense is a natural right recognized at common law. The right of self-defence in these cases is founded in the law of nature, and is not, nor can be, superseded by any law of society. For before societies were formed, one may conceive of such a state of things though it is difficult to fix the period when civil societies were formed, I say before societies were formed for mutual defence and preservation, the right of self-defence resided in individuals; it could not reside elsewhere, and since in cases of necessity, individuals incorporated into society cannot resort for protection to the law of the society, that law with great propriety and strict justice considereth them, as still, in that instance, under the protection of the law of nature.
The only defensible policy society can adopt is one that will operate as a sanction against unlawful aggression. The police have no duty to protect the individual citizen,  and the same applies to the state.
One court stated that "there is no constitutional right to be protected by the state against being murdered by criminals or madmen. While generally the legislature may exercise all those powers inherent in the people which are not delegated to another branch of government, the legislature cannot enact laws which will supersede constitutional provisions adopted by the people.
Nevertheless, they balanced the interests p. For example, the colonies were not free from crime. InJohn Billington was hanged by the pilgrims at Plymouth colony for murdering John Newcomen with a blunderbuss. InThomas Hellier was hanged in Westover, Virginia, for hacking three people to death.
Thomas Lutherland was hanged February 23,in New Jersey for murdering John Clark, a boat trader, and stealing his supplies. Alexander White was hanged at Cambridge, Massachusetts, on November 18,for murder and piracy. The task is to harmonize the tension between the police power and a constitutional guarantee.
Accordingly, a textual analysis of the guarantee must focus on to whom the right belongs, what is the purpose or reason of the right, and what arms are protected. The boundaries of the right are established once these issues are defined and delineated.
The police power then cannot breach those boundaries, for "constitutions are not made to create rights in the people, but in recognition of, and in order to preserve them, and that if any are specially enumerated and specially guarded, it is only because they are peculiarly important or peculiarly exposed to invasion.
Collective Right Versus Individual Right Debate The collective right view claims that while all of the people have a right, the individual person has no right.
Brickey struck down a statute which forbade the carrying of a pistol in town in any manner. The Brickey court specifically held that forbidding the carrying of concealed weapons would be a valid regulation of the arms right.
The court also misread Commonwealth v. Murphy upheld a conviction for unauthorized parading by armed men. The Murphy court merely cited Presser v. Illinois,  which involved an unlicensed armed parade, in upholding the conviction.
The Kansas Constitution defines the militia as all able-bodied citizens between twenty-one and forty-five years of age.Oklahoma City University Law Review; State Constitutions and the Right to Keep and Bear Arms, by Robert Dowlut & Janet A.
Knoop. - Constitutional Authority Of The President One of the greatest debates in the short history of the United States was over the proposed Constitution and did not solely take place inside the walls of the Constitutional convention. Between the years and , America had gone from British Colonies protesting against the British Parliament’s Stamp Act, to an independent Nation - Constitutional Convention Essay introduction.
During the Revolutionary War, Colonists wrote the Articles of Confederation, which acted as a set of rules and organized the government. The United States Constitution is the supreme law of the United States. The Constitution, originally comprising seven articles, delineates the national frame of ph-vs.com first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress; the executive, consisting of the.
Our textbook publishing company creates curriculum for teachers & provides interactive textbooks for K by marrying content & technology with interactive experiences. Constitutional Convention Essay Examples Constitutional convention Constitutional convections make particular acts that are allowable under forthright reading of .