Where Did the Constitution Come From Term Paper

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Competency 1

Historical problems were managed in the evolution of the U.S. Constitution through the working out of the system of rights that the states would have vs. the rights that would belong to the federal government. In the early days, it was very much a battle between those who wanted a strong central government (the Federalists) and those who wanted strong states (the Anti-Federalists). The Federalists were led by men like Alexander Hamilton, who wrote many of the Federalist Papers and warned Americans that if they did not adopt the Constitution, their nation would tear itself apart from the inside out; it would get involved in all kinds of foreign wars, and it would never be safe. The Anti-Federalists argued that a strong central government would quickly lead to a tyranny just like that which the Revolutionaries had opposed in the War for Independence. In the end the Federalists won out, the Bill of Rights was ratified and the Constitution was embraced.

The historical problems that were managed in the Constitution included who had the right to bear arms, the right of habeas corpus, the right of due process, the right to be protected against undue searches and seizures, the right to counsel, the right to assemble, and the right to free speech. In short the Constitution focused mainly on ensuring that the liberties so valued by the Americans were protected by law—though Hamilton certainly won a solid victory for the federal government when he got the majority of the new nation to accept the Constitution which subtly opened the door for exactly the type of power grab that the Anti-Federalists feared would come to pass.

The importance of this learning is that it helps to keep perspective on the nation’s history and where the rights and laws that are on the books come from. The culture and philosophy that gave birth to the present culture and laws of the nation need to be known so that they can be better understood. When people know where they came from, they can have a better idea of where they are going in the future.

The application of this learning in a career context is that in the case of criminal justice, it helps one to better be able to interpret the laws and the spirit of the law as they were intended by the Founding Fathers. Knowing how the Constitution addressed historical problems regarding rights, life, liberty and the pursuit of happiness, a person with a career in criminal justice has a better perspective on his field in general and will be better conditioned to make good choices when it comes to acting in his capacity in the law, whether it is as a prosecutor, a defender, a judge, a law enforcement officer, and so on.

Competency 2

There are three branches of government in the U.S.—the executive, the legislative, and the judicial. The executive branch is responsible for executing the law: it includes everyone from the President to the law enforcement agents that enforce the law. The legislative branch is responsible for writing the law: it includes the Congressmen who draft and vote on bills that will be codified into law. The judicial branch is responsible for judging cases according to the law. If a person is arrested, the judicial branch hears the case; or if a law is deemed unjust, this branch decides the matter: it includes judges, prosecutors, and defenders.

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The Bill of Rights consists of the first 10 amendments to the Constitution and while the Bill of Rights does not explicitly separate the government into three separate branches, it is implied that the government should consist of these three separate parts which are to serve one another and the people through a system of checks and balances.

This system was more clearly explained in the Federalist Papers, which were written to help justify to the Americans why the Bill of Rights should be ratified in the Constitution. James Madison wrote in Federalist No. 51 that without a system of checks and balances by having three branches of government, the nation would inevitably drift into tyranny—thus three distinct branches were needed: “The accumulation of all powers, legislative, executive and judicial in the same hands, whether of one, a few, or many, and whether hereditary, self–appointed, or elective, may justly be pronounced the very definition of tyranny” (Madison, Federalist No. 51, 1788). This argument was based on the ideas promulgated by John Locke and Montesquieu, both of whom argued for a separation of the powers in the 18th century (Separation of Powers with Checks and Balances, 2018). The Bill of Rights was written with this separation in mind, though it is not explicitly made in the document itself.

This learning is important because it explains why our government is set up the way it is. Without understanding how the different branches work to balance out the system, one may make the mistake of thinking any one branch is more powerful than the other. The division was created in order to ensure that each part was equal. This helps to guarantee that tyranny of government will never exist—at least in theory.

The application of this knowledge is important because in the criminal justice system, one has to guard against the assumption of too much power. Whether one is drafting the laws, judging or interpreting the laws, or enforcing the laws, one has to remember that one himself is not the law nor is he above the law. The separate branches help to keep members of the criminal justice system humble, which is a necessary quality in this field: without humility the system will not work (Bazelon, 1975; Randa, 1997).

Competency 3

The substantive and procedural interpretations of individual freedoms based on case analysis are routinely made in today’s criminal justice system. Substantive due process for instance helps to protect defendants from unjust or unreasonable government force, from tyranny, and from a violation of their unalienable rights, as defined by the Constitution. Procedural interpretation of individual freedoms are seen when defendants are actually given the opportunity to state their case and defend themselves in a court of law. Cases throughout American history have been heard to help define these substantive and procedural interpretations. They include cases like Blockburger v. United States,….....

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