The Concepts And Ideals Of Constitutional Order Essay
The Concepts And Ideals Of Constitutional Order Essay
Hello, in this essay : The public policy area of my interest in research is : Criminal Justice System- Violent Criminals and punishment (Policy to reduce the high rate of recidivism among violent criminals without parole supervision). Assignment should be 10 pages in length, written in the current Turabian format. Include citations from one or more relevant primary sources Course reading textbooks : Hamburger: Chapters 5-7 Also (books from at least six additional secondary sources university or academic presses, or peer-reviewed articles from journals in relevant disciplines). Must be plagiarism free. Must have bibliographical citations less than 5 years (2017-2022) except the assigned readings. Check for client’s upload for a more detail instructions for this assignment. Thank you
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Analytical Paper. Original Intent Paper
The American Constitution is one of the longest written government charters and is being followed. After it was written in 1787, the Constitution started operating in 1789, with the founding fathers expressing their objectivity for the sake of American citizens.[1] The Constitution’s slogan “We the People” indicates that the founding fathers needed future governments to ensure they served the citizens at all costs. Initially, the first 13 states that began to utilize the Constitution had various conflicts. Also, considering that the central government was too reliant on the states for funding, it would become impossible to make an objective ruling, thus needing a supreme power that would not paralyze the function of the central government.[2] Hence, the journey toward creating the United States constitution began after the Philadelphia convention. However, despite the country having such supreme power, America still faces various conflicts when trying to interpret the laws. Initially, the laws are always put in place to correct the issues that affect the American people by ensuring their rights are protected from people, organizations, or governments that may have ill motives towards them The Concepts And Ideals Of Constitutional Order Essay.
The interpretation of the American constitution initially engaged some cultural influences that involved British Protestantism and Enlightenment rationalism to engender any interpretation suspicion. That was in contrast to the rich usage of English Common law interpretation, which would offer hermeneutical suggestions and provide conflicting interpretations.[3] As America continued looking for a consensus that would help provide a proper approach toward constitution interpretation, it was noted that the main issue arose from political struggles between Republicans and the Federalists during John Adam’s administration. For the Republicans, the aim to have a constitution that would abide by the laws of the sovereign states in America was not only an intellectual appeal, but it was a way of controlling the federal government system. Therefore, the substantive constitution nature conception would be justified through the extratextual source, the Original Intent, when interpreting the constitution. Therefore, through the Republican’s constitution theory, America gained a popular property compared to all other attempts to make a constitution in America after the Republicans triumphed in the 1800 elections.[4] Therefore, when evaluating the contemporary internationalists concerning their engagement of the original intent, the strategy can be defined as an interpretive strategy relating to the American constitutional discourse.
Hence, the founders of the American Constitution were more concerned with giving the American future generation a more concrete framework that would be their guide and which would serve each American justly. Hence, for over 200 years, the American government, with its 50 states since the latest to join the United States unions were Hawaii and Alaska, has been ensuring that there is the promotion of the vision of the founding fathers concerning the country’s Constitution.[5] However, the main issue has been how to interpret the Constitution since the competing views have been part of the greatest debate. That is because various interpretations have been used and are continually shaping America’s position as a country today. Also, any interpretation of the American Constitution greatly influences the American government and its legal system. Therefore, it is essential to fathom the different views concerning the American Constitution fully The Concepts And Ideals Of Constitutional Order Essay.
The founding fathers’ original intent was to ensure that all United States citizens were privileged to be protected by law.[6] My policy area of interest, the criminal justice system- violent criminals and punishment- has also been influenced by different constitutional interpretations, especially in policymaking and court decisions. The overview of the criminal justice system is that it consists of various private and governmental agencies network that try to maintain law and order while managing the convicted and accused criminals. These agencies are interdependent, including the law enforcement team comprising police officers, the judiciary, prisons, and correction agencies. The police officers must ensure that they follow the law when arresting suspects and maintaining law and order The Concepts And Ideals Of Constitutional Order Essay.
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On the other hand, the judiciary comprising judges is always expected to provide a final verdict concerning the suspects using objectivity through the evidence presented by the prosecutors and the police officers. At the same time, the correction and prison centers must treat the criminals with justice since they are also protected by law. All these criminal justice pillars are essential since they are all fashioned to ensure that they support the legal justice ideals.[7] Legal justice comprises forging individuals’ rights while protecting these rights by all means using due process. The American citizens cannot gain this constitutional entitlement without abiding by the professional commitments of individuals working within the criminal justice sector. Also, the professionals are required to ensure that they are submissive to the ethical principles that the criminal justice system outlines, inclusive of engaging in integrity. The criminal justice department outlines all these factors to ensure that professional ethics such as accountability, trustworthiness, and competence align with the constitutional requirements.
The Constitution presents the Bill of Rights as the ultimate and essential factor whose main aim was to ensure that others respect all American citizens’ basic rights.[8]. The Bill had ten amendments initially, but later, seventeen more were added to the Constitution. Some of these additional Bill of rights had a major role within the criminal justice department, especially the 4th, 5th, 6th, 8th, and 14th amendments.[9] All these amendments were meant to prevent treating people unfairly, especially after they have been suspected or arrested for crimes. For any amendment to occur, scholars must conduct research concerning a certain area to ensure that the Bill presented before the policymakers align with the Constitution and will benefit the American citizens. At the moment, different bills concerning criminal justice processes have been presented to the local, state, and federal levels to reduce criminal activities in the country The Concepts And Ideals Of Constitutional Order Essay.
One of the Bill concerning criminal justice that is yet to be passed is the 2021 Act on Prison Camera Reform which was introduced before the committee on 29th September 2021, passed by the Senate on 20th October 2021, and is currently awaiting approval in the House committee.[10] Such a bill will be necessary to ensure that the Prisons Bureau addresses any deficiencies, especially in upgrading radio systems and the security camera within the prisons to promote inmates’ and employees’ safety and health. These amendments are essential to ensure that they protect the lives of the inmates and employees fully. That is because, through the security cameras and the radio systems, it will be easy to identify any oppression executed towards the prisoners or the prison employees. Therefore, the Bill is positive since it protects the employees’ and prisoners’ safety from being mistreated by the prison officers. In the past, most prisoners were mistreated in prisons, where some even succumbed to death. Moreover, when cameras are not working, the prison employees may be at risk considering that most dangerous and violent criminals are in the prison environment.
Currently, the policy area of concern is the reduction of recidivism rates without parole supervision. An increase in violent crimes may paralyze the functioning of American society. That is because the current laws have not defined an effective way to curb violence. Initially, the Constitution requires the criminal justice system to release the criminals once they have completed their punishment period. However, due to the increased recidivism rates, the criminal justice system has had to trouble re-arresting violent criminals.[11] Re-arrest has to follow due law from the police arresting the criminals to the court giving their judgment. Therefore, there will be a need to ensure that more policies on recidivism are put in place and those that align with the American Constitution. That is because the current policies like incapacitation may sometimes seem to go against the will of the founding fathers since even violent criminals have a right to live and be protected by the law. In addition, the incapacitation law may vary with states since it involves denying the culprits a right to live within the society that they may cause harm.
On the other hand, the other policy is the incarceration policy which confines criminals within the prisons until they change. However, there will be a need to engage in a more effective policy to reduce recidivism without parole. Therefore, there will be a need to engage in evidence-based research to ensure that before the policy is presented to the policymakers, it will effectively reduce the case of recidivism. In addition, the policy will align more with the 14th amendment that prohibits any state from denying American citizens the right to equal protection.[12] Also, considering that the 14th amendment provides Americans with constitutional life to property, liberty, and life, the new policy will involve learning the violent criminals’ behaviors to evaluate why they engage in crime and how they can be helped before their prisons release them. That way, the new policy will help ensure that no violent criminal will be subjected to incapacitation or incarceration while ensuring that the re-arrest cases are reduced The Concepts And Ideals Of Constitutional Order Essay.
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After the United States Constitution was initiated, three branches were created to help interpret laws: the executive, legislative, and judiciary. The criminal justice department falls under the judiciary since it is through the collaboration of the United States’ criminal justice systems at local, federal, and state levels that help abide by law and order.[13] Hence, during the constitutional amendments, the three branches were crucial since they helped create bills and laws aligned with the American Constitution. However, one of the conflicts evident within the criminal justice system concerns the ways police officers should handle suspects. For instance, in 1991, a narcotics detective in Los Angeles known as Clayton Searle with a federal drug agent arrested a black man they suspected was a drug courier and who they believed was shipping cocaine. However, after further investigation, it was clear that the man was an ESPN broadcaster named Joe Morgan, who went further to sue Los Angeles city for that false arrest, including his illegal detention, false imprisonment, and emotional distress infliction.[14] According to Morgan, he believed that the main reason that the police agents targeted him was due to his race. However, the reason why Morgan won the case was that the presiding judge believed more in law. Hence, in that case, despite the police agencies working to protect the illegal entry of cocaine, they infringed the 14th amendment that protects all American people, whether by birth or naturalization. Also, that was proof that the American Constitution was not created by the Founding Fathers to favor anyone, including the police officers, when they go against the constitutional requirements. Hence, courts are mainly put in place to interpret the Constitution through judicial review The Concepts And Ideals Of Constitutional Order Essay.
However, the Supreme Court is the ultimate constitutional interpreter within the judicial branch. The court is more of an appellate court since its ruling is needed during special circumstances since they are only answerable to cases originating from lower courts.[15] In some cases, the Supreme Court may require an original jurisdiction that requires that specific case to be heard exclusively by the US Supreme Court. For example, in criminal justice, the Supreme Court in 1906 took a case involving a 19-year Tennessee falsely accused of raping a young girl and later sentenced to death. [16]The reason for such a wrong conviction was because the young girl was white while the boy was black, with the jury being white. The Supreme Court took over the case because, unlike how prisons should aim at protecting the convicted individuals, the particular court allowed the mob to access the jail and dragged the 19-year-old Johnson out and lynched him on a nearby bridge. When the young boy’s rope broke, the young boy got shot, making then-president Theodore Roosevelt order the US attorney to investigate the case. From these orders, William Moody, the US Attorney, filed a petition to charge the involved members of the law enforcement, including the then Sherriff Shipp, 19 leaders, and six deputies, in lynching the young boy, a situation that was indicated to be a Supreme Court contempt. Justices agreed to take the matter to the Supreme Court’s original jurisdiction in such a case. The next process was a case between the United States v. Shipp under the code 203 US 563.[17] A case was intact till 29th June 1907. In Criminal Justice, that was the first time the Supreme Court engaged in a criminal trial. In such a case, the due process of law was bypassed, a factor that was not part of the Constitution’s intention, though, in the modern world, it seems a common factor under judicial review The Concepts And Ideals Of Constitutional Order Essay.
Apart from the original intent that helps interpret the Constitution, the other forms include textualism and the living document. Textualism means that the country should abide by the laws as indicated in the Constitution without changing any part of it. For the living document, the interpretation calls out to Americans to engage in massive changes to the document just like the world is changing.[18] However, the concept of original intent is more close to textualism than it is to the living document interpretation form. Though, the differentiating factor between the original intent and the other two interpretations forms since it upholds the need to engage the founding father’s wisdom during Constitution interpretation. Those supporting the Original Intent interpretation form do not deny that the world is changing. Still, the changes to the Constitution have to abide by what the founding fathers intended. For instance, the policy on reducing recidivism without parole will be more lenient and more focused on protecting violent criminals’ rights even after their punishment.[19] That is because the new policy will reduce the factors that may have led them to be subjected to incarceration or incapacitation after numerous arrests. Most Original Intent critics assert that there is no reasonable way to change a document, thus believing that the most effective interpretation forms of the Constitution are the textualism and the living document forms. The interpretation of the original intent acts as an interpretation center since it takes both the living document and textualism content. That is why its proponents, especially the textualism supporters, aim to involve every aspect of the Constitution to address the modern world without perverting the original intention of the Constitution The Concepts And Ideals Of Constitutional Order Essay.
The original intent main inadequacies projects that not all issues need to follow due process, especially if they reflect an urgent issue. Such instances had happened in the criminal justice system, like when President Theodore Roosevelt required the Supreme Court to take the jurisdiction of the Tennessee boy lynched by the mob under the watch of prison officers. The main reason for that is the slowness of court processes and the amendment processes of various policies. For instance, the 2021 Act on Prison Camera reform, despite being passed by the Senate on 20th October 2021, is still pending in the house to date. As a result, those prisons whose security cameras and phones have defects may never provide the required security to the prisoners and the employees. That is why activities like judicial review are relevant to prevent the Constitution from becoming obsolete and also in ensuring that the Constitution aligns with the new, ever-changing world.
In conclusion, the original intent calls for valid constitutional changes to help the country adjust to the new world. That is why policies like incapacitation, despite infringing the criminal’s right and freedom to choose where to live, on the other hand, the policy help in protecting more people. However, the criminal still has the right to be on American soil except for the prohibited jurisdiction.[20] Despite all these implications, the main question remains how to ensure that any constitutional change will be exactly what the founding fathers intended. Hence, it will be necessary for all original intent interpreters to avoid using a similar route to other Constitutional interpreters as they continue to uphold the originalism of the founding father’s intentions. That is because, of all Americans constitution interpretation forms, the Original Intent acts as the most formidable interpretation form due to its versatility and comprehensiveness in interpreting the successful American. The Concepts And Ideals Of Constitutional Order Essay
Bibliography
Baer, Judith A. Equality under the Constitution: reclaiming the fourteenth amendment. Cornell University Press, 2018.
Gray, David. “Arnold Loewy: Thought Leader, Champion of the Innocent, Prognosticator, Surveillant.” Tex. Tech L. Rev. 52 (2019): 107.
Goldstein, Leslie F. “An Unacknowledged Constitutional Crisis: United States v. Shipp II (1909).” Md. L. Rev. 77 (2017): 200.
Hamburger, Philip A. “Natural rights, natural law, and American constitutions.” Yale LJ 102 (1992): 907.
Hansford, Thomas G., and James F. Spriggs. “The politics of precedent on the US Supreme Court.” In The Politics of Precedent on the US Supreme Court. Princeton University Press, 2018.
Hirsch, Harry N. A theory of liberty: The Constitution and minorities. Vol. 30. Routledge, 2019.
Maggs, Gregory E. “A Guide and Index for Finding Evidence of the Original Meaning of the US Constitution in Early State Constitutions and Declarations of Rights.” NCL Rev. 98 (2019): 779.
Milewski, Melissa. “Reframing Black Southerners’ Experiences in the Courts, 1865–1950.” Law & Social Inquiry 44, no. 4 (2019): 1113-1140.
Sheldon, Charles O., and Stephen L. Wasby. Essentials of the American Constitution: The Supreme Court and the Fundamental Law. Routledge, 2018.
Patel, N., & Agarwal, C. (2021). Prison Rapes and Violence: A Comparative Analysis between USA and India. Issue 6 Int’l JL Mgmt. & Human., 4, 79.
Pierson, Paul, and Eric Schickler. “Madison’s constitution under stress: A developmental analysis of political polarization.” Annual Review of Political Science 23 (2020): 37-58.
[1] Sheldon, Charles O., and Stephen L. Wasby. Essentials of the American Constitution: The Supreme Court and the Fundamental Law. Routledge, 2018. The Concepts And Ideals Of Constitutional Order Essay
[2] Ibid
[3] Maggs, Gregory E. “A Guide and Index for Finding Evidence of the Original Meaning of the US Constitution in Early State Constitutions and Declarations of Rights.” NCL Rev. 98 (2019): 779.
[4] Maggs, Gregory E. “A Guide and Index for Finding Evidence of the Original Meaning of the US Constitution in Early State Constitutions and Declarations of Rights.” NCL Rev. 98 (2019): 779.
[5] Pierson, Paul, and Eric Schickler. “Madison’s constitution under stress: A developmental analysis of political polarization.” Annual Review of Political Science 23 (2020): 37-58.
[6] Hirsch, Harry N. A theory of liberty: The Constitution and minorities. Vol. 30. Routledge, 2019.
[7] Maggs, Gregory E. “A Guide and Index for Finding Evidence of the Original Meaning of the US Constitution in Early State Constitutions and Declarations of Rights.” NCL Rev. 98 (2019): 779.
[8] Sheldon, Charles O., and Stephen L. Wasby. Essentials of the American Constitution: The Supreme Court and the Fundamental Law. Routledge, 2018.
[9] Maggs, Gregory E. “A Guide and Index for Finding Evidence of the Original Meaning of the US Constitution in Early State Constitutions and Declarations of Rights.” NCL Rev. 98 (2019): 779.
[10] Patel, N., & Agarwal, C. (2021). Prison Rapes and Violence: A Comparative Analysis between USA and India. Issue 6 Int’l JL Mgmt. & Human., 4, 79.
[11] Milewski, Melissa. “Reframing Black Southerners’ Experiences in the Courts, 1865–1950.” Law & Social Inquiry 44, no. 4 (2019): 1113-1140.
[12] Baer, Judith A. Equality under the Constitution: reclaiming the fourteenth amendment. Cornell University Press, 2018.
[13] Hamburger, Philip A. “Natural rights, natural law, and American constitutions.” Yale LJ 102 (1992): 907.
[14] Gray, David. “Arnold Loewy: Thought Leader, Champion of the Innocent, Prognosticator, Surveillant.” Tex. Tech L. Rev. 52 (2019): 107.
[15] Hansford, Thomas G., and James F. Spriggs. “The politics of precedent on the US Supreme Court.” In The Politics of Precedent on the US Supreme Court. Princeton University Press, 2018.
[16] Milewski, Melissa. “Reframing Black Southerners’ Experiences in the Courts, 1865–1950.” Law & Social Inquiry 44, no. 4 (2019): 1113-1140.
[17] Goldstein, Leslie F. “An Unacknowledged Constitutional Crisis: United States v. Shipp II (1909).” Md. L. Rev. 77 (2017): 200.
[18] Hamburger, Philip A. “Natural rights, natural law, and American constitutions.” Yale LJ 102 (1992): 907.
[19] Hamburger, Philip A. “Natural rights, natural law, and American constitutions.” Yale LJ 102 (1992): 907.
[20] Hamburger, Philip A. “Natural rights, natural law, and American constitutions.” Yale LJ 102 (1992): 907. The Concepts And Ideals Of Constitutional Order Essay
Week 4 Sec 4 Analytic Paper: Original Intent Paper
ANALYTIC PAPER: ORIGINAL INTENT ASSIGNMENT INSTRUCTIONS
The concepts and ideals of constitutional order are not new and have been passed down from
generation to generation since constitutions have been written. However, these concepts and
ideals have a paradoxical relationship within the modern state. Men of principle, who knew more
what didn’t want to see in a new nation than what they did want, founded the United States of
America. These men believed in noble principles and ideologies so strongly that the possibility
of financial ruin or even death did not deter them from establishing a constitutional republic that
guaranteed “liberty and justice for all.” These men were not politicians, but they were educated,
imbued with deep thought, and had an unbreakable conviction. While some like John Adams
were prone to flowery oratory and others like Thomas Jefferson were gifted with the ability to
compose documents, they did what “political experience” could not; they gave us liberty and the
most brilliantly devised system of self-government the world has ever known.
Pick one of the three (3) policy areas you identified in the first week of class, that you have not
used in a writing assignment in this class thus far. Using the information learned in this class
and in conjunction with your selected policy area of interest, write an Analytic Paper to explore
how the policy/law landscape of the country has changed philosophically from what was
intended (“original intent”) as a result of the amendment, interpretation, and court decisions to affect
your selected policy area. This assignment requires the development of an original research
question and explain the importance of your research question to the current understanding of
your policy area. The Concepts And Ideals Of Constitutional Order Essay
You MUST develop and answer an original Research Question to successfully
complete this project
A Research Question determines exactly the answers you seek and gives
your writing a clear focus and purpose. All research questions are the
following:
“Focused” on a single issue
“Answerable” by using primary and/or secondary peer-reviewed
sources
“Feasible” to answer within constraints
“Falsifiable” meaning it can be disproven or found to be false.
“Specific” enough to answer, and
“Relevant” to topic at hand.
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Explain the importance of your research question to the current
understanding of the prevailing assumptions that inform policy decisions
in the area of interest used in this paper. The Concepts And Ideals Of Constitutional Order Essay
Citations from at least 7 peer-reviewed/scholarly sources AND from all required
readings and presentations
10-12 pages of double-spaced content, not counting the title page or references
Double-spaced
Turabian Format
Required Reading:
Hamburger: Chapters 5-7
Rubric
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Analytic Paper: Original Intent Grading Rubric
| Analytic Paper: Original Intent Grading Rubric | ||||||
| Criteria | Ratings | Pts | ||||
| This criterion is linked to a Learning OutcomeContent |
|
20 pts | ||||
| This criterion is linked to a Learning OutcomeDifferentiations of Current Policy and Original Intent |
|
20 pts | ||||
| This criterion is linked to a Learning OutcomePersonal Position and Reflection |
|
20 pts | ||||
| This criterion is linked to a Learning OutcomeReferences |
|
20 pts | ||||
| This criterion is linked to a Learning OutcomeFormatting |
|
20 pts | ||||
| This criterion is linked to a Learning OutcomeSpelling and Grammar |
|
20 pts | ||||
| This criterion is linked to a Learning OutcomeResearch Question |
|
30 pts | ||||
| Total Points: 150 | ||||||