Strengths and Weaknesses of the United States Constitution

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Humanities

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Strengths

1. Select and rank the top 3 major issue resolved by the United States Constitution that have been the most beneficial to the nation.

2.Which resolution in your view is the most important? Why? Why not?

Weaknesses

3a. Do you think the slave articles should be removed from the United States Constitution?

3b. What are your thoughts about the exclusion in the 13th amendment that allows slavery to persist?

3c. Would it make sense if an amendment expressly declared that “the United States formally rejects and repudiates all provisions of the Constitution that protected slavery?” Why?

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Strengths and Weakness of the United States Constitution I. Strengths: Issues Resolved by the United States Constitution Please reflect on the documentary,”To Create A Constitution” that you watched and answer the questions below. 1. Select and rank the top 3 major issue resolved by the United States Constitution that has been the most beneficial to the nation. 2.Which resolution in your view is the most important? Why? Rank Issue Reduce likelihood of accumulation of power by any govt institution Avoid rule by an uneducated majority Create a central govt not to weak that it is ineffective and not to strong that it becomes authoritarian Resolve dispute -less populous states and more populous states are in conflict over political power and representation in the national government Protect individual liberties from the national government Make the constitution adaptable Resolution Instituted checks and balances and separation of powers to disperse power among the branches of government Institute mechanisms and bodies to ensure the people did not directly participate in govt. The Electoral College and the representative system were created to ensure democracy led by political elites. A power-sharing arrangement between the national government and state governments called federalism was incorporated. The issue of distributing representation and political power to large, small states, and slave states was resolved by the creation of a bicameral [two house] Congress ● House of Representative (proportional rep) ● Senate -equal representation for each state The Bill of Rights was added to the constitution A formal amendment process was incorporated Strengths and Weakness of the United States Constitution II. Weakness: The United States Constitution and Slavery Slavery has been characterized as “the great sin”. The institution of slavery was sanctioned by the United States Constitution. Read the passage below and respond to questions 3 a,b,& c It is interesting to consider why the framers would protect the institution of slavery but be unwilling to use the word. The omission of the word “slavery” from the United States Constitution might imply shame or ambivalence about slavery. Nonetheless, the United States Constitution enacted provisions that protected the institution of slavery. For example, the Fugitive Slave Clause is one of the constitutional protections for slave owners. Since the end of slavery, there has been no constitutional amendment proposed to reject the pro slavery language in the constitution. In fact, the 13th amendment which is commonly understood to abolish slavery contains an exclusion that allows slavery to be practiced in prisons. 3a. Do you think the slave articles should be removed from the United States Constitution? 3b. What are your thoughts about the exclusion in the 13th amendment that allows slavery to persist? 3c. Would it make sense if an amendment expressly declared that “the United States formally rejects and repudiates all provisions of the Constitution that protected slavery?” Why? Question For Reflection- You are not required to answer it. Legal Scholar Derek Bell has coined the term constitutional contradiction to describe the issue of slavery and the United States Constitution. The constitutional contradiction as a concept is the idea that the United States Constitution preserves individual rights and liberties while simultaneously sanctioning a group of individuals to chattel slavery, is contradictory. 4.What do you think of the notion of the constitutional contradiction? How does one reconcile relegating a group people to slavery while at the same time pronouncing that freedom is a central value in the constitution?
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Explanation & Answer

Strengths The third most important issue solved by the United States Constitution was the creation of Federalism. Federalism produced a division between national and state governments and by doing so, it created many advantages to the modern allocation of power, in fact, " it serves as a deterrent to tyranny and runaway power." (Wiseman, n.d.) The second most important issue that was later resolved was the formation of an amendmentprocess. By creating a formal amendment process, it gives an opportunity for the Constitution to change with the citizens of the United States. The capability to alter amendments if necessary promotes an adaptable environment. The last and most important issue that was resolved was the Bill of Rights added to the Constitution. The Bill of Rights ensures the freedoms and liberties of every citizen in the United States, without it, conflicts would occur, especially due to discrimination of race, gender, and age. In my opinion, The Bill of Rights is the most important issue that was resolved. By adding it to the Constitution, it protects free...


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