Essay on Flaws in the Constitutions

The American founding documents are considered the ultimate primary sources of America. Notably, the most common essential reports which include the Constitution, the Declaration of Independence and the Bill of Rights, among other documents written between 1764 and 1791, substantiate the traditional, philosophical and also the political foundations on which the American nation was built and which continues to shape its free society. Therefore, viewed from this perspective, the American political thought is concerned with the core questionings relating to the government as well as how sound decisions are made in society. Besides, the only way Americans can indeed contribute to the political theory is through documents of political foundation which primarily signify their political creativity. The phrase founding documents just refers to a vast array of materials that were particularly essential to the making of the United States of America. It is worth noting that these documents were not developed immediately thus not fully formed. In other words, they have evolved over the years through debates and negotiations, specifically on the part of Pilgrim leaders. These documents established what creates the new government would take up and what power provisions it had. Presently, the founding documents area must-read in most learning institutions. Over the years, most of the unwritten law of American politics have been discarded. The ever-increasing dysfunctional political system seems to have increased reverence for the document. However, their complexity, length, and vocabulary make them quite hard for learners to understand. Just like any literature, there exists some gaps and flaws in these founding documents. Looking at these materials at this perspective is vital, especially in helping to shape and improve the American political scene. This paper will, therefore, scrutinize the various founding documents, and thus draw appropriate conclusions on the same. In this article, I will specifically explore founding materials in the following areas; Massachusetts, Pennsylvania, and Virginia.

To begin with, with regard, to The Constitution of Virginia as enshrined in the 1776 Bill of Rights, the government, which is formed by the people should be instituted for the universal benefit, security and protection of the people, the community and the nation at large. It holds an explicit declaration of rights developed explicitly by the representatives of the good people of Virginia. These rights pertain to them and their prosperity, as the basis and foundation of the state. However, the Virginian people actively participate in the political thought when their Constitution gives them the inalienable and indubitable right to reform, alter or even abolish the government. It should only be done by the majority of a community when the government is found inadequate or in contrary to its purpose as stipulated in the constitution. The people of Virginia tend to disagree with the specified requirements in their structure. However, it is essential to address such an issue as it will eventually help in not only shaping the political environment but also the relationship between the state and the citizens.

Similarly, the constitution of Massachusetts gives provisions to the administration of the government to ensure a safe existence of the body-politic, to protect it and to take necessary measures and strategies for the safety, and prosperity of the people. Before passing of this constitution, Massachusetts had for so long struggled under the British Law. This structure also has flaws that need to be addressed. First, it was written by the state legislature. By 19778, most constituencies in Massachusetts viewed this procedure as flawed. Anybody that has the role of formulating a constitution has the right to change it. The process of ratification of this law was imperfectly done. Some parts of the composition lack enough provisions to guide the good people of Massachusetts. Looking at this constitution, the Senate is provided for with plenty of powers over the people. It should be noted that the people also have a right and that their say regarding political and other vital aspects are heard. The constitution also provides for some religious point of the society that should be followed to the letter by the citizens (Article II). I believe that every person has the right to choose what to think in and that the state should not in any way influence this.

Another good example to explore is the constitution of Pennsylvania. The people of Pennsylvania foster towards enjoying their natural rights. Looking at section 1, this state was to be governed by an assembly of the representatives of the freemen, and a president and council. Some of the citizens of Pennsylvania might feel that this type of leadership is not entirely inclusive. The constitution limits the people from being a direct part of the leadership system. The structure can be changed, towards have a more satisfied population that will be included in the leadership models.

This paper gives us a clear insight into how these founding documents have gaps and flaws that the responsible parties should work towards improving the scenario. The constitution, specifically, offers guidelines that the people should follow. It must, therefore, be formulated in the most appropriate form as possible. It will come in handy, especially in avoiding conflicts between the state and the people. Globally, constitutions have been questioned by a part of the citizens who feel that it lacks some essential aspects. In the United States of America, those responsible have quite a big task ahead of them in fixing this societal issue. Every citizen has the right to live a happy life, and consequently, have their freedom of speech respected. These documents were developed by the human, and as we all know, man is to error. There must exist some flaws in these papers, and thus they should be fixed, for the good of all. It is worth noting that these documents were not advanced immediately thus not fully formed. In other words, they have evolved over the years through deliberations and negotiations, specifically on the part of leaders. These documents established what creates the new government would take up and what power provisions it had. Presently, the founding documents area must-read in most learning institutions. Over the years, most of the unwritten law of American politics have been discarded. The ever-increasing dysfunctional political system seems to have increased veneration for the document. However, their complexity, length, and vocabulary make them quite hard for learners to understand. Just like any literature, there exists some gaps and flaws in these founding documents. Looking at these materials at this perspective is dynamic, especially in helping to shape and mend the American political divide.

End notes

The American founding documents are considered the ultimate primary sources of America.

Just like any literature, there exists some gaps and flaws in these founding documents.

The people of Virginian actively participate in the political thought when their Constitution gives them the inalienable and indubitable right to reform, alter or even abolish the government. However, there still exists a gap in the legal provisions enshrined in the Virginian constitution.

The process of ratification of the constitution of Massachusetts was imperfectly done. Some parts of the composition lack enough provisions to guide the good people of Massachusetts.

The constitution of Pennsylvania limits the people from being a direct part of the leadership system.

Reference

Cook, B.J., 2017. Reconstructing Public Administration for the Commercial Republic Part I: The Madisonian Design, Its Flaws, and the Case for a Fourth Branch.

Kyvig, D.E., 2016. Explicit and Authentic Acts: Amending the US Constitution, 1776-2015. University Press of Kansas.

McCall Rosenbluth, F., & Shapiro, I. (2017). DIRECTING DEMOCRACY. The Yale Review, 105(3), 26-Sajo, A., & Uitz, R. (2017). The Constitution of Freedom: An Introduction to Legal Constitutionalism. Oxford University Press.35.

McCall Rosenbluth, F. and Shapiro, I., 2017. DIRECTING DEMOCRACY. The Yale Review, 105(3), pp.26-35.

Smith, R.K., 2016. Textbook on international human rights. Oxford University Press.