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A Balance of Rights
Classical republicanism refers to the idea that
individuals should put the needs of the community before self-interest. In
natural rights philosophy (modern liberalism), the purpose of government is
to protect individual rights. The ideal government achieves and maintains a
balance between the two ideas. The key word here is balance, there was no
either/or intended when the framers wrote the United States Constitution. It
was suggested by one of the speakers that we need to cultivate the capacity
to hold contradictory ideas simultaneously and that we cannot become
terrorized by dichotomies.
A Constitution
When writing the US Constitution, reliable evidence shows that the Framers
relied on their understanding of political teachings, drawing from
contemporary influences and past history. However, perhaps of equal
importance, was the religious influence on the political writings of their
time. "80 percent of the political pamphlets written in the 1770s and 1780s
were written by ministers and when all references from the political
writings of this time period are taken into account, a staggering 34 percent
of references made are to the Bible. In fact, Deuteronomy by itself ranks as
the most cited book during this era." (American Political Thought) Indeed,
there are many parallels, similarities, between Deuteronomy and the US
Constitution. The term for constitution in ancient Israel is torah, and this
word is defined as an important and divine teaching. The first five books of
the Hebrew Bible, otherwise known as the Five Books of Moses, make up the
Torah. The fifth book, Deuteronomy, restates the teachings of the first four
books.
Checks & Balances: Maintaining Our Liberties
It is important in a republic to guard against the
oppression of its rulers as well as the factions within the society. In the
federal system of government in America, there is a compound republic. The
sovereign power given by the people is divided between the Federal and State
governments. Each of these governments is subdivided into separate, distinct
departments. The different governments should control each other as well as
themselves.
Encroachments & Oppressions By The Representative Body
In Federalist # 78, Alexander Hamilton is
addressing the reasons for life tenure, salary, and the qualifications of
those to serve in the judiciary department of the federal government.
Hamilton explains that to expect the judges to hold their offices during
good behavior follows an already established precedent in many of the state
constitutions of the day. He contends that this is a barrier to the
“encroachments and oppressions of the representative body. And it is the
best expedient which can be devised in any government to secure a steady,
upright, and impartial administration of the laws.”
Judicial Activism Undermines The Integrity Of The
Constitution
The Constitution of the United States was
established to protect the sovereign right of citizens’ to life, liberty,
and the pursuit of happiness. Inherent in the structure of the federal
government was a system of checks and balances to assure that a minority
would not be positioned to force their will upon a majority. Many argue that
the “original intent” of those who drafted the Constitution or any
subsequent laws should be taken under utmost consideration when forming any
interpretation about its meaning so to uphold the framers’ intent when
formulating the rule of law.
The Bill Of Rights: Its Intent & Application
Alexander Hamilton is addressing miscellaneous
objections to the Constitution. He reminds those who criticize it for
lacking a Bill of Rights that many of the state constitutions also do not
have one. However, the body of the constitution contains various provisions
in favor of particular privileges and rights including the power to impeach,
writ of habeas corpus, the allowance for no bill of attainder or ex post
facto law, no granting of title of nobility, trial shall be by jury in the
state the crime was committed within, and punishment for treason will not
extend to family members of the person convicted of that crime.
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