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Constitutional Analysis
I believe that the most important part of the constitution is the fact that there is no most important part of the constitution. The entire document stands out as the most important document in the US. One part does not jump out as more important than any other part. The best part is that there is no best part and it works together to insure all our freedoms and set up a system of government. What would the US be without the freedom of speech guaranteed in the 1st amendment? The US would not have the true freedom of speech if blacks, women, or 18 year olds could not vote. Those groups would not truly have freedom of speech if they were not able to vote thanks to the 15th, 1th, and 6th amendments. What if the president was able to declare war? The country might have turned into a dictatorship of some sort with a war-mongering president. Article 1, Section 8, Clause 11 says that congress has the power to declare war so that the president does not become too powerful. Also, consider the debates without the clause 18 of section 8 of article 1, which serves as the elastic clause for the powers of congress. Without this clause there would be constant strife over what the enumerated powers of congress really are.
The whole basis of the Constitution is the equality of all the powers. The separation of power with checks and balances means that all parties are equally powerful and have and equal say in the issues facing the country. While these powers are equal they are very different at the same time. The president can propose a bill, the congress can pass it and then the Supreme Court can rule that the bill is unconstitutional. Each of those branches is equally important to the bill's adaptation in US society. Each branch can veto the measure but one is not more important than the other. That is like asking whether the father or the mother is more important to the process of creating a child. Each has its own role and each is significant and important in its own way.
The first amendment has been the most publicized and tried amendment in the Constitution. The cases range from 11 Shenck v United States when the famous ruling involving "shouting fire in a theatre" and "clear and present danger" were initially stated. Then in 16 in Tinker v Des Moines School District the court ruled that you do not shed your rights at the school gate. From these cases to the bizarre 188 case between Hustler Magazine and Jerry Falwell where the court ruled that jokes or political cartoons do no count as character defamation. These cases and so many others have been far-reaching and diverse in the rulings reaffirming your 1st amendment rights and restricting them during certain situations that would create clear and present danger.
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The voting amendments have truly been crucial to the development of the country. Try to imagine an election today in which people of minority races were not allowed to vote. The Republican Party would win virtually every election and the Democratic Party with minority planks would not exist. The course of American history would be altered without the minority vote. Also, the women of America staged a suffrage movement in the early 100's. The movement led to the future ascending of the business ladder by all sorts of women. This infusion of new ideas and new policy is critical to the economy. Also the war in Vietnam brought about new voting rights for 18 year olds. The young people who were drafted and were dying for the country felt they should have the right to vote so through protests and awareness they received the right to vote. This young person vote helped to elect the most famous governor ever, Jessie Ventura.
The power to declare war is a critical power that can change the outlook of a country. If the president had the power to declare war instead of the congress it is possible that a US president could become a rouge military leader. While the president is the commander of the armed forces and has the power to take military action the congress can order the action to stop after a time of 60 days. This clause has a great meaning in today's politics. If the president were unchecked in his command of the armed forces, Bush would absolutely be going into Iraq whenever he wanted. He would wait until the weather was favorable and then just go. Because congress does have the power to declare war he sought the approval of the congress in the form of a resolution that would allow him the power to enter into war with Iraq if Iraq does not comply with UN resolutions. The power to declare war is another important part of the Constitution.
The elastic clause is just as important as any of the other clauses or amendments to the Constitution. The elastic clause says that the congress shall have the power "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers." Without this clause the congress would not have been able to create a national bank or purchase the Louisiana territory from Napoleon. This flexibility allows for the modern intent of the law to be carried out. Also this flexible interpretation of the constitution has proved critical in many court cases regarding the intent of the law or the explicit wording of the law.
All of these parts of the Constitution are critical influences on how we live our lives today and you cannot rank any of them more important than the next. The Constitution is a great document because there are no weak, unimportant parts. Each clause, each amendment serves a unique purpose in setting up the greatest government the world has ever known.
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