Constitutional Basis essays

Constitutional Basis essays My belief is that the Constitution of the United States has offered us many rights, and at times, those rights seem to be in disagreement, while at other times, we would be in chaos without them. The Constitution states all people have the right to life, liberty and freedom. This is a bit idealistic because one persons liberty may infringe upon another persons freedom. The difficulties in discerning the Framers intentions increase both as time elapses and as we need to get more specific. Would the Framers have considered a wiretap to be a search? Would they have considered flag burning to be a form of speech? Would they have considered cable television to be a form of press? These inquiries are sometimes made because we view the Framers as wardens having issued commands, the meaning of which depends on their intentions. Framers advocated a particular idea suggests to us that it is a good idea, not merely that it reflected the preferences of the biggest or strongest group. The Constitution specifies the design of a mechanism to produce laws that are beneficial but not unjust; laws that, because they are both necessary and proper, bind us in conscience. Although, we cannot inspect every law individually, we need some confidence that the internal operation of the lawmaking process is designed to produce beneficial laws and to weed out those that violate the rights retained by the people. Only a Constitution that establishes a lawmaking process with the requisite built-in quality controls can impart legitimacy on the laws enacted in its name. A Constitution that fails to contain such internal quality control procedures tells us nothing about the justice of the laws it produces. Yet, who among the Framers of the Constitution ever imagined that the free speech clause might apply to government regulations designed to curtail the export of encryption software? Or that such an iss...