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Professor Amar Emphasizes Two Major Themes in The First Couple Weeks of Class
Professor Amar Emphasizes Two Major Themes in The First Couple Weeks of Class
national government rather than the state which was completely unheard of Britain at that
time and till late 18 century.
The lower ceiling was applied to age required for the election in the House of Representatives
and senate which in turn, reduced the probability of the clout of particular section the society
or insular democracy.
What this constitution provided to the government of the Union was the right to tax the
people and apply duties, regulate commerce. With authority of people drawn through the
constitution
Because they members elected under constitution and its law, were representatives of the
people .And thus, No Taxation without representation did not apply any further.
Q2: Similarly, in what ways does the Constitutions text and structure indicate that the
Framers were concerned with national security?
The article 1 of the constitution which is related to powers of Congress or the central
administration is quite elaborate and detailed as compared to other articles in the
constitution .It entails to their concern with the matter of stability of union as a nation. The
union has just got emancipated from its colonization. However, the framers understood that if
the democracy has to exist and thrive in the year to come. The explicit details of the powers
to the congress was called for.
The detail listing of powers of the congress in section 8 of article. Grant not only the explicit
powers to the Congress to impose taxes , to maintain army and navy of its own , with
reauthorisation of army at every 2 year with the election of new house of representatives at
every 2 year ,to manage foreign affairs ,common currency , citizenship . Have its own bank.
(Supreme Court Case ruling by John Marshall)
However, even with all these powers , the central government , was not suppose intervene in
the matter of state till it become essential to do so and likewise for the state government . For
which the restriction in the powers of both central and state government are detailed in
section 9 of the article 1.
The most important part of Article 1 is the effort of the framers to strike balance with in the
muscle power of the centre and state. By power local militia to the state as counter support
against the centre, if by any chance, it tries, to implement the Marshall Law, with the help of
its army, or curb the freedom of speech.
As you read the Constitution, how do you see the themes of democracy and national
security fitting together? Are they compatible, or are they at odds with one another?
As we move deeper in the constitution we find the efforts made by the framer to strike
balance within the system. The presidential power, to veto, the power of Supreme Court of
judicial review can be accounted under this effort.
The article 1 was really all about the congress and its powers and efforts were made to draw
the line of demarcation between the power of the centre and the states with the restrictions
attached. However, the transformation of union like European Union into more perfect union
, more efforts were called for , which could be observed in the later articles. The power to
veto may be looked upon as the violation of cardinal rule of democracy. However, the
restriction attached to it, read in line with it, gives understanding of security. Similarly, with
the judicial review, this power of the Supreme Court .Checks the absolute power of the first
among three equals i.e. legislature.
The Framers relates to an idea Good may always not remain as Good .As it once were. So,
provision of amendments and the proper checks and balances are required .This could be well
understood from the event of Civil war. The Southern states with the help of its local militia
given to them for the protection of state and to maintain balance in power, declared war
against centre.