Essay on the constitutional convention

Origins[ edit ] Alexander Hamiltonauthor of the majority of The Federalist Papers The Federal Convention sent the proposed Constitution to the Confederation Congress, which in turn submitted it to the states for ratification at the end of September

Essay on the constitutional convention

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Essay on the constitutional convention

But what many casual readers may not realize is that those articles are simply the latest installments in what has become a rich and interesting literature.

Although the Second Amendment was almost completely ignored by the academic community for the first two centuries of its existence, the past several years have seen an explosion of scholarship. The reasons for that explosion are beyond the scope of this Article; they may stem in part from the increased prominence of "gun control" debates in contemporary politics, or from the natural tendency of constitutional law scholars to look for as yet unmined subjects for study.

But for whatever reason, the past five years or so have undoubtedly seen more academic research concerning the Second Amendment than did the previous two hundred.

In this Article, I will summarize and criticize that scholarship.

Essay on the constitutional convention

By doing so, I hope to serve two purposes. First, I hope to provide readers who are unfamiliar with the literature sufficient background to understand references to it in other articles on this issue, or simply to consider themselves "Second Amendment literate.

Although some aspects of Second Amendment theory have been developed with a thoroughness that would surprise those unfamiliar with the field, other aspects deserve additional study.

I hope that readers of this Article will be inspired to join in the conversation. Introduction Before addressing the body of Second Amendment scholarship, it is worth taking a moment to put it into the context of the popular debate over gun controls and the right to bear arms.

Although it would be something of an oversimplification, it is probably fair to say that those who support p. For example, it is common to find "right wing" opponents of sexual liberty taking the position that the Ninth Amendment, [3] often cited as the root of the right to privacy that is typically implicated in cases involving sexual freedom, [4] means nothing.

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Robert Bork, for example, has described the Ninth Amendment as an "inkblot" whose meaning cannot be deciphered, [5] and has referred to the right of privacy as a "loose canon in the law.

In the case of the Second Amendment, at least until a few years ago, there was no such caselaw or scholarship. Today there is still very little caselaw, but there is now a great deal of scholarship.

That may change, and if it does it will probably be a good thing. Perhaps surprisingly, what distinguishes the Second Amendment scholarship from that relating to other constitutional rights, such as privacy or free speech, is that there appears to be far more agreement on the general outlines of Second Amendment theory than exists in those other areas.

Indeed, there is sufficient consensus on many issues that one can properly speak of a "Standard Model" in Second Amendment theory, much as physicists and cosmologists speak of a "Standard Model" in terms of the creation and evolution of the Universe.

But the overall framework for analysis, the questions regarded as being clearly resolved, and those regarded as still open, are all generally agreed upon. This is certainly the case with regard to Second Amendment scholarship. Unfortunately, despite the existence of unusually broad areas of scholarly consensus, this literature has so far had less of a disciplinary effect on public debate than might otherwise be hoped.

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Perhaps this Symposium, by increasing the awareness of general readers, will help to remedy that problem. I will discuss this subject at greater length below. Of course, a Standard Model among lawyers is not the same thing as a Standard Model among physicists.

For one thing, physicists can revise their theories based on new experiments and data. Lawyers lack such opportunities. The Supreme Court is the closest thing we have to a theory-testing device, but the Court does not really serve a theory-testing purpose.

First, as I have suggested elsewhere, prediction of Supreme Court decisions does little to validate particular theories, given the complexities involved. Similarly, the Supreme Court's treatment of the First Amendment until well into this century was very similar to its treatment of the Second Amendment up to this point.

At any rate, with these caveats I will discuss what can fairly be called the "Standard Model" of Second Amendment interpretation. I will also discuss those aspects of Second Amendment theory that can be characterized as outside the Standard Model.Essay about The Constitutional Convention Words 8 Pages The Constitutional Convention was paramount in unifying the states after the .

While Madison had never used those words or spoken against slavery, she said, others in the convention did, including a delegate from Maryland, Luther Martin. Constitutional Convention Fifty five delegates from twelve of the thirteen states met in Philadelphia today.

Rhode Island is the only state of the thirteen that chose not to attend the revising of the Articles of Confederation. Dei delitti e delle pene. English: An essay on crimes and punishments. Written by the Marquis Beccaria, of Milan.

With a commentary attributed to Monsieur de Voltaire. The Federalist Papers (specifically Federalist No. 84) are notable for their opposition to what later became the United States Bill of Rights.

The idea of adding a Bill of Rights to the Constitution was originally controversial because the Constitution, as written, did not specifically enumerate or protect the rights of the people, rather it listed the powers of . The Constitutional Convention of was deemed a great success in many eyes.

This constitution laid the foundation for the great nation called the United States of America. Looking back on America’s first plan of government, the Articles of Confederation, it is known that change was necessary in order to keep our nation moving forward and the .

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