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Essay / Research Paper Abstract
This 5 page paper looks at the Constitution, Constitutional law and sovereignty. Several related questions posed by a student are answered. Bibliography lists 1 source.
Page Count:
5 pages (~225 words per page)
File: RT13_SA220USA.rtf
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Unformatted sample text from the term paper:
people once the constitutional community has been established? Where is sovereignty located, and why? A student asks additional questions, such as what characteristics of the "sovereign people" does such
an answer privilege? What is fundamental to the American constitutional order? In answering these questions, it pays to look at the Constitution itself and what it means and who should
interpret it. Murphy et al. (1995) explains the unusual situation in the United States, where there is a document labeled The Constitution. This is not so everywhere (1995). It is
true that even England does not have a Constitution per se. They use the Magna Carter along with other documents. What makes the U.S. Constitution different from other documents
or a semblance of documents is that the Constitution is the end all and be all of U.S. law. Every law in the United States must be constitutional. In other
words, it cannot contradict the document. The author provides examples in Britain as well as New Zealand as having understandings of constitutionality, but where no specific document exists(Murphy
et al., 1995). The author goes on to say that Americans have come to believe that the Constitution describes the system of government, something that is not the case
(1995). The author also points to several things such as judicial review for example that is not found anywhere in the Constitution (1995). Although the author has a point, everything
still must be consistent with the premises as they exist in the document. The fundamental question again is, what should be done after the Constitution is created? Obviously, it
is not a complete document. It does not have every single law or situation that may come up. Hardly, the document only outlines what the nation stands for and what
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