by RNH Nello

Created on: February 16, 2009

A new Constitution is not needed, nor is even a Constitutional Convention needed to address perceived weaknesses. What is needed is the resolve to return to the original intent of the Founders inclusive of the expansion of the franchise of individual freedoms which have occurred in the intervening years.

Through the generations since the ratification of the Constitution's first ten amendments in seventeen ninety-one many attempts have been made to alter the Constitution to fit desires of the moment. Although its words have remained the same, except as altered by amendments, its use relative to the Founders' original intent has often meandered far a-field to address political needs of the moment. Such is best understood when viewing the context of its creation.

This Constitution came into existence as a development from previous documents, and philosophies, evolving from the foundation of The Common Law of England. This evolution didn't easily flow from the ladder of individual freedom from one rung to another, but rather, was an up and down movement of slow gains and losses. Its roots are deep in evolution of Celtic and Saxon Village Law which received a major set back in 1066 when William conquered and brought the feudal system to England. As brutal as this change was as it hit the people of England, by 1215 The Common Law reasserted itself with the first great charter, Magna Carta.

Even with wars and civil war The Common Law continued to evolve and with the advent of exploration opening the new world in the Americas, escape was possible to greater evolution of the Common Law which is evidenced by the "Mayflower Compact" [1620]. This promoted further development in England with such as when the House of Commons forced on King Charles I "The Petition of Right" [1628] reasserting the trial by jury and due process (of Magna Carta) and ensuring such as that there could be no taxation without consent of Parliament and soldiers could not be quartered on civilians.

With the English Civil Wars and the death of Charles I, "An Agreement of the Free People of England" [1649] formalize such concepts as, that the People are Sovereign, Parliament governs only by consent, inalienable rights of the People, universal manhood suffrage, the powers of government should be limited by fundamental law emanating from the People. Cromwell's government thought little of these ideas but they took root in the American colonies.

With the return of the King to rule England
it was one of those

• 1
• 2
• 3
• 4
• Next Page >>