This section encompasses essays on Article II of the Constitution dealing specifically with the Executive branch, the Presidency, its powers, and functions. A recommended first stop is the annotated essay on the Overview of Article II, Executive Branch .
This section encompasses essays on Article III of the Constitution dealing specifically with the Judicial branch, its powers, and functions. A recommended first stop is the annotated essay on Marbury v. Madison and Judicial Review .
This section encompasses essays on Article IV of the Constitution dealing specifically with the relationships between states. A recommended first stop is the annotated essay on the Purpose of Privileges and Immunities Clause.
This section encompasses essays on Article V of the Constitution dealing specifically with the creation of constitutional amendments. A recommended first stop is the annotated essay on Congressional Proposals of Amendments .
This section encompasses essays on Article VI of the Constitution dealing specifically with the establishment of the Constitution as the Supreme Law of the Land. A recommended first stop is the annotated essay on the Overview of the Supremacy Clause.
This section encompasses essays on Article VII of the Constitution dealing specifically with the ratification of the Constitution.
The first ten amendments to the Constitution.
This section encompasses essays on the First Amendment dealing specifically with fundamental freedoms. A recommended first stop is the annotated essay on State Action Doctrine and Free Speech .
This section encompasses essays on the Second Amendment dealing specifically with the right to bear arms. A recommended first stop is the annotated essay on Early Second Amendment Jurisprudence.
This section encompasses essays on the Third Amendment dealing specifically with the quartering of soldiers. A recommended first stop is the annotated essay on Government Intrusion .
This section encompasses essays on the Fourth Amendment dealing specifically with searches and seizures. A recommended first stop is the annotated essay on the Amendment’s Historical Background .
This section encompasses essays on the Fifth Amendment dealing specifically with the rights of persons. A recommended first stop is the annotated essay overviewing Due Process .
This section encompasses essays on the Sixth Amendment dealing specifically with rights in criminal prosecutions. A recommended first stop is the annotated essay on Prejudice and the Right to a Speedy Trial.
This section encompasses essays on the Seventh Amendment dealing specifically with civil trial rights. A recommended first stop is the annotated essay overviewing the Seventh Amendment.
This section encompasses essays on the Eighth Amendment dealing specifically with cruel and unusual punishment. A recommended first stop is the annotated essay on the standard of cruel and unusual punishment.
This section encompasses essays on the Ninth Amendment dealing specifically with unenumerated rights. A recommended first stop is the annotated essay on the Amendment’s modern doctrine.
This section encompasses essays on the Tenth Amendment dealing specifically with rights reserved to states and the people. A recommended first stop is the annotated essay on State Sovereignty .
The two earliest amendments ratified after the Bill of Rights.
This section encompasses essays on the Eleventh Amendment dealing specifically with suits against states. A recommended first stop is the annotated essay on the Amendment’s historical background.
This section encompasses essays on the Twelfth Amendment dealing specifically with the election of the President.
Also referred to as the Civil War Amendments, the 13th-15th Amendments were passed in the immediate aftermath of the Civil War to enshrine constitutional protections for newly-freed Black Americans.
This section encompasses essays on the Thirteenth Amendment dealing specifically with the abolition of slavery. A recommended first stop is the annotated essay on Defining Badges and Incidents of Slavery
This section encompasses essays on the Fourteenth Amendment dealing specifically with equal protection and other rights. A recommended first stop is the annotated essay overviewing Substantive Due Process .
This section encompasses essays on the Fifteenth Amendment dealing specifically with the right to vote. A recommended first stop is the annotated essay on the right to vote generally .
The constitutional amendments ratified in the early twentieth century prior to the Second World War.
This section encompasses essays on the Sixteenth Amendment dealing specifically with income tax. A recommended first stop is the annotated essay on the historical background of the Amendment.
This section encompasses essays on the Seventeenth Amendment dealing specifically with the popular election of senators. A recommended first stop is the annotated essay on the historical background of the Amendment.
This section encompasses essays on the Eighteenth Amendment dealing specifically with the prohibition of alcohol.
This section encompasses essays on the Nineteenth Amendment dealing specifically with women’s suffrage. A recommended first stop is the annotated essay overviewing the amendment .
This section encompasses essays on the Twentieth Amendment dealing specifically with the presidential terms and succession.
This section encompasses essays on the Twenty-First Amendment dealing specifically with the repeal of prohibition. A recommended first stop is the annotated essay on interstate commerce .
This section encompasses essays on the Twenty-Second Amendment dealing specifically with Presidential term limits.
Constitutional amendments passed in the twentieth century after the conclusion of the Second World War.
This section encompasses essays on the Twenty-Third Amendment dealing specifically with District of Columbia electors.
This section encompasses essays on the Twenty-Fourth Amendment dealing specifically with the abolition of poll tax.
This section encompasses essays on the Twenty-Fifth Amendment dealing specifically with Presidential vacancy.
This section encompasses essays on the Twenty-Sixth Amendment dealing specifically with the reduction of voting age.
This section encompasses essays on the Twenty-Sixth Amendment dealing specifically with the congressional compensation. A recommended first stop is the annotated essay overviewing the amendment .
Six amendments have been proposed by Congress, but have not been ratified by the States.
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Federalist papers , series of 85 essays on the proposed new Constitution of the United States and on the nature of republican government , published between 1787 and 1788 by Alexander Hamilton , James Madison , and John Jay in an effort to persuade New York state voters to support ratification. Seventy-seven of the essays first appeared serially in New York newspapers, were reprinted in most other states, and were published in book form as The Federalist on May 28, 1788; the remaining eight essays appeared in New York newspapers between June 14 and August 16, 1788.
All the papers appeared over the signature “Publius,” and the authorship of some of the papers was once a matter of scholarly dispute . However, computer analysis and historical evidence has led nearly all historians to assign authorship in the following manner: Hamilton wrote numbers 1, 6–9, 11–13, 15–17, 21–36, 59–61, and 65–85; Madison , numbers 10, 14, 18–20, 37–58, and 62–63; and Jay, numbers 2–5 and 64.
The authors of the Federalist papers presented a masterly defense of the new federal system and of the major departments in the proposed central government. They also argued that the existing government under the Articles of Confederation , the country’s first constitution, was defective and that the proposed Constitution would remedy its weaknesses without endangering the liberties of the people.
As a general treatise on republican government, the Federalist papers are distinguished for their comprehensive analysis of the means by which the ideals of justice , the general welfare , and the rights of individuals could be realized. The authors assumed that people’s primary political motive is self-interest and that people—whether acting individually or collectively—are selfish and only imperfectly rational. The establishment of a republican form of government would not of itself provide protection against such characteristics: the representatives of the people might betray their trust; one segment of the population might oppress another; and both the representatives and the public might give way to passion or caprice . The possibility of good government, they argued, lay in the crafting of political institutions that would compensate for deficiencies in both reason and virtue in the ordinary conduct of politics. This theme was predominant in late 18th-century political thought in America and accounts in part for the elaborate system of checks and balances that was devised in the Constitution.
The authors of the Federalist papers argued against the decentralization of political authority under the Articles of Confederation. They worried, for example, that national commercial interests suffered from intransigent economic conflicts between states and that federal weakness undermined American diplomatic efforts abroad. Broadly, they argued that the government’s impotence under the Articles of Confederation obstructed America’s emergence as a powerful commercial empire.
The authors were also critical of the power assumed by state legislatures under the Articles of Confederation—and of the characters of the people serving in those assemblies. In the authors’ view, the farmers and artisans who rose to power in postrevolutionary America were too beholden to narrow economic and regional interests to serve the broader public good. Of particular concern to the authors was the passage by state legislatures of pro-debtor legislation and paper money laws that threatened creditors’ property rights . Unlike most Americans of the period, who typically worried about the conspiracies of the elite few against the liberties of the people, the authors were concerned about tyrannical legislative majorities threatening the rights of propertied minorities. The Articles of Confederation, in their view, had provided no safeguards against the vices of the people themselves, and the American Revolution’s enthusiasm for liberty had diminished popular appreciation of the need for good governance. The Federalist papers presented the 1786–87 insurrection of debtor farmers in western Massachusetts— Shays’s Rebellion —as a symptom of this broader crisis.
The authors of the Federalist papers argued for an increase in the “energy” of the federal government to respond to this crisis. However, the national government’s increased power would have to be based in republican principles and retain a federal distribution of power; there would be no return to monarchical rule or consolidation of central authority.
In one of the most notable essays, “Federalist 10,” Madison rejected the then common belief that republican government was possible only for small states. He argued that stability, liberty, and justice were more likely to be achieved in a large area with a numerous and heterogeneous population. Although frequently interpreted as an attack on majority rule, the essay is in reality a defense of both social, economic, and cultural pluralism and of a composite majority formed by compromise and conciliation. Decision by such a majority, rather than by a monistic one, would be more likely to accord with the proper ends of government. This distinction between a proper and an improper majority typifies the fundamental philosophy of the Federalist papers; republican institutions, including the principle of majority rule, were not considered good in themselves but were good because they constituted the best means for the pursuit of justice and the preservation of liberty.
Politician’s economic privileges and the participation of citizens.
Despite global policies aimed at eradicating corruption as an unacceptable phenomenon in the government sphere, acute issues still arise, and periodic high-profile court cases are made public. Some officials’ corruption manipulation cannot be regarded as a modern trend since the top administration of states tries to fight against bribery, extortion, and other manifestations of unethical practices. Nevertheless, problems exist, and one of the essential tasks is to change political courses to prevent economic crime among the highest ranks completely. In addition to officials, citizens are also partly responsible for the existence of corruption as a daily occurrence, therefore, not only senior staff but also the population may be involved in combating bribery.
Political corruption has no justification since it is the violation of all existing constitutional norms and presupposes severe criminal penalties. According to Kupatadze (2015), if financial machinations are encouraged at the highest level, all other spheres of life (business, industrial, agricultural, and others) are also based on corrupt activities. Bringing officials to justice is mandatory if relevant cases of violations are identified. However, sometimes it is not easy to determine which of the officials violates the law since the entire political system may be built on machinations and bribery. Kupatadze (2015) quotes the words of the former Prime Minister of Ukraine Mykola Azarov who called on to “have a conscience” and not to take too much out of the budget – “don’t steal 50 per cent” (p. 199). This approach proves that in case the highest administrative officials are aware of financial frauds and allow them, no order can be maintained.
Economic privileges that some politicians have significantly complicate the process of fighting corruption and other unethical practices. Moreover, obstacles arise for natural economic progress. As Hessami (2014) argues, “corruption also diminishes returns on investment” (even when ignoring the risk involved) because it acts as a tax” (p. 373). The author explains it by the fact that entrepreneurs are willing to bribe responsible officials who can help to open or promote a particular business (Hessami, 2014). Funds do not go to the treasury, and the state cannot make a profit. Therefore, from an economic point of view, corruption is a disastrous factor, and growth is impossible due to the privileges of some politicians who are able to control financial flows and the allocation of resources.
The participation of citizens in solving the problem of corruption can also be crucial. For instance, Rose-Ackerman and Palifka (2016) give the example of Sudan, where, according to the survey, “38% of citizens reported paying a bribe,” and “56% of them report having been asked for a bribe” (p. 47). Such statistics show that the population encourages corruption and promotes its strengthening among the ruling elites. If citizens stop any requests for bribery and signal any cases of officials’ unethical behavior promptly, it is likely that extortion will cease to be part of the governments’ modern work.
In addition to combating corruption and bribery at the state level, citizens’ participation can also be encouraged as the way to eradicate these unacceptable phenomena. In case the ruling elites do not have unhindered access to the budget, a higher level of control may be provided. Economic progress can be impossible if officials use their privileges as the way of personal enrichment at the expense of the population.
Hessami, Z. (2014). Political corruption, public procurement, and budget composition: Theory and evidence from OECD countries. European Journal of Political Economy , 34 , 372-389. Web.
Kupatadze, A. (2015). Political corruption in Eurasia: Understanding collusion between states, organized crime and business. Theoretical Criminology , 19 (2), 198-215. Web.
Rose-Ackerman, S., & Palifka, B. J. (2016). Corruption and government: Causes, consequences, and reform (2nd ed.). New York, NY: Cambridge University Press.
IvyPanda. (2021, June 21). The Problem of Corruption in Government. https://ivypanda.com/essays/the-problem-of-corruption-in-government/
"The Problem of Corruption in Government." IvyPanda , 21 June 2021, ivypanda.com/essays/the-problem-of-corruption-in-government/.
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Brutus | 1787
“Brutus” was the pseudonym for one of the most forceful Anti-Federalist voices during the ratification debates over the U.S. Constitution. While scholars still debate the author of the Brutus Essays , most believe that they were written by New York Anti-Federalist Robert Yates. Yates was a New York state judge. He was a close ally of powerful New York Governor George Clinton. He represented New York at the Constitutional Convention, but he left early because he opposed the new Constitution emerging in secret in Philadelphia. Later, he served as a leading Anti-Federalist delegate in the New York state ratifying convention. Brutus published his essays during the debates over ratification the Constitution—expressing a range of doubts. For Brutus, the ratification debates turned on one key question: do the American people want a system driven by the states or one organized around a powerful national government? Echoing influential political theorists like Montesquieu, Brutus feared that a republican form of government could not succeed in a large nation like America. As a result, he favored placing most key powers in the governments closest to the American people: their state and local governments. Brutus’s essays were so incisive that they helped spur Alexander Hamilton to organize (and co-author) The Federalist Papers in response.
Let us now proceed to enquire, as I at first proposed, whether it be best the thirteen United States should be reduced to one great republic, or not? It is here taken for granted, that all agree in this, that whatever government we adopt, it ought to be a free one; that it should be so framed as to secure the liberty of the citizens of America, and such a one as to admit of a full, fair, and equal representation of the people. The question then will be, whether a government thus constituted, and founded on such principles, is practicable, and can be exercised over the whole United States, reduced into one state?
If respect is to be paid to the opinion of the greatest and wisest men who have ever thought or wrote on the science of government, we shall be constrained to conclude, that a free republic cannot succeed over a country of such immense extent, containing such a number of inhabitants, and these increasing in such rapid progression as that of the whole United States. Among the many illustrious authorities which might be produced to this point, I shall content myself with quoting only two. The one is the baron de Montesquieu . . . . “It is natural to a republic to have only a small territory, otherwise it cannot long subsist. In a large republic there are men of large fortunes, and consequently of less moderation; there are trusts too great to be placed in any single subject; he has interest of his own; he soon begins to think that he may be happy, great and glorious, by oppressing his fellow citizens; and that he may raise himself to grandeur on the ruins of his country. In a large republic, the public good is sacrificed to a thousand views; it is subordinate to exceptions, and depends on accidents. In a small one, the interest of the public is easier perceived, better understood, and more within the reach of every citizen; abuses are of less extent, and of course are less protected.” Of the same opinion is the marquis Beccarari. . . .
In a free republic, although all laws are derived from the consent of the people, yet the people do not declare their consent by themselves in person, but by representatives, chosen by them, who are supposed to know the minds of their constituents, and to be possessed of integrity to declare this mind.
In every free government, the people must give their assent to the laws by which they are governed. This is the true criterion between a free government and an arbitrary one. The former are ruled by the will of the whole, expressed in any manner they may agree upon; the latter by the will of one, or a few. If the people are to give their assent to the laws, by persons chosen and appointed by them, the manner of the choice and the number chosen, must be such, as to possess, be disposed, and consequently qualified to declare the sentiments of the people; for if they do not know, or are not disposed to speak the sentiments of the people, the people do not govern, but the sovereignty is in a few. Now, in a large extended country, it is impossible to have a representation, possessing the sentiments, and of integrity, to declare the minds of the people, without having it so numerous and unwieldy, as to be subject in great measure to the inconveniency of a democratic government.
The territory of the United States is of vast extent; it now contains near three millions of souls, and is capable of containing much more than ten times that number. Is it practicable for a country, so large and so numerous as they will soon become, to elect a representation, that will speak their sentiments, without their becoming so numerous as to be incapable of transacting public business? It certainly is not.
In a republic, the manners, sentiments, and interests of the people should be similar. If this be not the case, there will be a constant clashing of opinions; and the representatives of one part will be continually striving, against those of the other. This will retard the operations of government, and prevent such conclusions as will promote the public good. If we apply this remark to the condition of the United States, we shall be convinced that it forbids that we should be one government. . . .
In despotic governments, as well as in all the monarchies of Europe, standing armies are kept up to execute the commands of the prince or the magistrate, and are employed for this purpose when occasion requires: But they have always proved the destruction of liberty, and [are] abhorrent to the spirit of a free republic. In England, where they depend upon the parliament for their annual support, they have always been complained of as oppressive and unconstitutional, and are seldom employed in executing of the laws; never except on extraordinary occasions, and then under the direction of a civil magistrate. . . .
The confidence which the people have in their rulers, in a free republic, arises from their knowing them, from their being responsible to them for their conduct, and from the power they have of displacing them when they misbehave: but in a republic of the extent of this continent, the people in general would be acquainted with very few of their rulers; the people at large would know little of their proceedings, and it would be extremely difficult to change them. . . In a republic of such vast extent as the United-States, the legislature cannot attend to the various concerns and wants of its different parts. It cannot be sufficiently numerous to be acquainted with the local condition and wants of the different districts, and if it could, it is impossible it should have sufficient time to attend to and provide for all the variety of cases of this nature, that would be continually arising.
In so extensive a republic, the great officers of government would soon become above the control of the people, and abuse their power to the purpose of aggrandizing themselves, and oppressing them. The trust committed to the executive offices, in a country of the extent of the United-States, must be various and of magnitude. The command of all the troops and navy of the republic, the appointment of officers, the power of pardoning offences, the collecting of all the public revenues, and the power of expending them, with a number of other powers, must be lodged and exercised in every state, in the hands of a few. When these are attended with great honor and emolument, as they always will be in large states, so as greatly to interest men to pursue them, and to be proper objects for ambitious and designing men, such men will be ever restless in their pursuit after them. They will use the power, when they have acquired it, to the purposes of gratifying their own interest and ambition, and it is scarcely possible, in a very large republic, to call them to account for their misconduct, or to prevent their abuse of power.
These are some of the reasons by which it appears that a free republic cannot long subsist over a country of the great extent of these states. If then this new constitution is calculated to consolidate the thirteen states into one, as it evidently is, it ought not to be adopted.
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Number of questions | Candidates need to attempt two questions, one from Section A and the other from Section B. |
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