Constitution Term Paper Example | Topics and Well Written Essays - 1750 words

Constitution - Term Paper Example It was an economic and social institution.On this note, a variety of civil rights movement arose to advocate for the abolishment of slavery, and recognition of the black people as Citizens of United States of America2. This would allow them to enjoy greater freedom and equality that emanated from democracy. Various amendments were made to the American constitution were made to abolish slavery, and advocate for the right of every American citizen to vote. In 1865, the thirteenth amendment recognized the concept of natural freedom, and abolished slavery.The fourteenth amendment spelt out the qualifications of a citizen, and spelt out their rights and liberties. The Fifteenth amendment was ratified in 1870, and it gave all American the right to vote, irrespective of race, religion or color.On this note, the American system of democracy is termed as the constitutional democracy. Constitutionaldemocracy is always subject to the rule of law. The elected representatives of the people must e xercise power3, basing on the requirements of the law, which on most occasions, advocates and protects the rights of people, and their freedom. On this note, the Judiciary, and in particular the United States Supreme Court plays an important role in ensuring that the democratic process of United States of America adheres to the law. In the case Baker vs. Carr, the court made an important ruling regarding the one man one vote system. This paper examines the importance of this ruling in promoting the principles of democracy and constitutional rule in United States of America. This paper observes that, the ruling was very important in promoting democracy and regulating the behavior of the American political system. This paper analyzes the case, identifies important elements in the case, which relate to promoting democracy in the State. This paper also looks at the various cases that the judiciary used to the case to solve. Baker vs. Carr, is a 1962 decision by the Supreme Courtthat dec ided the eligibility of the Federal and State legislature in creating new voting zones4. The defendant, in the case argued that, the concepts of redistricting, is a political issue, and therefore the judiciary does not have the authority to intervene. The Judiciary only intervenes on legal issues, and not political issues. According to the case, the Tennessee State Constitution advocate for the re-drawing of legislative districts after every ten years. The purpose of this was to equally distribute the citizens of a district. The plaintiff, Mr Baker argued that re-districting the districts amounted to a breach of his constitutional right of equal protection, as advocated by the Fourteenth amendment. However, the State of Tennessee made a defense arguing that re-districting is a political process, and the judiciary does not have an authority to preside over a political process5.However, the United Supreme Court ruled that the decision by Tennessee to allow re-districting after every t en years was unconstitutional, and it breached the right of equality as advocated for under the Fourteenth Amendment Equal Protection Clause. On this note, the state had to re-district based on the number of voters, as opposed to the size of the territory. This case,