Property Without Due Process Of Law example essay topic

How Democratic is the Constitution? In the dictionary definition, democracy "is government by the people in which the supreme power is, vested in the people and exercised directly by them or by their elected agents under a free electoral system". The constitution is a perfect example of this. The first amendment in the Bill of Rights states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances". Which protects the people's right to practice religion, to speak freely, to assemble, to address the government and of the press to publish. The United States has a representative democracy, in which people elect officials to make political decisions, like forming laws.

Since the people vote for the officials, the officials get together and deliberate ina complex manner. We the people choose those by voting for who we feel best suits the job. The Constitution established an electoral college as a compromise between direct election by congress. The voting is left to the states, the fifteen amendment gave all citizens that right to be able to vote. The four amendment guards against unreasonable searches, arrests, and seizures of property. The way I recall it is the only way someone can be searched is if the official has a warrant stating why he / she is being searched without that nothing can be done.

I think that is very democratic officials need specific reasons to do a search of anyone's property, which constitutes the beginning of The Declaration Of Indepence which states, .".. that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of happiness". Also, something else I feel is democratic is the seventh amendment, which states, "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be per served, and no fact tried by a jury shall be otherwise examined in any court of the United States, than according to the rules of the common law". Every person who feels something was taken or not given to them that is worth more than twenty dollars have the right to go to trial. Therefore, the beginning of The Declaration of Indepence comes in again with the freedom of property.

My favorite of all amendments is the fifth one, I feel out of all of them this one really protects the citizens of the United States. The fifth amendment states "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation". This protects us in every which way; this amendment takes up a few topics: grand jury, double jeopardy, self incrimination, due process, and eminent domain. The grand jury is a jury that examines accusations against persons charged with crime and if the evidence warrants makes formal charges on which the accused persons are later tried.

Double Jeopardy is where a person already prosecuted goes through a second trail, giving them a second chance. Self incrimination is when you accuse or openly admit to a crime. Going through the laws and making sure they are all being looked at is called due process. Eminent domain is the right of the government to take property from a private owner for public use I could sit here and write a fifteen page paper saying how each individual amendment shows that The Constitution in some way shape or form is democratic. The reason of the document is for the people to be free, when you think about democracy it is the freedoms we receive as citizens in the United States. We have laws, not to hurt us but to protect us; those who do not follow those rules are punished.

The constitution couldn't be any more democratic.