American Government and Politics Today Essay

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American Government and Politics Today

Charles Beard's argument

Charles Beard argued that the constitution was written by the rich and in their favor to protect their wealth and property. The rich people who were involved in writing the constitution were the creditors, merchants, bondholders and lawyers. Beard argued that many of the people who were at the Constitutional Conventions were members of these categories. The framers of the constitution were doing so to protect themselves against the majority rule so that the majority of the population would not overthrow and take over from the few rich men. There was also a small group of creditors who were protecting themselves from the masses who were indebted to them. This is why the constitution had clauses which limit the control of the states over money lending procedures and its circulation.

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Beard also argued that the framers of the constitution left the federal government with powers which they were to control. Beard also placed claims that the Constitution was imposed by methods that were undemocratic which prevented the democratic majority from exercising any real power. The elite men in the society who were the framers conspired to take power from the commoners in order to better themselves. Beard supported this by stating that there was never any vote on whether there was need to hold a constitutional convention in the beginning. Even though there was such a vote, the state laws only allowed the white males who were property owners to vote which meant that the majority of people who were white males without property, women, slaves and Native Americans were denied the right to vote.

The opinion and argument placed by Charles Beard is not in any way a problem since it is constitutional and he has the freedom of expression and speech. Additionally, Beard's thesis was adopted by many scholars and it became a standard interpretation of the constitution at the time. His interpretation was not belittling of the constitution as was the other scholars though he had misinterpreted the economic interests that were in the writing of the constitution.

Rights of the accused

Essay on American Government and Politics Today Assignment

The rights of the accused help to make the justice process smooth and to ensure that the accused have a fair trial. The rights of the accused prevent the use of corrupt and conscience-free methods to convict people which keep those who are innocent out of jail. It also ensures that the law is followed during the trial process as their criminal activity is investigated and the procedural code is followed to the letter. The rights of the accused ensure that the values and order systems that are not followed can set the accused free simply for infringement of the rights. This ensures that law enforcers, prosecutors and judges ensure they follow the law throughout the whole process. The rights of the accused are also important in preventing the undue and oppressive jailing of the accused party before being tried which minimizes the anxiety and concern that accompanies accusations that are public and also limit the possibility of delaying the trial process.

Balancing the rights of the accused with the rights of victims is a difficult task. This is because as the rate of crime has been increasing over the years, it has been suggested that the rights of the accused need to be curtailed to help reduce the rate of crime. This includes limiting the number of appeals that can be made by a convicted criminal and also making the criminal penalties severe. The current system favors the accused more than the victim since the law is aimed more at promoting order rather than bringing liberty to the citizens. The victim's interest is to have the perpetrator prosecuted and punished while the suspect is entitled to a fair trial that is conclusive. Therefore there is no way to balance the rights of the accused with those of the victim.

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