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FREE ESSAY ON CONSTITUTIONALISM

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Constitution Comparison
A compare and contrast analysis of the U.S. Constitution with the Indiana Constitution. -- 826 words; MLA

"Taking the Constitution Seriously"
This paper reviews Walter Berns' book "Taking the Constitution Seriously", which examines the philosophical foundations of the Constitution of the United States. -- 1,245 words; MLA

Texas - A Good Constitution?
An analysis of the the Constitution of Texas and how it compares to other state constitutions. -- 2,791 words; MLA

The American Constitution
This paper discusses the American Constitution as a living, evolving document, from guaranteeing the right to enslavement in the 18th century, to modifications in favor of freedom of slaves in the 19th century. -- 1,625 words; MLA

Constitution of Texas
A discussion of the flaws in the Constitution for the State of Texas and a comparison with neighboring states. -- 1,416 words; MLA

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CONSTITUTIONALISM

The seventeenth century, which witnessed the development of absolute monarchy, also saw
the appearance of the constitutional state. While France solved the question of
sovereignty with the absolutist state, England evolved toward the constitutional state.
If we could assign a very simple definition of the term of the term constitutionalism, it
would be the limitation of government by law. Constitutionalism implies a very delicate
balance between the authority and power of government, on the one hand, and the rights
and liberties of the subjects, on the other. In essence, the law is embodied by a set of
precepts and principles - a constitution.
A nation's constitution may be written or unwritten. It may be embodied in one basic
document, occasionally revised by amendment or judicial decision, like the Constitution
of the United States. It also may be partly written and partly unwritten and include
parliamentary statutes, judicial decisions, and a body of traditional procedures and
practices (like the English constitution). Regardless of whether it is written or
unwritten, a constitution gets its binding force from the government's acknowledgment
that it must respect that constitution - that is, that the state must govern according to
the laws. Likewise, in this state, the people look on the laws and the constitution as
the protector of their rights, liberty, and property.
Modern constitutional governments may take either a republican or a monarchical form. In
a constitutional republic, the sovereign power resides in the electorate and is 
exercised by the electorate's representatives. In a constitutional monarchy, a king or
queen serves as the head of state and possesses some residual political authority, but
again the ultimate, or sovereign, power rests in the electorate.
The constitutional government at this time period has sometimes been perceived to be the
same as the democratic form. However, such is definitely not the case. In a complete
democracy, all the people have the right to participate either directly or indirectly
(through their elected representatives) in the government of the state. Democratic
government, therefore, is intimately tied up with the voting populace. When
constitutionalism came into fruition, most men could not vote until around the late
nineteenth century; and women weren't given the right to vote until the twentieth
century. Consequently, although constitutionalism developed in the seventeenth century,
full democracy was achieved only in very recent times.

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