Final Exam AMH2020, Question 1: Declaration of Independence and the Constitution (Essay Sample)

Final Exam AMH2020, Question 1: Declaration of Independence and the Constitution Student’s Name Course Number and Title Date Outline * Declaration of Independence and the Constitution * Introduction * Principles of the Declaration of Independence and Laws of the Constitution * Historical Examples of Government Abuses * Reconstruction and Jim Crow Laws * Japanese Internment in WWII * Civil Rights Movement: Government’s Failure to Protect the Activists * McCarthyism and the Red Scare * Watergate Scandal * Post-9/11 Civil Liberties Issues (War on Terror) * Actions by "We the People" * Organizing/Participating in Civil Rights Movements and Protests * Legal Challenges * Advocacy on Legislative Reforms * Raising Public Awareness and Creating Media Campaigns * Conclusion * Works Cited Declaration of Independence and the Constitution Introduction The Declaration of Independence and the Constitution laid down principles that founded American democracy. The Pronouncement outspokenly declared the ideals of equality and unalienable rights directly flowing from a government, deriving its powers from the consent of those governed. The Constitution spells out the style of operation through checks and balances and contains a charter of individual rights and freedoms. Even though these principles are so revered, the U. S. Government has been a party to violating the same tenets it held high. This paper presents those occasions and the actions "We the People" have taken to correct those violations. Principles of the Declaration of Independence and Laws of the Constitution In the Declaration of Independence, the founding principle of the United States is stated, 'We hold these truths to be self-evident, that all men are created equal, that their Creator endows them with certain unalienable rights, among these are 'Life, Liberty and the pursuit of Happiness. The Constitution lays down the form of government and the distribution of powers through checks and balances with certain rights within the Bill of Rights to protect. In so doing, these documents portray the outlooks and the institutional structure toward which the United States has subscribed.[Ahmad, Rana Eijaz, and Muhammad Sajid. "Thinking beyond Democracy and Freedom: A Post 9/11 War on Terrorism Scenario." J. Pol. Stud. 28 (2021): 169.] Historical Examples of Government Abuses Reconstruction and Jim Crow Laws After the conflict of the Civil War, the period known as Reconstruction was aimed at trying to grant citizenship to the freed black population. State legislatures in the South responded with Jim Crow laws that blatantly provided for racial segregation and disfranchisement of African Americans, in clear opposition to fairness and equality. Some of the perpetuation of inequality perpetrated by the Jim Crow included segregation in public transport facilities, education, and voting. Despite the blacks being considered equal, their rights were infringed by the Jim Crow as they were discriminated against based on their skin color.[Locke, Joseph L., and Eds Ben Wright. The American Yawp: A Massively Collaborative Open U.S. History Textbook, Vol. 2: Since 1877. Stanford University Press, 2019.] Japanese Internment in WWII The U.S. government forced the relocation and internment of Japanese Americans during World War II, violating their rights to due process and equal protection under the law. This blatant Act, conducted under the cover of wartime hysteria and racial prejudice that had caused untold suffering and loss to those interned, was what it was all about. These injustices, now documented through legal challenges, public outcry, and scholarly work, eventually resulted in the Civil Liberties Act of 1988, which included reparations and formal apologies to survivors. For instance, according to research by Nagata et al. (2019), scholars such as Donna K. Nagata have explored the extent and long-term psychological effects of racial trauma experienced by Japanese Americans during this era. The government failed to protect the rights of the individuals as enshrined in the Constitution.[Abbassi, Chafia, and Abdelkrim Mabrouki. "McCarthyism and the Red Scare in America 1919–1954." PhD diss., University Ahmed Draya-Adrar, 2020.] Civil Rights Movement: Government’s Failure to Protect the Activists Regarding the Civil Rights Movement, the federal government was notably lax in its attempts to safeguard activists and implement laws banning discrimination. This failure was quite fatal, as intimidation, abductions, and extrajudicial killing of the activists were not challenged. The law enforcement agencies colluded with the perpetrators, and the rights of the minorities were not upheld. The efforts to subdue the activists were a direct failure of the government to protect the rights of the minorities as enshrined in the Constitution.[Logan, Trevon, and Peter Temin. "Inclusive American economic history: Containing slaves, freedmen, Jim Crow laws, and the great migration." Institute for New Economic Thinking Working Paper Series 110 (2020).] McCarthyism and the Red Scare The anticommunist ideology found a stage in the 1950s McCarthy era of fierce investigation and accusation against communism, coupled with fundamental rights to speech and association. The waves of public and legal opposition ultimately led to Supreme Court decisions that would rein in anticommunist investigating excesses and strengthen constitutional protections. Actions taken included public opposition, legal battles, and loud advocacy by civil liberties organizations that pointed out the dangers of such overreach and helped to re-establish constitutional norms.[Locke, Joseph L., and Eds Ben Wright. The American Yawp: A Massively Collaborative Open U.S. History Textbook, Vol. 2: Since 1877. Stanford University Press, 2019.] Watergate Scandal One of the major scenarios that opened the window on President Nixon and his administration's heinous errands was the Watergate scandal, which occurred in the 1970s. The tenets of the checks-and-balances system of American democracy and transparency were also set aside. It began with a break-in to the Democratic National Committee headquarters in June 1972, linked to President Nixon's re-election campaign. Investigations exposed monumental political spaying, wiretapping, and other breaches of power, along with conspiracies to conceal all of it m via obstruction of justice, use of federal agencies, and embezzlement of campaign funds.[Gardner, Kim. "PEARSON, P. O'Connell. Conspiracy: Nixon, Watergate, and Democracy's Defenders." School Library Journal 66, no. 11 (2020): 85.] Despite the best efforts of the reporters Bob Woodward and Carl Bernstein of The Washington Post and thorough investigations by Congress, particularly by the Senate Watergate Committee, it was ascertained that the degree of the corruption was far worse than previously imagined. The scandal led to the Watergate tapes' release; it led to Nixon's resignation in August 1974, making him the first sitting U.S. president to do so. It caused tremendous changes, such as the enhancement of the Freedom of Information Act, the Office of Government Ethics, and stricter regulation of campaign financing. It has demonstrated the significance of the free press and competent congressional oversight more than ever.[Nagata, Donna K., Jacqueline HJ Kim, and Kaidi Wu. "The Japanese American Wartime Incarceration: Examining the Scope of Racial Trauma." American Psychologist 74, no. 1 (2019).] Post-9/11 Civil Liberties Issues (War on Terror) The Bush Administration took a turn towards authorization of policies like the Patriot Act, which broadly augmented surveillance authorities to prevent further terrorism in the wake of 9/11. Citing the aftermath of the global challenge of 9/11, it was found that the Patriot Act stated that Congress got nearer to passing in October of 2001; it admitted more surveillance of telephone and internet communications, easier availability to the people's records, and increased provision of details that could circulate through the governmental organizations. These were the steps taken to improve the nation's security, but at the same time, many serious issues concerning privacy, civil liberties, and due process emerged. It has been criticized that the broad surveillance provisions under the Act violate protections of the Fourth Amendment against unreasonable search and seizure, hence engaging wide-ranging debate over balancing security concerns with individual rights.[Logan, Trevon, and Peter Temin. "Inclusive American economic history: Containing slaves, freedmen, Jim Crow laws, and the great migration." Institute for New Economic Thinking Working Paper Series 110 (2020).] Many citizens and civil liberties groups challenged these new surveillance powers and sought to roll back these policies through a vigorous legal battle or public advocacy. Groups like the ACLU filed many lawsuits against the Act, questioning the constitutionality of its provisions. For example, in 2015, a U.S. Court of Appeals for the Second Circuit ruling held that this bulk collection of telephone metadata under the Patriot Act was illegal. The same public debates and advocacy efforts have also led to legislative reforms, such as the USA Freedom Act in 2015, by which some of the most controversial surveillance practices under the Patriot Act began curtailing, including the bulk data collection program. These ceaseless efforts of the civil libertarians exemplify how dynamic this tug-of-war between national security and individual freedoms truly is. It reflects ongoing debates on ensuring adherence to constitutional principles given today's security environment.[Abbassi, Chafia, and Abdelkrim Mabrouki. "McCarthyism and the Red Scare in America 1919–1954." PhD diss., University Ahmed Draya-Adrar, 2020.] Actions by "We the People" Organizing/Participatin...