User:Cbrenn1/sandbox

Negative Constitionalism

The US Constitution is a premier example of Negative Constitionalism understanding that in the absence of law to the contrary, those freedoms are said to exist, rather than not. Though the US Constitution does provide direction ( positive constitutionalism) regarding how the government is to elect officials and pass laws, the rights of the individuals (in the Amendments) are almost ALL written using the word " no" or "not". Those clarifying the governmental process. ( 12th  ( the use of electoral college), 16th ( allowing for income taxes) 17th  ( clarifing how senators are elected), 20 (presidential term limits), 23 (governance of  Washington DC) and 25th ( Presidential succession) can be described, as once again written as positive constitionalism). The only except to the above statement is the 6th (requiring a speedy trial). All other amendments are clearly written to clarify what the government may NOT do. Actually the first 10 amendments (known as the Bill of Rights) were not included in the original document sent to the states in 1789 as the originators wanted to retain the standard of true Negative Constitutionalism. However, in response to calls from several states for greater constitutional protection for individual liberties, James Madison drafted the Bill of Rights to lists specific prohibitions on governmental power. The author is correct in stating "". I welcome any correction to this understanding...as this is one of teh questins on my final Health Policy and Law course

{Negative Constitionalism{subst:submit}} The US Constitution is a premier example of Negative Constitionalism understanding that in the absence of law to the contrary, those freedoms are said to exist, rather than not. Though the US Constitution does provide direction ( positive constitutionalism) regarding how the government is to elect officials and pass laws, the rights of the individuals (in the Amendments) are almost ALL written using the word " no" or "not". Those clarifying the governmental process. ( 12th ( the use of electoral college), 16th ( allowing for income taxes) 17th  ( clarifing how senators are elected), 20 (presidential term limits), 23 (governance of  Washington DC) and 25th ( Presidential succession) can be described, as once again written as positive constitionalism). The only except to the above statement is the 6th (requiring a speedy trial). All other amendments are clearly written to clarify what the government may NOT do. Actually the first 10 amendments (known as the Bill of Rights) were not included in the original document sent to the states in 1789 as the originators wanted to retain the standard of true Negative Constitutionalism. However, in response to calls from several states for greater constitutional protection for individual liberties, James Madison drafted the Bill of Rights to lists specific prohibitions on governmental power. The author is correct in stating "".