Patrick Ramos

10-1758

Second Paper

November 16, 2016

Dr. Mariano

There can be a variety of Constitutions established by a society around the world. This means that
some societies have different governments, systems, processes from other societies. However the author
of this paper has a stand that the only Constitution that is effective in a democracy is one that is geared
towards the good of the people. The author will limit his paper to democratic governments and exclude
other forms.
First off, Constitution is one that is organic and one which comes from the people. It is more than
a mere document but it signifies the giving up of freedom by individuals in the society in order for them
to be governed as a whole. It is organic because it can be changed by the people as time passes in order to
properly fit into the circumstances of the present time. In order to keep the Constitution in check, one
would have to note some important principles in law. These principles are that no one is above the law
and that no one may be punished unless there is a law punishing such act. With these principles in mind,
one can set up a Constitution which will ultimately govern the society.
The good of the people is the preservation of mankind. This is the respect for life, liberty and
property of every individual. From this, one will come up with a system of judicial process. This is where
a person cannot be convicted of a crime without granting him an opportunity to defend himself. This will
prevent the arbitrary application of power by the State unto its citizens. It is only in certain cases where
the State can go against the preservation of mankind, but even in this instances, the sole purpose must be
to enforce the preservation of mankind.
The argument of the author of the paper is that a Constitution geared towards public good will
lead to an easier enforcement of the laws. In the Constitution presented by the author, the individuals in a
society voluntarily gave up their own freedoms in order to be governed by the State. They gave up their
freedoms in the hopes that they will be left in a better condition with regards to the protection of their
rights, life and property. No person will give up his freedom in order to be placed in a worse condition.
The voluntariness of the giving up of the freedom by a person means that he believes in the Constitution,
in the law, that he set up, and wants to be governed by it. As long as a subsequent law is in conformity
with the Constitution, he will follow it. It may also be out of fear of the repercussions which would occur
if he does not follow, nevertheless, he follows the law and the Constitution. This will lead to an easier
time enforcing the law from the point of view of the State.
The State has unlimited power of its citizens. However, the State powers can only be limited by a
series of checks and balances provided in the Constitution. It can also be limited by providing an end goal
which it should achieve otherwise the execution of its power would be arbitrary and improper. Ultimately,
the greatest power of in a democracy need not be the Constitution but it is the people in the society. They
are the ones who set up the Constitution, set up the government, the processes by which they will be
governed as a people. According to the various articles read by the author, he believes that a Constitution
aimed towards the preservation of mankind which is essentially one aimed towards public good is the
only effective Constitution in a democracy.