THE CONSTITUTION OF UNITED STATES OF AMERICA AND ITS PATH TO DEMOCRACY THROUGH ITS AMENDMENTS

Etleva Paplekaj ()
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Etleva Paplekaj: Faculty of Law, University of Prishtina, Kosovo

Perspectives of Law and Public Administration, 2020, vol. 9, issue Special Issue, 4-15

Abstract: The United States of America defined the national purpose in the first two words of its Constitution. The United States of America is the state where the rulers have gained the authority to speak, to act on behalf of 'We the People'. 'We the People' was the philosophy of the 'founding fathers' of the Constitution of the United States of America. 'We the People' was the theory, the attitude that would serve as a guiding principle of governance. For the 'Founding Fathers', the two-word phrase 'We the People' was a creed, a doctrine, an ideology in action and not in words. The history of the Constitution of the United States of America taught us that ‘We the People’ which was converted to myth deserve this conversion. Through this research, keeping in mind the content and the historical background of the U.S Constitution we will elaborate and answer the below questions. How is it possible for the Constitution that began with 'We the People' it did not list the fundamental rights and freedoms but also denied the fundamental rights and freedoms of the individuals (people)? How are explained the slavery, the denial of citizenship, the restrictions of the right to vote for different groups of American society of that time? Was there any purpose for the deprivation of the fundamental rights and freedoms of the individual in the Constitution of the United States of America? Did the Constitution of the United States of America at the drafting time recognize the right of women to vote? Through this article we will try to shed light on this seemingly contradicts between the myth of the Constitution of United States of America and the ‘denied’ or ‘unforeseen’ fundamental rights and the role of the amendments of U.S. Constitution in this process.

Keywords: Constitution; historic development; review of constitution; amendment methods; amending subjects. (search for similar items in EconPapers)
JEL-codes: K10 K38 (search for similar items in EconPapers)
Date: 2020
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