A theory of American culture to an understanding of the Constitution traces its roots back as far as the first Pilgrims and their cessation from Europe because of the unity between Church and State and the practice of one religion. People began to feel the final glimpse of freedom that brought about the cessation from England being that of the order placed upon the people to conform to one religion through one book called The Book Of Common Prayer. At that time, there was the practice of one religion, such practice was not enforced and people felt that they were free to exercise whatever religion they chose to.
There were no laws back then in the criminal sense that would charge people for not exercising one religion and even more there were no laws forcing people to any one book, or common theory. The Book Of Common Prayer set in stone the language, theories and concepts for which all of England was ordered to obey. The struggle from oppression into a world of strict and liberal construction arose out of English “Common” law or an understanding of law based on common beliefs, ideologies, rules and principles.
This was the foundation of American law being an understanding that in general law will change with the times, beliefs, societal norms and politics. Though the politic is made up of a unified state government each with their own laws they are governed by a higher federal law that being the law applied to every state. Federal law includes the US Constitution but also federal statutes, case law, legislation, rules, mandates and principles. They all are not absolute even the US Constitution. After research there is known in the Federal and State laws a blending of law and equity , equity being anything within reason.
This shows that nothing is strictly construed and everything is interpretable as liberal and within reason and according to sound and prudent judgment. There are no absolute rights because one mans freedom may be another man’s imprisonment and there are so many different circumstances, potential outcomes and scenarios that no one right can be absolute in comparison to another man’s opposing absolute rights. THE FOUNDATION OF THE US CONSTITUTION IN 1776 The US Constitution which was formed by James Madison and Thomas Jefferson was the pivotal document of American rights, liberties, privileges and immunities.
It guaranteed to every person the right to the pursuit of happiness, equal protection under the law, and free exercise and enjoyment of ones own personal and religious thoughts and behaviors. The beginning of any government whether it be by charter, compact, declaration or Constitution has to set it’s course in certain essential established freedoms. The understanding of religion is the understanding of government and the understanding of government is the understanding of religion. They go hand in hand.
If you live in a communist society basically the practice of religion and personal rights, freedoms and protections there is non-existent as religion would found the basis for society and people’s freedoms, rights, practices, customs, and principles. In a communist society government dictates religion because the oppression and rule is so great that the free exercise of one’s own thoughts, religions and behaviors are proceeded by governmental standards, guidelines and governmental punishments.
There is no liberality just strict interpretation and conformity to governmental agendas and prerogatives. Religious practices promote the foundation of all freedoms and self-government, a conformity to God only and if warranted punishment by only a higher power. There are very few religions that believe in punishment by a governmental figure in the criminal sense other than God especially one’s founded on the principles of Jesus Christ being a “Savior” and eternal forgiver and having died for and atoned our sins.
He is the eternal peacemaker and in such practices leniency and understanding and interpretation of uncivil or unlawful acts though is more a religious icon for mediation, liberality, forgiveness, and like with the US Constitution a form of concordance and precept. Again, the establishment of freedom of religion and speech in the US by the First Amendment is not without its limits just as any government restricts freedoms and rights when it negatively affects a custom, peace, person, property or society. This can be seen in Oliver Wendell Holmes Jr’s opinion in Schenck v. United States in 1919.
He stated there is a limit to all rights like that on speech that create disorder, clear and present dangers, and acts one knows or should know violate established principles and law. His example was the shouting fire in a crowded theatre legal theory . The framers of the US Constitution intended the document and all laws to be interpreted liberally and within reason and according to the dictates of what is right, truthful and reasonable. Without liberality and seeing everything being strictly construed as absolute there would be so much disorientation and confusion between different laws, circumstances and past precedents.The intent of every civil society is to take everything in stride and to evolve with the times.
1. Schenck v. United States 249 US 49, 1919 2. US Constitution, 1776, www. law. cornell. edu/constitution/constitution. overview. html 3. The Book of Common Prayer, 1549, Church of England (1957) 4. American Bar Association, How the Court Works; Courts and Legal Procedure: http://www. abanet. org/publiced/courts/courtslegal. html 5. National Center for State Courts, http://www. ncsconline. org 6. http://www. maxwell. syr. edu/plegal/scales/court. html