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  • Essay / Loose Building Essay - 2036

    "Loose Building is a belief that the constitution is a living, dynamic document that must change as the nation develops" Loose Building in general terms is a loose interpretation of the constitution by the judges and the jury, but in most cases it is the judge, because he has the last word on the course of a case. The constitution was framed by our founding father in 1787. It is made up of rules and laws aimed at maintaining order and justice and protecting the people. It also involves a person's natural rights in and out of court. It's been decades since the U.S. Constitution was written and ratified, but we still follow what it says. Some parts of the constitution are morally correct, but there are also parts that simply don't fit modern times. Free construction began its origins in the early 1790s with one of the first free constructionists, Alexander Hamilton, who was also a Federalist, and Thomas Jefferson, who was anti-Federalist and had views on strict constructionism. President Washington, Secretary of State, Alexander Hamilton, designed a Bank of the United States, this bank would be powerful and the largest shareholder would be the US government. The federal Treasury would deposit excess money, boost business spending, and print paper money so it can obtain the strong national currency it needs. Thomas Jefferson did not like this new plan created by Hamilton, he thought there was no authorization in the constitution. Jefferson was sure that laws not given to the central powers were given to the states, as the Tenth Amendment proclaimed. This is why Jefferson believed that powers were not granted to the central government... middle of paper ... well, and he set the bar for other court cases to come. Due process is the rights we have in court, and as these two cases explain, peremptory challenge is a right we have as a defendant. Due process has helped convicted people receive a fair trial in the justice system, and through a peremptory challenge, they have the right to a fair juror, making the accused safer during their trial. In Hernandez v. Texas farm worker Pete Hernandez was indicted for the murder of Joe Espinoza by an all-white jury in Jackson County, Texas. In this case, Pete said it wasn't fair that Mexican Americans were excluded from serving on the jury. Pete Hernandez had the right to have a peremptory challenge which was implemented. Due process is a process that continues to be ratified because it does not follow the same rules as when it was created..