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    Order-Liberty Tension

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    1. What is the Order-Liberty Tension? There have been various attempts to resolve this tension. Describe one: the U.S. Constitution of 1789.

    2. It can be argued that the apparently clear promise of the 14th Amendment that the Federal government was to be the guarantor of individual rights in the states has never been fully realized. Why? Discuss fully.

    3. Explain how the Preamble to the Constitution, the Declaration of Independence, the Emancipation Proclamation and the Gettysburg Address were instrumental to the formulation, passage and ratification of the 14th Amendment

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    https://brainmass.com/law/criminal-law-and-justice/order-liberty-tension-530048

    Solution Preview

    1.
    The Order-Liberty Tension is the attempt of the government to provide law and order while also respecting the liberties and freedom of the citizenry. This has been an ongoing struggle throughout the history of the United States, but the constitution has provided a blueprint on how to achieve this order. The constitution has been provisions in place that enable the protection of citizens while also upholding the tenets of the law. Amendments that respect the due process of citizens, prevent the use of troops against citizens, and allow for citizens to exercise their freedom of speech, are all various protections that protect the liberties of citizens. Any society is governed by a social contract; this contract is the recognition that to live in society, the citizens must abide by the laws of that society. The United States constitution is unique because it was the first country to explicitly provide protection of liberty and freedom of its citizens while also outlining the laws that were ...

    Solution Summary

    The expert defines order-liberty tensions. The various attempts to resolve the tensions are given. How the preamble to the Constitution, the Declaration of Independence, the Emancipation Proclamation and the Gettysburg Address are determined.

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