301 forum and 3 responses 1

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Please read the fact pattern below and answer the following questions:

Imagine you are a leader in a post-colonial African country and you are considering what type of constitution your country should adopt. You are excited about independence, but your country faces several challenges. The country has an oil-rich region in the north and a number of large cities in the south. The population is divided into three ethnic groups. One group makes up 50% of the population and dwells in the oil-rich north of the country. The second largest ethnic group makes up 47% of the population and this group predominately, but not exclusively, lives in the cities in the south. The third ethnic group makes up 3% of the population and cooperated with the colonizers.

Prior to colonization, the three groups did not live in one unified country. During colonization, tensions emerged among the three groups. A brief civil war developed immediately after colonization. Fearing retribution for cooperating with the colonizers, the ethnic group with 3% of population allied itself the majority ethnic group. The majority ethnic group with its allies emerged as the winners of the civil war.

If you want to maintain stability in the country, would you recommend that the country adopt a constitution similar to the United States Constitution, the British Constitution, or another type of constitution? What would be the essential elements of your country’s proposed constitution?

Some things to ponder: What are the pros and cons of possessing a written constitution like the United States? Are there

If your last name begins with M – R, please play the role of the ethnic group making up 47% of the population. What is your position on the above questions and why?

After you have answered these questions respond to at least 3 student’s postings. Respond to students who have offered a different perspective or opinion than yours. Be sure to ask thought-provoking questions of your classmates to further and deepen the discussion.

You should respond to 3 or more posts. This can be accomplished by

· Validating with additional evidence from the literature.

· Posing a thoughtful question with commentary which generates further discussion.

· Providing an alternative point-of-view, with evidence and examples.

· Offering additional insight into how the concept might be understood, with evidence provided with real world examples.

RESPONSES:

Christopher:

Professor Sherman & class,

The year is 1963, I am the handsome and charismatic leader of the African country of Kenya and as Bob Dylan new release states: The times they are a changing. Since the latter part of the 19th century, England ruled our land, but now after sixty-eight years of British rule Colonialism has ended. I am now feeling an enormous amount of pressure from the people to maintain stability in the country and provide prosperity (Colonialism in Kenya, 2012). My first order of business is to see to it that the people are provided with a constitution, but I am not quite sure where to even begin, so allow me to work it out.

Much like the creation of the United States Constitution, I would anticipate the creation of a Kenyan Constitution to be an arduous process that requires intensive cooperation and tremendous creativity. Perhaps analyzing the already existing constitutions of powerful nations like the United States or even Great Britain’s would provide some valuable insight. Like the United States framers, I too wish form a “perfect union” filled with tranquility and provisions. The U.S Constitution is simple and to the point consisting of a preamble and seven articles. The first three articles just lay out the three main branches of government: Legislative, Executive, and Judicial. The remaining articles speak to the relationship between the states and the Federal Government, makes the point that the Constitution is now the supreme law of the land, and a couple of other housekeeping items like the ratification processes (The Constitution, 2016).

The British Constitution, while similar to the United States Constitution, does have a few vast differences. Mainly, there is no one single document that defines their Constitution. In fact, amongst the sources are the Magna Carta of 1215 and the Act of Settlement of 1701. Otherwise, major changes and/or decisions are made by a simple party majority vote in Parliament. The British way seems a bit risky and dangerous to me, and they do not have a Bill of Rights like the United States. All in all, I see no advantage to the British way for it could lead to less individual freedoms and rights for the people if the wrong people are in power at any given time (The British Constitution, 2015). Therefore, I will adopt a Constitution for the people of Kenya that closely mirrors the United States Constitution.

The Kenyan Constitution will have many of the same elements, if not all. The three equal branches of government, with me at the helm of the Executive Branch of course, and a system of checks and balances to ensure no one branch gets too powerful. The one negative to this system that I can see from observing the United States is that sometimes nothing gets done. This seems to be because the idea of bipartisanship is rarely seen in the House of Representative and Senate, but I fail to see a better alternative (The Constitution, 2016). Now I would to give the podium to one of our citizens, Bob.

Hi! I am Bob and am I extremely excited by the newly proposed Kenyan Constitution. As a minority member of this country I am mostly excited by the Bill of Rights. The thought that my family and I can worship as we see fit, possess a firearm to protect my family or hunt for food, and feel safe within my home without fear that the government will burst in during the middle of the night, makes me feel so grateful to be live in this great country. I love this country and I love Bob Dylan.

Kenya forever!

Chris O’Neill

References

Colonialism in Kenya. (2012). The Center for Media and Democracy. Retrieved from https://www.sourcewatch.org/index.php/Colonialism_in_Kenya

The Basis of Constitutional Law. (2020). Retrieved from https://edge.apus.edu/access/content/group/security-and-global-studies-common/Universal/LSTD/301/elf/lesson-1/elf_index.html

The Bill of Rights: A Transcription. (2019). Retrieved from https://www.archives.gov/founding-docs/bill-of-rights-transcript

The British Constitution. (2015, May 27). Retrieved from https://www.historylearningsite.co.uk/british-politics/the-british-constitution/the-british-constitution/

The Constitution: What Does it Say? (2016). Retrieved from https://www.archives.gov/founding-docs/constitution/what-does-it-say

Rafael:

As the leader of this post-colonial African country, I find that our nation is at a tipping point in its history and we have the chance to project it onto a great path. Countries with global impact are run with constitutions in place. I have learned of and reviewed the many types of constitutions that are emplaced in other countries. Though there are many types of constitutions listed, countries can implement a constitution that align with more than one category of constitution. For example, two of the greatest military powers in the world have complete different constitutions.

Britain was first established in the year 927. This ancient country has continuously operated on a constitution that is uncodified and parliamentary in nature. The United States of America broke away from Britain rule in 1776 and created a constitution that is celebrated by her people. The United States operates off a completely different constitution that is both codified and presidential in kind.

The reason for drafting a codified constitution is usually associated with the time in which a particular State is formed or associated with a major change that has taken place at national level. For instance, Italy drew up a new constitution in 1948 and Germany did the same in 1949 following their defeat in World War II and also to mark the destruction of their previous regimes (Teacher, Law, 2013).

A written constitution is not without flaw. The language of today may not be interpreted the same in the decades and centuries to come. The ability to change the constitution will be challenged at every level. However, I find that it is the best option for our people at this time due to needing direction, a way to bring the many ethnic groups together and give buy in to all interested parties.

I am in favor of having a government similar to that the United States of America establish. That form of authority provides checks and balances throughout. It also provides a vote for each citizen. However, I would insist on term limits not to exceed two consecutive terms at all levels of government. Hopefully this will minimize corruption and temptation.

We will have a summit with all the leaders of the ethnic groups to give voice during an in-depth discussion. After an outline of all topics that need to be embedded into the constitution, we will ensure that there is a way for the constitution to be challenged in the future.

Thank you all for taking the time to read this and I look forward to your feedback.

Kindly, Rafael

References:

Teacher, Law. (2013, November). Different Types of Constitution. Retrieved from https://www.lawteacher.net/free-law-essays/constit…

Once another person post i will send it to you 🙂

 
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