"Free Construction is the belief that the Constitution is a dynamic and living document that must change as the nation develops" Free Construction in general words is a free interpretation of the constitution by the judges and jury, but in most cases the judge because he has the final say on what happens in a case. The constitution was promulgated by our founding father in 1787, the constitution consists of rules and laws to maintain order and justice and for the protection of the people. It also involves a person's natural rights in court and out of court. It's been decades since the United States Constitution was written and ratified, but we're still following what it says. There are some parts of the constitution that are morally correct but there are also some that simply do not follow 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 held strict constructionist views. President Washington Secretary of State Alexander Hamilton planned a Bank of the United States, this bank would be powerful and the major shareholder would be the US government. The federal Treasury would deposit the excess money, boost business expenses, and print paper money so it could obtain the needed hard national currency. Thomas Jefferson did not like this new plan created by Hamilton, he thought there was no authorization within the constitution. Jefferson was Hueramo 2 sure that laws not given to the Central Powers were given to the states as proclaimed by the Tenth Amendment. This is why Jefferson thought the powers not vested in the central government…were just paper…and set the stage for more court cases to come. Due process is the right 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 to be tried fairly in the justice system and with peremptory challenge they have the right to have a fair juror which makes the accused safer during the trial. In the case Hernandez v. Texas Pete Hernandez, a farm worker, was charged with the murder of Joe Espinoza by an all-white jury in Jackson County, Texas. In this case, Pete said it wasn't fair for Mexican-Americans to be excluded from the jury. Pete Hernandez had the right to have a peremptory challenge that he followed up on. Due process is a process that continues to be ratified because it does not follow the same rules as when it was first created.
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