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How does the Constitution balance the conflict between liberty and order?

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shannac21 | Student, College Freshman | eNotes Newbie

Posted February 11, 2012 at 3:44 AM via web

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How does the Constitution balance the conflict between liberty and order?

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pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted February 11, 2012 at 4:00 AM (Answer #1)

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The Constitution balances this conflict by giving the government a great deal of power but, at the same time, limiting what it can use that power for.  The Constitution sets limits on what the government can do.  Some of these limits are in the original Constitution (no bills of attainder or ex post facto laws, guarantee of habeas corpus) while others are in the Bill of Rights (no searches without warrants, guarantee of jury trials).  By setting these limits, the Constitution tries to ensure that the great power of government (which is needed to keep order) will not be allowed to threaten liberty excessively.

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