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Conclusions on checks and balances
Separation of checks and balances
Conclusions on checks and balances
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ur government and adequately protect the right of its citizens. How un-American? How contrary to the purpose of this document? The founders envisioned a nation where the people could feel safe, secure, and empowered by their government, but this is not the case. Instead, there are entire generations of people now who have contented themselves with their ever growing and ever more powerful government. The amendment process has another glaring error that is not often discussed, but still holds a notable amount of significance. All amendments must pass through the Congress, which means that their bias will always be able to supersede the wishes of the American people (Rappaport 2010). Thus, any amendment that attempts to restrict federal power, increase state power, or otherwise subvert the power of Congress is likely to be an exercise in futility. This does not fit with our principal of checks and balances; there is no clause that allows states to go over the heads of Congress if they prove to be unwilling to pass an amendment that should otherwise see fruition. …show more content…
In its original form it indirectly allowed and protected slavery, and although it has been changed, the fact remains that it is imperfect and requires reconsideration and possibly revision as time goes by. The problem is that there is not an easy way to perform this maintenance, which results in it becoming an outmoded and immutable piece of writing. In his book, “Our Undemocratic Constitution”, Sanford Levinson (2006) discusses at length the increasing disparity between the text of the Constitution and our modern idea of what democracy truly is in today’s society. Once again proving, and actually urging for, a need to be able to manipulate the Constitution on a scale that we are not able to in the status quo. The people of the United States want change, and they want tangible change, which is something Article V
From five states arose delegates who would soon propose an idea that would impact the United States greatly. The idea was to hold a meeting in Philadelphia called the Constitutional Convention in 1787 meant to discuss the improvements for the Articles of Confederation and would later be called the United States Constitution. The United States Constitution was greatly influenced by Ancient Rome, the Enlightenment, and Colonial Grievances.
Sixteenth Amendment- Authorization of an Income Tax – Progressives thought this would slow down the rising wealth of the richest Americans by using a sliding or progressive scale where the wealthier would pay more into the system. In 1907, Roosevelt supported the tax but it took two years until his Successor, Taft endorsed the constitutional amendment for the tax. The Sixteenth Amendment was finally ratified by the states in 1913. The origin of the income tax came William J Bryan in 1894 to help redistribute wealth and then from Roosevelt and his dedication to reform of corporations. I agree with an income tax to pay for all of our government systems and departments, but I believe there was a misfire with “redistributing wealth.” The redistribution is seen in welfare systems whereby individuals receive money to live. This is meant to be a temporary assistance, but sadly, most that are in the system are stuck due to lack of assistance in learning how to escape poverty. There are a lot of government funded programs, but there is no general help system to help lift people up and stay up, so there continues a cycle of
The above statement is somewhat mind-boggling. It is something that a revolutionist might have coined over 200 years ago and it leaves much to the imagination. It is about as close to being treasonous as one could get without actually committing the crime. The former Vice-President Albert Gore once stated that "the constitution was a living breathing document, open to change". His statement was quite controversial and it definitely created a stir with the patriot-cult crowd. Why would anyone want to scrap the entire Constitution of the United States of America? Has someone come up with a more impressive document that better signifies what this country is all about?
Through the years many changes have taken place, and technologies have been discovered, yet our Constitution remains. Some say that the Constitution was written for people hundreds of years ago, and in turn is out of step with the times. Yet its principals and guidelines have held thus far. The framers would be pleases that their great planning and thought have been implemented up until this point. However this does not compensate for the fact, that the we the people have empowered the government more so than our fore fathers had intended. Citizens were entrusted with the duty to oversee the government, yet so many times they are disinterested and only seem to have an opinion when the government’s implications affect them. As time has changed so has the American people, we often interpret our freedoms in a self serving manner, disregarding the good of the whole and also the good for the future. Thus there are no true flaws in the Constitution, it appears that the conflict emerges in the individual and their self, and poses question when we must decide when to compromise the morals that our Constitution was founded on, or when to stick to what we know is right and honest.
This amendment was created during the reconstruction phase attempting to reunite this country after the brutal battles of the Civil War. Henretta and Brody emphasize how the Republicans were progressing in a direction to sanctify the civil rights of the black community. These authors contend the vital organ of the document was the wording in the first section. It said “all persons born or naturalized in the United States were citizens.” No state could abridge “the privileges or immunities of citizens of the United States”; deprive “any person of life, liberty, or property, without due process of law”; or deny anyone “the equal protection of the laws.”2 Imagine the problems that could arise in the country if repeal were to come to a realization. Henretta and Brody point out how the wording in section 1 of the document was written in a way that could be construed as inexplicit. The reason for this was for the judicial system and Congress could set an example for balance in due process here in the
An argument against the 22nd is that it deprives voters of their right to reelect the candidate of their choice which is seen as undemocratic. It does not deprive citizens of their right to elect, because the Electoral College negates that argument. The Electoral College is a body of people representing the states of the US, who formally cast votes for the election of the president and vice president1. This is not based off the popular vote, which is from the people. The people can vote for a person and give them a significant number of votes but the electoral may not chose that person as president. The amendment was not created to
“The law on the side of freedom is of great advantage only when there is power to make that law respected”. This quote comes from Fredrick Douglas’ book, Narrative of the Life of Frederick Douglass, an American Slave, written in 1845. Fredrick Douglas who was born into slavery in 1818 had no understanding of freedom. However, his words shed light on the state of our country from the time he made this statement, but can be traced back fifty-eight years earlier to when the Constitution was drafted and debated over by fifty-five delegates in an attempt to create a document to found the laws of a new country upon. However, to eradicate the antiquated and barbaric system of slaver would be a bold step to set the nation apart, but it would take a strong argument and a courageous move by someone or a group to abolish what had enslaved thousands of innocent people within the borders of America for centuries. There was an opportunity for the law to be written within the Constitution, which would support this freedom Fredrick Douglas alluded to. However, the power, which controlled this law, would as Douglas stated, “make that law respected”.
The two factors that shape the Constitution as being pro-slavery: the necessity of the slaveholders to protect their private property by the means of the law and the limited support of the North for the abolition at the time of the drafting of the Constituti...
The Constitution is the foundation of our county it represents liberty and justice for all. We are able to live freely and do, as we desire because of the constitution. The constitution was, signed September 17, 1787 at the Constitutional Convention in Philadelphia. It took time and many debates were held before an agreement was achieved in both the drafting and ratification of the constitution. These disagreements came with several compromises before the constitution was fully ratified on May 29, 1790, with Rhode Island being the last and the thirteenth. The First, challenge was the Articles of Confederation; it was a sort of a draft of the Constitution but was weak and inadequate. Second, obstacle was the Anti-Federalists fight for more
Considering the Constitution excludes the four groups which make-up a majority of America during the time; women, slaves, indentured servants, Native Americans and men who have no land, how can one regard the constitution as a democratic document? Although the Constitution excluded a majority of its citizens and was founded by elitist framers, because it is a document that depends solely on the interpretation of its reader, it has progressed overtime. As Madison notes, it is our diversity that unites us as a nation. Without the Constitution, perhaps I wouldn't even have had the opportunity to write this essay and question my country's Constitution.
Since the advent of human government, one of the principle fears held by the constituents of the government has always been to prevent any form of tyranny or abuse within it. Tyranny can be loosely described as one person or a group of people having total power in a government leading to the subjugation and oppression of people’s rights. Many new nations wish to eliminate any aspect of their government that may eventually lead to tyranny. The United States was no different in this respect; the framers of the Constitution longed to have no signs of tyranny in their government because they had gone to war with Britain for that very reason. In 1787, a group of fifty-five delegates came from throughout the states to meet in Philadelphia to discuss the problems with the current government. The existing Articles of Confederation posed a monumental problem for these individuals; they recognized that the central government was almost entirely powerless under these articles. Besides this, another problem was that the government lacked a court system or a chief executive. The central government did not possess the power to tax the states either. These problems warranted change which prompted these men to get together. This new constitution they were to create was supposed to guard the people against all kinds of tyranny whether it be of a few, the many or majority, or even a single individual. This seemed virtually insurmountable a task to accomplish but was ultimately achieved. The Constitution guards against tyranny by having a central and state government that cannot overrule or have more power over the other, establishing the separation of powers to keep anyone from abusing it, and having a sys...
In 1787, The United States of America formally replaced the Articles of Confederation with a wholly new governing document, written by the delegates who attended the Constitutional Convention in Philadelphia. This document, known as the Constitution, has served as the supreme law of our land for the past 228 years. It has stood the test of time and a majority of Americans still support it today (Dougherty). The Constitution was designed in a way that allows for it to be amended, in order to address changing societal needs. Article V discusses the process by which the Constitution can be altered. This feature has enabled it to stay in effect and keep up with current times. The Constitution should not be rewritten every 19 years because it would not only weaken its importance, but it would also hurt foreign relations and continuously rewriting it would give political parties too much power.
The Founding Fathers limit the power of government in the Constitution utilizing many different tactics, many more than even the aforementioned. Their main intent was to make the nation less democratic and to keep the government small. The Constitution has accomplished the Founding Fathers' goal until now, and will hopefully continue doing so in the future.
Of the 55 delegates sent to the Constitutional Convention, only 39 signed the completed document. Some did not even stay through the entire event because they felt it was headed in a direction that they could not support. These men had different reasons for their objections, some of which are discussed in this paper, but most importantly, they felt that the Constitution would threaten Liberty rather than secure it. The ratification of the Constitution was an essential first step to secure and stabilize this new national, but the voices and views of the Anti-Federalist were also very important. The first amendments to the Constitution, including the Bill of Rights, were due in much part to satisfy those voices and established many of the rights that we still hold dear today.
The Constitution or “the supreme law of the land”, as stated in article six in the constitution is very complex. It is complex not only in its actual text full of ambiguities and vagueness, but it becomes more complex when used in practice and interpreted. Constitutional interpretation is significant because it is what decides what the constitution actually means. Constitutional interpretation is a guide judges use to find the legal meaning of the constitution. The interpretation of the constitution and amendments can make a big impact on outcomes. In our government and Judiciary, we see commonly see originalism being used to interpret the constitution and amendments, but there