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Accountability in Public Administration
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The Failure of the Constitution to Meet the Needs of a Rapidly Changing Society When the Constitution was written by the 'Founding Fathers back in 1787, they intentionally made it so that it could survive over time. They made it flexable so because they envisaged that there were problems that they could not forsee in the future, these are things such as the Depression of the late twenties and early thirties. 'The Framers' intended for the amendment process to be the main way of updating the constitution and through time this has been evident. An important part of a democratic government is the accountability of those in power, in recent times we have seen the system in America fail, in part this may be due to the fact that the constitution may be outdated. During Bill Clintons' second term of office there were a number of scandals that rocked the White House, the first being the Paula Jones affair. During a hearing about the Paula Jones affair Clinton stated that he had not had "sexual relations" with Monica Lewinsky, this turned out to be a lie and Congress attempted to impeach him. The impeachment failed due to the wording of the constitution as it was based on the fact that they believed he had committed 'a high crime or misdemeanour' but Clintons' lawyers asked for a definition of this and Congress could not give one. This shows that the wording of the constitution was outdated or the constitution was badly worded. There was also a lack of accountability during the Watergate scandal as President Nixon was able to escape with no punishment even though he was part of a conspiracy to commit a felony, all charges against Nixon wer... ... middle of paper ... ...ated in the constitution that all citizens shall bear arms, after a number of atrocities and the significant rise in gun crime, society is begininng to object but still there is no movement on any new amendments in regards to gun laws. The lack of movement may be due to the constitution being outdated but it may also be due to the power that the NRA and other pro gun groups have but we have seen great trides taken through time such as the moves against racism. The constitution was based on what was happening in the eighteenth century and what the 'Framers' envisaged would happen in the future, but there would seem to be the ability within it, due to its flexibility, to change with modern society. Through time we have seen how society has changed and not far behind is the constitution due to the amendment process.
Gordon Wood calls the new Federal Constitution a "radical experiment", and believes the framers of that Constitution to be political radicals, why does he believe so?
You may think that the Constitution is your security - it is nothing but a piece of paper. You may think that the statutes are your security - they are nothing but words in a book. You may think that elaborate mechanism of government is your security - it is nothing at all, unless you have sound and uncorrupted public opinion to give life to your Constitution, to give vitality to your statutes, to make efficient your government machinery. (Brown)
In conclusion, equivalent contentions on the constitution being static or adaptable demonstrates that certain parts of looking at the constitution shows alternate points of view on whether it adjusts to the needs of the Australian public. Subsequently, the general population ought to be mindful of any alterations made or to be made to guarantee the significance and needs of the nation is fulfilled.
The Constitution of the United States is one of the most iconic and important documents of all time. However, when it was first generated, its writing and ratification caused some major concerns. The purpose of the Constitution was to address the great number of issues of a new nation. To be more specific, the Constitution was meant to resolve the political, economic, and social problems of the country. Nevertheless, the document spurred much discussion and concern over people’s rights, the economy, and political corruption.
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?
The United States' Constitution is one the most heralded documents in our nation's history. It is also the most copied Constitution in the world. Many nations have taken the ideals and values from our Constitution and instilled them in their own. It is amazing to think that after 200 years, it still holds relevance to our nation's politics and procedures. However, regardless of how important this document is to our government, the operation remains time consuming and ineffective. The U.S. Constitution established an inefficient system that encourages careful deliberation between government factions representing different and sometimes competing interests.
In this excerpt from Democracy in America Alexis Tocqueville expresses his sentiments about the United States democratic government. Tocqueville believes the government's nature exists in the absolute supremacy of the majority, meaning that those citizens of the United States who are of legal age control legislation passed by the government. However, the power of the majority can exceed its limits. Tocqueville believed that the United States was a land of equality, liberty, and political wisdom. He considered it be a land where the government only served as the voice of the its citizens. He compares the government of the US to that of European systems. To him, European governments were still constricted by aristocratic privilege, the people had no hand in the formation of their government, let alone, there every day lives. He held up the American system as a successful model of what aristocratic European systems would inevitably become, systems of democracy and social equality. Although he held the American democratic system in high regards, he did have his concerns about the systems shortcomings. Tocqueville feared that the virtues he honored, such as creativity, freedom, civic participation, and taste, would be endangered by "the tyranny of the majority." In the United States the majority rules, but whose their to rule the majority. Tocqueville believed that the majority, with its unlimited power, would unavoidably turn into a tyranny. He felt that the moral beliefs of the majority would interfere with the quality of the elected legislators. The idea was that in a great number of men there was more intelligence, than in one individual, thus lacking quality in legislation. Another disadvantage of the majority was that the interests of the majority always were preferred to that of the minority. Therefore, giving the minority no chance to voice concerns.
Right from the beginning of it’s creation the constitution of the United States has been a shaky document. The very basis for it being there was in fact illegal.
The scenes in creation being intellectual, the put together of constitutional democracy was very empirical. The Constitutional Convention was convened to formulate the constitution. What had to be clear was that the only way to assure a functioning constitutional democracy was the public's discussion. In philadelphia the delegates compromised. The outcome was to integrate states with large populations and states with small populations with a bicameral legislative branch. Also compromises that guaranteed say from both slave owning states and non-slave states could be listened to. The Bill of Rights
There are two methods one can use when interpreting the Constitution. The first method includes not doing something unless the Constitution says that one can (i.e. unless the Constitution says one can do something, then one cannot). The other is where one can go ahead and do something if the Constitution doesn’t say one can’...
The current Constitution that we have was not our founder’s first attempt at establishing a government. The Articles of Confederation lack a practicality that our founders knew was necessary for our society. A comparatively stronger central government than was present under the Articles of Confederation was requisite, a central government that would solidify the union of the States. This phrase is also a manifestation of their resolve to continue to search for ways to advance and improve society, as is empirically evident by the process to amend the Constitution, which they included.
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.
...rage American to purchase a handgun are being presented to our legislation. Although most are turned down most bills are aimed toward handguns.(Clint Best)
The worries of yesterday Eventually, we will have a tyranny without a strong, trustworthy constitution. We do not want to recreate exactly what the colonists were trying to avoid and escape from, which was tyranny. Tyranny refers to when a person has a lot of power, and has a lot on their hands, having complete control, and total control. In 1787 a group of delegates from 12 of the 13 states goes together to try to better the country.
The purpose of a revolution is to bring forth change in government and political standing. There has been revolutions happening throughout the course of history. The opposite of a revolution is a counter-revolution. A counter-revolution is revolution against a government recently established by a previous revolution. One particular culprit to the counter revolution is the United States' Constitution. This document is debated to be counter-revolutionary while still keeping the fundamental principles of the American Revolution alive. There is definitely proof for both arguments. Therefore, the U.S. Constitution was both a counter-revolutionary document and an extension to the American Revolution.