A constitution is a set of rules and regulations which determine the relationship between the three branches of government; between the central government and the regions or states and between the political system and the citizen. The most famous such constitution is that of the USA which is a codified constitution written in 1787 and only amended 27 times since, or 17 times if we include the first ten amendments, the Bill of Rights which was ratified by 1791, as part of the original document. The same principles of a separation of powers, checks and balances, federalism and entrenched rights which dominated the constitution 200 years ago dominate it still. However it could be argued that in crucial ways the constitution tells us little about how US politics actually operates.
The three branches of the Federal Government of the USA - the legislature, the executive and the judiciary are totally separate. No one is allowed to be a member of more than one branch. Thus when Obama offered Clinton the post of Secretary of State she had to give up her seat in the Senate. The same applied when in 1989 Bush made Cheney, a member of the House of Representatives, his Secretary of Defence. When the Democratic ticket was elected Biden had to give up his Senate seat to become Vice President. As VP he notionally presides over the Senate but he is not a member of it. In practice he does not even do the presiding, the President pro tempore does. The VP only votes if the Senate is tied as with Cheney in the first few months of 2001, until Jeffers defected. Each branch continually checks and balances the others. The President may suggest Bills as with Bush and the privatisation of social security in 2005 only to find Congress rejecting it. The President may veto a bill only to have Congress overturn it as happened to Bush in November 2007. The Congress declare war but the President wages war. The President suggests a budget but the Congress may refuse to pass it as with Bush in 1990 and Clinton in 1995. The Congress determines the number of Judges on the Supreme Court and it decides which Government Departments to create as with Homeland Security after 9/11. The President nominates to the Federal Judiciary and to the Executive branch but the Senate may reject them as they did with Bork in 1997 for the Supreme Court and John Tower in 1989 for the Bush Cabinet and Zoe Baird in 1993 for the Clinton Cabinet. The aim of all of this is to avoid a concentration of power whether it be an Imperial Presidency, an over powerful Congress or an Imperial Judiciary and it could be argued that this aim has been achieved.
In 1787 the Founding Fathers compromised between a unitary state and a Confederate one and created the Federal system of government which survives to day. Then there were 13 states, today there are 50 with their own political systems, their own laws, their own constitution and their own judges including State Supreme Courts. The rights of the states are guaranteed by the 10th Amendment, the reserved powers. Each state provides its own form of welfare ranging from generous in Wisconsin to miserly in Alabama. Some states, mostly in the South, use the death penalty, most states do not. Some states make it harder for a woman to have an abortion than others. Some have a state income tax, others eg Florida, do not. Wherever they live all US citizens enjoy entrenched rights which the Supreme Court upholds through judicial review. As William Story points out Brown v Board in 1954 saw the Warren Court rule segregation unconstitutional; Roe v Wade in 1973 saw the Burger Court prevent states from banning abortion and Lawrence v Texas in 2003 saw the Rehnquist Court uphold the rights of homosexuals. The Pentagon Papers case 1971 upheld freedom of the press; Engel v Vitale 1963 banned school prayer; Miranda v Arizona 1966 upheld the rights of suspects; Bakke v University of California in 1978 upheld the rights of a ‘victim’ of affirmative action.
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central government, so were therefore nearly completely replaced by the Constitution, which more specifically outlined powers of the government. The weak and ineffective Articles resulted in the Constitutional Convention meeting in Philadelphia on May 25, 1787 to create a new form of government. A total of 55 delegates from 12 of the 13 states, with the exception of Rhode Island, worked to create the Constitution. The Constitution changed the structure of the government, stabilized the economy and reformed…
David Kline Hist. 471 U.S. Constitution The U.S. Constitution is the single greatest document in United States history. On September 17, 1787 the almost forty five hundred word document was written. Of those forty five hundred words, fifty two of the make up the Preamble. The Preamble of the Constitution breaks down the Constitution and what it is meant to accomplish. The original plan was for the Continental Congress to meet in 1787 in Philadelphia to amend the Articles of Confederation. During…
American citizen I encourage, the rest of you to help empower our county by creating a new and improved United States Constitution. The United States Constitution is known for being the oldest Constitution still in effect today. It is true that the Constitution is the cause of our country being the great country it has become, however as we continue to live day to day, we can see that the same Constitution is the cause of many political equality and detractions for democracy within our government. Body:…
Constitutional Convention and The Constitution The Constitutional Convention held in Philadelphia on May 14, 1787, is one of the most, if not the only, important meeting in American history. The Constitutional Convention produced the single most surviving written document ever created by some of the greatest and influential minds of the time, the Constitution of the United States. The men who attended the convention created a document that has shaped and formed the United States government of today. Without…
Research Paper #1 The original constitution may not have intended to, but did in fact, create a hyperplurist government. The national government was designed to represent a wide variety of interests, yet failed to give the necessary incentives for bargaining and compromising. While this hyperplurist system allowed for freedom, it provided either equality or stability. The new constitution would lead to conflict. The problems of the eleven years before the constitution would lead men who very much…
Confederate States? 1 Was the North justified in declaring war on the Confederate States? Introduction: The American Civil war was arguably the single-most defining event in United States history to date. From the time of the Articles of Confederation, to the creation of the Constitution and leading up to the American Civil war, two fundamentally different convictions divided the country. The North believed that slavery should not extend into any new territories or states and ultimately…
authority conferred by law or by a state or national convention. Legitimacy has increased through the Constitutional Convention because the succeeding administrations of George Washington, John Adams, and Thomas Jefferson were preoccupied with disputes over the kinds of decisions that were legitimate for the federal government to make. This convention was called to revise the Articles of Confederation which were weak. Four months later a whole new constitution was written. The protection of life…
population or all the eligible members of a state, typically through elected representatives. 2) Autocracy- A system of government by one person with absolute power. 3) Nation-State- A political entity (a state) associated with a particular cultural entity (a nation). 4) Nation- A large community of people who share a common language, culture, ethnicity, descent, and/or history. 5) Confederation- An organization that consists of a number of parties or groups united in an alliance or league. 6) Aristocracy-…
permanent legislative panels established by the United States House of Representatives and United States Senate rules. (House Rule X, Senate Rule XXV.) Special(or select) a congressional committee appointed to perform a special function that is beyond the authority or capacity of a standing committee. Joint a committee made up of members of both chambers of a bicameral legislature. Government Accountability Office: an independent agency which provides to the United States Congress audit, evaluation…
were the major arguments that surfaced in opposition to the new Constitution proposed in 1787? How did supporters of the Constitution counter those arguments? Previous attempts to change the Articles of Confederation had failed because the approval of every state was required. There was often one or more recalcitrant member of the union. For example, Rhode Island even refused to take part in the framing; opposition to a new constitution was certainly formidable. Consequently, the Convention discarded…