Role of the judiciary - Essay Example

Thesis Statement: The American constitution stipulates that the main function of the nation’s foreign policy is to protect and reinforce the position of the United States as a sovereign and independent state. The history of the American constitution in terms of Foreign Affairs The U. S. constitution, as documented by the nation’s Founding Fathers, stated that it was the nation’s aim to assume ‘the earth’s powers, equal to the rules of nature as were intended by God’ (Chomsky, 2004).

Essentially, all other rules, including those that dictate foreign policy, have to observe this objective in all attempts to adopt stances of foreign policy as well as shared power. All regulations concerning the American foreign policy are formed through consultations between the nation’s Commander-in-Chief, executive and legislative branches. Even in the days of the first president of America, George Washington, there were difficulties in creating a relevant, consistent, and practical foreign policy.

Theoretically, the creation of foreign policy ought to correspond with the objectives of national interest. The federal government’s position, as one of the factors that contribute towards the formation of foreign policy, stems from the Supremacy Clause; which stipulates that Federal law is the supreme law in America and even precludes state law. The American constitution was first formed by the founding fathers as a contract of a revolutionary tobacco democracy which was led by an enlightened pseudo-government made up of merchants, paramilitary planters, and lawyers (Murray, 2013).

The first American government, which was headed by George Washington, wanted to ensure that the new young nation would be able to survive in spite of the existence of powerful opponents in the European continent. In those early years, American foreign policy was aimed towards ensuring that the new nation avoided potential conflicts with European superpowers while also establishing itself as an autonomous member of the then group of free nations. This would be hard to accomplish as the nation was crafted out of a bloody conflict with the then greatest power, the United Kingdom, and had a weak and disorganized army.

The United States also came into existence at a time when there was no organization, such as an international court, to arbitrate between warring nations. War was considered as being the only honorable method of solving serious disputes. In the late 1700s, only the self-interested sovereign nations were recognized as the major principalities on the international stage. When it was first formed, the American constitution worked alongside congressional powers to standardize commerce with other states, to sustain the armed forces, and create government regulations to oversee immigration and naturalization clauses.

The ‘Articles of Confederation’ was America's primary constitution, and was confirmed in 1781. This was a time when the nation was merely a disorganized confederation of thirteen states, each of which were conducting themselves as nations in their own right (Brzezinski, 2004). America’s national government was made up of a congress and a singular legislature. The Articles of Confederation allocated to congress the abilities to oversee the running of foreign affairs, the regulation of national currency, and determination of all issues to do with war.

Moreover, these activities were limited