The Structure of American Government - Essay Example

Over two hundred years ago, the founders of the United s set forth to create a nation that was intended to be separate from its British ancestry. A nation that would be free from monarchy rule and instead, one that would in turn, be overseen by a representative form of government. A direct separation from the old way of life, which so many had come to hold in contempt and in turn, the opportunity to live life as a free populous. One of the first steps taken by the new nation, would be the creation of a document that would remain an integral part of its very foundation. That is, the constitution that has become synonymous with what is known of the American existence. To best understand the power of the document and the events surrounding its creation, the first thing to do, would be to observe the very men who were involved, with the process of creating it from the beginning. The very men that, through their efforts, would pave the way towards the present state of the American process of government. One of those very men would be James Madison. A man who would set forth to help create a governing document and someone who would at one point serve the young nation as it's 4th President. With everything riding upon the insatiable desire of the men to create a document that would prove to be long lasting, the stakes involved would appear to be considerable. A key concern for the founders, would be the preservation of liberty. Author James Wilson includes the following portion in his text, of a statement given by James Madison, that involved the creation of a stable government. It reads in part, "... You must first enable the government to control the governed: and in the next place oblige it to control itself," (Wilson, p. 15, 2005). As is the case in many other instances, initial intentions may fall by the waste side during the course of an initial process with a desire goal(s) in mind. In the case of the Constitutional Convention, "When James Madison and the other 56 delegates to the Constitutional Convention met in Philadelphia in May 1787, they intended to amend the Articles of Confederation," ("James Madison's", para. 1, n.d.). While the men would have initially come together to revise an existing document, the resulting consequences of their final work would have lasting implications for over two centuries. Another existing document that served to be a basis for the resulting doctrine of the constitution, would be the Virginia Plan. Basically a summation of the intended items intended for inclusion in the final draft of the constitution, the plan itself would become one of the many parts of this historical period in time. "By agreeing to consider the Virginia Plan, the convention, fundamentally altered its task from amending the Articles to designing a true national government," (Wilson, p.16, 2005). To give a better glimpse of the outside environment surrounding the convention, "May 25, 1787, freshly spread dirt covered the cobblestone street in front of the Pennsylvania State House, protecting the men inside from the sound of passing carriages and carts," (Bent, para. 1, n.d.). From such menial beginnings at the heart of pre-technological advancement, along with varying sociological and economic circumstances of the era at the time, the constitution would be an enduring document that would stand the test of time. Having the intended changes and guidelines be such that, it would continue to be felt by the very nation that it was created to protect. In place of a reigning monarch, the American political system would be comprised of a central political figure, in this case the President, along with a judicial branch made up of the House of Representatives and the Senate. With each body of power, the President's being considered the Executive, having their own roles that would, from time to time over many decades, find themselves intertwined with each other to varying degrees. Aligning itself with this very mentality, authors Allan J. Cigler and Burdett A. Loomis make reference to this in their text 'American Politics: Classic and Contemporary Readings'. Under section 1.4 located on page 27, the authors write that, "Madison observes that regardless of the formal separations embodied within a constitution, the different branches in fact will share powers," (Cigler, et. al., para. 2 2005). With the inclusion of the term checks and balances, the constitution would lay the foundation for accountability and responsibility in all aspects of American government that continue to this day. With a great deal at stake, the delegates, including James Madison, would set forth to iron out what would later become the present composition of the constitutional document that remains. In any form of negotiation that takes place, there remains the need for open and honest communication, as well as the need for all parties to posses a conciliatory nature towards one another. Once the first draft of the constitution had been submitted, "..As the members began to consider the various sections, the willingness to compromise of the previous quickly evaporated," (Bent, para. 28, n.d.). Despite whatever may have arisen, present day shows that not only was the constitution created but it would forge the basis of a power political identity. Toward the end of his life, James Madison would seek to document the monumental process that would have went into the creation of the constitution. In this case, "As the fiftieth anniversary approached, some people had begun to call Madison the Father of the Constitution," ("James Madison", para. 3, n.d.). In considering the meaning behind the classification of someone as a being a father, that would give way to the sense that James Madison would have truly played a large role in the constitutional process. However a humble man, Madison in response to such accolades would seek to avoid them and in return, wish to not be labeled as such. Despite the positives that appeared to have been occurring during the constitution process, Madison would seem to have been second guessing the outcome. This can be deciphered based on, "..Yet even on the verge of triumph in the convention, Madison feared failure," ("James Madison", para. 9, n.d.). Being what most would consider a realist, while some would consider more of a pessimist by taking such an attitude, Madison's fear of the outcome from the convention, could very well have been linked with the incredible amount that was at stake. Had the process failed, then the gentleman instilled with the creation of the document and what it was intended to, would have been faced with the quandary of going back and starting everything over again. With the time frame of these events being very close to the year at which the nation gained its independence, the men were determined to have this gathering provide the document that everyone knew was essential. Also true, would be the need for outlining how, as well is if, the constitution, would be able to be changed in any way. The following diagram outlines both the process of asking for an amendment, along with the steps taken to validate what has been done. They are as follows, To Propose an Amendment 1. Two-thirds of both houses of Congress vote to propose an amendment, or 2. Two- thirds of the state legislatures ask Congress to call a national convention to propose amendments To Ratify an Amendment 1. Three-fourths of the state legislatures approve it, or 2. Ratifying conventions in three-fourths of the states approve it (Wilson, p.19, 2005). At present, citizens of the United States are afforded the opportunity, at the age of 21, to elected their leaders through the process of voting. For the President, that vote occurs every four years, during what has been termed to be the general election cycle. Every two years between that time, individuals are also asked to go to the polls but this time, the voting involves members of the legislative branch who are elected to specific terms, much like the President himself is. In the last 60+ years, the President has been bound to a term limit of no more than two consecutive four year terms. A practice that would best be explained by the founder's desire to break away from the lifelong rule that many historical monarchs have taken and instead, have a governing body that was truly representative by the people and for the people's needs. Being that the election of the nation's primary leader and representative throughout the world, this would prove to be a major issue to be dealt with. In this case, "A number of proposals, including the direct election by the people, by state legislatures, by state governors, and by the national legislature, were considered," (Bent, para. 32, n.d.). The outcome of that would be the process known presently as the electoral college. More plainly, after voters cast their ballots, the votes are then tallied to see which state went to which specific candidate. What comes into play with this scenario, involves the allocation of delegates to each respective state, who in return, act as the final vote casters, just before the final decision is made. The number of delegates to be given is in direct correlation with the number of congressional districts that each state has. For example, the state of California would have more delegates than a state such as Alaska, largely based upon their differing size and number of congressional districts that lie within their borders. Even though he was just one man, James Madison's legacy in regards to the constitution and the convention held to create it, would remain strong and obvious. Besides the initial creation of the document itself, "In 1789, as a member of the newly created U.S. House of Representatives, James Madison introduced the first amendments (additions) to the Constitution, which are now known as the Bill of Rights," ("James Madison's", para. 5, n.d.). As any American would attest to, the Bill of Rights is a document which many feel to be of the utmost importance and one of the most valuable. The document which provides the protection for those of American citizenry and gives way to a greater sense of personal security. Whether it be over 200 years ago, or the present day, the passage of legislation and the amendments that are requested to be added to the documents themselves, often times the debate may provide results that possibly were not planned for from the beginning. In this case, "On December 15, 1791, 10 had been ratified by enough states to become part of the Constitution," ("James Madison's", para. 5, n.d.). While not the majority of the amendments that Madison would have put forward at the start, the passage of at least half of them, would serve at least some of Madison's intent when he drafted every single one of them. The following graph describes in detail the composition of the United States Government, just as it was outlined in the constitution that was passed in 1787. This would break down the following; the Congress that would have two parts to it, the President, or Commander In Chief and also the body of government that would handle legal cases. The final grouping would be what is also referred to as the Supreme Court. A Congress, Made Up of Two Houses: A House Of Representatives 1. Composed of members apportioned roughly in accordance with the population of each state: initially, the number varied from one (Rhode Island) to eight (Pennsylvania) 2. Representatives to be elected every two years, by those people in each state eligible to vote for the members of the "most populous" (usually, the lower house) of their state legislatures A Senate 1. Composed of two members from each state 2. Senators to be elected by state legislatures for staggered six-year terms A President 1. To be elected for a four year term by "electors" chosen in each state as directed by the state legislatures 2. Each state to have electors equal to the number of senators and representatives from that state. (No Senator or representative may serve as an elector.) The Judiciary 1. One Supreme Court 2. Such lower courts as Congress may create 3. All judges to be nominated by the president and confirmed by the Senate. The judges are to hold office during good behavior (that is, without fixed terms and without being removable except by impeachment) (Wilson, p. 17, 2005). As the previous information shows, the work performed in late May of 1787, lead to considerable influences upon what most see from their government at the present. A government that is lead by a singular figurehead, or President and a legislative body with distinct responsibilities of its own, on both sides of the process. With the fact that members of the House of Representatives are only given two years between elections to execute their constitutional responsibilities to their constituents, some may argue that such a short period of time, would give them an unfair advantage towards the executive and the legislative partnership they have with senators. While the members of the US Senate have 6 years between the times at which they are faced with re-election, as well as the President that faces such a task every 4, it remains to be said that each of the three are in a similar situation. A situations that relies upon their respective political placement and requires them to work together and make everyone accountable towards the larger group of stakeholders, those being the American people. The Supreme Court would be another intrinsic part of the constitution coming out of the convention. A gathering of law professionals, that are faced with the task of enforcing the laws of the nation. Unlike the other enforcers of the constitution, the members of the Supreme Court are not bound by specific time limits when it comes to how long they may serve but rather, are afforded the chance to have placement for as long as possible. There are avenues in place for the event of mis-conduct on the part of a judicial official, that may be deemed so horrible, that the only response would be to seek their removal from the court. With a great deal at stake, the founders truly set forth in such a way that all parts of overseeing the national progress, would have been addressed and a solution(s) would have been set into place. An individual may have the desire to see something occur but in the end, it takes the collective efforts of many to fully enact the change that the entire group may want. James Madison, who would see his role change from being a delegate at the start, to becoming an elected official in the House, to finally being President, would have his work be sealed into history as one of the many that wished to create a national system of freedom, yet one of order. A system that was done so by the powerful voice of the average person with the same dream. Reference Bent, Devin Dr. James Madison and the Great Events of His Era. (n.d.). Section: Constitution- Constitutional Convention Overview. Page 8-9, para. 28 & 32. Retrieved from http://www.jmu.edu/madison/gpos225-madison2/adopt.htm Cigler, Allan J., & Loomis, Burdett A. (2005). Section 1.4: The Federalist, No. 51. American Politics: Classic and Contemporary Readings. Sixth Edition. Page 27. Houghton Mifflin Company. Boston & New York. James Madison and the Federal Constitutional Convention of 1787. (n.d.). The James Madison Papers. The Library of Congress. Section: Managing History, para. 3. Retrieved from http://memory.loc.gov/ammem/collections/madison_papers/mjmconst.html James Madison's Contribution to the Constitution. (n.d.). The Library of Congress. Page 1 & 3, para. 1 & 5. Retrieved from http://www.americaslibrary.gov/cgi- bin/page.cgi/aa/presidents/madison/father_1 Wilson, James Q. (2005). The Constitutional Convention. American Government: Brief Version. Seventh Edition. Page 15-17, & 19. Houghton Mifflin Company. Boston, MA 02166-3764. Read More