How American Constitutional Government Corrects the Abuses in the Declaration of Independence - Essay Example

Final Exam Explain how American constitutional government “corrects” both the abuses described in the Declaration of Independence and also the flaws of the Articles of Confederation. Also describe any shortcomings of the Constitution in fulfilling the Declaration’s basic principles and whether those shortcomings have been addressed by amendments or other changes. The declaration of independence is primarily the founding document of the United States of America. The document articulates and highlights the basic ideas and notions that form the bedrock of the United States of America. According to the declaration of independence, all people are equal and created free. As such, they have the same natural rights. Thus, legitimate governments should be formed by the approval of the people who are being governed. Consequently, these legitimate governments should therefore secure and guard these rights. The declaration of independence brought to the fore a unanimous decision made by thirteen colonies to dis engage themselves from Britain. However, the most significant element of the declaration of independence since its inception was its declaration that political legitimacy was determined by people. As such, it appealed and advocated for equal rights for all people. Therefore, the meaning of the declaration of independence transcends both circumstances and time. The declaration of independence possesses three vital parts; the preamble, a list of accusations/charges brought against Britain’s king George II and the conclusion. Although the document justifies a revolutionary war, its bases its arguments on universal reason which are in line with laws of nature and of nature’s God. Additionally, the arguments respect opinions of people. The document is guided by its basic principles which include: self-evident truths; the document bases the American government on some self-evident truths like human equality and other unalienable rights. Self-evident truths transcend time, nations and circumstances. Secondly, rights of the people are acknowledged to produce legal governments. Thus, race, heredity, religion or wealth cannot justify government legitimacy. Equality is another third principle of the document. American government is basically about liberty and rights. However, these rights originate from all men being equal. Fourth, the purpose of happiness implies that a legitimate government should guard the unalienable rights such as liberty and life. Human happiness implies that the person or people live their lives to their maximum potential. Lastly, the right of revolution contained in the declaration signifies that self-government is the most critical right. The 27 list of abuses covers the colonialists’ violation of natural, political and civil rights of Americans. The abuses all come to a common agreement that the tyrannical king has infringed on the American people’s rights to life, liberty and pursuit of happiness. Thus, the document concluded that the king was a tyrant who could not rule a free people. The articles of confederation can be termed as America’s first constitution. Although the document was based on the principles which led to the revolution, it had crucial flaws. For instance, it lacked the power to control trade, and no power to implement national taxation. Additionally, the document provided for a weak executive which was unable to enforce legislation. The American constitution corrects the abuses in the declaration of ind4epenndecne via the 14th amendment to the American constitution. The 14th amendment forbids all states from denying people or a person the right of property, life or liberty without following the law. Thus, the 14th amendment protects the civil rights of the American people. On the other hand, the constitution corrects the flaws of the articles of confederation through various calculated measures. For instance, it has established a court system to deal with problems between states and even between citizens. Additionally, the congress possesses the right to levy taxes on people. Additionally, the constitution made room for a strong executive which is headed by a president. The president picks his own cabinet. Also, the executive has power checks on the legislature and the judiciary. Moreover, the constitution acts as the supreme law. Lastly, only 50% + 1 of both houses are needed to pass legislation plus the president’s signature. The law of sovereignty immunity goes against the basic principle of equality. This doctrine is similar to the medieval law or adage which argued that a king can do as he wants or he can never do a wrong. Nonetheless, there is no amendment to check or limit this immunity. (4) Discuss thoroughly the lawmaking process. (Make sure to include how lawmaking is influenced by the organization and composition of Congress, the various influences on members’ votes, and the role of the President.) The legislative process is often a slow and complex task. Congress’s main duty is to make laws. The legislative process which turns a bill into law occurs clearly spelt out in stages in both houses: 1. Introduction: a congress member introduces a bill. Subsequently, the bill is given a designation number. The members belonging to the House of Representatives are the only ones allowed to introduce bills relating to taxes. 2. Committee stage/ referral to committee: the bill is referred to the relevant committee by the house leader in where the bill was introduced. 3. Committee action: the committee may forward the bill to the appropriate subcommittee for hearings, action, votes and markup sessions. Also, the committee can decide to kill the bill via a process termed as pigeonholing. 4. Referral to the full body: the bill is forwarded to the senate or full house if its approved by the committee. 5. Floor debate and subsequent vote: the bill is debated on the floor of the house. Next, they vote. Both the house and the senate handle the debate differently. In the senate, members can make as much amendments as they want in addition to speaking as they want. However, in the house, debate is limited and controlled by the rules committee. 6. Conference committee: when the house and the senate produce varying versions of one bill, a conference committee is formed which combines the versions. The committee is made up of members of both houses. Both houses then vote on the combined new bill. 7. The president: the president veto or signs bills which are passed by the congress. The bill becomes law if the president signs it. The bill is returned to congress if the president vetoes it. Consequently, a 2/3 vote in congress overrides the veto. If the president does not do anything to the bill sent by congress, it becomes law after 10 days if only congress is currently in session. On the other hand, the bill does not become law if congress is adjourned. (5) Provide a comprehensive account of the President’s powers. (Make sure to include how these powers have developed over time, and how institutional and other factors affect the President’s capacity to exert power effectively.) The power of the American president has evolved greatly overtime, from the minor role the young American nation had to the current government which is mainly centered around the presidency. The constitution framers were afraid of concentrating power on the executive since they probably thought it will encourage tyranny. As the first constitution was written, the American president was accorded few and limited powers. The needed a president who would deal with issues and emergencies concerning other nations. Conversely, the president would have little impact at home. As such, congress was the central point of the American national government. Nonetheless, a government centered on the presidency commenced to take root in the 20th century. With a government centered on the president came more powers and responsibilities for the president. World War II increased the president’s power and hence made him to be the commander in chief of the armed forces. From the 1960’s onwards, the president gained more powers in domestic and foreign policy areas. Therefore, the imperial presidency begun in the 1960s, giving more power to the president. In light of this imperial presidency, the American constitution grants the president military, diplomatic, appointment, and legislative power. In regard to foreign policy, the president can make treaties with other foreign nations but with the consent of the senate. Also, the president can appoint ambassadors, Supreme Court judges, ministers and consuls. Lastly, the president possesses the power to sign or veto legislation. Congress and the judiciary check and regulate the powers of the president. For example, the president cannot establish treaties with foreign nations without first getting approval from congress. Moreover, to check the president’s power, congress possesses the power to review the united states president. (7) You are a candidate for President of the United States. Discuss all the stages of the campaign you will have to wage to win election, including your strategy at each stage of the contest and what factors will influence support and votes for you. To become an American president, a person has to follow the following stages 1. Meet eligibility requirements: This is the first step I will undertake. 2. Pre candidacy step: this step will enable me to test the waters. I would begin preparing for the election from an early era. 3. Candidacy declaration and subsequent File application to the federal election commission: I will file my application with the FEC as required by law 4. Campaigns and fundraiser: after file submission to FEC, I will commence my campaigns and fundraising activities. During this duration, I will interact with the American people, make rousing speeches, and pose for photographs with people. More importantly, I will increase the incidence of kissing babies. This strategy will convey that I am a caring and loving individual. 5. Primary elections and caucuses: I will first go through all the issues affecting the American people and familiarize myself with them before the caucus. This will enable me to have an informed debate with correct responses. If the voters in the primary cast in my favor, I will move to the nominee stage 6. Announcement of nominee: the party will announce my nomination 7. General campaign: I will crisscross the country selling my ideas and promises to the public. The ideas will be based on real life issues and matters that affect the American people. 8. Election Day: the Electoral College casts its vote to determine the winner of the election. Read More