In the immortal words of Thomas Paine, “a constitution defines and limits the powers of the government it creates” (Paine 1805). One of the great debates among Constitutional scholars is just what the exact purpose of Constitutions are. Some argue that Constitutions function as expressions of values of the populace at the time. Others theorize that Constitutions serve as tools of social coordination. While both of these theories have merit, at the end of the day, Constitutions primarily function as power maps. Ultimately, they express the power dynamics between citizens and their government, between different branches of government themselves, and between different social groups. Constitutions serve several important roles, but all but …show more content…
Lockean principles dictate that power flows from the people, but a Constitution takes that power and distributes it among several aspects. The first aspect of the power dynamics is between that of the government and individual civilians. In democratic liberal societies, there is a heavy emphasis on individual rights. Governments are limited from interfering in the private lives of individuals, to a certain extent. This usually takes the form of a bill of rights. These bills of rights often include limits on the government’s powers to regulate speech, regulate press, and regulate religion. They ensure a fair judicial process for the accused. As Galligan and Versteeg puts it, “Constitutions normally constrain government by enshrining rights and mandating the judiciary to enforce them” (Galligan and Versteeg 2014). This power relationship lies at the heart of Constitutions for liberal democracies.
Within the context of the American Constitution, this power struggle isn’t just about expressly limiting the powers of the government, but it is also about outlining express powers that the government has. The federal government is expressly granted the powers to tax and defend the country through a military. The founders laid out a specific set of powers the the government is permitted to do, not just hindered from doing. Throughout the course of our
Have you ever wonder the process that the Founding Fathers of America had to go through to create our system of government? One of the vital pieces to establishing this government was the famous document known as the Constitution. The Constitution was a highly argued document, because many people were concerned about if it would protect the newly-separated country of america from the tyranny that they had faced with their previous king. The Constitution ended up being the people's’ savior after the delegates signed it in September 1787, and protected them from tyranny in their country even better than before. All and all, the Constitution guarded the United States against tyranny creating a system
The United States Constitution was carefully crafted by a group of deliberate and thoughtful individuals; each having their own unique and particular ideas about government, and the people it may govern. As this supreme foundation for government was molded, each founding father put forth their learned beliefs and philosophies to be integrated into this modern document. All of the crafting members were both well-read and thoroughly educated, allowing for deep and extended discussions on past governments, their efficiencies, and their deficiencies. Through their readings and philosophical discussions, it became apparent that two previously governing bodies stood, in their opinions, above the rest: The Greek and Roman empires. Their governmental practices and virtues were key in the development of the Constitution, as they were dissected, and eventually, emulated by this country’s founding members.
The Constitution is our nation's most important and famous document and is the much more polished version of The Articles of Confederation, which were ultimately a disaster for our nation. The Constitution is a far better outline for our nation's government because it gives the central government the necessary powers to run the country efficiently without disregarding the rights of the citizens.
Racism has been prevalent in the lives of many for years, which has utterly prevented many to feel fully integrated in society. In the Letter from Birmingham Jail, Martin Luther King Jr. addresses these concerns. While reading these passages I was fascinated by Dr. King’s strategies within his wording and how he used rhetorical devices to get this point across. Yet. reading this letter made me realize that he had a point, racism had intensified over the years and change had to occur eventually. Injustice reigned over Birmingham which prompted people to seek justice, yet their voices and cries were ignored. People opposed the non violent demonstrations that were taking place, yet refused to take the time to listen to the concerns and opinions
The United States Constitution begins with the simple phrase “We the People”. Yet, with three simple words, the ideology it stands for has shaped the entire country (O’Connor et al., 2011). The short phrase signifies that the document, and thus, the government, is based upon the people themselves. The Constitution reflects the culture and ideologies of its citizens. Similarly, state constitutions reflect the people, albeit in a more specific locality. The key differences between the United States Constitution and that of local states are due to the distinctions between the scope and characteristics of the people they govern.
Life without the Constitution, would eventually lead to tyranny. We would not have the division of power, and would people will eventually develop too much power single handly. Before the Constitution was made, there was no court system, or executive power, the central government couldn’t even force the states to pay taxes. The challenge presented, was if there was a way to divide the power, to guard against tyranny. Tyranny is usually a government with one absolute ruler or dictator. Other types of tyranny could present itself, if one group of the government gained too much power. The Constitution was created to guard against tyranny in many ways. They divide powers between the central and state government, and the three branches of government
In 1787, the Constitution of the United States was just written on September 17th. During this time, the common man was still under the power of the Articles of Confederation, a weak document that loosely connected the 13 former colonies. Although the Articles didn’t give the United States of America the strong centralized power that it needed, opposers to the new Constitution would argue that the Constitution took away the rights of the common man and gave that power, that the individual once had, to the federal government. Although this statement is correct, the federal government’s newly given power was used to protect the fundamental rights and liberties of its citizens and create a powerful government in the hopes that it would benefit
“Humbly invoking the blessing of Almighty God, the people of the State of Texas do ordain and establish this Constitution”—those are the opening words of the great Texas Constitution with which Texans authorize the state government to govern them. In history, whenever it becomes necessary and proper for a central power, either at the local or national level, to be ordained to govern a mass population a constitution is regarded as an emphatic “pre-requisite to statehood” (Tushnet, 1) . For centuries constitutions have been drafted by nations all over the world functioning as a social contract between the government and the governed and as a supreme law by which everyone within the nation’s borders would have to answer to. Constitutions not only
Daniel Hoover Professor Jack Citron/ Joseph Warren Political Science 1 September 22nd, 2015 The Constitution is not a Democratic Document The U.S. Constitution revolutionized the American political system, and shaped world history by inspiring other states to imitate its protection of civil liberties in the later adopted Bill of Rights, checks and balances between branches within the federal government, and guarantees to state governments. For the purpose of this paper, it is essential to analyze the Constitution in its early form because it established the conditions from which our federal republic has evolved. In addition, the Constitution of December 15th, 1791, the date when the promised Bill of Rights was added, best reflects the intentions
There is a constitution in every country to guide the government and to govern the people. With so many struggles facing the United States of America, one thing was for sure, change was needed. A universal law was needed to fix the government and make it more functional. The US Constitution becomes important because it directly states and explains natural born rights and limits the federal government. Both the government and people are bound to obey it. The constitution contains requirements to the powers and duties of government, Americans have been concerned with their rights, the right to practice religion however they wished was one of the primary reasons the first settlers came to America from England. The right of representation and
The concept of power is a divisive matter in the American political system, as the actors holding it are sometimes unable to impose it as a result of their limited authority to do so. The legislative, executive, and judicial branches in the national government depend on each-others point of view. Part of the Constitution was designed with the purpose of making it impossible for either of these three to become more powerful than the others. Each of them has the ability to check and balance the way that the other two function. In spite of the fact that this system was created with the intention of preventing power from being shared unequally in the country, it sometimes serves as a tool for political gridlock, considering that the judicial branches can debate in regard to a particular topic for unlimited amounts of time before actually reaching a conclusion regarding the respective issue.
During the ratification of the Constitution, Paine was in France helping the revolution, so he was not able to campaign against the document in the United States. Nevertheless this did not stop him from voicing his critiques. Many of Paine’s complaints about the Constitution stem from the differing viewpoints the founding fathers had on human nature versus his own. Whereas Paine had faith in man’s ability to reasoning and self-governing, the founding fathers saw mankind as selfish and inclined towards conflict, incapable of making governing decisions on their own (Parsons, William B 95). It is this belief of the founding fathers that led them to create many of the standout features of the constitution. These features include the bicameral legislature, the powerful executive position, the need for a judiciary branch, and the series of checks and balances put in place throughout government. Paine saw many of these features as unnecessary and crippling to a true democratic system. He stressed the fact that the only true important branch of government was the legislative branch, which would be run by the will of the people in representation. Paine believed that the Constitution took too much power away from the people and hindered the democratic system. According to Paine, all men are equally capable of reasoning, so having a powerful executive position like the president, or a judiciary branch made up of a few wise men made to interpret the laws governing the people, were both backwards and unneeded (Parsons, William B 97). Because of his basic faith in human capabilities to self-govern, Thomas Paine was opposed to the Constitution and the many “big government” features it contains. Although the Constitution still supports a democratic system, it was not Democratic up to Paine’s standards and he
Thomas Paine, Thomas Jefferson and the Bill of Rights are three things that have some sort of connection. Thomas Paine and Thomas Jefferson both have documents. Their documents were both a result for the rule that Great Britain had over us. The Bill of Rights is also a piece where its writing had to do with a freedom type document written to let others feel free. Thomas Paine was one of the great supporters of the American Revolution. He was a journalist and used his utensils to get the public to break free from Great Britain. When Revolution against the British Empire came, Thomas Jefferson was not JUST ready. Before he wrote his main legendary contribution to the revolutionary cause, he wrote Summary View, the most important contribution to The Declaration of Independence. In 1791, the Bill of Rights, which included 10 amendments, was approved into the constitution. The document’s purpose was to make clear the rights of the people that the government could not trespass upon. These amendments logically became an important part of the original document, making them part of ‘The Supreme Law of the Land. Thomas Paine and Jefferson, as well as the bill of rights, all share a common theme.
Certain interests do not change over time in our society. Over 200 years ago, the prominent concern that led to the framing of the Constitution regarded the establishment of a government that was “for the people and by the people.” The framers of the Constitution, with concern of an over powering central government in mind, provided a basis for the structure of the federal government of the United States. The powers of the legislative, executive, and judicial branches of government are laid out strategically in a way that no one branch can have more power than the other. The national concern of maintaining a legitimate government has not shifted since the initial days of the framers. Although the capacity of the government has grown over time, the system of checks and balances that was adapted in the framing of the Constitution allows for the structure and powers of the federal government to remain in order today. Other than providing a structural map for how the government will operate, however, the additional aspects of the Constitution fail to administer practical framework for addressing 21st century interests. This document was written over 200 years ago and it has not been altered substantially since then (Lazare). While certain Amendments have been added to assist the Constitution in staying relevant, such as the abolishment of slavery and the addition of women’s right to vote, there has been practically nothing added to help in applying the framers’ intentions
John Locke was been one of Americas most significant figures who influence how the country’s political system works today. Locke redefined the whole nature of the government, his views were similar to Thomas Hobbes’ ideas (Hobbes concluded that people are incapable of ruling themselves because it’s in our nature to self-centered not need to a strong leader to control us), however Locke was more optimistic about people’s ability to reason to help avoid tyranny. In Locke’s Second Treatise of Government he identified the basis to a reasonable government. According to Locke a ruler should gain their authority by the people who will be governed because the duty of the government is to protect the natural rights its people (life, liberty, and property), and said that if the government failed to protect these rights, the people should have the right to overthrow its government. These ideas greatly influence Thomas Jefferson when writing the Declaration of Independence. Federalism has also greatly impacted the political system in the United States because it’s the relationship between the authority and people. There are many ways the government can be divided. For example, a cooperative federalism is when the federal government governs unlimitedly and forces lower governments to supervise and enforce national