Outline Although the founding of the Constitution was a revolutionary, positive turning-point in American history, the US Constitution has a few unconstitutional and democratic shortcomings. Introduction In order to understand the shortcomings of democracy of the US Constitution, is it is important to know the background of its’ founding and how each article serves our country. Federalist No. 10, written by James Madison, asserts the importance of having the image of a democracy without its real substance. There seems to have been a very strong opposition towards democracy at the Constitutional Convention, although the framers were in the midst of creating democratic principles to appeal to the majority of the country.
This independence derives from the constitution as the founding fathers suggested Congress was to be “the central element of the new political system” allowing Congress to perform checks and balances on a powerful executive. Congress is the branch of government closest to the people and the framers of the Constitution intended it to be the most powerful. Although, in the nineteenth and twentieth century, Congress has decreased in importance as the powers of the presidency expanded. Constitutionally it was given three main powers, all of which remain important today. First, all legislative power is vested in the house of reps and the senate, and within this broad function, Congress is given special powers to appropriate monies, raise armies and regulate interstate commerce.
Strict construction is the literal interpretation of the words of the constitution as they are written, while as loose construction is the contextual interpretation of the words of the constitution (Notes). Possibly the founder and the greatest strict constructionist was Thomas Jefferson. Article 1, Section 8 of the constitution states the delegated powers, and Jefferson being a strict constructionist viewed that congress should only have the powers that are exactly written in the section. On the other side, there was Alexander Hamilton who was a loose constructionist believed in the Elastic clause which was in Section one of the constitution (Lecture). The Elastic Clause states that Congress shall have the power to make all laws which shall be necessary and proper for carting into execution the foregoing powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof (Angel&Gerberg).
What are the strengths and weaknesses of the UK constitution? The UK constitution is a set of rules relating to how the state is to be run and organised. These rules, which in the case of the UK constitution can be either written or unwritten due to the uncodified nature of the constitution, define the functions and powers of major institutions of government, the relationships between said institutions, and the relationship between the individual and the state (through individual rights). The primary function of a constitution is to provide legitimacy to those in power; however it also defines the limits of government power, protects freedom and distributes power within the political system. The UK constitution is somewhat unique in that it is one of only three states to have an uncodified constitution (the others being New Zealand and Israel).
Many people have argued about the most important principals of the constitution, and many have expresses their viewpoints. I believe the three most important Principals of the constitution are Separation of powers, Checks and balances, and Popular Sovereignty. The first Principle we will look at is Separation of powers. What this principle means is that each different branch of the government has different responsibilities; this system is put into effect so to prevent one branch to become to powerful over the other. I believe that this principal of the Constitution is very important because without this put into effect the senate of the president could become much too powerful and overthrow the whole government and we would be in a dictatorship or we would be in a direct democracy or some other form of government.
Jefferson believed in a strict view of the constitution while he was an advisor. When he became president, his view changed. He supported a more loose view of the document in accordance with his policies. In order for the Constitution to be understood, the chaos around the time it was written must be first understood. Yet that chaos in not the same as now, therefore the constitution must be interpreted loosely in a way that it fits society nowadays.
Some supporters say that a state should have more power than the federal government and then there are others who say the Federal government should be the ruling body alone. You have a central government that functions to keep the country working as a unit, but also works to keep the states from encroaching on individuals and becoming too intrusive. The same works for states. The states have a lot of control over what their citizens should be subject to. For example, criminal laws, property laws, contract laws...etc are decided by the state, not the federal government and they aren’t allowed to govern those areas.
Should the UK remain as an uncodified constitution? A constitution is a set of rules that: seek to establish the duties, powers and functions of the various institutions of government; regulate the relationship between and among the institutions; and define the relationship between the state and the individual. There are many different types of constitution. Constitutions can be codified or uncodified, unitary or federal and seen as rigid or flexible. The most common way of comparing classifying constitutions is codified or uncodified.
So that the states don’t indifferent themselves from each other ii. Gives us public strength and security c. Don’t trust the masses i. they are not the voice of God but turbulent and changing d. First class citizens must run the government i. Senators that serve for life e. President for life as well i. Less dangerous to liberties of people during life than seven years 2. James Madison Defends the New Federal Constitution a.
As we examine IGR we will find it is complex, developing, and important to understand. The first thing we need to understand when looking at the IGR federalism is to know what exactly we are referring to when we talk about federalism, the text defines federalism as: “A constitutional division of governmental power between a central or national government and regional government units (such as states), with each having some independent authority over its citizens.” (Gordon, pg. 108) You see in the constitution and generally when we talk about our nation’s federalism, we see it refers to the separation of two political systems, the National Government and Sate Government. It is the system of maintaining the integrity of each political system and ensuring no overstepping of power takes place (Federalism). IGR is a whole different animal; the problem is there are no clear cut rules or really even guidelines like the constitution provides for the National Government and State Government.