Federal Constitution Limitation on Excess Democracy Essay Example
The federal constitution of United States was framed and ratified in a period which involved important political events that entailed numerous bargains and trade offs. The framers of the federal constitution and American revolutionaries were motivated by individual goals. The rule of law is a focal establishment of the framework made by the makers or framers of the federal constitution; and the foundations built up by the Constitution formed a path in the political history of United States that has continued to mold political improvement and development and policy results of United States. This paper is aimed at describing the role of federal constitution in limiting excess democracy in United States. The first and second congress came into existence after the colonists opposed taxation by the colonizers and subsequent retaliation by colonizers 2: The federal constitution of United States was fra
...med and ratified in a period which involved important political events that entailed numerous bargains and tradeoffs.
During the colonial rule, the American people were divided into five distinct categories: The merchants of New England; artisans, shopkeepers, and workers; small farmers; royalists; and the Southern planters. These five diverse groups were revolutionary until when commercial and tax policies introduced by the British colonialists burdened them. The second continental congress gave birth to Declaration of Independence in which grievances and complains were aimed at the King of England against depriving American people of their rights of liberty as well as enjoyment of life. To check on the power of the federal government, the Articles of Confederation which was the first written constitution was formed. Nevertheless, it did not have executive and judicial autonomy as well as the
power in commerce regulation and revenue security which made it difficult to overcome the challenges of the nation. 3: During the colonial rule, the American people were divided into five distinct categories: The merchants of New England; artisans, shopkeepers, and workers; small farmers; royalists; and the Southern planters
The divisions that existed between the States of America and lack of power to overcome these challenges made the nation vulnerable to European colonial rule. During the Constitutional Convention held in May, 1787; dissimilar American groups with varied interests advocated for a strong central government. The makers or framers of the constitution achieved the demands of these groups by having compromise on different compromises, for instance, the Great Compromise which advocated for representation in the Senate equally as well as based on the numbers in the House of Representatives.
Another compromise in order to divide House of Representatives’ seats was the Three-fifths Compromise in which a resolution on division of Southern and Northern states was divided. In this resolution, slaves were equated to three-fifths of a person. 4: The divisions that existed between the States of America and lack of power to overcome these challenges made the nation vulnerable to European colonial rule. During the Constitutional Convention held in May, 1787; dissimilar American groups with varied interests advocated for a strong central government.
Article 1 of the federal constitution established the Congress which was divided into two: House of Representatives and Senate. The American people were given a democratic right to vote for their preferred candidates to become members of House of Representatives while the members were indirectly voted for longer or expanded terms. The election of the members of
Congress is one of the instances in which excess democracy was limited. The Congress had powers over tax collection, declaration of war, borrowing money and maintenance of military. On the other hand, a necessary and proper clause was meant to check abuse on abuse of powers by both the Congress and the national government. 5: Article 1 of the federal constitution established the Congress which was divided into two: House of Representatives and Senate
The president was established as the head of the executive by Article 2.The president has been given essential or vital power to protect the executive from excessive encroachment by Congress. The president is elected indirectly by the people through Electoral College in order to protect him/her from unlimited democratic pressures. 6: The president was established as the head of the executive by Article 2.
Article 3 establishes the Supreme Court, the highest court in United States beyond the courts representing states. Judges are appointed by the president and later approved or confirmed by Senate. They are not allowed to engage in politics while in office. 7: Article 3 establishes the Supreme Court, the highest court in United States beyond the courts representing states
The federal constitution provided principles that helped to separate the power among the three branches of federal government: executive, congress, and Supreme Court This was meant to avoid abuse of power by any of the three arms of government by introduction of checks and balances. The constitution also included these principles on federalism.
The federal constitution provides Article 5 which precisely explains the process in which amendment of the constitution can take place. Amendments proposals can successfully take place in case the
voting process gives two-thirds majority votes in either the Senate or House of Representatives or in case of a national convention in which 34 states or two-thirds of all states in the United States vote in favor of an intended amendment. After amendment proposals have taken place successfully, successful ratification can occur if three-fourths or 38 states of all entire states vote in favor of an amendment proposal or if the conventions concur by three-fourths of the entire states in the United States. 8: The federal constitution provides Article 5 which precisely explains the process in which amendment of the constitution can take place
Conclusion
The framers of the United States constitution drafted this legal document in an effort to avoid excesses from any of the three branches of government as well as avoiding unlimited democratic pressure by the electorate especially on the president. By doing so, the framers made it easy for the government to become integrated and become independent while creating checks and balances on each of the three arms of government. As a result, the American people have embraced democracy and great fulfillment. 9: The framers of the United States constitution drafted this legal document in an effort to avoid excesses from any of the three branches of government as well as avoiding unlimited democratic pressure by the electorate especially on the president
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