Saturday, December 7, 2019

American Constitution

Question: Write an essay on Constitution of United States of America. Answer: Thesis Statement: The national government of United States stable and intricate regardless of minor issues that is prevalent in the structure and procedure of the government. Overview of the American government indicates varied advantages and disadvantages. Many different approaches could be applied to rectify the issues that would smoothen the problems that affect the national government. The core structure of the system and the role it performs and the process that is involved in completing the procedures are very crucial as it embodies the national government of America; it is very detailed, and the analysis requires minute focus to determine the advantages and disadvantages of the government. Though it would be convenient to compare the national government with another country and other governments yet it is crucial to the understand that regardless of the minor drawbacks of the government of America, the structure of the national government of America is comparatively stronger and intricately weaved. This essay would reflect on some strength and weakness of the national government (Zinn, 2014). Constitution: The Constitution of the United States is sometimes referred as a living constitution. The capability to adapt to the ever-changing social and political opinions and views and the needs and consequent demand of the people of America has been an instrument in the earning a name as the living constitution. Constitution is the corner stone of the federal government that ensures that the system incorporates the checks and balances, and segregation of the clustering of power has been the vantage point while the constitution was written (Vile, 2015). The strength of the Constitution of United States lies in the fact that the government and the Congress can adopt and rectify legislations. The people of United States have the power to amend the constitution through the process of election that aims at the effort to include the citizen of America to place their opinion. Moreover, the laws ensure that the laws passed should preserve the rights of the people of United States (Tushnet, 2015). The drawback of the constitution lies on the on the fact that the constitution has some vague lines which leave room for interpretation that might be subject to change and might vary with the perception of the persons interpretation. The constitution could be strengthened with the adhering to the concept that people of United States are entitled to some rights, and the constitution should be amended that these rights have to be preserved and protected. The other way that would ensure the rectification of the weakness of the constitution is that the amendments should be followed by the fact the constitution should precise and clear and no vague sections should be left for interpretation. Federalism: Federalism is one of the major innovative concepts that the US came up with in their constitution as it allows the state government and the national government to share the power. In the United States, states come first followed by strive to create concrete a national government (Redish, 2015). Main benefits that the people of America enjoy are that the policy carried out by the national bureaucratic agency is in a uniform way by the professional technocrats. If the policy would have been carried out by the different states or local bureaucratic agencies and no central body would have control over the system and the implementation would have been a major issue for the country. Moreover, the policies are carried out by the technocrats, who are considered to be experts in their field thus the technocrats are well equipped to deal with the carrying out the policies (Mason Stephenson, 2015). The drawback of the policy is the exact opposite of what the benefit suggested. The centrally administered policy is good however it reduces the flexibility of the policy by the individual state requirements. This suggests that the states cannot adopt policies that match their requirements. Branches of government: One of the major strength of the judicial branches is the ability to deny or accepted some laws at the state level. This is suggestive of the fact that the judicial branch can deny to abide by the legislation if they find out that the constitutional rights of the citizen are been violated in the state level (Law Versteeg, 2012). The drawback that restrains the judicial branch is the determination of the amount of the power of the punishment of the citizen. The amount of the punishable time has restrictions however the judges can apply their discretion of their better judgment on the determination of the minimum or the maximum time of the sentences (Neubauer Meinhold, 2016). The one way that could be applied to strengthen the abilities of the judicial branches to properly execute their powers to deny or accept the state laws would be the provision of presidential co-signing. This would ensure that the decision making process has been strengthen enough to benefit and the support of the citizens at the state level. The one way that could be suggested to rectify the weakness would be to build a jury which would be responsible for the setting the number of the sentencing by the judgment passed by the judge and the; legislation and the jury would vote on the intention or the remorse of the convict. This would ensure that the people are protected from serving a long sentence for petty crimes or no great issue. Political parties: The United States follows a two party democratic system where two parties dominate the government (HersHey, Beck, 2015). There are many pros and cons of this two party system and the political parties. The greatest advantage that distinguishes the United States from other countries is that the voters have the opportunity to place their opinion through speaking their minds regarding the political party that is governing the United States for the time being (Mayhew, 2014). The major drawback that the political parties face is that the political parties lack the opportunity of equality in the governance. The one way that would ensure the guarantee the voters to be able to express their opinions and be heard would be that the political parties should concentrate on the voters have to say and take adequate actions to ensure the opinions reach the political parties. There are various to gauge the opinion of the voters- surveys, polls, and others. To ensure the creation of equality in the political system that would allow the voters to be able to choose whom they want irrespective of the fact that the political party they want is smaller in comparison to others. The essay could be concluded with the fact that the Constitution of United States of America is very strong and has been instrumental in the smooth running of the operations and functions of the government. The constitution is the main pillar of foundation on which the country stands. The other factors like the federalism, the different branches of the government (executives, legislative and judiciary) and the two party system where the political parties play a vital role are the reasons on the strength of the national government is standing. The intricate structure and the procedure that the government follows have enabled the country to become one of the enormous powers in the world with the appreciation of the being one of the most developed country in the world. References Beard, C. A. (2012).An economic interpretation of the Constitution of the United States. Simon and Schuster. Law, D. S., Versteeg, M. (2012). The declining influence of the United States constitution.New York University Law Review,87(3), 762-858. Mason, A. T., Stephenson, G. (2015).American constitutional law: introductory essays and selected cases. Routledge. Mayhew, D. R. (2014). Placing parties in American politics: organization, electoral settings, and government activity in the twentieth century. Princeton University Press. Neubauer, D., Meinhold, S. (2016).Judicial process: law, courts, and politics in the United States. Cengage Learning. rAndon HersHey, M., Beck, P. A. (2015). Party politics in America. Redish, M. H. (2015). Federal Courts Jurisdiction, The Structure of the Federal Judicial System.Moore's Federal Practice-Civil,15. Tushnet, M. (2015).The Constitution of the United States of America: a contextual analysis. Bloomsbury Publishing. Vile, J. R. (2015).A companion to the United States Constitution and its amendments. ABC-CLIO. Zinn, H. (2014).A people's history of the United States. Pan Macmillan.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.