Constitution and limited government
The United States of America constitution is defined as the supreme law of the land. The framers of the United States of America though of coming with laws that can stop any tyrannical rule that may have been elected in the United States of America. Also, the framers of the United States of America constitution wanted to have a set of free rules than the tyrannical rule of their British colonizers, whereby the King had total power over the people. To succeed in limiting those in power, the framers created three government; the legislature, judiciary, and executive, so each government branch has got its powers over the other. The legislature makes laws, and the judiciary interprets while the executive implements laws. So, the three branches of government regulate each other depending on the constitutional powers bestowed to them. The two videos provided in the class articulates how the framers of the Constitution separated the three branches of government and how power is limited across them.
The legislature was created to make laws and check on executive conduct. For instance, when a constitutional amendment is supposed to be passed, the legislature is the one mandated to imitate the amendment. For example, when the Constitution was created, the framers thought that after limiting those in power, people’s rights are well-taken care. The aftermath was not according to the framer’s expectation, so the coming Congress had to amend the Constitution to include the bill of rights. Another constitutional power of the legislature is to check on the presidential conduct. When the president has abused the powerful office’s constitutional powers, the executive launches an investigation that seeks to remove the president from office. For instance, when Richard Nixon was caught up with the Watergate scandal, Congress was forced to initiate an impeachment motion to remove Richard Nixon from office. So all this means that the Congress has got powers to make laws and check on presidential powers. However, these powers are limited because the president can veto any Congressional order.
The executive is a branch of government that is headed by the president. When the framers of the United States of America created the Constitution, they made executive implement laws made by the executive. The president has got powers that can change anything rejected or passed by the legislature. But the presidential powers are limited by the judiciary, which checks on the constitutionality of any presidential order signed. This means that the judicial powers limit presidential powers. For instance, during the watergate scandal’s impeachment inquiry, Richard Nixon refused to give the tape recordings to Congress. Congress had to seek judicial powers that were to force Nixon to give out the tape recordings. By that time, the Supreme Coat unanimously agreed that Richard Nixon had to submit the tape recordings. Richard Nixon submitted the tape recordings, and when the impeachment motion caught him up, he resigned. Another case whereby presidential powers are limited is when George Bush administration came up with military tactics of dealing with the 9/11 terror suspects. The courts found that the order was against the Constitution, and the Bush administration had to rescind the orders. All these indicate that the executive has got constitutional powers of implementing some laws but the judicial limits their powers on constitutional grounds.
The judicial branch of government is mandated with checking on the constitutionality of legislative and executive laws. The judiciary has got powers of determining whether a congressional order meets the constitutional expectations. The main purpose of the judiciary is to interpret laws. The Framers of the Constitution created the judiciary so that those in power cannot abuse people’s rights. For instance, according to the videos provided, the framers of the United States constitution wanted a difference in the judicial process better than the British rule whereby the King had absolute power over the people and determined those who were to be jailed and for how long. Also, the judiciary was to interpret laws when the country is facing a constitutional crisis. For example, during the world war, II President Roosevelt ordered all Japanese Americans to detain for fear that they can help Japan in a war with the United States. The decision was challenged in the Senate and Congress, but nobody opposed it. The decision went to the Supreme court, but though unconstitutional, it served for the country’s best interest. Another example is when the supreme court forced Richard Nixon to provide recorded tapes to the senate. So, the judicial branch serves as a body that interprets laws when any other body makes controversial laws.
However, the constitution and power limits have got shortcomings that hinder the transparency and rights of people. First, when the interests of a country are more important than the rights of people. For instance, during World War II, President Roosevelt ordered Japanese Americans to be detained for fear that they may help Japan fight America. The decision was challenged in Congress, but it didn’t get support because it was about American lives. This means that although the decision was racist, the lives of Americans came first. Secondly, it encourages partisanship. In Congress, laws are passed according to party interests. For instance, when a particular party controls the majority of seats in both houses, it may not launch an investigation of the same party’s sitting president for reasons that it may lose political support. Thirdly, it encourages nepotism whereby the president has got powers to appoint those who work within the executive. Sometimes one can prefer the president and family members.