The constitution emerged to create a structured society through the creation of a stable system of government and protection of individuals’ powers. It creates three branches of government with different responsibilities and mandates that complement each other in achieving the government objectives. The legislature has a responsibility of making laws, the executive implements the laws, while the judiciary undertakes their interpretation (Cox, 1987, p.42). The Constitution regulates the powers of these branches so that none is superior to the other, but rather work in harmony. It also outlines the powers of the federal government such as printing money, controlling foreign trade and interstate trade.
The powers granted to the state government include regulation of education within the state and punishing violators of state laws. The constitution also includes overlapping powers where both the federal and state government has powers to act. Hierarchy of power emerges where the federal government is supreme to the state government. The constitution also provides the method of amendment of certain laws through a standard procedure that requires due diligence and considers majority opinion. It also holds that the people are supreme, and the Constitution exists to protect their rights and freedoms.
The Constitution addressed grievances stated in the Declaration of Independence at a time when the new nation was creating a constitution to guide its governance after the acquisition of independence (Ritchie, 2006, p.46). The numerous grievances included the hindrance of colonists from the right to representation and dissolution of the House of Representatives for resistance to interference. Making judges answer to the crown turned the judiciary into a tool of the crown. The colonists maintained standing armies in times of peace without approval from the legislature, which appeared as a sign of autocracy. Incitement of the Native Americans to fight against patriots led to opposition of the five Intolerable Acts: Boston Port Act, Massachusetts Government Act, Administration of Justice Act, Quartering Act, and Quebec Act. The declaration meant to justify the rebellion experienced during the time and not just a list of grievances.
The Constitution aims at addressing the weaknesses of the Articles of Confederation to create a better plan of government. The Articles of Confederation had numerous weaknesses since it denied the federal government fundamental rights. For instance, it could not tax, design trade treaties, keep order, pay debts, or resolve disputes between states. To address this weakness, the constitution reinforced the position of the federal government by giving it three branches with complementary functions.
The legislative branch enabled the government to tax, print money, and control trade. The judiciary, on the other hand, created a court system responsible for settling disputes including those between states. The government could also create an Army to maintain order and protect the country from external threats. In the Articles of Confederation, the state government had more powers than the national government and its powers were not to transferable to the national government. The absence of a strong central government was the major weakness for the Articles of Confederation. That triggered economic disorganization, legislative inefficiencies, and absence of central leadership. The Constitution corrected the weaknesses of the Articles of Confederation and provided an amendment process to deal with problems that may emerge in future. It, therefore, reinforced lessons learnt from past failures and ensured they did not recur.
The great compromise was an agreement between small and large states that defined the legislative structure and representation of each state under the American constitution (Pritchett, 1959, p.11). It featured proportional representation in the lower house and equal representation in the upper house. Members of the House of Representatives depended on the proportion of the population of the represented state, and they had to undergo direct election by the people (Ritchie, 2006, p.53).
Representation in the Senate was set at two members regardless of the state’s population, wealth, and size. State legislatures would choose the Senators to represent the state. There was also a proposal to have the House of Representatives as the only House that could write bills for taxes. The great compromise created the House of Representatives and the Senate; it also ensured their efficiency and ensured the continuation of the Constitutional Convention. It combined the best elements of the New Jersey and Virginia Plans and paved way for the separation of powers among the arms of government. It was included in the United States Constitution for future guidance on the issues of representation.
Article V of the Constitution provides for constitutional amendment, which is the improvement of existing laws (Pritchett, 1959, p. 26). The Congress can call for an amendment with a two-thirds majority voted in both the Senate and the House of Representatives. An amendment could also emerge from a constitutional convention called for by two-third of the state legislatures. None of the twenty-seven amendments has utilized this process. The Congress prefers a joint resolution in amending the Constitution, which does not require the president’s signature since he lacks constitutional rights for this. An amendment becomes part of the Constitution after ratification by three-quarter of the states. After verification, certification follows to validate the amendment, and eventually publication takes place.
References
Cox A. (1987). The court and the constitution. Boston: Houghton Mifflin.
Pritchett C. H. (1959). The American constitution. New York: Mcgraw-Hill.
Ritchie D. A. (2006). Our constitution. New York: Oxford University Press.
