Thesis on "U.S. Constitution the United States"

Thesis 6 pages (1699 words) Sources: 2 Style: APA

[EXCERPT] . . . .

U.S. Constitution

The United States Constitution

The Philosophical Principles of Liberty, Equality and Democracy

Towards the end of the eighteenth century, the need for a more solid document to regulate and normalize the actions of the American congress and government became impending. The answer came from the delegates of Philadelphia, who conceived and instituted what is today known as the United States Constitution. The main purpose of the constitution is that of defining the three basic constituents of the national government -- the United States congress, representing the enforceable laws, the presidential administration, forming the executive branch, and finally, the Supreme Court, as the country's judicial branch. The first three articles deal with information of these specific components of the American state. The fourth article deals with the power of the state (including both rights and limitations); the fifth deals with the amendment process; the sixth with the legal status of the Constitution and finally, the eight article provides information on ratification.

2. Liberty, Equality and Democracy

The United States Constitution provisions numerous principles, the three pivotal ones being those of liberty, equality and democracy. Since the national document does not offer a clear definition of the three concepts, it is necessary to look for definitions in tertiary sources. The Longman Dictionary of Contemporary English defines each of these philosophical principles as follows:

Liberty -- "the freedom and the right to do whatever you want without asking permission or being afraid of authority"

Equality -- "a situation in which people have the same rights, advantages etc."

Democracy -- "a system of government in which every citizen in the country can vote to elect its government officials; a situation or system in which everyone is equal and has the right to vote, make decisions etc." (LDOCE Online, 2009).

3. First Article

As mentioned in the introductory part of this report, the first article of the United States Constitution deals with the legislative branch and argues that the legislative power and responsibilities within the North American country fall on the hands of the United States Congress, which is divided between the Senate and the House of Representatives. The principles beforehand mentioned are revealed throughout the Constitution in several instances.

Liberty

Everybody deserves a fair trial, and this specification refers to all civil United States citizens, as well as the political representatives: "And no person [representative or senator, in this context] shall be convicted without the concurrence of two thirds of the Members present" (Section 3).

Each political formation has the right to set and enforce internal rules of operation. Section five for instance argues that "Each House shall be the judge of the elections, returns and qualifications of its own members. […] Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member."

Equality

Each state within the U.S. will have its own representative within the national congress (at least one), ensuring as such that the rights of each region are equally represented.

Each representative or senator will receive remuneration for his/her services brought to the United States and, throughout the period of their political mandate, will be "privileged from arrest" (Section 6).

Democracy

- No discriminations are to be made in the selection of the members to the Senate and the House of Representatives; there are some criteria which have to be met in order to stand the possibility of being elected as an official representative of the U.S. population, such as being of the age of twenty-five or older and having been a legal United States citizen of at least seven years; the criteria sees a minimum age of thirty and the status of American citizen for at least nine years, in cases of Senate candidacies

- a certain level of transparency must exist in the actions and decisions of the judicial power and this is represented by the necessity to "keep a journal of its proceedings, and from time to time publish the same" (Section 5).

- There is intense focus on reducing conflicts of interest and in this order of ideas, the serving senators and representatives cannot occupy other positions in civil offices (Section 6).

- Before being passed, each new law will be presented to the United States President, who shall choose whether it will be passed or not (Section 7).

- in order to impose new taxes and duties, sign treaties with other states or foreign countries, or engage in war, the respective state needs the approval of the Congress (Section 10).

4. Second Article

The second article of the American Constitution presents information on the presidential power. It makes references to all liberty, equality and democracy.

Liberty

The President has the ability to freely implement some actions, without the approval of the Senate. These liberties are however reduced in number, as the implementation of Presidential decisions generally requires the consent of the Congress. Yet, the President has the liberty to "fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the end of their next Session" (Section 2).

In his quality as the leader of the American Army and Navy, the President has the liberty to grant "reprieves and pardons for offenses against the United States, except in cases of impeachment."

Equality

- Each state in the U.S. plays a proportionate role in the presidential elections: "Each state shall appoint, in such a manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress" (Section 1).

Democracy

- a selected president can only rule for two mandates, which cannot the prolonged to an unspecified time period; the president shall be elected for the period of four years (Section 1).

- the high rank occupied within the political structures of the United States will not save the President, the Vice President and any other civil Officers of the North American country from dismissal and trail in cases of "treason, bribery or other high crimes and misdemeanors" (Section 4).

- the powers of the President to sign treaties and appoint U.S. officials within and outside the country are limited to the "advice and consent of the Senate" (Section 3).

- Still in terms of transparency, the president will have to communicate with the Congress on constant basis and, from time to time, he will have to submit reports and inquire on the Congress' take on several issues. "He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient" (Section 3).

5. Third Article

Organized within three sections, the third article of the Constitution provides information on the judiciary power within the United States of America. This power is granted in the hands of the Supreme Court, as well as other inferior courts. Similar to the previous two articles, this third one makes references to all three philosophical principles of liberty, equality and democracy.

Liberty

- in this article, the emphasis placed on liberty is the least intense one; yet, it can be implied that every one of the American citizens or political representatives has the liberty to manifest their state given rights, and that the Supreme Court and the other inferior courts are in charge of ensuring this liberty by trialing and convicting those who break them.

Equality

All judges will receive compensation for their services and will be subjected to the same treatment: "The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not… READ MORE

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