Concepts in the United States Constitution
Question One
A significant difference between the Articles of the Confederation and the United States Constitution is in the form of government created by these two documents. In the Article of the Federation, 1781, there was no centralized government; the states could govern themselves and take actions independently (Bodenhamer, 21). There were no branches of government created to take over the administration duties. In the article of the confederation, there was no executive or judicial power of government. The article did not regulate the individual power states who took action against some of the treaties the nation had made with its foreign partners. In the constitution, there is a centralized government with three branches of government, a legislative branch responsible for the creation of laws (Bodenhamer, 27). The judiciary branch deals with the interpretation of the law and resolution of disputes among the public. The legislative branch is the body that implements the laws passed by the legislative branch of the government. In the constitution, the state’s power is regulated because the central government has more power; all state actions must be per what the central government wants to achieve.
There is a difference between the formation of the legislation between the article of the confederation and the constitution. The article of the confederation allowed for a single house for representatives while the constitution provides representatives in two houses of Congress. In the Article of the Confederation, the system of the legislature was unicameral, where each state had one vote to elect one representative (Bodenhamer, 16). Voting was by members of a committee of individuals from the same state who were the ones responsible for voting for their representative into the parliament. On the other hand, the constitution created a bicameral system of legislature, two houses, the Senate and the House of Representatives. The public is responsible for electing their representative into the two houses.
The constitution is an improvement of the confederation article because it contains the bill of rights, which is essential in protecting the rights of people. The bill of rights provides people with rights and freedoms, critical for their existence (Bodenhamer, 52). These rights are enjoyed by all citizens ensuring equality for all under the law. In the Article of the Confederation, there was no law protecting the liberties of the citizens, the states had total control of, and whatever they passed was law.
The constitution improved the article of the confederation in terms of giving the central government enough power to control the actions of the states even though they were independent (Carswell, 654). The relationship between the national government and states was redefined to give the federal government overall power. The constitution still allows the states to maintain some of their independence. The constitution provides the national government with authority to establish an authority that collects taxes for different projects. In the Article of Confederation, the states had complete power over their territories, and the government did not have the authority to collect taxes from them (Carswell, 658). The states contributed to the funds used to pay for debts voluntarily; they could decide not to contribute and face no consequences for their actions.
Question Three
The constitution of the United States establishes the forms of government with different powers and duties (Bodenhamer,8). Article one of the constitution establishes the legislative branch of government, Congress, which is responsible for creating laws. Article two of the constitution establishes the executive branch of the government, the president, and his cabinet, which implements Congress’s regulations. Article 3 of the US Constitution establishes the judicial branch, the supreme court of the United States, which interprets Congress’s laws.
The establishment of the three branches with different powers allows each branch to monitor and regulate the other’s actions. The constitution accords the three government power components that enable them to check the other in their activities. Checks and balances are essential because they ensure each branch acts per the law and prevents one branch from taking actions to make them more powerful than the rest (Bodenhamer,14). Checks and balances are also useful because they allow the three components to continuously work in harmony and take actions beneficial to the public. Examples of checks and balances in the US constitution include;
Check and balance in federal officials; the constitution allows the president to nominate individuals who will position in national institutions. These appointments must first be approved by Congress, which can reject the appointment if they deem the individual unfit to occupy that position (Bodenhamer, 83). These checks on the executive appointments prevent the president from making appointments that he /she wants because of personal reasons. The checks also ensure that people appointed into federal offices are well qualified to hold that position.
The judiciary reviews the actions of the president to ensure they are per the law. Each activity the government takes is monitored by the judicial, which interprets whether the government’s actions are per the constitution (Bodenhamer, 68). This check on the government’s activities allows the judiciary to prevent the executive from taking actions that will go against the constitutional right of the public. It contains the executive from taking actions that will harm the public and other branches of the government.
The War Powers Act acts as a check on the president’s actions concerning the waging war against other nations (Bodenhamer, 72). Before e the executive takes any military action in any foreign land, Congress must approve of the action firsts. If it feels there is insufficient evidence to support such a move, it does not give its support. This check is crucial because it prevents the executive military actions without any justifiable reason and prevents these actions from causing a security risk to the public because of retaliation.
Congress checks on executive expenditure, ensuring that government funds are appropriately utilized (Bodenhamer,75). The financial budget the executive creates for its spending in a financial year must be approved by Congress. This power accorded tom congress by the constitution is crucial because it gives Congress the power to reject or support the project the executive wants to implement. This check ensures that the executive utilizes the funds it’s allocated properly, preventing federal offices’ wastage of resources.
The constitution gives the president the power to veto the decisions that Congress takes. Congress can propose laws that are not in the public’s interest, and the president prevents these bills from becoming law (Bodenhamer,68). The president prevents Congress from taking too much power by creating laws that will favor its actions by failing to approve these proposed laws. This power is given to the president and protects the constitution itself from Congress, which might want to change laws that do not favor them.
Works Cited
Bodenhamer, David J. The US Constitution: A Very Short Introduction. Vol. 566. Oxford University Press, 2018.
Carswell, Jordan. “The Insufficiency of the Articles of Confederation.” 2019 NCUR (2019). http://ncurproceedings.org/ojs/index.php/NCUR2019/article/viewFile/3036/1505