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The United States Constitution




Question 1;The United States Constitution is a fundamental source of all American laws and;regulations. It is one of the most important documents in the government, written more;than two hundred years ago and still fully respected and followed until today. The;Constitution is the basis every bill passed by a Senate nowadays has to follow, what;does not comply with it, cannot be passed and approved. This powerful document;appoints power to different agencies, institutions, branches of the government and their;members, it also regulates laws and actions that can be taken in many particular;situations. It specifies conditions required for certain actions to take place. Despite of all;the power, however, the U.S. Constitution is not in control of the government, it only is a;ground for decision and law making.;The U.S. Constitution states that the President of the United States is to preserve;and respect it as much as possible. The President, who is the main head of the;government and the country, might at first seem like a person in control of the country;because of his powerful status. Indeed, The President shall be commander in chief of;the Army and Navy of the United States, and of the militia of the several states, when;Alhammas 3;called into the actual service of the United States, he may require the opinion, in writing;of the principal officer in each of the executive departments, upon any subject relating to;the duties of their respective offices (The Constitution 1787). The extent of his power;however, does not reach law- making. One of the most important tasks, it is not entirely;given to the President, even though he is required to respond to each proposed bill in;order for it to become a law. Because the Congress can still pass a bill into a law with;the 2/3 of the members approving this bill, it becomes clear that the President is;definitely not the ultimate power in the government.;The limits of the Presidents power can be observed even within the institutions;where he, by the Constitution, is the head and the sole commander. One of such clear;examples is his power over the military forces such as the Navy and the Army. Despite;the fact that the President is the commander of the Army and Navy of the United States;these forces are not entirely under his control. Both the Army and Navy are obligated to;comply with the laws that has passed the Congress. Since, according to the;Constitution, Congress can still legally pass bills that received a presidential veto;overriding his power, institutions like the Army and Navy will be dependent on those;laws. This means they will have to oblige with the laws approved by the Congress but;not by the President. This particular example shows how Congress can override the;executive branch of the government. In other words, it can show that executive branch;is ultimately subordinate to Congress.;Judicial branch of the government may at first seem like a power that may not be;called subordinate to Congress due to the fact that, by the Constitution, it can veto the;bill passed by the Congress by claiming it unconstitutional. In a way, judicial power can;Alhammas 4;override the law-making power of the Congress in case it passes a law that does not;comply with the U.S. Constitution. This also means it can override the power of the;President as well since passing a bill into a law does not initially require his approval in;the first place, however, these facts do not make judicial branch the ultimate power in;the government for several reasons. First reason is that the Congress appoints the;judicial branch and has power to control its courts, justices and members. Congress;can control significantly the composition, the budget, and most of the activities of both;the Executive and the judicial branches of the government. (Anastaplo 1989, 32).;Therefore, Congress ultimately shapes and creates this branch of the government;making it subordinate as well.;Question 2;Legislative branch of the government is different from the other two branches;judicial and executive, which have been discussed above. It consists of the Senate and;the House of Representatives. These are two houses of the Congress, where law;making process takes place. It is the only place where bills are passed, voted for or;against, and approved or rejected. In other words, Congress is ultimately a legislative;branch of the government. However, it is important to discuss its responsibilities;relationship with other institutions and branches and powers in order to call it a supreme;branch in a republic.;Congress is not only responsible for regulating, changing and making laws.;These are just a small part of the power that belongs to the legislative branch. One of;Alhammas 5;the most important powers of this branch is related to the impeachment provisions.;According to the U.S. Constitution, The Senate shall have the sole Power to try all;Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation.;When the President of the United States is tried, the Chief Justice shall preside: And no;Person shall be convicted without the Concurrence of two thirds of the Members;present. (The U.S. Constitution 1787). This also means that the President of the United;States can as well be removed by this power in case of impeachment. In other words;the legislative branch can ultimately choose a President and remove him from the;Office. No other branch or institution is empowered to do so.;Besides this power, legislation is also in control of other branches such as;executive and judicial. It has the power to veto presidential decisions, and an ultimate;power to declare a war. The United States President has to seek Congressional;approval to declare a war which further shows the limitations of his power. Moreover;members of the Congress are not allowed to be questioned which shows the ultimate;freedom of speech they hold.;Because the legislative branch is empowered to overrun presidential word in;important decisions like law-making, it can be concluded that legislative branch is in;control of what role the U.S. Constitution plays in the government and politics. Judicial;branch can veto the Congressional decision, however, it is still Congress who creates;and shapes all of the other branches of the government. Therefore, it still retains the;power to regulate the way and extent Constitution is followed and based upon.;In addition to aforementioned powers, Congress has two major powers: a direct;power over taxes and a comprehensive power over commerce. (Anastaplo 1989, 57).;Alhammas 6;Limitations found in the Section 9 of the Article I in the U.S. Constitution confirm and;further clarify Congressional power: The restrictions found in Section 9 reinforce what;we have seen in the preceding sections of Article I about the extent of the legislative;powers and about the relation of the Legislative branch of government to the Executive;and Judicial branches. It has been suggested that it is the Appropriations Clause of;Section 9 that, more than any other, gives Congress control over the acts of other;branches of government, since all depend on Congress for money to carry out their;functions. (Anastaplo 1989, 64). This quotation further shows how commerce, tax;welfare and many other areas of economics and politics such as military and foreign;relations, are almost completely dependent on the Congressional decisions.;In the end, it is important to conclude that the legislature is the most powerful;branch of the United States government. It carries out powers no other branch does, it;can approve, reject or change laws, it can appoint or remove the head of the country, it;can alter his important political decisions, it can also regulate almost all other aspects;and areas of the government. While Congress cannot carry out its functions alone;without other branches and institutions, it has the ultimate power to regulate all internal;and external politics of the country. President of the United States himself, in fact, does;not have as much power as the legislative branch. Most of his decisions are limited with;the requirement to be approved by the Congress. Therefore, legislature is to be the;supreme branch in a republic.;Alhammas 7;References;Anastaplo, George. The Constitution of 1787: a commentary. Baltimore: Johns Hopkins;University Press, 1989.;The Constitution of the United States. Washington, D.C.: Philadelphia Conventions;1787.


Paper#16004 | Written in 18-Jul-2015

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