Republican government in US - Essay Example

?HISTORY AND POLITICAL SCIENCE Unit Introduction When United s became a republic, the framers of the constitution chose the form of republican government over other forms including democracy, aristocracy, and monarchy. Americans differ over the type of practice the republican government represents. However, they have agreed on the fundamental elements and principles of the republican government. The Republican government is said to be limited and therefore, the power of the government is divided in order to reduce the tyranny possibility. The framers of the constitution set limits on the power of the government over individuals and other states (Brudney & Culver 1-6). The Republican government is also representational, where the power of the government is exercised over citizens and is only legitimate when legislative assemblies represent all citizens. This paper aims at identifying and explaining three significant elements of the constitution that embodies the republican principle of limited government based on constitutional references. It will also name three institutions in the new government that embodies the framers commitment to the principle of representation, identify three amendments to the constitution that expands the democratic representation, explaining what each amendment has accomplished and lastly identify one passage in the Constitution that expresses the republican principle of popular sovereignty (Harris & Tichenor 34-56).. The constitution is said to be a plan or charter that represents, contract between the governed and the government. Like any contact, the constitution identifies mutually agreed obligations, duties, powers, and limitations on contracting parties which establishes the procedures for any action including citizen-voter participation. In performing such functions, constitution provides the essential laws on which other lawful systems are established (Barro &Beard 34). One of the significant elements of the constitution that represent the republican principle of limited government is where the constitution grants power to citizens, office holders and government institutions and limit all of them the exercise of power. McPherson explains that under the constitution, the sovereignty is normally divided among the state government, national government and the people, which prevent power concentration which endangers citizen’s liberty (452). Additionally, having endured more that two centuries, the constitution also has an element of four innovations in terms of practice and theory of the republican government. To start with the American constitution was written, and the innovation employed to create the state constitutions as well as the confederation articles. According to Curtsi, the written constitutions were significant from a vague body of law, British model and precedent, in which some were written or not (44-67). The constitution is also superior and separate to the government that they sought to restrain. Citizens look up to the parliament to protect their liberties from abuse of power by the state and other powerful individuals. Article V of the constitution divides the amendment power between the state governments and the national, as well as the conventions of popular citizens, where the popular conventions have been employed once since the law was amended. Some of the three institutions in the new government that embodies the farmer’s commitment to the principle of representation are the house of representative, the presidency, and the senate. However, the system of representation that the framers of the constitution established the house of representative was republicanism. Section 4, Article 4, of the constitution states that, every state in the union is guaranteed a republican form of government, but nothing has been said to add any clarification or specificity. The three institutions that embody the framers commitment were represented through direct population. This is because, on the matter of representative’s election, the framers of the constitution seemed divided. Wightman and James, Pg (76-78), explain that the constitution has always provided a direct election of the members of the house, while the members of the senators were chosen by the state legislature until when the amendment was ratified. Nevertheless, the framers of the constitution had not thought of the ability of the public to handle the political power, and that is why they thought of not expanding the right of popular election and therefore decided to expand the right of direct voting to states that had established for the largest branch of each legislature. As a result, the Supreme Court decisions, series of amendments, popular movements and the expanded electorate were expanded. The framers did not also set out the role of political parties that should exist in the process in terms of cancelling treaties. The congress and state legislature defined the responsibilities and functions of the involved parties in the electoral arena. Licht, Pg (104),claims that the framers addressed this problem by avoiding excessive and unbalanced concentrations of power in the government by coming up with a constitution in which executive, judicial and executive powers were divided by separate branches, where each check the abuse of the others. However, the amendments of the constitution that expanded the democratic representation were; the protection of freedom of speech, press and religion in addition to the right to petition the government as well as assemble. This means that the congress shall make no law regarding religion, right of people to assembly, and abridge of speech or press. This amendment expanded democratic representation because people are free to worship, express their views in both speech and press as well as have the right to assemble (Licht 104). Amendment 5 of the U.S constitution claims that no person shall be held accountable for crimes or capital unless on indictment of a jury, except in cases arising in militia or land, when in service in times of public danger or in times of war. This amendment also represents the democratic because the citizens cannot be compelled in any criminal cases to become a witness or their properties taken for public use at any time without them being compensated (U.S constitution and Government Study Guide 45-60). Another amendment that helped in expanding the constitution was the right of people to be secure in their papers, houses, effects, and themselves. This amendment guards them towards unreasonable seizures and searches unless under a probable cause, supported by affirmation or oath (Vile & John 34-66). Therefore, this amendment accomplished guarding the citizens against police enforcement officers who would think of interfering with people privacy in terms of searching their houses or themselves without any warrant. A passage in the Constitution that expresses the republican principle of popular sovereignty, talks about the republican government being sovereign where by republicans believe that the individuals at large authorize, create, hold the government accountable as well as empower it. The constitution claims that the government cannot take action without the approval of its citizens, meaning that the government is a common venture that originated and belongs to its citizens. When U.S got independence, the republic became sovereign (Regoli & Matt 34-67). Therefore, the passage that expresses the republican principle of popular sovereign in the constitution is” Governments are instituted among men, whom they derive their just powers from the approval of the people who are governed…. And whenever any kind of government becomes destructive from these ends, then the people have the right to abolish or alter it, and form a new government. Under the constitution, the sovereignty is divided among the state governments, national government, and people and as a result prevents power concentration which could endanger citizen’s liberty (US constitution and Government Study Guide 45-60). References Barro.C &Beard.C .The Republic :Conversations on Fundamentals. (2008),Pg 34 Geneva: International Labour Office, 1999. Print. Brudney.K & Culver.J. Critical thinking and American Government. (2003) Geneva, Switzerland: International Labour Office Pg, 1-6 Curtsi.G, History of the origin, formation, and adoption of the Constitution of the United States: with notices of its principals framers.(1994) New York: Harper and Bros Pg (44-67). Harris.R& Tichenor.D.History of the United States political system. London: Springer, 2009.Print.Pg, 34-56 Licht.R. Framers and Fundamental rights. New York: Routledge (2001), Pg 104, Print McPherson.E. The Political History of the United States of America.London: Oxford University Press, (2009), Pg 452,Print Regoli,Robert & Matt Delsi. Delinquency in society. The Essentials.Sudbury,Mass : Jones and Bartlett Publishers, 2011.Print. Pg (34-67) US constitution and Government Study Guide : US Constitution, Declaration of Independence. Boston : Mobilerefrence.com (2007) Pg (45-60) Vile,JohnR. Proposed Amendments to the U.S Constitution, 1787-2001. Clark,N.J : Lawbook Exchange, 2003.Print, Pg (34-66) Wightman.r &James.K. A companion to American thought. (1998), Sudbury,Mass : Jones and Bartlett Publishers Pg 76-78 Read More