Declaration of Independence and the Constitution of the United States of America - Essay Example

? [Module] [Teacher] October 29, Declaration Of Independence And The Constitution Of The United s of America. The Declaration of Independence was the embodying of words in which the founding fathers of the United States of America expressed the hatred of their countrymen towards the tyrannies and injustices of the British Kingdom. According to the Declaration, the people of America waited for long for the King of Britain to acknowledge their due rights. They were, however, dealt with even more severely. The British King was authoritarian, and he was convinced in the need to use force for the solution of every problem. The time went on, and the injuries inflicted upon the American people worsened. The elders of America attended forum over forum and at last addressed the British people, but they were not paid heed to. The King of Britain saw these efforts as alarming and started a ruthless war against America. This was the moment the elders of America were left with no alternative but to go for their separation from Britain (Jefferson and Fink 12-15). It was 1776 that the thirteen colonies of the Atlantic Coast rebelled against their mother kingdom England. They declared their independence and formed a confederation of states. From the very first day of the establishment of the confederation, it was loosely organized. There were no centralized powers to bind the states in a particular way. A think-tank called Congress consisted of the delegates from member states. The purpose of Congress was to make recommendations; however, it had no powers to implement these recommendations. Resultantly, the states violated the recommendations as well as laws and rules again and again. Time went by and the situation aggravated as the states insisted to retain their sovereignty. There was neither any central judiciary nor any common executive branches of law. Both were necessary for the concept of Confederacy to succeed. After a few years, the experiences revealed that it was no more possible to bind all the states together in one frame. To meet the common ends, the establishment of an effective central government was necessary. In order to frame a joint central constitution, a convention was called in Philadelphia in 1787. They had laid the first stone of the base. The efforts bore fruit when the Constitution came into effect in 1789. According to it, different states had been organized on a federal basis. Today, the United States of America consists of 50 states, all coexisting in harmony. It stands to reason that the way England treat the people of America was unacceptable for them. The Constitution aimed at removing the same distresses which had forced them in the past to announce independence. For instance, one of the grievances, as it was highlighted in the Declaration of Independence, complained against the King: “He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise; the state remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within” (Jefferson and Fink 13). The Constitution of the United States of America provides redress of the said grievance with Section-2 of the Article-I in the words: “The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for the most numerous branch of the State Legislature” (Kammen 37). The Declaration reflects the anger of the people who did not a governor who could provide them the right to vote. The King could not be reached as no representative body existed there for long to bring the people’s miseries to the notice of the sovereign of England. The Constitution provided the people of the American States the right to elect the persons who could fight for them in their cause. They were now able to send their voice to the high towers of authority through their elected representatives. In fact, it barred the future depressions which occurred when the kings do not pay attention to the people’s problems. The people of United States of America were paid high respect in the Constitution as they were given the right to elect their representatives directly. The representatives were to make laws for their welfare. Now the people had an indirect share even in the election of the most powerful authority of the State, the President. Second grievance which the Declaration of Independence lays down holds the words: “He has obstructed the administration of justice, by refusing his assent to laws for establishing Judiciary Powers” (Jefferson and Fink 13). It means the King hindered the administration of justice as he knew that what he was doing was a tyranny and actions against the justice. If the people were given access to the houses of justice, the King’s powers would have been denied and he would have got punished. It does not mean that there was no judiciary institution present at all. In fact, the system worked but if a decision of the court had to be implemented, it needed the prior assent of the King, and the King never assented to what meant challenging his authority of cruelty. Article III in its Section 1 describes the powers and duties assigned to the judiciary branch. The court was declared Supreme Court as it had all the authorities to bring the law into action. It lays down the guiding principles as: “The Judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. 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 be diminished during their continuance in office (Kammen 38). Section 3 of the same article states that: “The Judicial Power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treatise made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; between a state and citizens of another state; between citizens of different states; between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects” (Kammen 38-39). The Constitution declares the extent of the powers the judiciary branch in the following words: “In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have the original Jurisdiction”. The Section implies that not only in theory but in practice as well the Supreme Court of America is supreme. The laws passed by the Congress and the State-Legislature are subject to the review of the judiciary branch. The final authority to make any law a part of the Constitution is the Supreme Court. The Supreme Court decides whether the law is in clash with the Constitution or not. The third grievance which the Declaration of Independence registered implied that the King of England was convicted “for imposing taxes on us without our consent” (Jefferson and Fink). The King of England, in order to increase the revenue of the Kingdom and with a view to keep the Americans suppressed, imposed taxes alien to them. Moreover, he increased the volume of taxes with the every passing day. The situation resulted in the lowering of the financial status of the Americans. The Constitution of the United States of America was framed with a view to redress all the grievances of the States and to satisfy the people of these states. Section 2 of the Article I transfers the tax issue to the states in the words: “Representatives and direct taxes shall be apportioned among the several states which may be included within this union” (Kammen 40). This section rewarded the people for their struggles in the way that taxes were termed as the responsibility of the states, and that the states could best estimate the ability of a person to pay taxes. The Declaration of Independence was the manifestation of the wishes and desires of the people of America. Their longing for freedom was to design their lives on their own. The document shows that the people had been neglected for years and treated like animals. Neither of their needs was fulfilled. The life went harsh for them with every passing moment. In fact, it is the cry for the sovereignty of people: the Declaration was a demand of people for their rights and the Constitution, a fulfillment of that demand. In the Constitution of the United States of America, it was declared that the sovereignty belongs to the people of the United States. The preamble begins with the very words, “We, the people of the United States, in order to form a perfect Union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America” (Kammen 36). The people were now free to make their world in their own way. Works Cited Jefferson, Thomas, and Sam Fink. The Declaration of Independence. New York: Scholastic Reference, 2002. Print. Kammen, Micahel G. A Machine That Would Go of Itself: The Constitution in American Culture. New York: Knopf, 1986. Print. Read More