Development in the Current System of the U.S. Government from the Point of View of the Founding Fathers - Term Paper Example

and Section # of Should they return for a visit, what would be the most unanticipated development in our current system of government from the point of view of the founding Fathers Change is inevitable. Whether it is the personality of an individual, the culture of an organization or the structure of a government, change is bound to happen. The generation gap also widens the perspective from which people think. Because people who do not belong to a certain era will never be able to understand the changes that have been brought and the necessity of those changes to take place. THE U.S. CONSTITUTION United States of America, is a truly federal constitutional republic, situated in the western hemisphere and has a good standing as a powerful sovereign state in the world. Like every country, U.S.A. has its own Constitution which was laid down by the Founding Fathers. This Constitution is the supreme law which governs the U.S.A. in all aspects of the political arena, be it be the legislative, executive or judiciary. This Constitution is the landmark legal document of U.S.A. which oversees all affairs. Changes in the constitution can have a lot of repurcussions for the countrymen. It determines the rights of every citizen, be it be a minority or a Black. It was in effect from 17th September 1787 in Philadelphia. Being the oldest Federal constitution in existence, we can expect it to have been amended the most with changing times. It has been in subsistence for long and the affect of many shifting eras would be prominent in it. THE FOUNDING FATHERS The Founding Fathers are those who framed the constitution and had a say in the Declaration of Independence. The Forefathers were a figure of 55 men who represented the great leadership that America received in the 18th century. Each one of them was a prominent and important inidividual in their own sphere. They all were well-educated and had been participating actively in national affairs. Drafting the constitution was no minor responsibility. They put all their energy and brains in coming up with the best possible constitution. Whether it was the Revolution or the U.S. Army, most of them had powerful positions of command in these areas. Their far-reaching political experience and the sweat they put in making the Constitution would make them reluctant to accept changes in it. But the number of editions and supplements that are now available of the United States Consitution speaks loud and clear that the Founding Fathers would definitely be hit with ground-breaking realities of changing times and the resultant mould of their dear Constitution. THE CONSTITUTION AS THEY MADE IT The Constitution was laid down with seven major articles, one each for legislative power, executive power, judicial power, states' powers and limits, process of amendments, federal power and ratification. Whether it was the manner of elections or the qualifications for office, the kinds of cases that may be heard by the federal judiciary or the relationship amongst the states, the process needed to go through for amendments in the Constitution or the amount of federal power in the hands of the leaders, the requirements for ratification of the Constitution the Founding Fathers had decided it all! Even the people of the past knew that amendments cannot be avoided. However, they did not want the change process to be too easy for hastening and unplanned changes to take effect. CHANGES THAT WOULD SURPRISE THEM! After the original Constitution was passed, there were a total of 27 amendments in it. These amendments were aimed at changing various aspects of the political scene, such as controlling the scope of federal power or the method of presidential elections. BILL OF RIGHTS The first ten, collectively, came to be known as the Bill of Rights and was promulgated between 1789 and 1791. They all are concerned with decreasing and restricting the power of the federal Government. As the Bill of Rights was passed just two years after the writing of the original ones, the Founding Fathers are bound to be a part of it and anything related to this document would not have surprised or astounded them much. Changes made recently or modifications made in the 19th, 20th and 21st century will have a tendency to astound our forefathers. CHANGES IN LEGISLATIVE The 12th Amendment brought about major changes in the method of presidential elections. It now stated that the electors will hold meetings in their respective states and the voting will be done by the balloting system, each for President and Vice-President. Moreover, the Thirteenth Amendment abolished slavery and emancipated all the slaves, thus granting freedom to all those who were enslaved by law. The Founding Fathers would have been in favour of these Amendments as they are in favour of humanity and independence of man. Furthermore, the Senators would be directly elected with the help of electors who would be qualified enough to be a part of numerous branches of the State legislatures. This would be viewed as favourable by the Forefathers. CHANGES IN EXECUTIVE The Twentieth Amendment made changes in the Congressional and Presidential terms and of the Succession of the President. It specified the date and time on which the terms of the President, Vice-President, Senators and Representatives will end, the time and date for the annual meeting of Congress, and what will happen if the President suddenly dies. The Twenty Fifth Amendment also had a similar theme to it, that is of presidential succession and replacement of Vice President. Such Amendments would have been looked over fondly by the Founding Fathers due to their rigid nature and the fact that they have placed tabs on the President and other members of the Congress. CHANGES IN JUDICIARY The Eleventh Amendment makes clear the power that the judiciary has over foreign nationals because the number of people who are migrating to United States of America has increased tremendously over the years. It also confined the power of its foreign citizens to sue the U.S. states in the federal courts or under the banner of federal law. The judiciary will be in no obligation to help any person from an outside or foreign state who will force a suit against a citizen or state of the United States. The Founding Fathers might not have viewed this amendment as a favourable one due to its unfriendly nature. If the United States of America is allowing foreigners to migrate and settle here, they should also be given legal protection and should not be biased against. MILITARY COMMISSIONS ACT OF 2006 The Military Commissions Act of 2006 is a Congress Act passed on 17th October 2006. It was signed by the President George W. Bush. The Act was passed keeping in mind the number of terrorists activities that have increased over the years. It keeps a strict check on enemies by detaining them for a long period of time without even providing them the facility of contact with any lawyer.The terrorists will have to go through rigid and fair trials by the military of the country and justice will be provided by giving them the deserved treatment. The Founding Fathers would not have been in favour of such an act because it would have seemed inconstitutional to them. Moreover, the Forefathers would have argued that the Act would became dangerous to the well-being of U.S. citizens as it would apply to them as well. Any U.S. citizen can be captured and tortured based on the decision of the President. The Forefathers want the safety of all its citizens and such a cruel Act would have certainly astounded them. BIBLIOGRAPHY Carnes, Mark. The American Nation Volume I. 2007. Carnes, Mark. The American Nation Volume II. 2007. Horsman, Reginald. The New Republic. 1999. Read More