Does the Constitution of the United States Prevent Effective Government - Essay Example

Does the Constitution of the United s Prevent Effective Government? Introduction As John Stuart Mill said, constitutions are the work of men...they did not wake up on a summer morning and find them sprung up. The United Stated constitution will be argued in this paper not as a barrier for the effectiveness of a government but as otherwise. This argument will be supported by looking at the articles on the constitution which help the government be effective. Constitution One can look at constitutions in two ways. The first reflect their historic role as regulator of the state’s power over its citizens. Friedrich Hayek (1960), an Austrian Liberal views a constitution as nothing but a device for restricting the power of the government. Carl Friedrich (1965) similarly defined constitution as a system of efficient, regularized restrictions upon government activities. From this point of view, the key attribute of a constitution is its statement of individual rights, particularly those held against the state. Definitely, a bill of rights at the present form parts of almost all written constitutions, the first Bill of Rights included the ten amendments quickly appended to the American Constitution in 1791, covering such liberties as freedom of religion, speech, the press, and the right of the people to bear arms (Lloyd 2006). The second and somewhat neglected role of constitutions is as power maps, defining the structure of government. Constitutions articulate the pathways of power, describing the procedures for making laws and reaching decisions. As Sartori (1994) wisely observes, the defining feature of a constitution is this provision of a frame of government. A constitution devoid of a declaration of rights is still a constitution, but a document lacking a power map is not a constitution. A constitution is therefore a form of political engineering, to be judged like any other construction by how well it survives the test of time. From this perspective, the United States version, still standing firm after more than 200 years, is a triumph. Procedures for amendment are an important component of the constitutional architecture. Most constitutions are rigid or in other words, entrenched, thus rendering them more acceptable to the various interests involved in their construction (Sartori 1994). A rigid constitution offers the general benefit, much prized by liberals, of predictability for those subject to it. An entrenched constitution also limits the damage should political opponents obtain power, for unless they can clear the amendment hurdle they too must abide by the values embedded in the settlement (Sartori 1994). For a constitution to be rigid, there should be a set higher level wider spread of support required for the passage of ordinary bills. In the United States a two-thirds majority in both houses of Congress and approval by three quarters of the states is needed (Baker 2000). Although rigid constitutions may appear to be incapable of coping with change, in practice they are more adaptable than they seem (Brownson 1996). Judicial interpretation is the key here. The American Supreme Court, has become skilled at adjusting an old document to fit new times, reinterpreting a constitution designed in the eighteenth century for the fresh challenges of later eras (Greenhouse 2007). Thus one contrast between rigid and flexible and rigid constitutions is that in the former the judiciary manages evolution while in the latter politicians take the lead. In other words, rigid constitutions express a more liberal interpretation of democracy.  Constitution and the Government There are three main problems that the United States Constitution solves but this paper will focus only on one: how the people of USA be granted an effective government. The first two articles of the constitution specifies its intention of providing the US with an effective government, the first declares the function and power of the Congress, the second states the powers of the president, and in addition to this the powers of the Supreme Court is stated in the third article (Brownson 1996). Many believe that the presidency and the national parliament are needed in order to provide a strong government. Furthermore, article two cites that the president is the head of stated for the United Stated of America and the chief of the armed forces but despite this great power, his actions and decisions can be seriously checked by the congress. Thus, the president has the armed forces at his disposal when he thinks that the security of his people is in danger. The president can also dispatch military forces to put down civil disorder or rebellion and if necessary, to enforce federal laws. But then he cannot use this power to declare war whenever he wants because of the legislative power is in the hands of the congress and not his. Limitations on the powers granted to the government acts also as a protection on the liberties of the people. The U.S Treasury Department for example, it is responsible in collecting taxes, but then an act of Congress must authorize them first before any expenditure of that tax money. The Constitution must be followed by all government officials when they carry out their duties. The Article 6 of the Constitution for example states that there should be no religious tests that any employer will require to any employee to any office of public trust in the United Stated. In effect, even the President cannot require any employees of the executive branch to go and attend church services of any kind to keep their jobs. Article two declares how the congress possesses great powers when it comes to matters of legislation and appointing of judges to the Supreme Court (Brownson 1996). The congress is divided into two houses, the House of Representatives and the senate. The main reason of such is based on the concept of democracy and at the same time the fear of it. It authorizes the Congress to create all laws which shall be required and appropriate for carrying into execution the foregoing powers. The United Stated Constitution placed some necessary restrictions on Congressional power which do not restrict its effectiveness as a government branch. Some of the restrictions in the power of the Congress include its inability of containing habeas corpus or the right of an accused of a crime to be familiar with the charges against him. The Congress is also unable to pass ex post facto laws, nor give partiality to any port of commerce, nor give or permit any federal office holder to accept a title of nobility (Mattilla 2006). The Congress also is unable to serve concurrently in any other civil office. These restrictions of the government stated in the constitutions do not necessarily limit its efficiency. When the founding fathers faced the problem of power problems, they thought of the separation of power system. The constitution stated that the power and sovereignty will be distribute to the between the federal and state governments. This offers a natural and practical arrangement for organizing large states such as USA. It provides checks and balances on a territorial basis, keeps some government functions closer to the people and allows for the representation of ethnic differences. It also reduces the national executive, preventing the over-centralized character of some unitary states such as Britain and France. In addition, the existence of multiple states produces healthy competition and opportunities for experiment. As the American Supreme Court Justice Brandeis said, a single courageous state may try novel social and economic experiments without risk to the rest of the country (Greenhouse 2007). Citizens and firms also have the luxury of choice: if they dislike the government of one state, they can always move to another.   On top of it all, federalism reconciles two modern imperatives: it secures the economic and military advantage of scale while retaining, indeed encouraging, and cultural diversity. For such reasons, forming of federation as stated in the constitution can certainly be considered realistic and tested option for diverse and often divided countries. Political Role Given to the Judiciary More than ever before, the judges participate in politics striking down policies and laws deemed to contradict the constitution (Buchanan 2005). But why should be the judges permitted to encroach on the authority traditionally accorded to the elected branches of the government? The fundamental argument for this kind of debate for the judicial authority is a liberal one: the tyranny of the majority is tyranny nonetheless. Subjecting the government to the rule of law is a core achievement of Western politics, an accomplishment to be cherished rather than criticized, Dividing the power among the legislature, executive and legislative branches of the government is in practice the only way of containing it. This makes the Supreme Court the highest body in the land which the president cannot overthrow (Greenhouse 2007). Conclusion The US constitution, like any other else, creates a general framework for organizing and operating a government (Hayek 1960). But then, it is not a detailed blue print for managing on an everyday basis. It consists of more or less 7,500 words. It does not endeavour to write all the details of how to run the national government. Government officials provide the details that fit the general framework. As a general framework, the Constitution must be construed as specific problems arise. The 4th amendment for example, protects people against “unreasonable searches and seizures”. But this is not clear, what does unreasonable searches and seizures mean? In Constitution was written in 1787, at that time there were no automobiles yet. The question then is that, will this amendment allow the police to stop and search a car? In the trial of Ross against United States, the Supreme Court decided that the police could (Balkin 2004). Some of the controversial events which suggested that indeed the constitution has been very effective and a successful one are seen in what happened to President Nixon. A president who acts in a way which threatens the civil liberties of the people often do not stay long in office, like what happened to him. He was forced to resign through impeachment after the role he played in the Watergate Scandal, a wire tapping scandal which became public. More appropriately, if the constitution was a barrier in the effective performance of the government it would have not lasted this long and United States should not be in its place today, the most powerful country in the globe. References Baker, R. K. (2000). House and Senate, 3rd ed. New York: W. W. Norton. Balkin, Jack M. (2004) The passionate intensity of the confirmation process. http://jurist.law.pitt.edu/forum/symposium-jc/balkin.php Bork, Robert. (2003). The Worldwide Rule of the Judges. Washington, DC.: American Enterprise Institute Press. Robert Bork, Coercing Virtue, The Worldwide Rule of Judges (Washington, D.C.: American Enterprise Institute Press, 2003), pp. 13 & 9. Brownson, O. A. (1996). The American Republic: its Constitution, Tendencies, and Destiny, http://www.constitution.org/oab/am_rep.htm Buchanan, P. (2005). The Judges War: An Issue of Power.www. townhall.com Friedrich, C. (1965). Constitutional Government and Politics. New York: Harper Greenhouse, L. (2007). In steps big and small, Supreme Court moves right. New York Times. http://www.nytimes.com/2007/07/01/washington/01scotus.html?_r=1&ex=1186200000&en=77ea233cdfa865cf&ei=5070 Hayek, F. (1960). The Constitution of Liberty. Chicago IL: University of Chicago Press. Lloyd, G.(2006) Introduction to the Constitutional Convention.  Retrieved http://www.teachingamericanhistory.org/convention/intro.html Mattila, H. (2006). Comparative Legal Linguistics. Ashgate Publishing. Sartori, G. (1994). Comparative Constitutional Engineering. Basingstoke:Mcmillan. http://muse.jhu.edu/ Read More