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Constitutional Law - Research Paper Example

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Like the constitutions of any other countries the constitution of the United States also consists of various articles. Different articles of the constitution deal with…
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Constitutional Law
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Constitutional Law Introduction The Constitution of the United s is the backbone of any law that is currently prevalent in the country. Like theconstitutions of any other countries the constitution of the United States also consists of various articles. Different articles of the constitution deal with various aspects of the Senate and the Federal Government of the country. It is duty of the government to follow the rules and regulations framed by the constitution while forming as well as running the federal government.

We will discuss some of the aspects of Articles I, II and III of the constitution of the United States of America.Article I of the United States ConstitutionThe legislative branch of the United States federal government is the framer of Article One of the United States Constituency. This article is comprised of various sections and sub-sections that deals with structure, composition and functional ability of the government (See Touby vs. United States, 191). However, the way this article is written, the language seems to more be favorable to the Congress and not others.

As it says all the legislative powers should be vested in a Congress of United States. What if there is some other government gets the opportunity to form government. Then it would look like they will amend this section in favor of them and it would go on like that (Mistretta vs United States, 1989). Though Sections 9 and 10 deals with the limits of both Congress and States it would have been more impactful if the framer of the constitution would not get influenced while framing the Article.Article II of the United Sates ConstitutionThis article constitutes the executive branch of the government.

This includes President, Vice President and other executive officers and staffs that are appointed by the President. In this article it is mentioned that the executive powers of the federal government is vested in the President (Woods, 2013). The language of this article is more impactful as it clearly states what are the roles and responsibilities of the President without confronting Congress or Republican Presidential Candidate. This article looks like the framer does not get influenced by any party or the government and the article clearly mentions that the President should hold the Office for four years along with the Vice President post which the election of the new President would be held according to the constitutional procedure (Vasan & Sidak, 2002).

Article III of the United States ConstitutionUnlike Articles I and II, Article III has only three sections. This section deals with federal courts and judicial powers of the States. This article establishes the judicial branch of the federal government, which consists of the Supreme Court of the United States and other lower courts (Lee & Thomas, 2007). This section again does not look like influenced and the language of this article is straight forward and easy to understand. As per Section 1 of this article the judicial power of the United States in federal court need a supreme court and other lower courts (Di Trolio, 2003).

This shows how the framing of this article is more towards the philosophical nature rather than the framer getting influenced.ReferencesTouby v. United States, 500 U.S. 160, 165 (1991) ("From th[e language of this section of the Constitution] the Court has derived the nondelegation doctrine: that Congress may not constitutionally delegate its legislative power to another branch of Government.").Mistretta v. United States, 488 U.S. 361, 373 n.7 (1989) (nondelegation doctrine takes the form of "giving narrow constructions to statutory delegations that might otherwise be thought to be unconstitutional")Woods, Thomas (2013).

"Presidential War Powers: The Constitutional Answer". Liberty Classrooom. Retrieved September 6, 2013.Vasan Kesavan and J. Gregory Sidak (2002). "The Legislator-In-Chief". William and Mary Law Review 44 (1). Retrieved June 28, 2012.Epstein, Lee; Walker, Thomas G. (2007). Constitutional Law for a Changing America: Institutional Powers and Constraints (6th ed.). Washington, D.C.: CQ Press. ISBN 978-1-933116-81-5., at 451.Di Trolio, Stefania. "Undermining and Unintwining: The Right to a Jury Trial and Rule 12(b)(1)", Seton Hall Law Review, Volume 33, page 1247, text accompanying note 82 (2003).

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