How Does The Constitution Guard Against Tyranny - Essay Example

The constitution divides the government into three parts comprising of the Judiciary, Executive and Legislative. The three arms of government rule over the country while performing different purposes. A core function of the constitution is protecting against the rule of tyranny. Tyranny defines a state where one individual exercises excessive abuse of power.

Before the proclamation of the constitution in the country, there was the rule through the Articles of Confederation. It took 55 delegates amending the previous Articles of Confederation in Philadelphia in 1757 to form the new constitution. There are various ways which prevent the rise of tyranny in the current society, such as:

• Separation of Powers
• Feudalism
• Checks and Balances
• Equality of Large and Small States

Separation of powers is a technique in preventing the growth of tyranny. The mandate separates powers into the three arms of the government. The essence of the division is equipping each branch of the government with equal power. The power-sharing creates a balance with each branch to avoid cases of one powerful branch. Each branch is separate from the other while holding a different purpose.

For example, congress falls under the legislative branch. The branch holds various functions, such as to declare the nomination of the president. The president falls under the Executive branch. The supreme courts fall under the Judiciary with the mandate of interpreting and applying laws. Each branch has its mandate; therefore, it prevents the cases of tyranny.

The feudalism system is another technique given to prevent the growth of tyranny. A feudalistic state ensures a division of power between the ruling state and the subsequent smaller governments for other states. The essence of sharing power given between the two forms of government is for ensuring equality.

For example, the central government is given a mandate over trade, declaration of war, drafting immigration laws, and foreign affairs. The small state governments also receive the powers to control over the setting of local governments, carrying out elections, making business regulations and establishment of educational facilities. However, both forms of government hold the same power in setting courts, enforcing laws, and other state functions. The feudalism system protects against the growth of tyranny.

Checks and balances provide another system for the state. There are instances where one branch abuses its power. Therefore the other branches can keep it in check. The cases of excessive power become obsolete. A good example is with the congress and its mandate in approval of presidential nominations and impeachment of the president.

However, the president holds powers given through congress in nominating judges. Another example is where the president is within their mandate to declare judges’ appointments, but the court is within its powers to declare unconstitutional presidential acts. The last example is where the court can declare the laws as unconstitutional, but the congress is within its powers to declare the impeachment of judges.

How does the constitution guard against tyranny? These various techniques given ensure tyranny does not exist in our country. The lack of proclamation of the constitution would pave the way for a state of dictatorship to take over. Therefore, it is essential to understand the process leading to the formation of the government. Furthermore, there is a need to understand the functions of the state. The functions help in preventing cases of tyranny.