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Articles of Confederation and the US Constitution - Essay Example

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Summary
Power belongs to people. However, the new framework of the Constitution describes power as political and suffused in "American business, public policy, and political theory" (David T. Canon et al). In reality, power as belonging to people is highly debated and defined from time to time in the courts of law…
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Articles of Confederation and the US Constitution
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Download file to see previous pages Nonetheless, the common man in the United States enjoys his/her fundamental rights. S/he can sue the national government if s/he feels that his/her rights are violated.
The United States Constitution supports the federal form of government. This is governance by the rule of law. The essence and treatment of law is supposed to be with the judiciary. The judiciary interprets the law.
The new framework of the Constitution does not overtly affect the liberty of citizens except on the issue of taxes. There are taxes levied by the federal and state governments. The US citizen has the right to expression, movement and to earn his living. The Constitution does not come in the way of these. The same sex marriage and abortion laws differ between the states. There are variations in same sex and abortion laws and these persuasions are supposed to be in the best interests of the citizens. (David T. Canon et al)
In the same manner, there are other issues such as housing, medical care, employment, etc. where laws are framed for the good of citizens but are subject to dispute in the implementations. However, the overall position of the common man is significantly better when compared to other nations.
The issues are between the states and the national government. ...
where laws are framed for the good of citizens but are subject to dispute in the implementations. However, the overall position of the common man is significantly better when compared to other nations.
The States and National Government
The issues are between the states and the national government. The United States is a large country with 53 states. The states provide the national government the means to stay alive. Hence, provisionally the states are in a position to dictate terms to the national government. By itself, the national government does not have the wherewithal to survive. At best, it could try and keep itself afloat on negotiations. But such strategies do not last.
The Civil War (1861-1865) was the defining moment for the bona fides of the national government. President Abraham Lincoln had to pay for it with his life. Nevertheless, he left a legacy for the national government to emerge stronger. It made conditions better for succeeding national governments to build and maintain an army. The federal government raises and supports an army. The president of the United States is the commander-in-chief of the army. The control and maintenance of the army gives the national government more powers vis--vis the states.
Nonetheless, the maintenance of an army can only play limited role. Other countries ruled by the army are not effective as the United States. Hence, although the president of the United States is the commander-in-chief of the army, the country still enjoys democracy. The rule of law is prevalent and there is election once every four years.
Foreign Affairs
At the time the US Constitution replaced the Confederation, the United States was not a super power. It was more seized of ...Download file to see next pagesRead More
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