Fundamental Principles of American Government - Term Paper Example

The American government – Its Principles Introduction Each and every world society has a political structure. Following the revolutionary war, the forefathers of the U.S. started to plan their political composition (Lineberry 6). In response to years of unjust ruling, the founding fathers centered on establishing a regime, which was far much different from that of the United Kingdom. The United States’ founding fathers did not desire for a tyranny or monarchy. Instead, they desired a political organization rooted in the following five principles, which are limited government, consent of the governed, democracy, rule of law and representative government (Lineberry 6). The government of the United States is today still rooted in these five key principles of government. For instance, citizens of California are practicing popular sovereignty through endeavoring to recall Governor Davis (Ross 52). A debate over limited governance has arisen as the federal regime fights for more freedom to probe the personal lives of alleged terrorists (Ross 52). Bills are being proposed on a daily basis in Congress, which the President has veto power to ensure that federalism, checks and balances, as well as the separation of powers are incorporated in every facet of the Unites States government. The government is separated into three branches that are all governed by this principle. The three branches are the Legislative branch, the Executive branch, as well as the Judiciary branch. The American Constitution itself it governed by these principles, which also works in vice versa. This means that the American Constitution and these principles govern each other. This paper will discuss the major principles of the American government, such as the rule of law and democracy, among others, and provide and analysis of the pros and cons of the issue making use of sources on both sides. Principles of the American Government Consent of the Governed Consent of the governed refers to a phrase of the U.S. Declaration of Independence (Lansford 97). Consent of the governed is synonymous with a political concept where the United States’ government moral right or legitimacy to apply state power is only legal and acceptable when founded on the society or people over which that political power is executed. The concept of consent, in the United States, was always compared to the divine right of rulers and has always been invoked against the authenticity of colonialism. Thinking in a similar way to that of English philosopher John Locke, consent of the governed dictates a nation be established upon the consent of equal and free citizens is a country of happiness (Lansford 97). The American Congress has no power to levy taxes and is urged to request supplies, money, as well as troops from its citizens to aid their war efforts. According to this principle, the elections of individuals to work as representatives of American citizens in the Congress should be free, and that every citizen that has adequate proof of permanent universal interest with the community cannot be deprived of the right to use public property devoid of their own consent or be taxed. The selection of delegates to the Congress is mainly through popular conventions, however, in some cases, through state assemblies. The source of power and authority of the Congress is sought only in the assent of the citizens, without which, then every congressional resolution is considered a mere brutum fulmen (Lansford 98). Limited Government The limited government principle restricts the American government power to intervene in the exercise of civil liberties as it normally stated in the Constitution (Lineberry 45). It is a principle of free market libertarianism, classical liberalism and some tendencies of conservatism and liberalism in the U.S. This interpretation of limited government supports that the American government is internally restricted by the system of checks and balances, along with the Constitution itself, which may be enhanced, and externally by the republican code of electoral liability. Such an interpretation of limited government does not place ideologically, and arbitrary prejudiced parameters on the actions of the American government, and; therefore, allowing the government to transform as time requires (Lineberry 50). James Madison, in 1789, offered to the 1st United States Congress a string of Amendments (ten) to the U.S. Constitution, currently referred to as the Bill of Rights (Lansford 86). After naming specific rights preserved by the Congress in the first 10 Amendments, this immediately spelled out limited government principle. Together, these Amendments explain the distinctions between the enumerated rights of American citizens versus the specifically codified entrusted powers of the federal regime. The 9th Amendment codified of the American citizens do not have powers are expressly entrusted to the federal government particularly by the Constitution. The American government can perform some things and not others through the limited government principle. The Constitution restricts the power of the government in numerous ways. It restricts the regime from directly hampering with various key areas: association, conscience and expression (Lineberry 50). Other events are prohibited to the federal regime and are reserved to local or state governments. Rule of Law The rule of law mainly refers to the authority and influence of law in the American society, particularly as a restraint upon behavior, comprising of behavior of government officials. All government officials in the U.S., comprising of the President, members of Congress and Justices of the Supreme Court, always vow first to endorse the Constitution (Lineberry 53). These vows confirm that the rule of law is far much superior to the rule of any American leader. Also, the federal government has significant discretion: the Congress is free to determine what statues it will write provided that they stay within the dictated powers and acknowledge the constitutionally safeguarded rights of the American citizens. Similarly, the executive branch has a number of discretionary powers such as prosecutorial discretion and the judicial branch has a degree of judicial discretion. Scholars persist to debate whether the United States Constitution assumed a particular understanding of the rule of law (Lineberry 55). For instance, they argue that law in the American Constitution is described as that which is officially or legally binding instead of being described through formal or substantive classes. According to them, judges do not have the judgment to determine, which laws fail to satisfy such vague and unwritten criteria. James Wilson stated at the 1787 Philadelphia Convention that law can be unfair, unwise, dangerous, destructive and yet not so unconstitutional as to validate judges in declining to grant them effect. Wilson concurred that judges could affirm that an unconstitutional law is void. However, in line to every law, however unfair, pernicious, oppressive, they would be restricted by the roles as judges to grant it a free course (Lineberry 55). Democracy Democracy refers to a kind of government through which all entitled citizens contribute equally in the proposal, establishment, as well as creation of its laws, either directly or indirectly through constitutionally elected representatives (Childers 62). It comprises of social, cultural and economic conditions, which allow the free and equal exercise of political autonomy. Many people argue that the United States is not a democracy because the majority enforce their rules on the minority, but it is the complex structure of the United States Constitution, which persuades this (Childers 62). The country is fully democratic, and it particularly uses representative democracy for its governance. Democracy was not created by the Americans. Instead, the notion of the people as rulers of a nation had clear 17th – 18th century ancestry in European history, in particular, Rome (Childers 62). The involvement of America lay in what the country did with the theory that citizens were sovereign, as well as how they endeavored to put the idea into practice, which eventually led to democracy in the United States. Prior to the American Revolution, few cases were present of people intentionally establishing their own governments. Most countries in the world practiced governments as an inheritance through monarchies. However, this was not in the United State (Childers 63). In the U.S., citizens were given the chance to elect their leaders, as well as those who would represent them and their views in the Congress. Even though, people consider that such a principle is unfair to the minority, it is still representing a majority of citizens in the nation, which is no harm at all. Representative Government Representative government has, in the past, denoted a system through which citizens choose their policymakers, who are then held liable to them for their activity in government (Vile 40). Representative government, also known as an indirect democracy, has been broadly acknowledged as the only practicable form of democracy. In the United States, the approval of representative government as a lawful democratic form has ancient roots. Such arguments can be traced back to philosophers such as Locke, whose publications were broadly adopted by the founding fathers of the United States government (Vile 40). A majority of the colonial governments were indirect democracies in the sense that they were ruled by constitutionally elected policymakers, even though some, markedly Pennsylvania’s were not. American state, as well as federal governments, have been representative even since they were founded in 1789 (Vile 40). Federal policymakers are all constitutionally elected and can vie for reelection every, two, four or even six years. All state regimes are obliged and legally guaranteed to be representative forms. Therefore, the reality the U.S. needed representation did not sit well with a generation, which had fought for the independence of America and also with contemporary policymakers is false. The United State government is rooted in the notion that the American citizens hold the final authority (Ross, 103). However, in such a huge country like the United States, it is hard for each and every citizen directly to take part in governmental matters, thus citizens have the power to choose representatives to take part in governmental matters for them. This is one of the most significant aspects of the United States government, as well as their citizens’ right to vote (Vile 41). Pros and Cons of the Issue Making Use of Sources on Both Sides When it comes to consent of the governed, the pro is that it grants citizens the power to grant the government of the United States moral and legitimate rights to apply state power to matters that are legal or justified (Ross, 120). It grants people will on the basis of authority of the government. The con of this principle is that sometimes regimes can endorse unanimous consent. In essence, they do not take into consideration the views of the minorities, which leads to unfair ruling. The limited government principle safeguards the rights of the American citizens and prevents the American government from exerting excessive or utter control over citizens’ lives, speech and actions. This can also bring about increased freedom for all (Lineberry 208). This principle protects citizens’ rights, but it can as well restrict the government's capacity to act in aid of its people. Whenever the government is weak, either due to political policies or constitutional limitations, it is likely for citizens to have their freedom constrained through non-governmental concentrations of authority (Lineberry 208). The importance of the rule of law is that it dictates that the law is way above any other person in the United States, be it their citizens or also government officials (Lineberry 208). The law ensures that government officials take an oath before executing their duties. However, scholars have found out that government officials, particularly judges, use this principle to dictate harsh rulings to the American citizens. Democracy, on the other hand, grants for frequent elections following a precise period of time (Vile 144). This guarantees that disliked regimes are voted out of power and substituted by a new regime, which will be required to enforce positive regulations in order to stay in power. Due to democracy, in the United States, it is the ordinary citizen who has the highest right to select their legislature, as well as their prevailing authorities (Lineberry 210). As indicated by a recent study, in the United States, not every citizen is completely aware of the political situation in the country. In representative governments, elected officers have both resources, as well as the time to make them completely informed on matters of the society. This is helpful to the citizens as they might not have the time or even the ability to familiarize themselves with every issue, which makes them less ready to take part in electoral matters (Vile 150). However, elected official might end up being wealthier than their subjects, which might make them forget their duties as their representatives. Works Cited Childers, Christopher. “Interpreting Popular Sovereignty: A Historiographical Essay.” Civil War History 57.1 (2011): 48–70. Print. Lansford, Tom. Political Systems of the World. Washington, DC: Marvell Cavendis, 2007. Print. Lineberry, Edwards, W. Government in America People, Politics, and Policy. N.p, 2009. Web. Ross, Carne. The Leaderless Revolution: How Ordinary People Can Take Power and Change Politics in the 21st Century. New York: Simon & Schuster Publishers, 2011. Print. Vile, John. A Companion to the United States Constitution and its Amendments. Westport, Connecticut: Greenwood Publishing Group, 2006. Print. Read More