U.S Constitution

The American government and supreme have been unified by the U.S Constitution, and it has also implemented many benefits such economic growth, political stability and freedom. The U.S constitution was established in September 17, 1787 and since then, amendments has been done for several times. The amendments are done for the purpose of defining the civil liberties which holds the rights of citizens. U.S established the constitution to create a strong government, to maintain peace, to defend enemies and ensure that all people are treated fairly and they enjoy the human rights (Dimitrakopoulos, 706). The U.S constitution has three major purposes. First, the constitution serves the purpose of creating the national government which is divided in to three branches namely: the judicial, legislative and executive. The constitution protects the three branches from tyranny through the provision of checks system and balances.  Second, it divides power between the federal government and the States. This means that the constitution provides federalism since the government has strong power than the State. The Constitution ensures that there is no concentration of power in the governmental structures. However, the constitution provides the government with a limited power than the State governments. This is because, the limited power is within in the constitution and so the authority is under the States of individual control (Dimitrakopoulos, 706). Thirds, the U.S constitution ensures that people are free from government intrusions. For example, in Article 1, constitution states that people are protected from ex post facto laws.  This rule prevents people from being punished for things which are not illegal.  The personal liberty is contained in the Bill of Rights which was established to emphasize the issue of individual rights (Dimitrakopoulos, 707).

 

 The U.S Constitution is flawed in the separation of powers. This is because; the Constitution did not develop an explicit declaration of the separation of powers according to President James Madison. The president said that during the amendment of  the Bill of Right,  his proposal for proving an explicit separation of power was rejected and Congress members termed it as redundancy as they were interested with  implicit separation of powers. Despite the fact that separation of powers was based on eliminating power concentration and providing war weapons to the three branches, Madison argued that the separation of power concentrated on freedom maximization rather than efficiency (DiPaolo, 205). Other point is that the U.S Constitution is weak in separation of power   in that in 1937 when Roosevelt proposed an amendment for the number of Justices, there was a conflict between the idea of judicial power and New Deal politics. Initially, the Judiciary had a weak power but Marshall who was the Chief Justice declared the Congress unconstitutional Act and strengthened the judicial power thereby creating a power balance between the three branches (DiPaolo, 205). This clearly states that the Constitution for many years has  failed to provide an explicit separation of powers but rather it has  provided  a  tyranny safeguard  associated with ‘auxiliary precautions-  meaning that  there power between men and men and the  government lacks governmental control-  rather than  focusing on  society will, principle of justice and moral responsibility(DiPaolo, 208).  

 

I propose that the U.S Constitution should amend the separation of powers. This is because; there is confrontation in Chevron deference between judicial, legislative and executive. The Supreme Court should evaluate the level of deference between the administrative agencies and place a great concern on the judicial functions. Rather than focusing on law interpretation, the Supreme Court should focus on independent judgment. Due to the lack of Chevron deference, there have been unchecked agencies where unelected officials have been given the authority to make Federal Government decisions (Lundmark, 7). Therefore, the Supreme Court should ensure that all branches have equal power and avoid the limitation of delegated authority.  Focusing on legal implication of separation of powers, a change in separation of powers will redefine the Executive functions as a result of constitutional order.  Rather than remaining as the chief executive, the roles will be based on political leadership. In addition, there will be advancement in the Administrative lawmaking. There will law regulations and creation of administrative state since the key role will be to regulate the inevitable (Lundmark, 7). The amendment will lead to ethical implication in that the separation will preserve liberty and create a good government. The amendment will eliminative the ‘auxiliary precautions’ and implement the reciprocal checks where the power will be unified and independent.  In addition, the separation of powers will prevent tyranny and allow the   federal government branches to execute their functions effectively (Lundmark, 8).

 

 

 

 

 

 

 

 

 

 

 

Work cited

Dimitrakopoulos, Dionyssis G. Individual Rights and Liberties Under the U.s. Constitution: The Case Law

of the U.s. Supreme Court. Leiden: Martinus Nijhoff, 2007. Internet resource.

 

Lundmark, Thomas. Power & Rights in Us Constitutional Law. New York: Oxford University Press, 2008.

Print.

 

DiPaolo, Amanda. The Separation of Powers: A Framework for Guiding Judicial Decision Making When

the Executive Limits Individual Liberties During Armed Hostilities. , 2008. Print.