The American Constitution and the Declaration of Independence

American Politics and Government
Indeed, Americas founding fathers were concerned about allowing individuals too much influence over national politics leadership. Consequently, they designed a constitution that limits the powers of individuals, and instead decentralized powers to the three arms of the government namely the presidency, legislature and judiciary. The peoples participation in matters of governance is achieved through democratic elections in which they are represented by popular leaders to the two first offices. To guard against concentration of power into the hands of minority groups, the three offices are vested with equal powers to counter check each other (Madison 297). In so doing, citizens are assured of accountable and fair representation.

This is clearly demonstrated in the federal papers 10  51. The declaration of independence emphasizes three fundamental rights of man the right to life, liberty and happiness. This declaration was made as a call for independence of the American colonies from the English crown. Within the pre-independence context, the three concepts addressed key issues that resulted from colonial oppression and domination. However, the federal papers 10 and 51 were written after independence and as such, the issues they dealt with were of a domestic nature, concerned with self governance. Specifically, they touched on the question of liberty and happiness in independent America, i.e. the influence that individual citizens had in matters of governance, over their lives and by extension, how far they can go in pursuing happiness. Accordingly, the two papers argue for a collective republican government in which a central authority determines key policies, as opposed to absolute democracy delegated to individual states.

The framers were right because majority groups would easily find constitutional provisions to dictate over marginalized groups. Even the minority have got the right to liberty and happiness. The republican plan intended to avoid the dangers posed by majority groups in the name of democracy. In any human society with peoples of diverse backgrounds and interests, it is possible for conflicts to arise. In a small independent state, a few individuals will form majority and within the context of absolute democracy, effect changes which serves self interests. I think the state of democracy in America today still reflects the value of equality and fairness to all people.

The nationalist theory of federalism argued for absolutely powers in one center of authority which acted upon all individuals within its jurisdiction. Its proponents, especially John Milton, believed that a devolved democracy in which power was controlled at different levels will weaken the central government and create loopholes for conflict of interests and political instability.  Instead, a central government should protect the rights of all people in every state. Democrats supported it for its winner takes all provision. James Madison was one of the supporters of the compact theory, which argued that a nation was made of federal states under an umbrella central government. They recognized a possibility of conflicts among individual states, thus empowered each state to address state issues, while the central government intervened on matters of national interest. Their argument was that a nationalist approach will bring together groups with conflicting interests which will lead to chaos.
The commerce clause gives congress powers to regulate foreign and inter-state trade. With the tenth amendment, congress has the powers to regulate domestic trade and address intrastate conflicts related to commercial activities. Over time, the Supreme Court sometimes overrules Congressional legislations thus limiting its influence. An example is the 1945 ruling against the Arizona statute prohibiting freight trains from carrying more than 70 cars.

The concept of selective incorporation in relation to the bill of rights involves the discriminate and partial exercise of human rights. For instance, the second amendment allows individuals to keep fire arms, yet some states like Washington DC have tough anti-gun laws that violate peoples rights to own guns. Similarly, the declaration of independence gives individuals the freedom to pursue happiness, yet the state regulate the existent to which they could enjoy happiness, for instance laws against drug use and abuse.

To conduct a survey on the opinion of Americans on a number of issues, factors to consider will include their cultural background, economic status, religious beliefs and political orientation. Factors of gender, age and marital status will also influence the outcome.

Socio-economic factors influence peoples participation in the political process in several ways. For instance, wealthy individuals and investors would want a government that will lower tax rates. The positions taken by various groups in Obamas health bill are a good example. Similarly, people of high standing in society consider the influence they gain by aligning themselves with certain parties, for example the Kennedy familys role in the Obama presidency.

0 comments:

Post a Comment