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The Pros And Cons Of The United States Constitution

705 Words3 Pages

The government of the United States of America had its infrastructure set in stone in the span of the year 1787 (National Constitution Center, n.d.) when this country’s founding fathers put their futures into their own hands and laid down various ground rules for the government to follow by constructing the United States Constitution. Among the words written in the U.S. Constitution, Articles I, II, and III records the given powers of the United States Congress, President, and the three branches of the national government, Legislative, Executive, and Judicial. These rules give many abilities to these parts of the government, but there are also restrictions given to them as well. Through the United States Constitution, the Congress is given …show more content…

Such as, Congress cannot pass ex-post facto laws. Ex post facto laws are laws that make an act illegal that was legal when committed, increases the penalties for an infraction after it has been committed, or changes the rules of evidence to make conviction easier (Dictionary, 2005). They also cannot pass bills of attainder, which is an act of legislature finding a person guilty of treason or felony without trial (Dictionary, 2017). Finally, Congress is unable to suspend the writ of habeas corpus, is a court order to a person or agency holding someone in custody (such as a warden) to deliver the imprisoned individual to the court issuing the order and to show a valid reason for that person's detention (Findlaw). Congress can only suspend the writ of habeas corpus during times of national emergency. (U.S. Const. Amend. …show more content…

Being the elected leader of the country, it is expected for the President of the country to have many powers, such as having the authority to negotiate treaties with other nations. The President has the ability to select multiple people to serve the government, such as most important roles such as ambassadors, the Supreme Court members, and cabinet secretaries. Many of these positions require confirmation by the Senate under the "advice and consent" provision of the Constitution (Linder). The President can also, however, remove appointed officials. In the case of Myers v. the United States, “A 1876 law provided that postmasters of the first, second, and third classes shall be appointed and may be removed by the President with the advice and consent of the Senate. President Woodrow Wilson removed Myers, a postmaster first class, without seeking Senate approval.” (Oyez) Was the act unconstitutionally keep the President to have the power to remove appointed officials? The conclusion was yes, for it is the power of only the President to remove those who are

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1. When the Constitution was drafted “Article II, Section 2, clause 2 grants the President the power to ‘appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States [except those whose positions are not otherwise already provided for in the Constitution. And] Congress may by Law vest the Appointment of such inferior Officers…in the President alone” (Presidential Powers). However, the issue of removal powers of the president where not addressed within the Constitution, therefore this issue is one that has been debated. The issue with removal power is if the president is given too much power and many member of Congress opposed this power.

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"The first amendment, which gives people the freedom of religion, press, and speech, is something taken for granted by Americans. Throughout history, free speech has been both limited and stretched by the government. The first amendment, which gives people the freedom of religion, press, and speech, is something taken for granted by Americans. Thus, the government should have the ability to monitor and control the government, but only to the extent of protecting the country against potential threats.

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No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due

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In Jackson’s proposed solution for combating expanding executive powers, he argues that it relies on Congress’s ability to act quick and efficiently in times of crisis. Jackson states that the “court [cannot] keep power in the hands of Congress if it is not wise and timely in meeting its problems.” Jackson’s argument is not viable because of the limitations placed upon Congress’s procedures. Congress is only in session for part of the year and thus is not always assembled to deal with conflicts. Congress deals with red tape, the requirement for a majority vote in both houses of Congress and many more restrictions that the founder created to stop tyranny, and allow for a fair and efficient democracy.

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