The Constitution Essay

This essay has a total of 2133 words and 11 pages.

The Constitution



The Constitution
Right from the beginning of it’s creation the constitution
of the United States has been a shaky document. The very basis
for it being there was in fact illegal. The story of American
politics starts with the Declaration of Independence. This
document was brilliantly written by Thomas Jefferson and
compacted all of the great ideas of enlightenment into one short
easy to read paper. The declaration stated all of the ideals the
new American nation would strive for. A constitution was needed
as a way in which to fulfill those goals. The articles of
confederacy were created as that constitution. However, they were
weak, because no state wanted to give away any of their powers,
and so the articles eventually failed. That is when the modern
day constitution was starting to form. The Articles of
Confederacy stated that in order to change any part of the
document all thirteen states must agree to the change. Therefor
a meeting was called so that they could amend the failing
articles. However, representatives from two of the states did
not show up. Even though not all states were represented the
meeting started and the first vote was to totally throw away the
Articles of Confederacy. The constitution wasn’t formed yet and
it was already a flawed document. Because not all states were
represented when the articles required it, the constitution was
an illegal document. The delegates working on the constitution
new that they needed a stronger document, because the articles
proved too weak, but it still needed to please all of the states.
This was impossible. So what ended up happening was the new
ducocument became more and more vague. The only way to create a
document that would pass was to make a document which didn’t
really solve any problems but make each state believe that there
problems would be fixed. This was accomplished by making it so
that it was too vague to offend anybody but you could read into
it. This made for a document that would be seriously flawed
because people would be able to read into it too much. It could
not work. The Constitution of the United States of America was
too vague to work.
The way the constitution was written it gave power to four
parts: the congress, the executive branch, the judicial branch,
and the states. Because it was so vague it did not really define
which powers went where (with a few exceptions). It left too
much room to read into and take power away from other branches
and into your branch to give yourself more power. The
constitution leaves all unmentioned powers to the states,
representing the people. This seems like that would be allot of
power, and it would be, except that the other three branches
would read into there powers and eventually take almost all
powers so that the remaining powers were little and
unconsiquencial. Throughout the history of the constitution the
three branches of the government would time and time again expand
their powers. Each time taking more powers away from the states
and unbalance the system so that the original ideals set would be
destroyed.
Congress was split into two houses: the senate and the
house of representatives. This was one of the ways which the
constitution gave an unreal power to the people. The house is
the only part of the government which is directly elected by the
people. This made the people think they were getting a direct
say in the government, but that wasn’t true because everything
done in the house would have to go through the senate which was
run by the elite. throughout the years congress has constantly
expanded their powers through a broad interpretation of the
constitution and with every example they have abused the system
by unbalancing powers and taking rights away from the people.
The biggest thing they used to expand their powers was a
small section of the constitution which they expanded to give
them any power the saw proper of themselves to have. Article 1
section 8 clause 18 is called the elastic clause. This clause
states that congress can make any laws necessary and proper to
carry out their powers. This is one of the big reasons the
constitution can not work. this clause is just too vague to
allow any understanding of what congress’s powers are. Congress
would take this clause to the extreme. It does say the can only
make laws which would complement their listed powers. However,
they took it to mean they could do anything necessary to carry
out their “job,” which of coarse is anything in their interest,
or “in the interest of America.”
The first major example of their abusement of this clause is
the Bank of the United States. In no place does the constitution
say that the federal government has any right, or power, to set
up a business. Therefor that power would be left for the states.
This did not happen, however. Congress, “in their infinite
wisdom”, deemed it necessary and proper to create a bank to
stabilize the economy. Right from the beginning powers were
being stripped from the states. It seems the government made for
the people was now working against them because the constitution
was too vague to protect them.
In another instance congress used the necessary and proper
clause to pass the Alien and Sedition Act. These laws forbade
people to speak out against the government. Doesn’t the first
amendment protect peoples right to free speech? But since
congress thought it was necessary and proper to have a law like
this they were allowed to because that’s the way they interpreted
the constitution. Yet another right of the people taken away
because the constitution was too vague.
Even though the constitutions was supposed to help the
government achieve the ideals set by the new nation it turned out
to be one of the greatest problems the nation faced, and it was
responsible for one of the worst wars in American history, the
civil war. This problem first started with the nullification
crisis. Because the constitution was so vague that problems
erupted over where the powers were to go, the three branches of
the federal government began to gain as many powers as they
possibly could. This goes against the whole idea of American
ideals. The states were the ones who were getting their rights
taken from them through broad interpretation of the constitution,
when the constitution was supposed to protect them. this cased
the states to say that they had the right to declare something
Continues for 6 more pages >>




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