American Revolution Reading and the US Constitution

Running Head: American Revolution Reading

American Revolution Reading 3

American Revolution Reading

1.) According to the preamble of the constitution, what is the purpose of the constitution? What connections to enlighten thinkers do you detect in the preamble?

The preamble is the constitution’s introductory part or statute, and it states the reasons or intentions of the constitution to the people. About the preamble, the purpose of the constitution is to protect the people against the abuse of powers. Power can be abused by the state, legislature, Congress, or any other body or individual in authority. Therefore, a good constitution should be one that protects her people against any form of abuse by the authorities. Besides, a constitution should be able to improve public confidence in the government. Democratic governments usually obtain their constitutional mandates from the citizens. In this case, a good constitution should provide checks and balances between the government and its citizens to establish and promote public confidence in the government. Finally, the constitution authorizes the government to the government to perform certain functions on behalf of her people. (Douma, 2017)

Consequently, preamble intents to support popular sovereignty signified by using words like \\\\\\\"we the people\\\\\\\" to claim that the sovereign power belongs to the people and not the states. Secondly, the preamble is a source of power to the national government. For example, the governing bodies like the Congress that exercises power on behalf of the people to encourage the general welfare and ensure tranquility have got the preamble to supplement such powers. Equally, a preamble is simply a symbolic language that has no significant function. It is considered a philosophical language used to describe the purpose of the constitution; however, it is not used during the interpretation of the constitution. For example, courts rarely refer to the preamble during judgment or interpretation of the constitution. (Douma, 2017)

2.) What branch of the government does Article I of the Constitution address? What are the powers and responsibilities given to this branch? Who can serve in this branch? How are people elected to the branch? How is the number of people in this branch determined and divided amongst the states? What does Clause 18 of Section 8 of Article I say, and how do you interpret its meaning?

The article I of the constitution addresses the legislative branch of government, which comprises the Senate and the House of Representatives (Congress). Like any other government branch, Congress equally has its powers and responsibilities as the legislative branch. The Congress is the only governmental body with the powers and responsibility to make and change laws that govern political entities like a country or city. Both chambers also have investigative powers and can forcefully order to produce evidence as they deem necessary during investigation processes. The oversight of the executive branch is also another important responsibility of Congress to ensure the President does not abuse his or her powers while implementing various laws and regulations. The Congress also has the powers and responsibility to approve presidential appointments and declare war when necessary. (Douma, 2017)

One can serve in the legislative branch either through election or appointment to the representative or Senate house. To be an elected member of the representative, he or she must be 25 years or older and must have been a citizen of the united states for at least seven years. While for one to be elected as a member of the Senate, they must be 30 years or older and must have been a citizen for a minimum of 9 years. The representatives are elected after every two years and do not have term limits, while senators are elected after every six years and equally have unlimited term limits. For the Senate, each state elects two senators irrespective of the population size.

On the other hand, the house of representatives has 435 members, and each state has several representatives proportionate to its population. A member usually represents an average of 70,000 persons. The Congress enacts regulations that determine the number of representatives in each state based on the population size.

On the other hand, Clause 18 of Section 8 of Article states that \\\\\\\"To make all Laws which shall be necessary and proper for carrying into Execution the preceding Powers, and all other Powers vested by this Constitution in the Government of the United States, or any Department or Officer thereof.\\\\\\\" This means that Congress has a choice to decide on the implementation of the listed powers. (Douma, 2017)

3.) What offices does Article II of the Constitution create? Who elects these positions? What are the powers of these offices? Who may serve in these offices?

The constitution’s Article II authorizes the executive branch of the government, which consists of the President. The President ratifies the laws and bills made by Congress. To elect the President currently, parties nominate their electors based on various formulas. After that, in a popular election, each state elects its electors. Subsequently, the party with the most popular vote gets all of its electors chosen. Once elected, the electors assemble in their various states to elect the President and vice president. The President is the executive’s head and has certain powers bestowed unto his or her office by the constitution. One, the President is the commander in chief of the armed forces. This means that during an event of war, the President has the mandate to make key decisions that are vital to the country. Secondly, the President has the power to enforce all the laws that Congress has passed. Also, the President has the constitutional powers to make treaties through the approval of the Senate. (Douma, 2017)

To serve as the President of the United States of America, he or she has to meet certain set conditions by the law. For example, a presidential candidate must be a natural-born of the United States of America. However, in a case where one is born overseas, either of the parents must be a citizen of the United States of America. Equally, a presidential candidate must have attained the age of 35 years to hold the office as the head of the executive. (Douma, 2017)

4.) What body does Article III establish? What is this body\\\\\\\'s power? Who appoints members of this body? Who confirms them?

The US Constitution’s Article III establishes the judicial branch of the federal government. The judiciary includes the Supreme Court and subsidiary courts created by Congress. The judicial branch of the government has responsibilities and powers bestowed to them by the constitution. Some of the powers include interpreting the state laws, particularly where more than one party has a discrepancy on what the law stipulates about given issues. The judicial also have the mandate and power to settle any legal disputes by hearing all the aggrieved parties, thus, pronouncing judgments based on the law. (Douma, 2017) Finally, the government\\\\\\\'s judicial branch has the power to determine the guilt or innocence of those accused of criminal laws of the state. (Douma, 2017)

While the government\\\\\\\'s legislative and executive branches are elected by the people, the President nominates the judicial branch and then the Senate confirms those nominations. However, the House of Representatives or members of the Senate can recommend the names of potential appointees. Judicial service officers are usually appointed for a lifetime. (Douma, 2017)