The US Constitution and the Government

GOVERNMENT

Government: US Constitution

State laws cannot conflict with the Constitution, which is a constraint for state laws. It is so because if the conflict occurs, federal law shifts the state law under the Supremacy clause of the Constitution (Cornell Law School, n.d.).

The Fifth Amendment implies that the death penalty cannot be rendered without due process of law (The New York Times, 1994). It appears that the death penalty could be enforced, which according to Eighth Amendment, would be harsh.

The appointment of power between the state and national government in the United States best describes the limitation of states to cat within their boundaries only (Shaw, 2019). They only exercise the powers assigned to the State, not the national government. States themselves, therefore, conduct the delegation.

In the light of Article II, section 2, Constitution’s clause 1, the United States president is the commander in chief of the US armed forces (Cornell Law School, n.d.). This includes army, navy, and militia of all kinds.

Although it is not specified in the US Constitution, with majority rule, The House of Representatives is delegated to elect the President, and Senate takes upon the task of electing the Vice President (“Chapter 10: Presidential Election; Electoral College”).

The President has no official role in any constitutional amendment as he cannot sign or veto as per the congressional legislation.

The department of justice is part of the federal executive department as the enforcement of laws and administration of justice is conducted by this specific department only.

The United States Constitution identified in Article II, section 2 that making treaties and giving advice or consent to the Senate are the duties fulfilled by the President (United States Senate, n.d.).

Two-third vote of the senate is needed under the light of the Constitution, Article II, section 2 for the power to give advice or consent and make treaties (United States Senate, n.d.).

The authority to establish the Constitution flows from the people is the statement directly implied by the preamble of the Constitution. No government can deprive the nation’s people of their fundamental rights.

The legislative element within the government is known as Congress. It is this department of the national institution that makes laws.

The Constitutional Convention made arguments about the comprise, and the written Constitution took place in 1787’s summer.

The original Constitution prohibited slavery as a clause in Section 9 of Article 1 clearly stated that importing enslaved people from one region to another would not be allowed (Interactive Constitution, n.d.).

Since education is not mentioned explicitly in the 10th Amendment, the responsibility and the authority regarding education are handed over to the states. They can formulate their respective curriculum according to the standards (Harvard Graduate School of Education, 2017).

The 8th Amendment is a part of Bills of Rights since the limitations are created for the sanction and inhumane treatment of the individuals who have committed a crime (Levy, 2018). They should be treated as humans, and unjustified punishments should not be imposed.

According to the Constitution, a federal judge can serve until his death or retirement (The White House, n.d.). Other conditions also include if he is removed from the position or is convicted by the Senates. It is inferred that he has no fixed term of serving.

Article 6 provided that all duties contracted by the government under the Articles of Confederation would be paid in full.

Cabinet members serve and stay in the office until the next office holders are appointed (Info Please, 2017). Their terms of service are not fixed; hence, they could stay for life.

References

“Chapter 10: Presidential Election; Electoral College”. (n.d.). https://www.govinfo.gov/content/pkg/GPO-HPREC-DESCHLERS-V3/pdf/GPO-HPREC-DESCHLERS-V3.pdf

Cornell Law School. (n.d.). Commander in chief powers. https://www.law.cornell.edu/wex/commander_in_chief_powers

Cornell Law School. (n.d.). Preemption. https://www.law.cornell.edu/wex/preemption