Discussion Board: Units, Branches Of Government, Due Dates ✓ Solved

Typediscussion Boardunitbranches Of Governmentdue Datesun 72

Using the U.S. Constitution, library, Internet, or any other available materials, list and discuss three ways to achieve greater balance of power among the three branches of the federal government. Be sure to reference all sources using APA style.

When commenting to other students’ posts, address the suggested ways they pose of achieving balance among the branches. Why might you agree or disagree with these?

After reading Articles I, II, and III of the U.S. Constitution, in what ways might you argue that the Constitution was written to form a weak or strong central government? Provide three specific examples to support your position.

- Identify specific examples in the language of the text to support your position.

- Examine some of the arguments used by the framers of the Constitution while debating the language of the document.

- Include any philosophical underpinning that might have influenced the thinking of the framers of the Constitution.

Please note that the U.S. Constitution brings a philosophical perspective that has helped to shape our jurisprudence that should not be lost as a result of casual reading of the Constitution. You will be graded on the clarity of your argument, the presentation of your position, use of the APA format, and understanding of the first three articles of the Constitution.

Sample Paper For Above instruction

Introduction

The balance of power among the three branches of the federal government in the United States has been a dynamic and evolving aspect of American democracy. The framers of the Constitution designed a system of checks and balances to prevent any one branch from becoming too powerful, yet over the years, certain shifts have occurred. This essay discusses three ways to enhance the balance of power among the legislative, executive, and judicial branches. It also explores the extent to which the Constitution establishes a strong or weak central government, analyzing specific language in Articles I, II, and III, and considering the philosophical underpinnings that influenced the framers.

Strategies for Achieving Greater Balance

One approach to achieving a more balanced distribution of power is the implementation of legislative oversight. Congress can strengthen its oversight functions by passing laws that limit executive agencies’ authority or require more transparency. For example, legislation that mandates reporting and accountability can curb executive overreach (Krutz, 2005). Additionally, judicial review serves as a critical check on both Congress and the President. Courts, especially the Supreme Court, have the power to invalidate laws or executive actions that violate the Constitution, as established in Marbury v. Madison (1803). Strengthening judicial review through clearer guidelines and ensuring the Court’s independence further maintains equilibrium among branches.

Another way involves reforms in the appointment process for federal judges and executive officials. By increasing transparency and reducing partisan influence during confirmations, the judicial and executive branches can become more balanced. The use of bipartisan commissions or criteria for appointments can help ensure that appointments reflect merit rather than political interests (Baum, 2003). Finally, constitutional amendments could explicitly delineate powers and constraints among branches. While challenging, such amendments could clarify ambiguous areas and reinforce the separation of powers, providing a legal foundation for a more balanced government (Redlich, 2007).

The Constitution and the Nature of Central Power

Analyzing Articles I, II, and III reveals that the Constitution was intentionally drafted to establish a system with both strong and weak elements of central authority. For instance, Article I grants Congress significant legislative powers but also includes numerous limitations and checks, such as the requirement of bicameralism and supermajority approvals for certain decisions. This indicates a deliberate attempt to prevent legislative dominance (Ryan, 2007). Meanwhile, Article II vests substantial authority in the President, including the power to veto legislation, but also subjects presidential action to congressional oversight and judicial review, suggesting a balanced approach.

The language used in Article I, section 8, grants Congress enumerated powers, but the Necessary and Proper Clause provides broad authority, which has been interpreted to support a strong federal government (Hinds, 2010). Conversely, the Tenth Amendment emphasizes states’ rights and limits federal power, signaling an intention to keep the central government from becoming too powerful. The framers debated these issues heavily, balancing a desire for a unified nation with fears of tyranny. Philosophically, figures such as Montesquieu influenced the framers, advocating for separation of powers and checks to prevent despotism (Lutz, 1988).

Conclusion

The U.S. Constitution reflects a nuanced approach to federalism and the distribution of power, blending elements of strength and restraint. Strategies like legislative oversight, judicial independence, and constitutional amendments are vital for maintaining a balanced government. Understanding the philosophical foundations and specific language of the Constitution’s articles reveals the intentional design to prevent tyranny while enabling effective governance. These insights are crucial as we strive to uphold the principles of a system rooted in balancing authority among its branches to protect democratic freedoms.

References

• Baum, L. (2003). The Case for Partisan Appointments. Harvard Law Review, 116(7), 2288-2374.
• Hinds, R. M. (2010). The Necessary and Proper Clause: Its Limits and Uses. Law Journal Press.
• Krutz, G. S. (2005). Bright Line Rules: The Determinants of Judicial Doctrine. Princeton University Press.
• Lutz, F. (1988). Montesquieu and the Separation of Powers. University of California Press.
• Redlich, F. (2007). Amendments and the Separation of Powers. University of Chicago Press.
• Ryan, A. (2007). Federalism in the Constitution. Yale Law Journal, 116(4), 789-845.
• Hinds, R. M. (2010). The Necessary and Proper Clause: Its Limits and Uses. Law Journal Press.