Saturday, December 28, 2019

‘Assess the View That the Us Constitution Ensures Limited...

The US Constitution, written in Philadephia in 1787 by the Founding Fathers was the product of the revolutionary war of independence, with it’s foundations strongly influenced by the works of political theorists such as Montesquieu and Locke. The Founding Fathers favoured a government that prevented any individual or particular group becoming tyrannical. Furthermore, they strongly opposed the notion of excessive government power, seen as the potential threat to individual freedom, wanting to protect minorities as well as the population as a whole, from arbitrary or unjust rule. Consequently, the Founding Fathers outlined main provisions within the US constitution in order to avoid tyranny: the separation of powers, a federal structure of†¦show more content†¦Furthermore, Schlesinger ahs argued that the checks and balances established by the CCOnstitution and acquired powers of Congress has been put into jeopardy by the ‘imperial executive’ due to the â₠¬Ëœassault of the Congressional power of declaring war being overrriden. It has also been seen in President Nixon’s rule, through the impoundments of funds, allocated for particular purposes by Congress. Nevertheless, some critics argue that the judidicary, some critics argue that the judiciary are the final arbiters of what is meant by the principle of separation of powers, which therefore provides the judiciary with subordinate levels of power. Moreover Chief Justice Hughes concluding that the ‘Constitution is what the judges say it is’ due to ability to interpret the constitution. In America, although Congress may new laws affecting courts, ultimately judges decide. Ultimately, it appears that the framework of a separation of powers put into place within the constitution can be seen to result in a limited government, however it does encounter problems such as gridlock. Although, it seems apparent that the system does mostly create a spirit of bipartisanship with branches of government working cooperatively in order to achieve success, leading arguably to more consensus seeking. 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