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The Pros And Cons Of The United States Constitution

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The government of the United States of America had its infrastructure set in stone in the span of the year 1787 (National Constitution Center, n.d.) when this country’s founding fathers put their futures into their own hands and laid down various ground rules for the government to follow by constructing the United States Constitution. Among the words written in the U.S. Constitution, Articles I, II, and III records the given powers of the United States Congress, President, and the three branches of the national government, Legislative, Executive, and Judicial. These rules give many abilities to these parts of the government, but there are also restrictions given to them as well. Through the United States Constitution, the Congress is given …show more content…

Such as, Congress cannot pass ex-post facto laws. Ex post facto laws are laws that make an act illegal that was legal when committed, increases the penalties for an infraction after it has been committed, or changes the rules of evidence to make conviction easier (Dictionary, 2005). They also cannot pass bills of attainder, which is an act of legislature finding a person guilty of treason or felony without trial (Dictionary, 2017). Finally, Congress is unable to suspend the writ of habeas corpus, is a court order to a person or agency holding someone in custody (such as a warden) to deliver the imprisoned individual to the court issuing the order and to show a valid reason for that person's detention (Findlaw). Congress can only suspend the writ of habeas corpus during times of national emergency. (U.S. Const. Amend. …show more content…

Being the elected leader of the country, it is expected for the President of the country to have many powers, such as having the authority to negotiate treaties with other nations. The President has the ability to select multiple people to serve the government, such as most important roles such as ambassadors, the Supreme Court members, and cabinet secretaries. Many of these positions require confirmation by the Senate under the "advice and consent" provision of the Constitution (Linder). The President can also, however, remove appointed officials. In the case of Myers v. the United States, “A 1876 law provided that postmasters of the first, second, and third classes shall be appointed and may be removed by the President with the advice and consent of the Senate. President Woodrow Wilson removed Myers, a postmaster first class, without seeking Senate approval.” (Oyez) Was the act unconstitutionally keep the President to have the power to remove appointed officials? The conclusion was yes, for it is the power of only the President to remove those who are

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Morrison Vs Olson Case Analysis

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Inferior officers Congress may allow to be appointed by the president alone, by the heads of departments, or by the Judiciary.” (Morrison v. Olson p.420)   Article II of the U.S Constitution gives the executive branch and the President, not congress, the power to appoint federal officials. In Morrison v Olson, the Court was presented with a case in relation to the constitutionality of appointment of an Independent Counsel to investigate the wrong-doings of the executive branch. The Appellees advanced that Congress had violated the principles of the separation of powers by appointing an independent Counsel which they argued were “principal officers” and interfered with the operations and effectiveness of the executive branch. The Supreme Court held that Congress did not violate the constitution because the independent Counsels were “inferior officers” and thus subject to removal by the Attorney General.

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Therefore, Congress’ intent of the Federal Commission Act was to limit the executive power of removal to the causes Congress provided. The president argued Myers gave him the exclusive power of removing executive officers he appointed by and with the consent of the Senate, but the Court argued the position of a postmaster was too unlike the commissioner’s position because a postmaster was an executive official whereas the commissioners dealt with legislative policies. Therefore, Myers could not be used as precedent. The Court also argued the president’s removal authority under the Constitution was not illimitable. Congress had the power to make the commissions independent of executive control and forbid their removal except for cause in the meantime.

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Pros And Cons Of The Constitutional Convention

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The constitution of the United States was a document created to fix the major problems the Confederation government had following its creation. The meetings in which the document was created founded the style of government that has lasted to this day. It created the Executive, legislative, and judicial branches of government, it created our bill of rights, and it separated powers between the states and the newly formed federal government. Negotiations started as very difficult between the representatives of the separate states.

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No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due

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At the time that the Constitutional Convention took place, the North was industrialized and produced many finished goods. The South, however, still had an agricultural economy. Therefore, the South imported many finished goods from Britain. The North wanted the government to be able to impose import tariffs or taxes on finished products. They wanted this to help protect against foreign competition and encourage the South to buy goods made in the North.

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Jackson’s belief that he was the “defender of the common man” led him to assume that he had supreme authority over the government, and as a result, ignored the Indian Removal Act of 1830 put in place by Congress and forced the Indian tribes to move west on the Trail of Tears. Jackson’s bold actions led to a great increase of power in the executive office. Resembling that of Jackson, Abraham Lincoln’s presidency also fortified executive power. During the Civil War, Lincoln’s “presidency shattered all precedents [and the]…. actions taken by the president were by no means understood to be powers of the executive” (Baker 176-177).

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"The first amendment, which gives people the freedom of religion, press, and speech, is something taken for granted by Americans. Throughout history, free speech has been both limited and stretched by the government. The first amendment, which gives people the freedom of religion, press, and speech, is something taken for granted by Americans. Thus, the government should have the ability to monitor and control the government, but only to the extent of protecting the country against potential threats.

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In Jackson’s proposed solution for combating expanding executive powers, he argues that it relies on Congress’s ability to act quick and efficiently in times of crisis. Jackson states that the “court [cannot] keep power in the hands of Congress if it is not wise and timely in meeting its problems.” Jackson’s argument is not viable because of the limitations placed upon Congress’s procedures. Congress is only in session for part of the year and thus is not always assembled to deal with conflicts. Congress deals with red tape, the requirement for a majority vote in both houses of Congress and many more restrictions that the founder created to stop tyranny, and allow for a fair and efficient democracy.

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