The inefficiency of the us constitution essay

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

The inefficiency of the us constitution essay

Section 1 is a vesting clause that bestows federal legislative power exclusively to Congress.

The inefficiency of the us constitution essay

The former confers executive power upon the President alone, and the latter grants judicial power solely to the federal judiciary. These three articles create a separation of powers among the three branches of the federal government.

This separation of powers, by which each department may exercise only its own constitutional powers and no others, [1] [2] is fundamental to the idea of a limited government accountable to the people.

The separation of powers principle is particularly noteworthy in regard to the Congress. The Constitution declares that the Congress may exercise only those legislative powers "herein granted" within Article I as later limited by the Tenth Amendment.

As a practical matter, the limitation of Congress's ability to investigate only for a proper purpose "in aid of" its legislative powers functions as a limit on Congress's ability to investigate the private affairs of individual citizens; matters that simply demand action by another branch of government, without implicating an issue of public policy necessitating legislation by Congress, must be left to those branches due to the doctrine of separation of powers.

Congress has the power to investigate that which it could regulate, [11] and the courts have interpreted Congress's regulatory powers broadly since the Great Depression. House of Representatives[ edit ] Clause 1: Composition and election of Members[ edit ] The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

Section Two provides for the election of the House of Representatives every second year. Since Representatives are to be "chosen At the time of its creation, the Constitution did not explicitly give citizens an inherent right to vote.

Since the Civil Warseveral constitutional amendments have been enacted that have curbed the states' broad powers to set voter qualification standards. Though never enforced, clause 2 of the Fourteenth Amendment provides that "when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

The Nineteenth Amendment prohibits the denial of the right to vote based on sex. The Twenty-fourth Amendment prohibits the revocation of voting rights due to the non-payment of a poll tax.

The Twenty-sixth Amendment prohibits the denial of the right of US citizens, eighteen years of age or older, to vote on account of age. Moreover, since the Supreme Court has recognized voting as a fundamental right, [16] the Equal Protection Clause places very tight limitations albeit with uncertain limits on the states' ability to define voter qualifications; it is fair to say that qualifications beyond citizenship, residency, and age are usually questionable.

Mitchellthe Supreme Court held that the Qualifications clause did not prevent Congress from overriding state-imposed minimum age restrictions for voters in Congressional elections.

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However, the Supreme Court has interpreted the provision of Clause One that Representatives shall be elected "by the People" to mean that, in those states with more than one member of the House of Representatives, each congressional election district within the state must have nearly identical populations.

Qualifications of Members[ edit ] No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of the state in which he or she is elected, and must have been a citizen of the United States for the previous seven years.

There is no requirement that a Representative reside within the district in which he or she represents; although this is usually the case, there have been occasional exceptions.

Apportionment of Representatives and taxes[ edit ] Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.

The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.

The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse [ sic ] three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

The inefficiency of the us constitution essay

After much debate, the framers of the Constitution decided to make population the basis of apportioning the seats in the House of Representatives and the tax liability among the states.

To facilitate this, the Constitution mandates that a census be conducted every ten years to determine the population of each state and of the nation as a whole and establishes a rule for who shall be counted or excluded from the count.

As the new form of government would become operational prior to the completion of a national census, the Constitution also provides for a temporary apportionment of seats. Originally, the population of each state and of the nation as a whole was ascertained by adding to the whole number of free Persons, three-fifths the number of all other Persons i.

This Constitutional rule, known as the three-fifths compromisewas a compromise between Southern and Northern states in which three-fifths of the population of slaves would be counted for enumeration purposes and for the apportionment of seats in the House of Representatives and of taxes among the states.

It was, according to Supreme Court Justice Joseph Story writing ina "matter of compromise and concession, confessedly unequal in its operation, but a necessary sacrifice to that spirit of conciliation, which was indispensable to the union of states having a great diversity of interests, and physical condition, and political institutions".

Since enactment of the Reapportionment Act ofa constant House seats have been apportioned among the states according to each census, and determining the size of the House is not presently part of the apportionment process.

With one exception, the apportionment ofthe House of Representatives had been enlarged by various degrees from sixty-five members in to members by The determination of size was made based on the aggregate national population, so long as the size of the House did not exceed 1 member for every 30, of the country's total population [29] nor the size of any state's delegation exceed 1 for every 30, of that state's population.

Even so, the constraint placed upon Congress's taxation power remained, as the restriction was reiterated in Article 1 Section 9 Clause 4.

The amount of direct taxes that could be collected by the federal government from the people in any State would still be tied directly to that state's share of the national population.The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows.

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The U.S. Constitution: An Overview | Scholastic

The Uselessness of the Constitution First, I want to talk about the constitution which United State has today. Published: Mon, 5 Dec The main purpose of this paper is to review the national agricultural development policies of Ethiopia during the reign of the Imperial, Derg and EPRDF led government and the predominant trends of international field of development thinking pursued (similarities and differences among) in the period of post to The American Constitution Essay - The American Constitution The basis of all law in the United States is the Constitution.

This Constitution is a document written by "outcasts" of England. The Constitution of the United States sets forth the nation's fundamental laws.

* During the convention at which the Constitution was established, Roger Sherman, a delegate from Connecticut and signatory to the Declaration of Independence, alleged that the principal duties of a national government are to defend against foreign danger and internal uprisings, establish treaties, and regulate/tax trade with foreign nations.

This essay delves deeply into the origins of the Vietnam War, critiques U.S. justifications for intervention, examines the brutal conduct of the war, and discusses the .

Article One of the United States Constitution - Wikipedia