Evaluation of U S Laws and Politics Essay

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Constitution

The United States Supreme Court is the backbone of the country since it acts as the premise of governance and supreme law of the land. The Constitution has established a unique form of government in which governance is by the people and for the people. As a living document, the U.S. Constitution changes as the country develops and changes. However, the development of the nation's constitution was influenced by several historical and/or philosophical influences. One of the historical influences upon the American Constitution was the Articles of Confederation, which was adopted by Continental Congress. These articles influenced the establishment of the Constitution through prompting discussion on the proper scope of governmental power in the aftermath of the Confederation. The Articles of Confederation influenced the constitutional section on separation of powers because of discussions on governmental power. There was no distinct executive branch under the Articles of Confederation (Halvorson, n.d.). Similarly, the American Revolution influenced the doctrine of separation of powers in the U.S. Constitution. The revolution helped in establishing an enduring legacy through which the extent of popular rule, election of politicians, and resolution of disputes between federal and state governments was determined. The American Revolution was a significant historical influence upon the constitution in relation to separation of powers.

UNIT 2: Federal, State, and Local Authorities

While the U.S. Constitution provides guidelines on separation of powers between federal and state governments, the issue of federal power and state rights has continued to be increasingly controversial and divisive. Throughout the nation's history several issues have emerged that have generated concerns regarding federal power and state rights. Actually, for more than two centuries, American politics has revolved around the issue of how power should be separated between federal and state governments. In the past few years, the federal government's powers have come under increased scrutiny as states continue to enact laws on several national issues such as gay marriage, abortion laws, and gun control. An example of a contemporary debate between federal power and state's rights is evidenced in Idaho's enactment of new laws on gay marriage and gun control. As gun control continues to attract considerable attention across the nation, Idaho recently joined other states in enacting laws to prevent any future gun measures by the federal government from being enacted in the state (McDaniel, Korth & Boehm, 2014). The state enacted these laws based on the argument that it has the right to interpret the Second Amendment to the U.S. Constitution. In addition, while gay marriage in legal in all states in America; Idaho has still retained its constitutional provision that defines marriage as a union only between a man and a woman. Even though the Supreme Court recently eliminated gay marriage bans across the country, Idaho has retained this definition in its Constitution, which generates questions on federal powers and state's rights.

UNIT 3: The Modern Presidency

Based on the constitutional doctrine of separation of powers, the powers of the presidents have been stipulated in the U.S. Constitution. However, presidential powers have continued to grow in the recent past, especially during the 20th and 21st Centuries. The growth of presidential power during these periods has largely been influenced by the various issues that the nation has experienced as it develops. One of the recent historical examples that demonstrate the growth in presidential power in the last two centuries is the successful initiatives by President Bush to circumvent constitutional laws and expand presidential powers during his tenure.

According to Savage (2008), the Bush Administration circumvented the constitution and expanded presidential authority when faced with several national issues such as terrorism. For example, when dealing with terrorism, President Bush established laws that enhanced the federal government's eavesdropping powers. The laws were enacted to provide intelligence professionals with necessary flexibility and tools to protect the country and the American people. These laws expanded presidential authority by amending the Protect America Act through restoration of checks and balances that were established by this act. As a result, the law compromised the comprehensive privacy protections guaranteed to American citizens by the Constitution.

The second example of growth in presidential power during the last two centuries is the decision by President Obama to prohibit deportation of a significant number of non-citizens who entered the United States without authorization (Tushnet, 2015).

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This decision is attributable to the fact that contemporary statutes enable the president and administrative agencies to have discretion in advancing certain policies. This has expanded presidential powers since the president can enact policies without necessarily undergoing congressional oversight. The decision by President Obama demonstrates the extent of the discretionary choices and authority that American presidents have gained in the recent past. In exercising discretion that modern statutes have granted the office of the president, President Obama argued that deporting every noncitizen in unjust and unwise because the Congress limits the amount of money given to immigration authorities for deportation.

UNIT 4: Demographics and Congress

The Honorable Mark Simpson

U.S. House of Representatives

2312 Rayburn House Office Building

Washington, D.C. 20515

(202) ***

Address

UNIT 5: Supreme Court

The American society has been influenced by various arms of government including the judicial branch, particularly through the Supreme Court. Throughout the nation's history, the Supreme Court has made landmark rulings that have had considerable impacts on the American society. The first example of landmark cases by the Supreme Court that have transformed the American society is McCulloch v. Maryland (1819). This landmark case can be traced back to 1816 when the U.S. Congress established the Second National Bank to help in controlling unregulated currency provided by state banks ("McCulloch v. Maryland (1819)," n.d.). This decision generated significant concerns among several states that challenged the constitutionality of the established bank. Maryland established a precedent necessitating taxes on all banks that are not chartered by the state including imposing taxes on the Second National Bank in 1818. When James McCulloch declined to pay taxes imposed by Maryland, the state filed a suit against him in order to enforce its law on taxes. However, the Supreme Court ruled that Congress has the authority to charter a bank and Maryland could not tax federal government instruments. This case had significant impacts on the American society by highlighting Congress the powers of the Congress to charter a bank and preventing citizens like me from being taxed by states on the premise of federal government instruments.

The second landmark case is Gibbon v. Ogden (1824) that originated from the decision by New York State to grant Robert R. Livingston and Robert Fulton exclusive privileges of all waters within its jurisdiction. Since Livingston and Fulton subsequently petitioned other states to follow suit, legal challenges ensued since federal powers were being superseded by state laws. Thomas Gibbons and Aaron Ogden who were partners in the business with Livingston and Fulton ended in New York Court of Errors which issued a permanent injunction against Gibbons. In the subsequent lawsuit, the Supreme Court held that federal government had powers to regulate navigation because of the congressional powers that enable it to regulate interstate commerce. The impact of this case on the American society is that it created the foundation for sweeping congressional authority over a myriad of national issues ("Landmark Cases," n.d.).

UNIT 6: Civil Rights

African-Americans or black people are one of the groups in the American society that is still struggling for full legal equality under the law. From a historical perspective, this group has struggled for equal protection under the law since the civil rights period through which the group made significant progress from their initial position as slaves ("Civil Rights: The Struggle for Political Equality," n.d.). The enactment of the Civil Rights Act of 1964 was a significant step in promoting the equality of African-Americans under the law. Despite making significant gains, the group is yet to achieve full equality and protection under the law as evidenced in recent cases involving police shootings of African-Americans. The legislative arm of the government has attempted to address these struggles through enacting laws that are geared towards promoting inclusivity across all aspects of the society. However, these actions have been relatively ineffective because of the discrimination that black people still undergo in the society......

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