Constitution and Laws, Essay Example

According to the Library of Congress, the U.S. Constitution is in place to ensure that there is a balance of power between the Government, Congress and the President. Indeed, according to a recent College Board publication (2008), the role of the public in the constitution and the balance of power is extremely important, therefore, by outlining the rights of citizens, the Constitution is there to protect the entire country, not only the legal system.

The Constitution Project (n.d.) states that the role of the coalition to defend checks and balances related to presidential signing, statements and vetoes is extremely important. Manning (1939) was among the first people examining this role of the Constitution. By providing rights to veto, the separation of powers is designed to decentralize the legal system and make it operate as an independent and democratic institution. According to the author (Manning, 1939. p. 124), the most significant role in the legal system is that “the Constitution contemplates a complete division of authority between the three branches”.

Further, it is important to note that checks and balances are the main forms of the representation of constitutionalism. Constitutionalism is based on the idea that if one agency or party has all the power, they would oppress others. Therefore, there is a need for putting checks and balances in the constitution in order to ensure that all parties are equally represented and their rights are protected adequately. This idea also supports the assumption that the over-concentration of power results in not only corruption but the lack of effective communication as well.

Constitution divides the power in different ways: it does balance the executive and legislative power, ensuring that public has access to proposals and bills, while the open discussion through committees of the Congress are provided by the Constitution. It is also important to note that the division of power does not only exist between the House of Congress and the President, but the Congress and the people of the country as well. By protecting individual rights, the Constitution aims to provide equal representation for all.

It is also crucial to note that there are several checks built in the legislative system of the United States to prevent creating legislation that are not in line with the Constitution. Bills need to pass several stages of these checks, be reviewed by the public and signed by the president in order to come into force. Through the legislative process, all pro-s and con-s are discussed, weighed and  considered, and the passing of the bill is a multiple stage-process involving not only Committee members, consisting of members of different parties, but also the public.

According to Manning (1939), in the constitution, there are “no freestanding

principle of separation of powers”. The Separation of Powers Clause of the Constitution states in Article I, Section. 1:  “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Further, similar passages are present in the United States Constitution related to executive power and judicial power distribution and separation. While the President holds executive privilege to withhold information or refuse consulting with the Senate or the House of Representatives, the agencies still have a strong right to supervise these requests.

References

College Board. (2008) Government and politics: united states balance of power between congress and the president. Retrieved from:<http://apcentral.collegeboard.com/apc/public/repository/US_Gov_Balance_of_Power_SF.pdf>

Manning, J. (1939) Separation of powers as ordinary interpretation. Harvard Law Review Vol. 124:1939

The Constitution Project. (n.d.) Statement on presidential signing statements by the coalition to defend checks and balances. Retrieved from: <http://www.constitutionproject.org/pdf/Statement_on_Presidential_Signing_Statement.pdf>