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POLI 105
Midterm
Essay #2
The first three articles of the Constitution create and limit the powers of the
knowledge of human nature. Each branch is tasked with checking the others, and no
one branch is given control over another’s method of appointment. The contents of
Articles I, II and III of the United States Constitution each create and lay out a
Article II, the Executive branch. Finally, in Article II, the Judicial system is created,
promote popular consent for the new government” (Lowi, 26). It is structured as a
bicameral, meaning two-chambered, body . The lower house, known as the House of
Representatives, are directly elected by the people (26). Members of the House of
Representatives, subject to two year terms, are tasked not only with directly
representing the people of their districts but, as well, with checking the power of the
Executive Branch. The House of Representatives have sole power to create revenue
bills (26). In this way, the lower house controls the flow of income to the federal
government. In addition, the House of Representatives are given sole power over
tasked with maintaining both the United States Army and Navy (27, Graphic). The
House of Representatives was given substantial power, but in order to guard against
abuse of that power, a second, upper house, was formed and tasked with checking
The upper house, also laid out in Article I, is known as the Senate. This
these terms are staggered so that only 1/3rd of the Senate is up for re-election in
any one election year (27). In this way, the Senate was protected from the popular
will of the time, and the consensus of the Senate could be preserved for longer
In Article II, the constitution lays out the basis of the Executive branch. The
“natural stalemate” (Lowi, 27) inherent in the bicameral legislature. A strong central
executive was intended to be somewhat removed from the popular pressures of the
times, and as such was designed to not be directly elected by the people. The
ambassadors from foreign powers, and thus was given the ability to formally
recognize foreign nations (28). The President, through Article II, was also given the
sole power to negotiate treaties, though this power was checked with a requirement
that all treaties be accepted by the Senate. Finally the Executive branch, specifically
the president, was given the sole power to grant reprieves and pardons; that is, the
In Article 3, the Judicial System of the United States is laid out. The purpose
of the Judicial branch was to check the substantial amounts of power granted to the
other branches of government and insure liberty to the new government’s citizens.
The Judicial Branch, headed by a truly Supreme Court, was to be as removed from
the popular pressures of democracy as possible. To that end, Judges within the
Supreme Court were appointed to life terms. In keeping with the sentiments of the
rest of the Constitution, however, their power was checked by a requirement that
they not only be nominated by the head of the Executive branch, the President, but
The lower house would also be granted the power to create lower courts,
which could then adjust the jurisdiction of the Supreme Court (28). There was a
good deal of oversight inherent in the selection of the judges, and with good reason.
The Supreme Court would not only be the highest court in the national government,
but would have final say in matters of conflict between the states and the national
there is no mention of judicial review, that is “the power of the courts to declare
the general consensus is it is implicit. The judicial branch is a major cog in the
machine of the US government; checking the powers of the other branches, and
governance is laid out. Indeed all of the powers of the various branches of
two separate distinct bodies, the federal and the state governments. He further
states that since every department will have its own agenda, each must have as
little say or control over the appointment of top officials in the others. All
departments should draw their members from the same place, the people, but
two branches, and avoid any sort of collusion between them. He goes on to say that
some deviations will, inherently, be necessary, as a perfect system of government
doesn’t exist. An example he gives is the judiciary system. The qualities needed in
members of that body are self-limiting to the pool of possible applicants. Hopefully,
however, the permanence of their position will allow them a measure of autonomy
from the branches, or people, that helped get them there. In essence, in Madison’s
Federalist #51, he makes the argument that men are not angels. The government
must be there to govern the people, but the government must control and limit the
Essay # 3
one hand, we have civil rights. Those are the rights we are granted as American
citizens, naturalized or born. On the other hand, we have civil liberties. These are
The first privilege we are granted as Americans, that I wish to discuss, is that
of civil liberties, things we are given the right to be free from the government doing
to us. Its main document is the Bill of Rights, which are the first 10 Amendments to
the Constitution. The First Amendment was the only one of the 10 to explicitly
mention it limiting the national government. Therefore, there was debate for a time
as to whether or not they limited the state governments as well as the national (74).
This debate was settled, however, with Barron v. Mayor of Baltimore in 1833 (75). It
was a landmark decision in that it cemented the fact that American’s were citizens
of two governments, a national government and the state government in which they
reside. In this way, it left up to the states the implementation of their own Bill of
Rights, and left up to the states, the protection of the rights of its citizens. This was
the cornerstone of the argument for the legality of slavery. It took a civil war, and an
The second privilege I wish to discuss is that of civil rights. Civil rights are
considered the rights we are granted as Americans, claims that we are entitled to
government itself. They became a part of our constitution when the 14th
amendment was ratified. They are, in essence, our rights to “equal protection of the
laws” (90). After its ratification it seemed as if a guarantee of civil rights to all
citizens was just around the corner, however, with the 14th Amendment added in
Kansas, simply providing an alternate school for black students was considered
sufficient to satisfying these “equal protections” (92). This was known as the
“separate but equal” rule, and was not reversed until that 1954 landmark court
decision. In this way, the federal government had to step in and force a state
government to comply with its idea of what rights an American citizen had to be
between states and the federal government, has lead to most of the debate on what
should or should not be done to protect one group of citizens from another, or the
government itself.
To this day, the question is raised as to what exactly “equal protection of the
laws” means; since no direct definition was written in the 14th Amendment. For
some, since the prior segregation of a group of citizens has created a different
starting point for them, they are entitled to be granted more perks, and be given an
easier time, than others (73). For others, this is seen as an infringement on their
own civil rights, giving a head start to other citizens and not to them. Regardless,
for most, the perfect implementation of the 14th Amendment, and civil rights, has
Another key example of a civil rights movement the government has stepped
civil rights movement in the 1970s and a portion of the 1973 Rehabilitation Act that
law lead to citizens with disabilities demanding they be protected, and given equal
opportunities, as well as equal facilities, to those who were not disabled. In 1990,
with the passage of the ADA (Americans with Disabilities Act) a large amount of
their demands were granted. Public facilities were compelled to have in place
equipment that would allow disabled persons access. Things like ramps and
If the Americans With Disabilities movement was an offshoot of the civil rights
movement, the plight of those affected with HIV was an offshoot of that. In 1998 the
Supreme Court ruled that the ADA applied to those infected with HIV, and not just
AIDs patients (105). This stemmed from a dentist refusing to treat a patient who
was infected with the virus. The patient argued that since she was already being
discouraged from having children, she was in fact disabled, despite her HIV not
having yet turned in to full AIDs. The Supreme Court ruled in favor of the patient,
and although businesses had already been accommodating HIV infected people, this
now solidified their right to equal protection under the law (106).
its merit should be judged based on its outcome. Judging the principle on its
product, the increasing of the equality of minority groups in the United States, it
certainly seems like it was a good decision. However, I believe the idea of giving the
individual states autonomy and freedom from control of a central government was a
good one. It allowed for experiments of democracy within the states. What worked
could be kept, and spread to other states, what didn’t work could be done away
with. It segregated portions of the population, not in the negative way, but in
other words, it allowed for one state to go down without bringing the entire country
with it.
In nationalizing the civil rights of American’s I think this ability has been
severely curtailed. When used for a positive, all is well-and-good, but what happens
when it is used for a negative? The entire country suffers. While I believe the civil
rights movement to be a positive step forward, I think the means used to achieve it
were not the best, and I think the US government did overstep its authority in
forcing the individual states to make changes to its civil rights laws.