Shorter senatorial terms would be ideal for ensuring that specific challenges that come with long senatorial terms are avoided. The classical composition of the confederation went with the development of a single based on the articles of the confederation. They were not entirely inclusive or capable of addressing the challenges that faced the formerly independent states and were only abided by for a decade. It was necessary to develop a framework that would support a well-coordinated national government, not just based on friendship but the success of future generations and protection of resources and wealth. The one house institution comprised sole representatives from each state who could jointly make rational decisions.
That would later prove challenging to manage in the absence of judiciary, and few decisions made during this period. The writer of this essay will use this section of history along with selected others to illustrate the short-comings of supermajorities and development in support of the motion to amend the constitution rather than passing a law under two sections. Marbury versus Madison and US Term Limits Incorporated versus Thornton are cited in developing the argument. The three elements of the canon of the constitution considered about drafting language are textual, substantive and criticism. Examples of these include rules against surplusage and the Charming Betsy canon respectively.
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Since inception, the constitution has only been amended 27 times. In anticipation of the need for an amendment, the drafters created provisions under Article V. this is not to say avenues for creating modifications are easily accessible. The two primary paths the author proposes to pursuing amendments are two-thirds majority rule for both houses and by use of conventions under the three-fourths control. Approvals from Congress can break the ceiling hindering the process of legislation for two-thirds of the several states.
Senate term limits are lengthy and are the result of special interest groups and lobbyists. That was set up by design under the constitution and despite re-election campaigns, despite dismal approval by the population. The needs of constituents are inadequately addressed, and political parties rule the day. Constitutional amendments to reduce this term through Congress are a better alternative to imposing limits. During the early 1990’s, over twenty states restricted candidates who served the maximum number of terms in Congress from getting re-elected.
Washington is described as a haven for good intentions that take too long to deliver. Citizen legislators are expected to serve through two terms as Senators and three terms as Representatives although this does not happen. The Supreme Court held lengthy terms as unconstitutional and the case U.S. Term Limits Inc. versus Thornton is regarded as historical and controversial (Sullivan 78). Arkansas residents led the revolt against leaders who focused more on collusion and securing poor legacies.
In the past, Congress could initially only declare war, engage in foreign affairs and develop treaties. That extent of authority was a highly restrictive and unmotivated arrangement. During this time, amending laws was time-consuming, and few were passed, and it was more convenient to move laws regarding economic matters. The country was also unfortunate because it was not within its mandate to collect taxes and utilize these funds for additional activities that would have strengthened it and improved the public resources available. It was nearly impossible to pay for the war without tariffs in each state. Later when the constitution was revised, it included The House of Representatives which considered representation based on population numbers and The Senate that allowed for two representatives for each state each serving six-year terms. Re-election in The Senate still takes place after every two years.
The separation of powers as per the constitution led to the development of three arms of government as follows: legislative, executive and judiciary. The executive is responsible for the continuous upholding and affirming of laws and is the middle ground between tyranny from leadership and the radicalism of citizens. The presidency is one of the most influential positions in the world. Misuse of this power can lead to adverse consequences such as resignation for often unforgivable crimes. The judiciary reviews decisions on Congressional laws and can invalidate new laws, oversee state actions such as the case of Brown Versus Board school segregation (Bell 518). The court gave itself the authority to review in the case of Marbury versus Madison, which granted it these powers based on the Judiciary Act of 1789.
Thomas Jefferson was president at this time, and Judge Marshal could not allow for a ruling against the democratic republican. He did not veto decisions in this case. Based on the principle of stare decisis, which pushes the idea of precedent, judges uphold decisions made previously and avoid making decisions on this policy. Law can, therefore, be redefined without changes to statutes. Law reform would allow the author of this article to make amendments successfully. This would not mean decisions from electives would be overruled, but improved and enhanced regarding relevance to suit the needs of the United States.
It is believed that ratification is a well-organized process for legislation to be reviewed before being added to the constitution. Particular conventions can also be engaged and appropriate changes made. Re-writing amendments have occurred in the past when rights of the citizens are not upheld. The government must defend the constitution to keep the three arms of the state in check. The average citizen can access increasing job opportunities and lower taxes through balanced budget amendments under Article V conventions. Deficits are avoided through bills. Constitutional conventions are preferred by some informed citizens, for example, those in Illinois, circa 1862 (Jameson iii). Constitutionalists should also be engaged to keep the adherence to law continuous.
In conclusion, the nation would benefit from members of Congress who are motivated to provide services rather than controlled interest. A simple majority rule is not part of self – governing American society. However, if the people remain stifled under the ruling class, this is likely to occur. Changes to the Senate are therefore essential and impactful if the three arms of government work to ensure that reforms occur. The number of gridlocks to development would reduce, as would the wastefulness of national resources and level of debt. Ideals such as leaders held accountable to the law and not above it and principles such as ethical treatment and behavior must continue to sustain treatment of issues as presented in the media.
References
Bell Jr, D. A. (1980). Brown v. Board of Education and the interest-convergence dilemma. Harvard Law Review, 518-533.
Jameson, J. A. (1887). A Treatise on Constitutional Conventions: Their History, Powers, and Modes of Proceeding. Callaghan.
Sullivan, K. M. (1995). Dueling Sovereignties: US Term Limits, Inc. v. Thornton. Harv. L. Rev., 109, 78.
