American Government: Constitutional Foundations

Question 1 

America was primarily formed on the basis of self-reliance. It is further driven by a sense of self-governance devoid of oligarchies and monarchs. It relies on a culture where governance principles are derived from the wisdom of the majority. The four central tenets defining the American culture include liberty, self-reliance, self-governance, and equality (Aronowitz, 2014). Regarding self-reliance, this remains one of the most critical areas that America differs with other nations. Therefore, socialism, overregulation, and any other proposal that goes against the tenets of self-reliance do not have a place in America. Liberty remains another significant factor dear to the American political culture. Liberty is defined as the freedom that individuals have to pursue their aspirations. Equality means a situation where all Americans are treated the same. Self-governance refers to a democratic system where the popular will of the people determines national and political decisions. Therefore, these factors have enabled people to derive their national identity from a set of shared political values. 

In the recent past, the nation has significantly grown, and the educated population has also grown exponentially. The economy, culture, and the government have become increasingly complex thereby prompting individuals to confront the straightforward values using different contexts. For instance, the increased American individualism raises questions on how well the country can maintain welfare programs (Aronowitz, 2014). The lack of agreement and liberty can also jeopardize operations in the free market. To an extent, American has been accused of hypocrisy where it preaches the noble ideals but in the end; fail to live up to them. The political models determine virtually every political aspect in the society including the creation of laws and statutes both the national, state and local levels. Since all these ideas are summarized in the bill of rights, as human rights tenets, they can be limited through enhancing or creating provisions on the responsibilities of individuals. 

Question 2 

The fight for education equality began during the civil rights movement that culminated to the Brown v. Board of Education decision of 1954 (Evans, 2017). Since then, the public education system has been based on the concept of equality of opportunity. The principle of equality in education primarily means a situation where individuals have equal access to quality education irrespective of the social background, religion, gender, and race. Furthermore, it builds a situation where people achieve success based on their ability and effort free from any form of discrimination. First, this principle has shaped American education by creating a baseline of standards. Since the curriculum has a common core and standards in subjects such as math, English, and science, children have an opportunity to access similar information. Other than the creation of a uniform syllabus, the public schools receive an equal amount of educational resources to further the education in the respective schools. 

However, in some instances, the equality in education principle has only remained a myth due to its lack of realization. The funding gap remains one of the most significant aspects impeding the achievement of equality in education. Research has shown that high-income schools receive more funding than the low income and the charter schools. Another source of discrepancy in education stems from the school district in which a learning institution exists. School districts that for instance depend on local property tax have thinner sources of funds compared to school districts that collect immense revenues due to the million dollar homes. Inequality has also remained an issue due to personal problems affecting the parents such as poverty (Evans, 2017). Parents with the necessary means take their children to high-end public schools while their counterparts from low-socioeconomic backgrounds opt for charter schools. The immediate effect is a reduced achievement gap due to the inequality in resources. 

Question 3 

First, it is essential to understand the concept behind a limited government. A limited government is that which places few restrictions on the freedom of the citizens. The American government is an example of a limited government because it cannot limit several vital aspects such as freedom of speech or religion. A limited government also has a constitution that defines the limitations of governmental power (Boix & Svolik, 2013). The Bill of Rights, on the other hand, outlines all the innate rights that cannot be violated by the state. I support the National Security Agency (NSA) Act because it is in the best interest of the citizens. Also, when looked at through the lenses of a limited government, it does not go against the Fourth Amendment which primarily protects individuals from an infringement of privacy. Although it monitors the internet and telephone traffic, it refrains from reading or listening to the content. 

However, several arguments can also be made in opposition to the case. First, the First Amendment rights provide individuals with the right to free expression. However, the NSA program will monitor the exchange of messages, and any suspicious activity will be taken to court. Therefore, this will tend to limit the rights of individuals to express themselves fully in their respective conversations on the telephone and the internet. Secondly, arguments can be made that in accordance with the Fourth Amendment provision on searches and seizures, evidence collected using such means could be invalid because it is unconstitutional to spy an exchange of information supposed to be a private and confidential. Therefore, two important aspects of the constitution including the First and the Fourth Amendments will be at the forefront in challenging the provision. 

Question 4 

The US system consists of different governmental bodies or institutions sharing power. It would be inaccurate to posit that the institutions have separated powers. The reasoning behind this is what is known as the system for sharing power. The system of separation of power is defined in the constitution where there are three branches of government including the executive, judiciary, and the legislative act (Haskell, 2018). The essence of the separation is to prevent the government from having excessive power which might lead to dictatorship. Each branch has a different role that centers on the same power. Governance in America has a system of checks and balances. For instance, the president has the power to nominate a Supreme Court judge. However, the individual will not become a judge unless approved by the Senate. On the other hand, Congress can pass a bill, but it only comes to law once the president has pended his signature. 

It, therefore, shows that the powers in the US are not necessarily separated. The government is divided into various institutions that share power. The checks and balances are fundamental in ensuring that the system effectively works. Therefore, the system is deliberately inefficient to ensure that no single entity finds their way at the expense of the others. Many politicians show frustration with such a dispensation because it impedes can impede personal ambitions. However, the importance of the system is drawn from the fact that it prevents anyone arm of government or individual for that matter to practice autocratic tendencies on the people (Haskell, 2018). If the powers were "separated" per se, then each would have absolute authorities on the people hence enabling the likelihood of dictatorship. 

Question 5 

For the president and the vice president, the initial method of the election proved to be inefficient. It was replaced by the 12th Amendment. The original system meant that each elector would cast two votes for different candidates when electing the president with no vote for the vice president. The votes would then be counted with the highest receiver becoming the president and the runners up becoming the vice president. However, with the ratification of the 12th Amendment, this system was replaced introducing separate ballots for the president and the vice president. Electors are then allowed to cast a single vote for each office. Between 1789 and 1913, the senatorial position was subject to appointment by the legislatures from the states they represented (Nortonet al., 2014). However, today, they are elected through popular vote after the ratification of the Seventeenth Amendment. For the president's position, nothing has changed much with regards to voters' involvement because the electors from the Electoral College hold the final say. However, for the senators, democracy has improved because the citizens now directly elect their leaders. 

The staggered and separate elections of the US can be easier for operational and security reasons as the polls can run smoothly. However, the parliamentary system where all polls run on the same day can be inefficient due to a large number of people who can also pose a security threat. The staggered and separate elections can also provide election observers with an opportunity to monitor elections. It also reduces the chances of cheating and election malpractices compared to the parliamentary one which occurs simultaneously. However, it comes with budgetary constraints and a slow democracy compared to the parliamentary one. The staggered and separate election increases the influence of voters over lawmakers as it allows concentration on a particular elective seat and the overall credibility of the process. 

Question 6 

The United States is one of the democracies with the lowest election turnouts in the world. Research shows that the turnout is even lower during a non-presidential election. Many politicians and academics have sought to reverse the negative trend that has seen America lag behind in the participation of polls. According to Pew Research conducted in 2016, the US ranked 31 st out of the 35 countries in voter turnout. Several reasons can be used to explain the reason for the lower voter turnout in the US (Wilson, 2017). Political scientists have attributed this to a general decrease in the trust they have in government. Secondly, the inefficient and cumbersome registration process has also been implicated in the voter turnouts. Specific characteristics have also significantly determined an individual's participation in the polls. One of the main attributes influencing the participation in elections is age. Voter participation increases with age. Young people primarily in their early twenties have lower turnout in elections. 

Also, racial and ethnic minorities have lower participation in elections. One of the factors that have implicated their involvement in the polls includes restrictive laws such as the ones requiring voter identification. Before 2006, states allowed people to vote without necessarily considering the photo identification. However, to date, ten states have already incorporated the law. Approximately 33 states in the US today have some form of legislation that requires the voters to identify themselves on the election date (Wilson, 2017). Although the proponents view this as a way of reducing fraudulent voting, critics have seen this as a way of locking the minorities out of the voting exercise. Scholars have proven that racial, ethnic, and other disadvantaged groups have less access to photo identification cards. Also, research shows that no voter fraud has ever occurred due to the lack of identification material. 

Question 7 

A grant-in-aid refers to the monetary transfer from one level of government to another to serve a specific purpose and must be in accordance with substantive and procedural requirements by the authorizing bodies. It is, therefore, an economic aid issued by the federal government to provide financial assistance to the state and local governments. The grants-in-aid can also be directed towards individuals, private institutions, and non-governmental authorities. Over the recent years, this form of aid by the federal government has proven to expand the authority of the federal government. For instance, through the grants, the federal government has influenced many programs occurring at the state level. The federal government can, for example, encourage the state or local government to pursue a particular policy area such as education and affordable housing for the less advantaged in the society (Dynarski & Scott-Clayton, 2013). The federal government can also use the grants as a way of promoting economic stabilization in the country. 

The grants-in-aid have also been used as a strategy by the federal government to pursue domestic policies in different parts of the country. Over the recent past, the states have played a critical role in determining how the states can use federal grants-in-aid. First, Congress has an important oversight role that ensures that they hold leaders accountable for their use of the money. Secondly, Congress is the body mandated with budgeting issues in the country. Therefore, they have the moral authority not only to allocate money meant for the aids but also determine its use (Dynarski & Scott-Clayton, 2013). The usage of the funds by the state and local government is an extension of the projects by the federal government at the local level. Therefore, just like any other national program, the lawmakers have a critical role in overseeing the grants-in-aid. 

Question 8 

The plaintiffs in the case "National Federation of Independent Business v. Sibelius (2012)" argued that the Congress lacked the mandate to control individual mandate in seeking for health insurance through the Affordable Care Act (ACA). The commercial clause outlines that the US will have the power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" (Reynolds & Denning, 2012). On the other hand, the tax law provides the US government with the power to tax and spend. Therefore, the primary question, in this case, was whether Congress had the authority under the two laws to require citizens to purchase health insurance. The majority rule concluded that as a tax, Congress had the power to ensure that citizens complied with the payment of the health insurance premiums. However, the dissenting side felt that since Congress characterized the payment as a penalty, considering them as taxes would require a change of the Act. 

With regards to the commerce law, Congress would control the payment of the insurance premiums which would guarantee the success of the entire program. With regards to the tax clause, considering the payment of the health insurance premiums as a tax would guarantee 100% compliance hence making the program a success (Reynolds & Denning, 2012). However, on both clauses, it was a move that would increase the power of the government in controlling personal decisions such as insurance. Making it part of the commerce and taxing provisions of the Congress was tantamount to compliance failure to which an individual would face arrest. Therefore, it was a mandatory process that left many with no options. If I were at the Supreme Court, I would ensure that the government controlled the insurance policy under the commerce clause but not the trade clause. This would ensure that although the government controls the insurance program, the premiums are not categorized as legitimate taxes. 

Question 9 

Selective incorporation is a constitutional provision which guarantees that states cannot create laws that limit the constitutional rights of the American citizens as established in the Amendments. However, it remains critical to note that it is not a law. Its establishment has come as a result of court rulings by the US Supreme Court. Therefore, in principality, the selective incorporation is a strategy by the federal government to limit the ability of the lawmaking powers of the state. The selective incorporation helps to protect the Bill of Rights enshrined in the American constitution. Some of the rights protected include the freedom of the press, freedom of religion, and the right to bear arms among others. It, therefore, ensures that states cannot violate the fundamental human rights stated under the bill of rights. Before, the Supreme Court had ruled that the Bill of Rights only applied to the national government after the court decision in Barron v. Baltimore (Kotuby, 2012). 

The series of court cases and decision ensured that the states became more aware of human rights as established in the constitution. Through the process of selective incorporation, the state endeavored to protect most of the freedoms in the bill of rights hence guaranteeing citizens to enjoy their inherent privileges as the citizens of the US. The selective incorporation has made several steps in ensuring that the citizens enjoy their rights to the fullest. First, it has prevented the states from creating draconian laws and policies that inhibit citizens from enjoying their freedoms. Secondly, through the process of selective incorporation, there is a sense of inconsistency between the federal and state governments with regards to how the rights of the citizens are protected. The uniformity created by the selective incorporation process has enabled the citizens to enjoy their rights anywhere across the country. 

Question 10 

Due process ensures that laws are applied equally and fairly to all citizens accused of a crime. The law has been emphasized in both the 5 th and the 14 th Amendments, stating that the law shall not infringe anyone that right of “life, liberty, or property without the due process of law” (Berman & Murphy, 2012). For an individual arrested, the Fourth Amendment will protect the person from unreasonable searches and seizures that might be conducted in order to collect evidence that will lead to prosecution. The Fifth Amendment will also come in handy because it will ensure that a citizen cannot be accused of engagement in crime without the presence of a grand jury investigation. Most critically, it prevents any likelihood of double jeopardy where a person is brought to trial for the second time for the same crime. The Fifth Amendment also gives the defendant an opportunity to refrain from testifying against himself or herself. During arrests, the Miranda laws assert that the arrestee must be informed of their rights to remain silent and to have an attorney representative. 

The Sixth Amendment further emphasizes that the accused person has the right to access the assistance of a lawyer for their defense. Another important consideration that the court must put into consideration is the exclusionary rule. The exclusionary rule was developed by the Supreme Court over 100 years ago in the case of Weeks v. the United States. According to the rule, any evidence collected by law enforcement in a manner that violates the provisions of the Fourth Amendment on searches and seizures is inadmissible in a court of law (Berman & Murphy, 2012). The rule applies both in the federal and state proceedings. As seen in many cases, the rule can alter the landscape of a case especially when the evidence was collected through spying or without proper collection of a search warrant (Re, 2013). 

Question 11 

The due process clause of the Fourteenth Amendment has three critical functions in the modern constitutional doctrine. First, it protects citizens from any violation of the Bill of Rights by the respective states. Second and thirdly, it guarantees both the substantive and procedural due processes (Kotuby, 2012). The substantive due process prevents citizens of America from unreasonable deprivation of substantive rights such as the right to privacy or to speak freely. On the other hand, procedural due process protects citizens from criminal punishment without notice or the chance to be heard. The three primary rights protected in this law include life, liberty, and property. The equal protection clause on the other hand reads, “Nor shall any state…deny to any person within its jurisdiction the equal protection of the laws" (Re, 2013). It is, therefore, prevents the states from creating laws that discriminate its citizens in an unjustified and unreasonable way. Although the due process clause deals with protecting the rights of the citizens, the equal protection clause emphasizes the fair applicability of the laws. 

The Fourteenth Amendment in its entirety focuses primarily on the state government. An example of a case that applied the Fourteenth Amendment Equal Protection Clause was the Loving v. Virginia case of 1958. The state of Virginia had institutionalized the anti-miscegenation laws that prevented marriage across the interracial divide. The Supreme Court ruled that by arresting the couples for engaging in racial intermarriage was a violation of the Equal Protection laws as it inspired discrimination thanks to its racial classification of the couple. The decision to arrest the couple also went against the substantive due process as the decision to marry should be considered a private affair tantamount to individual liberty. Another case that entirely focused on the due process clause of the Fourteenth Amendment saw the Supreme Court rule in the case Caperton v. A.T. Massey Coal Co. that a judge must recuse themselves in a case where the bias or conflict of interest has been proven (Kotuby, 2012). 

Question 12 

De facto discrimination is a form of segregation not mandated by the law. It originates as a result of prejudice, individual preferences, and social norms among others. On the other hand, de jure discrimination is institutionalized by the law. For instance, the Jim Crow laws towards the end of the 19 th century that allowed for the discrimination of blacks is a perfect example of a de jure segregation. In a de facto discrimination, the perpetrators do not show an intentional effort to segregate. However, on a de jure form of discrimination, segregation is required and can also be regarded as mandatory. The 5 th and 14 th Amendments prevent de jure discrimination (Bertocchi & Dimico, 2017). They are meant to ensure that the federal and state governments do not lawfully engage in acts of segregation against its people. The Fifth Amendment protects the right to liberty, life, and property while the Fourteenth Amendment ensures the due process and equal protection of the law. 

Several other laws and policies prevent the de jure segregation. Employment policies such as Title VII protect any form of discrimination based color, sex, religion, or origin among others. The Age Discrimination in Employment Act (ADEA) also prohibits the employment of individuals aged 40 years and above (Bertocchi & Dimico, 2017). The school desegregation policy is meant to prevent learning institutions from de facto discrimination. Some states have de facto policies that prevent interracial marriage. Ending de facto discrimination can be difficult given that it is informed by prejudices and social norms. It reflects the beliefs and the biases of a particular society hence difficult to end it. However, for de jure, it only requires either the repeal of a discriminatory law or the enactment of a policy that promotes anti-discriminatory practices. 

Question 13 

John Adams, in asserting that America was a government of law and not of men, emphasized the importance of the rule of law. The law should apply to each citizen equally. It further underscores the fact that no one is above the law. Therefore, the Americans must follow the law at all times not because they are good, but by virtue of the creation through popular democratic principles. Wilson, (2017) asserted that laws enhance equality and ensure that every person acts within the prescribed rules. It also prevents citizens from getting into the trap of tyrannical men in the name of rulers. The constitution of the US was designed to follow John Adam's principle of a government guided with laws rather than men. Therefore, this creates a system known as the constitutional democracy where the constitution is regarded as the supreme document and the custodian of laws. 

The constitution outlines virtually everything necessary for the state to run. In governance, it describes the roles of each branch and further outlines the system of check and balances to avoid dictatorship and impositions by individual leaders. It goes ahead to outline the rights and responsibilities of people in a bid to confine individuals within the realms of legal provisions further. As a democracy, America is founded on a vibrant political culture characterized by ideals such as liberty, limited government, and equality. These are sensitive and delicate entities that cannot be left on the hands of the people (Wilson, 2017). It, therefore, requires the intervention of a document created through the popular opinion of the people and their representatives. The courts on the hand must rely not on their personal views but the confines of their law in all litigation process. Whether good or bad, the laws must be followed to the latter. Laws are not meant to serve individual interest but rather the collective ambitions of the country. 

Question 14 

The primary role of the constitution is to enhance a government of law or the rule of law. The rule of law is a broad concept that has several meanings. First, it ensures that the government does not possess arbitrary powers over its citizens exposed the ones granted by the Constitution and applicable statutes. It also ensures that no individual can be denied the right to life, liberty, property, and any activity that deliberately infringes the due process (Raz, 2017). The constitution is the supreme source of law in the country. Therefore, any law, provision, or policy that goes against the constitutional provision is considered null and void and cannot be allowed to prevail. Thus, Congress cannot make any law that goes against the constitution. Secondly, the executive and the judiciary can only perform their roles according to the dictates specified by the Constitution. Several features in the constitution help to overemphasize its importance as a document provides for a government of laws (Raz, 2017). 

The Bill of Rights is one of the fundamental principles of the constitution that makes it live up to its tag as the custodian of the law. The first ten amendments protect human rights such as liberty, life, property ownership, and due process among others. Without these laws, the federal or state government can easily limit the freedoms of individuals. The second one is the doctrine of the separation of powers. The government is divided into the executive, judiciary, and the legislature. Each arm of the government has its role with a system of checks and balances which ensure that no branch has the absolute authority that could contribute to despotism in the country. I believe that these two components help the constitution act meet the principle of a government of law and not of men. 

References 

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Evans, J. (2017). Equality, education, and physical education. Routledge. 

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Haskell, J. (2018). Direct democracy or representative government? Dispelling the populist myth. Routledge. 

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Berman, L. A., & Murphy, B. A. (2012). Approaching democracy. Pearson Higher Ed. 

Re, R. M. (2013). The Due Process Exclusionary Rule. Harv. L. Rev., 127, 1885. 

Kotuby Jr, C. T. (2012). General Principles of Law, International Due Process, and the Modern Role of Private International Law. Duke J. Comp. & Int'l L., 23, 411. 

Bertocchi, G., & Dimico, A. (2017). De jure and de facto determinants of power: evidence from Mississippi. Constitutional Political Economy, 28(4), 321-345. 

Wilson, W. (2017). Constitutional government in the United States. Routledge. 

Raz, J. (2017). The rule of law and its virtue. In The Rule of Law and the Separation of Powers (pp. 77-94). Routledge.