The US Constitution has many primary functions. The constitution has established a national government consisting of the executive, the judiciary, and the legislature. Each of these branches has its parts that are enriched in the constitution. The constitution also has a system of balance and checks balances necessary for the effective operation of the three branches of government. This assignment will discuss the first and second amendments of the US constitution and their importance and the system of balance and checks vital for the efficient functioning of the three branches of the government.
Religious freedom, freedom of expression, freedom of assembly, right to petition are protected in the First Amendment. It makes it illegal for Congress to favor one religion over another or restrict a person's religious activities (Tyshchik, 2017). It safeguards freedom of speech by prohibiting Congress from restricting the press's or individuals' rights to free expression. It also ensures that persons have the right to peacefully assemble and petition the government (Tyshchik, 2017). The first amendment is crucial to the continuation of democratic government. It is also people’s Rights to hold the government accountable through the freedoms of the press, voice, and assembly and the Right to petition the government and demand reaction of grievances. When a rogue cop murdered George Floyd, residents held protests to condemn the shooting. People were able to assemble and protest against the heinous act against blacks due to the first amendment. The constitution, by the first amendment, firmly supports movements such as "black lives matter."
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The third amendment is the Right to bear arms. This amendment aimed to give people a way to strike back against tyrannical federal governments (the United States, 2008). It safeguards citizens' Right to bear arms and their Right to possess weapons such as guns while also preventing shootings and preventing criminals and mentally ill persons from obtaining firearms. The negative part of the amendment is the abuse of such guns against innocent civilians, as shown by recent cases in Colorado, where ten people, including a police officer, were killed. Were it not for the availability of guns to citizens, maybe this incidence could have been avoided. The excellent aspect of this amendment is that citizens are empowered for self-defense in case of physical attacks.
Checks and balances are a mechanism under the constitution that ensures that the three branches of the government are equally empowered and can similarly share power. They are critical in tripartite governments, such as the US, where controls are divided among the executive, legislative, and judicial branches (Oliva & Hall, 2017). Each branch has its own set of powers and responsibilities; the legislature, for example, is made up of elected officials whose main job is to write legislation, manage the budget, and keep the executive branch in line. The judiciary is in charge of interpreting state laws, resolving legal disputes, and punishing lawbreakers. The executive branch is responsible for enforcing laws and maintaining law and order in the state. The checks and balances structure is an essential aspect of the US constitution since it allows each of the three branches of government to restrict the powers of the others. This ensures that no single branch is too dominant and that power is distributed evenly among the three branches.
To conclude, the Right to free speech, expression, and assembly are critical since it allows the public to scrutinize and voice their concerns about how the government operates. The Right to bear and keep arms is also a contentious issue with both positive and negative aspects. The checks and balances mechanism was created to maintain unity between the three branches of government and to ensure that none of them may have control over the others. It has proven to be successful in accomplishing this goal.
References
Oliva, J. G., & Hall, H. (2017). Checks and balances, separation of powers and the religious character of the Constitution and the wider legal framework. Religion, Law and the Constitution , 282-355. https://doi.org/10.4324/9781315734361-9
Tyshchik, B. (2017). Constitution of the United States of America 1787 – the first active constitution in the world (To the 230th anniversary of the main law of the USA). Visnyk of the Lviv University. Series Law , (65), 56-65. https://doi.org/10.30970/vla.2017.65.7886
United States. (2008). The Constitution of the United States of America: Analysis and interpretation : 2008 supplement : Analysis of cases decided by the Supreme Court of the United States to June 26, 2008 .
