- Heatherwood Middle School
- Essay - Exemplars
Zinkgraf, Gregory
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In this essay, I will present 3 or more ideas, citing textual evidence that answers the essential question, “How much power should the government have?”, and close with how it relates to today.
First, the powers of Congress include finance regulation, prohibition of acts (outside and inside the nation,) ordering armed forces, and the elastic cause. According to the Constitution within the US History textbook, Article 1 section 8 clause 1 quotes, “In this clause Congress is given the power to levy and provide for the collection for the collection of various kinds of taxes, in order to finance the operations of the government”(p528). Comprised of two houses--the Senate and House of Representatives--the legislative branch is the nation’s lawmaking body. This branch of government debates and creates laws through a large group of representatives for the well-being of the United States. More specifically, with the powers given by the Constitution, Congress is capable of collecting taxes, borrowing money, commerce with foreign nations, establishing the Rule of Naturalization, applying uniform coin measurements, punishing counterfeit coins, managing post transportation, providing copyrights/patents, creating lower courts, prohibiting acts, declaring war, supporting armies, and acquiring land. Additionally, the elastic clause is included in the Constitution; it allows Congress to stretch the powers not included in the document. The Constitution also states that before a decision can be made, a two-thirds majority vote in the Houses must occur for it to be official and agreed upon. Although this branch of government decides laws, the executive branch enforces them, a method of separation of powers, as well as checks and balances, to balance out the powers. As the government branch of managing money, tax collecting explicitly involves using the currency gained to pay for public buildings (libraries, schools, etc), and providing aid for the armed forces, while levying out the federal tax to be uniform across the nation; Congress can even borrow money from the government without any restrictions to support the general welfare further. Furthermore, the Houses are also given the power to regulate the standard measurements--distance, weight, volume, and area--for the coins; the punishment for those who are caught counterfeiting currency is also decided by the branch. In summary, the many powers the legislative branch possesses are given by the Constitution as a means of separation of powers and checks and balances.
Second, as the nation's leader, the President has powers they must respect and duties they must uphold. Thus, in the Constitution section of the US History textbook, Article 2 section 2 clause 1 quotes, “The President, a civilian, heads the nation’s armed forces, a key element in the Constitution’s insistence on civilian control of the military. The President’s power to ‘require the opinion, in writing,’ provides the constitutional basis for the Cabinet”(p532). The quote suggests the idea of popular sovereignty, that the people give the government power. As the President, not only must they meet all the requirements, but be an official citizen of the United States, further supporting this principle in the Constitution. As the executor of the three branches, the President has many powers, along with heavy responsibility and being the face of the country; in other terms, they are the representative of the whole country. In this branch, laws are enforced and convening sessions are called, but they also must require the opinion in writing from the executive departments. The President is given the executive power to enforce the laws and administer the public policies during their 4-year term; this also applies to the Vice-President. With the executive power, one of the President’s powers is forming treaties--which requires two-thirds consent of the Senate--and they are also granted the ability to make foreign agreements that in this case, do not require Senate approval. Additionally, not only can the President appoint officers who hold lesser posts, but call in recess appointments when the Senate is not in session with consent from the specific House. For the rest of Congress, after the body convenes every year, the President gives a State of the Union speech that addresses the federal budget (the nation’s revenue and budget), and an economic report, then gives suggestions to better the nation. Although Congress is not forced to follow these suggestions, they are highly encouraged, and, if needed, the President can summon special sessions for both Houses for disagreements, other government representations, proper law executions, and to motivate federal officer duties. In total, the President executes laws and administers public office while being the representative of popular sovereignty, republicanism, and limited government.
Third, the Court’s Jurisdiction, extending to various federal cases, gives power to the courts to hear a case, and can either be original or appellate. In the US Constitution of the History textbook, Article 3 section 2 clause 1 quotes, “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority”(p534). This judicial power is granted to the federal courts to hear and evaluate cases for the nation, with the Supreme Court--the highest in the judicial branch--being the only court created by the Constitution; all the other lower courts are established by Congress. While in office for life (unless in cases of impeachment via Congress,) the federal courts act as an extra safeguard for individual rights, responsible for reviewing if bills and laws follow the Constitution and settling disputes. They are granted the highest responsibility to make sure Congress and the President’s decisions remain constitutional and have the power to stop these decisions if it is deemed unconstitutional. With the judicial power, the federal courts have jurisdiction over official individuals, public ministers, maritime actions, and/or political disputes. In order for the courts to have specific power over these cases, Article 3 section 2 clause 2 grants power in two situations of jurisdiction; if a court is hearing the case the first time and not an appeal from a lower court, the hearing court is given the powers from the original jurisdiction. If the case is on a appeal from a lower court, appellate jurisdiction powers are appointed; more occasionally, the High Court hears appealing cases. Stated in the 6th and 14th Amendments, in all cases--except for impeachment--is the right to trial by jury guaranteed. However, the federal courts have an additional duty: dealing with treason. This is a severe offense as it shows the individual’s lack of devotion to the country and as such, the Constitution and the Framers do not take this crime lightly. Congress allows the courts to punish the convicted traitor with a minimum of 5 years and/or a $10,000 fine; although the maximum penalty is death, no person who has committed treason has been executed legally. Legal punishment acted out on the traitor’s family members/bloodline cannot be made. In total, the federal courts, with the judicial power, protect individual rights and limit government with the jurisdiction granted by the Constitution for justice and equality.
In conclusion, Congress is the main law-making body, the President executes decisions, and the federal courts review the choices to determine if they follow the terms made for the Constitution. The essential question, “How much power should the government have?” relates to today with individual rights at the very center of value. This is one of the Seven Principles and the main purposes for writing the Constitution. Government should never have absolute power and control over the people because it tries to rip away the people’s rights and dehumanizes them. Although these rights can’t be taken away, access to them can be blocked; the right to have freedom of speech, religion, trial by jury, own property, open entry to education, and the right to participate in government. In simpler terms, we are all capable of learning new subjects, but there are many places in the world where education or academics are restricted due to government issues or poverty. If we look at the United States government today, many of the simple actions we do every single day wouldn’t be possible without the Constitution protecting these individual rights. We wouldn’t be able to speak about our opinions freely, choose our religion or not, have fair treatment in court, own our own houses, attend school, and be able to elect representatives. These values also link with republicanism, and from republicanism is popular sovereignty; representatives wouldn’t be able to be in office without the power of the people’s votes. With elected representatives is the separation of powers to sort their government responsibilities in office, dividing it up to the states and federal power in federalism, along with checks and balances to be able to limit each responsibility, thus connecting to limited government. All the seven principles are linked to each other and correlate, but individual rights is the most crucial element. As stated in the earlier paragraphs, all of these branches of government--Congress, the President, and federal courts--are meant to protect our rights as part of the Constitution. Every action made should and must be for the benefit of the people. Public buildings and military defense are funded by Congress, the President gives suggestions in every State of the Union speech to improve the economy, and the Court has jurisdiction over cases, especially those that need to be deemed unconstitutional. In conclusion, the government should be a republic to give power to the people and be divided for the citizen welfare, aligning with individual rights, and in this way, results in a well-functioning nation that values the Constitutional principles above all.