In order for our government to work as a Democratic government, there must be an equal separation of power, which is also known as checks and balances in the constitution. Checks and balances are used to separate power between branches in order to avoid a branch having too much power. This is what makes it democratic, since each branch has equal power, they represent the public’s interest equally. Checks and balances manages the power of three branches that each have different roles in the U.S. government. The first branch is the Legislative Branch, also known as congress. The Legislative Branch comes first in the constitution because it’s supposed to be the most important branch. The legislative branch is made up of the House of Representatives and the Senate; it’s also known as the bicameral legislature. A term for someone in the house of representatives is only 2 years, whereas a term for someone in the senate is 6 years. The number of members in the house of representatives is 435 which is determined by the amount of population in every state. On the other hand, the senate is made up of 100 members which is determined because each state is represented by 2 senators which are elected into office by the people. Only the house has the power to initiate tax laws, spending bills, and impeach the president or other government officials. One of their main responsibilities is writing and passing laws. Other jobs include confirming or rejecting presidential appointments, and having the authority to declare war. The Senate is the branch that tries a government official that’s up for impeachment. Both the house and the senate have the power to tax, coin money, declare war, and regulate foreign and interstate commerce, but their main job is writing and passing bills. In order for them to pass a bill, both the house and the senate must agree on the terms of the bill. If there’s and changes made to the bill, then it must be sent back to the other branch to check if they agree with the changes or not. The second branch in the constitution is the Executive Branch. The executive branch includes the president, vice president and cabinet. It primarily makes sure that the laws that were passed are carried out. Some other duties of the executive branch include making executive orders, vetoes, appointing federal judges and appointing heads of federal agencies, which is also known as the president’s cabinet. The president’s cabinet usually advises the president but with the secretary of each department but the president doesn’t just choose whoever he wants to appoint. The senate must vote to confirm the presidents’ appointees, which is where checks and balances comes in. Finally, the third branch in the constitution is the Judicial Branch. The Judicial Branch settles disputes and makes sure that each side of the branches is acting fairly. It’s able to do this because of the Judicial Review. Although the judicial review is not in the constitution, it gives the judicial branch the power to rule on laws, executive orders, and other orders implemented by congress and the president. The main body of the judicial branch is the supreme court and it interprets the constitution. The supreme court is made up of justices that are appointed for life once elected and so never have to go through re-election. An executive order is an official statement from the president stating how he wants the federal agencies to use their resources. Checks and balances comes in an executive order because although the president does have the power to instruct the government how to work, he’s only limited to instruct within the parameters that are already set by congress and the constitution. In addition, congress also has the power to overturn an executive order. Congress can pass laws that overturn an executive order. When it comes to the public’s view, the media definitely serves as a check in power. Everything nowadays is documented and plastered all over social media and news channels; we have way more coverage on presidential decisions than we ever did. A current day event that would serve as an example of checks and balances is when President Trump decided to sign an executive order protecting the nation from foreign terrorist entry into the United States but the order excluded Muslims from specific countries from coming into the U.S. In the executive order he states,
“In order to protect Americans, the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles. The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law. In addition, the United States should not admit those who engage in acts of bigotry or hatred (including “honor” killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation.” (“Executive Order Protecting the Nation from Foreign Terrorist Entry into the United States.” The White House, The United States Government, 27 Jan. 2017, www.whitehouse.gov/presidential-actions/executive-order-protecting-nation-foreign-terrorist-entry-united-states/. ).
This ban was known as the Immigration ban on January 27. Although he claims it was an action taken to protect United States citizens from the active terrorism, it was declared unconstitutional by the federal court system. This relates to the topic of checks and balances because although the president did try to pass the executive order, congress did not allow it and instead labeled it as unconstitutional.
Federalism is the idea that in the U.S., the power between the national government and the 50 state governments is divided. There are three type of governments that are part of the U.S. which is federal, state, and local, and all three are responsible for making laws. Federal laws are passed by the federal government and apply to all citizens of the United States, no matter what state they’re in. The state government makes laws to manage citizens and visitors of that particular state only. The state government which includes counties and cities, also makes laws to manage citizens of those particular areas. This means, visitors must follow laws that correspond to the particular city they’re visiting but only while they’re visiting that city. The federal government is limited to making laws that are known as enumerated powers. Enumerated powers are basically laws or powers that are clearly stated in the constitution of things that the federal government can do. They’re there to ensure that the federal government doesn’t give itself more power over the people than they should have. On the other hand, Implied powers are basically the opposite. Implied powers are powers taken by congress through a reasonable deduction from the expressed powers. Implied powers are managed by the necessary and proper stated in the constitution in Article I, Section 8, Clause 18,
“To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” (“Article I.” LII / Legal Information Institute, Cornell Law School, 10 Oct. 2017, https://www.law.cornell.edu/constitution/articlei)
This essentially manages the power that congress is allowed and makes sure that their power is fair and for the people, which leads to the tenth amendment in the constitution. The tenth amendment is all about the rights reserved to the people. It limits the power of the federal government by giving that power to the people (states) instead. An example of this is how some states now legalize marijuana for both personal and medical purposes but the federal law bans marijuana as a controlled substance. A current day event that serves as an example for federalism is the issue of the legalization of marijuana. In an article by The Washington Post titled, “Will marijuana make federalism go up in smoke?”, they state,
“During the campaign, Donald Trump endorsed medical marijuana and said pot legalization “should be a state issue, state-by-state.” Attorney General Jeff Sessions, on the other hand, is a fierce opponent of marijuana and has opposed measures that would limit the federal government’s ability to interfere with state decriminalization efforts. Last month, Sessions reiterated the federal government’s authority to enforce federal drug laws “regardless of state law,” and some fear he will resist congressional efforts to protect medical marijuana from federal drug laws. Yet Sessions is not the greatest threat to continuing state-level marijuana reform efforts.” (Adler, Jonathan H. “Opinion | Will marijuana make federalism go up in smoke?” The Washington Post, WP Company, 14 Aug. 2017, www.washingtonpost.com/news/volokh-conspiracy/wp/2017/08/14/will-marijuana-make-federalism-go-up-in-smoke/?utm_term=.4c150162a389).
Since the decision to opt out of prohibiting marijuana is the states, the government can’t enforce federal laws against marijuana in states that have already legalized the use of medical or recreational marijuana. If they did, it would be going against what’s stated in the constitution and it would be going against the idea of federalism.
Civil liberties are limitations placed on the government from doing things that might interfere with the people’s personal freedom. There are many liberties discussed in the constitution. Liberties guaranteed in the constitution include freedom of religion and freedom of speech, along with many more. Freedom of religion basically says that congress can make no law that establishes religion. Everyone is free to follow their own religion without and government interference. In addition, freedom of speech is also basically saying that congress can’t make a law that diminish freedom of speech which gives us the right to petition the government, and allows the press freedom of speech as well. In the fourteenth amendment, a number of important concepts are mentioned. The fourteenth amendment was designed to correct the supreme court’s decision of the three fifths compromise. The most important part of the fourteenth amendment is section one and it states,
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”( Staff, LII. “14th Amendment.” LII / Legal Information Institute, Cornell Law School, 10 Oct. 2017, www.law.cornell.edu/constitution/amendmentxiv.)
This is basically saying that if a person is born in the U.S., then they’re a United States citizen and should be treated as one. The fourteenth amendment also applied more regulations on racism and segregation. Furthermore, from the fourteenth amendment comes the equal protection clause. The equal protection clause which basically states that no state can enforce any laws that deny citizens and people under a state’s jurisdiction equal protection of the laws. Civil liberties are in the constitution and have been followed, but there are factors that impact it, such as the war on terror. The war on terror is also known as a global war on terrorism. Although it is meant to protect United States citizens, we face provisions that threaten our civil rights. Since the attack in on September 11, 2001, law enforcement and intelligence agencies are now authorized more power. Some believe that government powers have only gotten increasingly strong and see it as a threat to our civil liberties. An example of why people might believe that is because since the Patriot Act was passed just a few weeks after the attack on 9/11, it gave the Bush administration the power to track and arrest anyone that was a suspected terrorist. This allowed the government to use wiretaps, track internet and e-mail communications, collect business records and other things that seems to go against civil liberties. In an article by ACLU titled, “Surveillance under the Patriot Act”, they state,
“Under the Patriot Act, National Security Letters (NSLs) are issued by FBI agents, without a judge's approval, to obtain personal information, including phone records, computer records, credit history, and banking history.”( “Surveillance Under the Patriot Act.” American Civil Liberties Union, ACLU, www.aclu.org/issues/national-security/privacy-and-surveillance/surveillance-under-patriot-act)
This caused a conflict between civil liberties and national security. It was made possible for the government to illegally wiretap American citizens, spying on citizens that weren’t suspected of a crime and so on, which cause American citizens to feel unsafe and felt like their civil liberties were being violated. This is where the significance of voting rights to the American people is very important. It’s what allows our voices to be heard and prevents the government from having too much power over us. We get to vote for what we want and don’t want to happen in our county. This is why, when the government tries to make it harder for us to express these rights, it becomes an issue. In an article published by Huffington post titled “The Importance of Protecting Our Right to Vote: Reflecting on the Voting Rights Act of 1965”, Hastings states,
“Voter discrimination has not disappeared, and Congress must act to put in place greater voter protections to ensure that all Americans can have their voices heard. I am proud to be a co-sponsor of the Voting Rights Amendment Act of 2014, which will take the necessary steps to address the flawed decision in Shelby County. I hope that Congress takes up this legislation very soon, because we cannot afford to let this issue slip from focus. Countless individuals have fought long and hard for the chance to vote on Election Day, and we must not allow the clock to turn back on decades of progress.”( Hastings, Rep. Alcee L. “The Importance of Protecting Our Right to Vote: Reflecting on the Voting Rights Act of 1965.” The Huffington Post, TheHuffingtonPost.com, 6 Aug. 2014, www.huffingtonpost.com/rep-alcee-l-hastings/voting-rights-act-of-1965_b_5647833.html.)
They explain that voter discrimination and the issue of unequal voting rights is definitely unconstitutional. Hastings also states that there are many people that fight for these rights and freedoms, therefore congress shouldn’t ignore these issues and should instead prioritize it. There are other threats to the significance of our voting rights, including gerrymandering and voter suppression. Gerrymandering is coming up with political boundaries that give a certain party a numeric advantage over the opposing party. An example of gerrymandering as stated in an article posted by The Washington Post, titled “This is the best explanation of gerrymandering you will ever see”,
“In the real world, the results of this latter scenario are similar to what we see in New York, though there are no good examples of where a majority party gives itself a clean-sweep. In 2012, Democrats received 66 percent of the popular House vote. But they won 21 out of 27 House seats, or three more than you'd expect from the popular vote alone. And from a purely geometric standpoint, New York's congressional districts aren't terribly irregular — at least not compared to other states.”. (Ingraham, Christopher. “This is the best explanation of gerrymandering you will ever see.” The Washington Post, WP Company, 1 Mar. 2015, www.washingtonpost.com/news/wonk/wp/2015/03/01/this-is-the-best-explanation-of-gerrymandering-you-will-ever-see/?utm_term=.a6cc8397d02d )
In the article, Ingraham also claims that in order to resolve this issue to make sure there isn’t any gerrymandering going on with voting, it should be taken out of human hands entirely and instead there should be a developed software that does that job. In addition, another threat to the significance of our voting rights is voter suppression. Voting suppression is laws that lead to burdens that affect eligible voters, which is unconstitutional. A current day event that relates to the topic of civil liberties is the case of Fish v. Kobach. This case relates to the topic of civil liberties because there was a court order that required the state of Kansas to register thousands of Kansans who attempted to vote but weren’t allowed because they failed to comply with the states citizenship documentation requirements. This violated the National Voter Registration Act because all they had to do in order to vote is apply for or renew a drivers license at the DMV, but instead, they were being required to show additional citizenship paper work when they shouldn’t have had to. This case caused the ACLU to block the law in 2016 , and This case was currently updated on February 2018 in which they stated,
“ UPDATED FEBRUARY 2018: A trial before the federal district court seeking to make the court’s preliminary ruling in this case permanent is slated to begin on March 6. The ACLU will have the opportunity to show in open court how the documentary proof-of-citizenship law has blocked the voter registrations of more than 35,000 Kansans. The ACLU will also demonstrate at trial that Secretary of State Kris Kobach, who is personally defending it in these proceedings, has not been able to produce evidence showing the law is necessary for the state to enforce its voter qualifications. Although the Tenth Circuit’s order blocking the Kansas law is in effect pending the outcome of the trial, the ACLU has had to file a motion charging Secretary Kobach with contempt for repeatedly refusing to comply with that and related orders. A federal court has already sanctioned Secretary Kobach for making “patently misleading representation to the court." ”( Fish v. Kobach.” American Civil Liberties Union, ACLU, Feb. 2018, www.aclu.org/cases/fish-v-kobach.)
March 7th 2018 was the first day of the voting rights trial and it would determine if whether or not the law that the ACLU successfully blocked down in 2016 would become permanently blocked down. Finally, this proves as an example of how civil liberties comes into play. If we the people didn’t have a say, we wouldn’t be able to take situations like these to court and battle them out. Which is why civil liberties is extremely important, and possibly the most important in the contituiton. It provides us with a fair and ethical opportunity to express our feelings towards the government, which along with other things, makes this nation a free nation.