The Constitution Essay Research Paper The ConstitutionRight

The Constitution Essay, Research Paper

The Constitution

Right from the beginning of it.s creation the constitution

of the United States has been a shaky document. The very basis

for it being there was in fact illegal. The story of American

politics starts with the Declaration of Independence. This

document was brilliantly written by Thomas Jefferson and

compacted all of the great ideas of enlightenment into one short

easy to read paper. The declaration stated all of the ideals the

new American nation would strive for. A constitution was needed

as a way in which to fulfill those goals. The articles of

confederacy were created as that constitution. However, they were

weak, because no state wanted to give away any of their powers,

and so the articles eventually failed. That is when the modern

day constitution was starting to form. The Articles of

Confederacy stated that in order to change any part of the

document all thirteen states must agree to the change. Therefor

a meeting was called so that they could amend the failing

articles. However, representatives from two of the states did

not show up. Even though not all states were represented the

meeting started and the first vote was to totally throw away the

Articles of Confederacy. The constitution wasn.t formed yet and

it was already a flawed document. Because not all states were

represented when the articles required it, the constitution was

an illegal document. The delegates working on the constitution

new that they needed a stronger document, because the articles

proved too weak, but it still needed to please all of the states.

This was impossible. So what ended up happening was the new

ducocument became more and more vague. The only way to create a

document that would pass was to make a document which didn.t

really solve any problems but make each state believe that there

problems would be fixed. This was accomplished by making it so

that it was too vague to offend anybody but you could read into

it. This made for a document that would be seriously flawed

because people would be able to read into it too much. It could

not work. The Constitution of the United States of America was

too vague to work.

The way the constitution was written it gave power to four

parts: the congress, the executive branch, the judicial branch,

and the states. Because it was so vague it did not really define

which powers went where (with a few exceptions). It left too

much room to read into and take power away from other branches

and into your branch to give yourself more power. The

constitution leaves all unmentioned powers to the states,

representing the people. This seems like that would be allot of

power, and it would be, except that the other three branches

would read into there powers and eventually take almost all

powers so that the remaining powers were little and

unconsiquencial. Throughout the history of the constitution the

three branches of the government would time and time again expand

their powers. Each time taking more powers away from the states

and unbalance the system so that the original ideals set would be

destroyed.

Congress was split into two houses: the senate and the

house of representatives. This was one of the ways which the

constitution gave an unreal power to the people. The house is

the only part of the government which is directly elected by the

people. This made the people think they were getting a direct

say in the government, but that wasn.t true because everything

done in the house would have to go through the senate which was

run by the elite. throughout the years congress has constantly

expanded their powers through a broad interpretation of the

constitution and with every example they have abused the system

by unbalancing powers and taking rights away from the people.

The biggest thing they used to expand their powers was a

small section of the constitution which they expanded to give

them any power the saw proper of themselves to have. Article 1

section 8 clause 18 is called the elastic clause. This clause

states that congress can make any laws necessary and proper to

carry out their powers. This is one of the big reasons the

constitution can not work. this clause is just too vague to

allow any understanding of what congress.s powers are. Congress

would take this clause to the extreme. It does say the can only

make laws which would complement their listed powers. However,

they took it to mean they could do anything necessary to carry

out their .job,. which of coarse is anything in their interest,

or .in the interest of America..

The first major example of their abusement of this clause is

the Bank of the United States. In no place does the constitution

s

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