The United States Constitution is the fundamental writing that establishes the structure of the government and its authorities. Establishing the division of powers and the system of checks and balances is of utmost importance in the initial three Articles of the Constitution. This division guarantees that no individual branch attains excessive dominance, averting tyranny and the misuse of authority. Hence, it is essential to understand the history of the first three Articles of the Constitution, the Bill of Rights, and how laws are made.
Article I pertains to the legislative branch, specifically the Congress. The United States Congress comprises two distinct chambers, the Senate and the House of Representatives. Congress has the authority to pass laws considered essential for carrying out the powers granted to any branch of the government in the Constitution (“The Constitution of the United States,” 2023). The formation of a yearly budget for the government is a component of Congress’s exercise of legislative authority. In order to achieve this objective, Congress imposes taxation and tariffs to generate revenue for vital government services. If insufficient funds cannot be generated to finance the government, Congress may also grant authorization for borrowing to compensate for the shortfall. Also, it has the authority to impose spending requirements on certain things, a practice called legislatively direct spending or “earmarks.” This type of expenditure allocates monies for a particular project instead of being allocated to a government agency. On the other hand, the Senate retains various authorities internally, including approving treaties through a two-thirds supermajority vote and confirming the President’s appointees through a majority vote. To ratify trade agreements and confirm the Vice President, it is imperative to have the permission of the House of Representatives.
Article II grants the U.S. President the executive power. In their capacity as the chief executive, the President is responsible for upholding the legislation formulated by the legislative branch and possesses a range of powers to effectively carry out this obligation (“The Constitution of the United States,” 2023). Additionally, the President checks Congress’s authority to enact legislation by wielding the veto power. Also, this Article establishes the position of Vice President, who is chosen in conjunction with the President and holds the highest rank in the hierarchy of succession to the Presidency in the case of the President’s demise, departure from office, or incapacitation during their tenure.
Article III sets up the judicial branch, which has the duty of interpreting laws. This division includes the federal courts and the Supreme Court, which have the highest authority in the legal system (“The Constitution of the United States,” 2023). The judiciary guarantees the equitable and uniform application of laws throughout the country. Also, it possesses the jurisdiction to assess the constitutionality of legislation and executive measures.Implementing this system of checks and balances mitigates the risk of any single branch acquiring excessive authority.
The Bill of Rights encompasses the initial ten amendments of the Constitution. They were included to tackle apprehensions over individual rights and freedoms. The Bill of Rights safeguards fundamental liberties, including the freedom of expression, religion, and the entitlement to a just trial. These modifications aim to guarantee that the government upholds the rights of citizens and restricts its authority.
Creation of a Law
An example of a law passed in the U.S. is the 1970 National Environmental Policy Act (NEPA), which focuses on environmental protection. To pass such a law, a Congress Member, whether serving in the House of Representatives or the Senate, recognizes the necessity of enacting legislation to tackle environmental issues. Next, a bill is formulated as a formal proposition for passing a new legislation. Subsequently, the measure is presented to the corresponding chamber, where it undergoes a series of discussions, amendments, and evaluation by committees. Once the bill receives approval from the majority of the chamber, it proceeds to the other chamber for further deliberation. A consensus from both chambers is required regarding the precise wording of the bill. In the event of disparities among the versions, a conference committee is established to reconcile these disparities (“How a bill becomes a law,” 2024). After reaching a consensus in both chambers, the bill is forwarded to the President. The President can either enact the bill into law or exercise veto power. In the event that the President exercises veto power, it remains possible for the measure to be passed as law if both chambers of Congress hold a two-thirds majority vote to override the veto.
Conclusion
The United States Constitution serves as the fundamental basis of American governance, establishing the power allocation structure and the essential system of checks and balances to prevent the rise of dictatorship. The functions of the legislative, executive, and judicial branches are delineated in Articles I, II, and III, respectively, to prevent any single organization from possessing unrestrained control. On the other hand, the Bill of Rights protects individual liberties. The comprehension of the origins of laws, such as NEPA, sheds light on the complex legislative procedure crucial for fulfilling society’s requirements.
References
How a bill becomes a law. (2024, February 8). National Human Genome Research Institute. https://www.genome.gov/about-genomics/policy-issues/How-Bill-Becomes-Law
The Constitution of the United States: A transcription. (2023, August 14). The U.S. National Archives and Records Administration. https://www.archives.gov/founding-docs/constitution-transcript
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