The American democratic system is a reflection of the nation’s foundational documents, including the Declaration of Independence and the Constitution, which are built upon such enduring principles as equality, liberty and popular sovereignty. The essential principle enshrined in the Declaration of Independence, stating that “all men are created equal”, emphasizes each person’s inherent dignity and right to such equality. This principle is carried throughout the Constitution as a testament to the aspiration of this nation to create an environment where every citizen experiences dignity and equality.
Allied to the idea of equality is the valued dream of liberty. The Declaration of Independence asserts that all individuals have several unalienable rights, among these “Life, Liberty and the pursuit of Happiness”, which summarize individual freedoms. The Constitution builds upon these liberties further by providing safeguards for citizens against governmental intrusion and creating guarantees that the US’ freedoms of speech, religion, and assembly are protected (Constitution of United States Amendment 1).
The principle of popular sovereignty is central to the American democratic ethos, in which government authority stems from public consent. Thus, this fundamental principle allows citizens to engage in the democratic process and implies that a government can always be held accountable by its people. Declaring “We the People of the United States, in Order to form a perfect Union…do ordain and establish this Constitution for….America” (Constitution of the United States, Preamble), the preamble articulates by collective authority of citizenry that shapes nation’s governance.
To safeguard against the concentration of Power and uphold the principles of democracy, the Constitution establishes a system of checks and balances, delineating governmental authority among three co-equal branches: legislative, executive, and judicial. This separation makes sure of accountability and there is no instance where a particular branch would grab too much Power. As explained in the Constitution, “The executive Power shall be vested in a President… The legislative Power shall be vested by Congress of the United States… judicial authority being well demonstrated will lie within that one Supreme Court,” structuring powers to ensure an equitable distribution of authority (Constitution of United States 1987 Article I, II and III).
These ideals and principles are uniquely demonstrated in the American form of republican government through democratic elections, legislative deliberations, judicial review and executive governance. Citizens use the participation process of free and fair elections to exercise their sovereign right by choosing representatives who will govern on their behalf. The legislative branch, represented by the House of Representatives and the Senate, adopts laws that reflect the wishes or desires of the people. This embodies representation democracy. In addition, the judiciary, which is in charge of the legal review, reads laws to make sure they are within the stipulations provided for by the Constitution, thus promoting the rule of law and protection rights that their individuals enjoy. This process makes it easier for the law to be put into action and enforced by members of the executive branch under a President who is also the leader’s head of forces. This articulate design, where there are patterns of checks and balances as they move along with the wish people have regarding personal submission to their popular sovereignty, reflects this nation’s attempt at democratic living, which represents equality and freedom from all.
America’s independence and the Constitution provide Americans with fundamental principles upon which to base their philosophical framework of American democracy. These values, such as equality, freedom and popular sovereignty, have persisted to this day in the guiding of principles that reflect for which we stand not only in our country today but with what ideals it is based upon. America, in its striving toward an ever more effective union, continues to stand by these fundamental democratic qualities.
Important Supreme Court Cases And Executive Actions And Their Impact On Law And Our Society
The history of the United States is full of pivotal Supreme Court cases and executive actions, which were instrumental in shaping its legal system as well as intercultural relations. Adherence to these milestones represents the changing aspect of American democracy, whereby the search for justice is often accomplished. On the pages of judicial history, some cases can be considered as reference points of icy law and society change its outlines.
Firstly, 1954 saw the Supreme Court make one of its most potent decisions that would echo through generations – Brown v. Board of Education. This case went directly to the core of racial segregation in public schools and held state laws requiring separate facilities for black-white students as inherently unequal. The unanimous decision of the Court reversed one of the most hated precedents that arose in Plessy v. Ferguson, 1896, which had validated the notion of “separate but equal”. Brown .v Board was indeed a tsunami wave, and it grammar bricks for legal segregation, henceforth making seats some American society only to people.
Secondly, 1973 marked a monumental change in the area of reproductive rights with Roe v. Wade. This ruling viewed that women have a constitutional right to choose between having an abortion under the privacy statute. Legalizing abortion, the Court defended a woman’s right over her body and started an argument that lasted decades regarding how personal freedoms should balance state interests. Roe v Wade is still an icon in the long-standing debate about reproductive rights and whether government intrudes in individual decisions.
Miranda v. Arizona (1966) emerged as a cornerstone of procedural safeguards that came to be known in the crucible of criminal justice. In this case, it was ruled that those who are arrested should be informed about what they say can and will be used against them in a Court of law; one has his right to remain silent, and ignorance shall not impend on one’s Fifth Amendment rights even if said individual may waive such duty. The Miranda warning, one of the pillars of American legal culture, represents a call for all individuals to be aware of their rights when faced with sanctioned pressure from the State.
Similarly, Gideon v. Wainwright (1963) also fortified some of the bases of justice by saving provisions that supported one’s right to be represented legally by a lawyer. In this final ruling, the Court held that all criminal defendants were entitled to counsel, even if they could not afford legal services. Therefore, through this decision, the Court banned such injustices within the criminal justice system by bringing even destitute people to trial and giving them a lawyer for their legal defence. Gideon v. Wainwright of 1963 was the defining moment in the struggle for equal protection under the law by all citizens.
In the field of civil rights, Obergefell v. Hodges (2015) created a precedent by yes – addressing same-sex marriages as legal throughout the USA. The Court made its decision on marriage by same-sex couples based on equal protection principles, protecting this practice as a fundamental right. This decision did not only change the face of what marriages looked like but instead signalled a broader trend within society that was ready and willing to recognize gay rights wherever found.
Executive actions have had substantial implications outside of the Court. The Civil War has three epochs, namely the emasculation of slavery as a result of public approval of the Supreme Court’s decision, the Emancipation Proclamation by Abraham Lincoln in 1863 and finally, amendment XIII to the US Constitution. This executive order declared that all enslaved people within the territory controlled by the Confederacy would be set free, thus creating a foundation for the liberation of black people. Although it had virtually no immediate impact, the Emancipation Proclamation was a milestone in America’s journey to rid itself of one of its original sins.
It is the fearsome dark side of executive powers that makes golden sometimes Executive Order 9066, issued in 1942 under President Roosevelt, by virtue of his presidential authority alone. Accounting for the perceived enemy within World War II, this order approved the internment of Japanese-Americans into relocation camps. The forced relocation and imprisonment of thousands who are innocent just because they come from a particular part has been called a denial of civil rights that scarred the State.
On the other hand, Executive Order 9981, signed by Harry S. Truman in the year1948, can be viewed on a positive note as actions perpetrated through orders given by an authority above them all that were carried out through executive orders such as providing equal treatment to everyone’s patients regardless of their races. This order ended segregation within the armed forces, an enormous step during early civil rights gains. Truman’s dedication to the elimination of segregation within army ranks laid a foundation for a more radical desegregation agenda in American society at large.
Also, more recently in 2017, President Donald Trump’s Executive Order 13769 has caused controversies and lawsuits. Even during the contest period, one of Trump’s early executive orders, also popularly known as the “travel ban”, achieved his campaign goals by curbing immigration into the United States for citizens from several countries where Muslims are a majority due to national security concerns incl,ude being posed severe threats.
Work Cited
15 Supreme Court Cases that Changed America. PBS, https://www.thirteen.org/wnet/supremecourt/antebellum/landmark.html
Constitution of the United States.National Archives and Records Administration, The US National Archives and Records Administration, www.archives.gov/founding-docs/constitution-transcript.
Declaration of Independence. National Archives and Records Administration, The US National Archives and Records Administration, www.archives.gov/founding-docs/declaration-transcript.
Executive Orders – The American Presidency Project.” The American Presidency Project, University of California, Santa Barbara, https://lccn.loc.gov/2005616760
Gerhard Peters and John T. Woolley, “Executive Orders.” The American Presidency Project. Ed. John T. Woolley and Gerhard Peters. Santa Barbara, CA. 1999-2024. https://www.presidency.ucsb.edu/node/323876
NAACP Website (Brown v Board of Education).” NAACP, www.naacp.org/issues/education/brown-v-board-education/
Supreme Court Landmarks. Supreme Court of the United States, www.supremecourt.gov/about/landmarks.aspx.
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