Provisions of the American Constitution

Provisionsof the American Constitution

QuestionOne

TheConstitution of the America is the sovereign power that provides forall the procedures of governance from the national to the federalgovernment. The constitution helps to keep the American society inharmony since it provides a uniform observance of the. Like in anyother state, the constitution has to enjoy the support of themajority of the people before being passed. One of the distinctfeatures of the Constitution of the United States provides for theseparation of powers (Miller et al., 1994). The system instituteschecks and balances for the government since the powers devolve fromthe national to the feral government.

TheUnited States of America institutes a form of governance with federalfeatures. Federalism is a form of governance that provides for thesharing of responsibility for the various institutions governingpeople. Separation of powers involves assigning the legislative,executive and judicial powers to different arms of the government(Miller et al., 1994). The American constitution outlines the sharingof responsibilities between the three arms. That is the legislature,judiciary, and the executive. The dispensation of the Constitutionprevents any of the arms from abusing its powers since the other twoacts as checks for any action taken to enforce or eliminate a policy.

Theconstitution assigns different functions to the three interdependentparties. The Congress acts as the legislative branch and makes laws.These laws apply to all the states in the country despite most of thestates having local laws to govern their people. The regulations setby the federal government should not be in conflict with the lawspassed by the Congress. The president of the United States leads theexecutive. The arm handles implementing the laws passed by theCongress. The judicial branch monitors the activities of theexecutive. None of the arms can operate in the alienation of theothers (Segal et al., 2011). The Congress has to make laws that areconsistent with the constitution. The constitution gives them themandate to interpret the laws, and they can refer the laws back tothe Congress. The executive cannot implement any policy unless passedby Congress.

Theseresponsibilities as provided for by the constitution provide a systemof checks and balances. It is a government structure that gives eacharm of the institution some control over the other arms (Segal etal., 2011). It, therefore, becomes an unwritten obligation for allthe arms of the government to cooperate when making importantdecisions that have implications for the whole country. The systemof balance minimizes the tendency of one branch to take control ofthe government and stray away far politically from the other arms.

TheAmerican constitution survives through this approach since arevolution is not easy to take place. Any aspect of the constitutionthat may not have satisfactory effects on the population has to comeunder the consideration of all the primary players. For, this reason,none of them can act on selfish interests to bring a revolution. Thecompromise reached brings about the evolution of the Constitution(Clinton et al., 2012).

Thelegislative branch including the House and the Senate provides checksfor the president lest he overrides the constitution. They canimpeach and remove the President as provided in the constitution. Theexecutive proposes laws to the Congress and makes checks on thejudiciary. The judiciary reviews the tasks of the executive and thecongressional laws.

Conclusively,the constitution curtails the powers of individual arms by givingeach a form of control over the other. The American constitution can,therefore, only evolve since it curbs any form of revolution.

Questiontwo

TheConstitution of the United States divides the mandate of makingforeign policy between the president and the Congress. The two belongto the executive and legislative branches respectively. Both havecontinuing opportunities in initiating foreign policy andinteractions. The president can make foreign policies by respondingto foreign events or through proposals for legislation (Grimmett,1999).

TheUnited States of America may develop interest is a situationoccurring in another country and cannot be part of the issue unlessit does so through a policy agreement. The president initiates thefirst step toward approaching the relevant parties through anadvisory team. An example is using special envoys. The teamrepresents the president and the people of the United States atlarge. A country can also invoke the president to enter into anagreement a he makes a proposal to the Congress for consideration(Grimmett, 1999).

Hecan also negotiate for international agreements, initiate policystatements or through an independent action (Grimmett, 1999). In allthese forms, the Congress can either affirm or question the actionsof the president. Most of the times, the Congress does not entirelyreject the proposal of the president for foreign policies. Theyusually make changes in the policies and return them to theexecutive. He handles the appointment of the foreign consular andambassadors. These form an important part in the foreign relationssince they represent the country in the countries in which theyserve.

Thepresident is the initiator of foreign policies. Through the variousways in which the president and make foreign policies, he makes thefirst move and makes a proposal to the Congress for advice. Also, thepresident negotiates for international policies and treaties.However, the actions of the president must be consistent with theresolutions of the congress. In situations where the governmentapproaches another country to forge an agreement, the presidentrepresents the interest of the state.

Insome situations that involve war, the president as the commander inchief of the armed forces has a major influence in determining thedirection that the events of a war takes. However, the Congress hasthe powers to declare war against a state.

Althoughthe president plays a very significant role in initiating foreignpolicies, the constitution gives the congress the mandate to putchecks on him or the interest o the state. The main aim is to preventthe president from indulging in policies that may have detrimentaleffects o the people. The Congress advises the president on theappropriateness s of the intended policies concerning the effect theyhave on the country’s economy and well-being of the American people(Jentleson, 2010).

TheCongress also makes changes to the proposals presented by thepresident or rejects them altogether ifs they do not meet thethreshold agreed upon by a majority of the members. For example, indeclaring war, a majority of the Congress must vote in support for itto materialize. The president cannot act in such a matter unlessgiven a green light by the Congress (Hays, 2014).

Theconstitution also allows the Congress to initiate a foreign policythrough legislation. It can institute a new program and set its goalsand objectives. The members then pass the bill to the executivethrough directive orders of implementation (Hays, 2014). However, aspart of checks and balances, the president has to veto thelegislation and authorize it before handing it to the implementers.

Inconclusion, the making of foreign policy by the government of theUnited States is a long process that involves many stakeholders. Allthe policies are to the best interest of the state, and that explainswhy the Constitution explicitly curtails the powers f an individualarm in making the imperative decisions.

References

Clinton,J. D., Bertelli, A., Grose, C. R., Lewis, D. E., &amp Nixon, D. C.(2012). Separated powers in the United States: the ideology ofagencies, presidents, and congress. AmericanJournal of Political Science,56(2),341-354.

Grimmett,F.(1999). Foreign Policy Roles of the President and Congress. UnitedStates Department of State. Retrived fromhttp://fpc.state.gov/6172.htm

Hays,P. (2014).ThePolitics of American Foreign Policy: How Ideology Divides Liberalsand Conservatives over Foreign Affairs.RedWood: Stanford University Press.

Jentleson,W. (2010). AmericanForeign Policy: The Dynamics of Choice in the 21st Century.New York NY.: Springer.

Miller,J., Aldrich, Rohde, A. &amp Ostrom,W. (1994). AmericanGovernment: People, Institutions, and Policies. NewJersey NJ.: Houghton Mifflin Inc.

Segal,J. A., Westerland, C., &amp Lindquist, S. A. (2011). Congress, theSupreme Court, and judicial review: Testing a constitutionalseparation of powers model. AmericanJournal of Political Science,55(1),89-104.