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Please respond to each author using at least 125 words per response based on the original question that was asked.
You can read chapter 4 from this book (https://open.umn.edu/opentextbooks/textbooks/273) if you need a better understanding of the conversation. Please use correct grammar and punctuations.
Original question asked:
In 1776, 13 colonies of Great Britain declared their independence from said country. After fighting a long, bloody war to secure their independence, the colonies had to determine how to make decisions for themselves. There were two overarching concerns when creating this new decision-making system: 1) keeping the colonies united as one country; and 2) preventing any individual and/or group from gaining enough power to control others. Provide at least three examples of constitutional concepts that address each of these concerns. For example: in direct response to one of these overarching concerns, the powers created by the U.S. Constitution are expressly divided. They are divided between the federal government and the individual state governments. In addition, they are divided across three separate branches within the federal government. Please be sure fully to explain each of your examples.
Author Pey’s Response:
One overarching concern was the power of a central government. “The partnership created in the Constitution between the states and the federal government is called federalism” (Mayer, Siedel, Warner, 119).The Constitution makes sure authority is divided between federal and state governments. This was specifically addressed in the Tenth Amendment. It states, all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states. The federal government only has the power granted to it by the Constitution. Federal legislation that affects business must be based on an expressed constitutional grant of authority.
The Constitution also spreads power in the federal government between three branches of government. The first three articles of the Constitution establish three independent branches of government. These branches are the legislative, the executive, and the judicial branches. “Because the Founding Fathers wanted to ensure that no single branch of the government, especially the executive branch, would be ascendant over the others, they created various checks and balances to ensure that each of the three principal branches had ways to limit or modify the power of the others” (Mayer, Siedel, Warner, 119). This is known as the separation of powers.
In direct response to one of these overarching concerns, the power created by the U.S Constitution allows each state to retain its sovereignty, independence, right, freedom and jurisdictions. In the second article it states, “Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.” This means that state’s governments have power to make some of the decisions concerning their states, unlike under the British Crown where all decisions were made by the British government.
Author Sha’s Response:
The one document in the US which all public officials and military personnel pledge their unswerving allegiance is the Constitution. The Constitution often speaks in general terms so it can be interpretated broadly by different people. For the above illustration of keeping the colonies united as one country the following concept in the constitution are suitable:1) : Artilce 1, Section 8,that states : The commerce clause gives congress the exclusive power to make laws relating to foreign trade and commerce and to commerce among various states. By keeping power of trade and commerce in the hands of one entity the colonies can kept united and also be encouraged to work together as one country.2) : The preemption doctrine drives from the supremacy clause of Constitution, which states that the ” Constitution and the Laws of the United States …shall be the supreme Law of the Land ..any Thing in the Constitution of Laws of any State to the Contrary notwithstanding.” This also promoths the idea of keeping the colonies united since makes sure that if any of the colony tries to do something that will affect the unity of the nation, then the government has right to over power the colony’s decision.3) : In Article 2, the Constitution sets forth the powers and responsibilities of the branch – the presidency -and makes it clear that the president should be the commander in chef of armed forces. When a leader is elected for all the colonies, the leader automatically keeps them united as one nation. The example for other overarching concern about preventing any individual and/or group from gaining enough power to control others are : 1) : Article 1, balances influence in the federal Legislature between large states and small states by creating senate in which the smaller state (by population) as well as large state have 2 votes, this ensures that any particular colony or group of people are not supressing others. 2) : Seperation Of Powers is a model that divides the government into seperate branches, each of which has seperate and independent powers. By having multiple branches of government this system ensures that no one colony is more powerful thean other. 3) : Equal protection refers to the idea that the government body may not deny people equal protection of its governing laws. The government body in must treat an Individual in the same manner as others in similar conditions and circumstances. This will protect the right of all the individuals in the colony and help them stay in harmony.