Evaluation of the Constitution of the United States of America Coursework

Abstract

The Constitution of the United States of America is deemed as the supreme law. It is required to be abided by and followed by all the citizens of the country irrespective of their socioeconomic status. The government organizations as well as the non-government ones must adhere to the ruling of the supreme law.

The Constitution grants rights to the nation of the United States. These rights proclaim the residents of the country to be liberated and free. Nonetheless, the current political and privacy problems make the people feel that they are being deprived of their rights.

The critics strongly believe that there are many loopholes and ambiguities in the Constitution which allow the government, law enforcement agencies, and the political parties to manipulate the supreme law to attain their objectives. They assert that the framers of the Constitution belonged to the upper strata of the society. Therefore, they have designed the clauses keeping in mind the interest of the upper socioeconomic class. Besides, civil liberty is being sacrificed in the name of social security. The electronic communication of almost all citizens is conducted espionage to filter out and detect potential elements of terrorism.

Introduction

The Constitution of the United States of America is deemed as supreme law. All government and non-government organizations, courts of law, and citizens are required to follow and adhere to the legal commandments stated in the Constitution. The clauses remain the same for all citizens irrespective of their socioeconomic class. Therefore, it is imperative that every resident of the United States knows the rights rendered to him by the Constitution. This way, he will be in a better position to abide by the ruling of the supreme law.

One who reads and studies closely the full explanation in the text will discover that each clause or word in the Constitution was carefully designed to protect the individual — his life, his liberty and his property…. His government is not his master, as the king or dictator has always been, but his servant. (“We the People of the United States”, 2006)

Despite the rights and the freedom granted to the nationals of United States in the Constitution, they are often deprived of the promised liberty. Whether it is the law enforcement agencies or the government or the opposition parties, the people often feel suppressed and stifled. The critics of the Constitution raise their voices in this regard and bring into limelight the alleged loopholes or ambiguities in the supreme law. Those in power can manipulate the weakly stated clauses in their own interest.

In so many instances, fueled by greed, avarice, and self-aggrandizement, Our Elected Servants have subverted the Principles of the Constitution and Its strictures on the limitation of Government. (“We the People of the United States”, 2006)

It is vital to understand how the rights of the people of United States are actually or allegedly infringed upon. Knowing the Constitution is not enough; it is equally essentially important to realize how the rights to the citizens granted can be protected.

The Constitution, undoubtedly, stands in favor of the residents of United States and protects their rights. Nonetheless, it is usually those in power who maneuver the laws in their own interest to attain their goals.

The Weaknesses of the Constitution

It is argued that the Constitution has “no explicit right to privacy” and the “Supreme Court has ruled that there is a limited constitutional right of privacy based on several provisions in the Bill of Rights”. There is a “sectoral approach to privacy regulation so that records held by third parties, such as consumer marketing profiles or telephone calling records, are generally not protected unless a legislature has enacted a specific law”. (“United States”, 2003).

While Information Technology is making great strides and expeditiously turning the world into an inter-networked village, it is also opening avenues for invasion of privacy; thereby, causing security concerns for not only individuals but also organizations. Besides, as United States has embarked on the mission of curbing terrorism in the world, the law enforcing agencies have been conducting espionage on not just suspected individuals and bodies. The entire nation is being generally being spied on in some way or the other. The electronic communication, in particular, is screened. The use of any words or language which seems apprehensive comes under suspect. Therefore, individuals who have initiated the conversation or the dialogue also come under suspect.

Several arguments presented in defense of the infringement of privacy. The law enforcement agencies and the proponents of espionage assert that social security supercede civil liberty. They maintain that if the citizens are not secured, they would not be free or liberated any way. They would live under the fear of terrorism and terrorist attacks.

Another point in favor is that the internet or the electronic mode of communication did not exist at the time the Constitution was framed. Therefore, it is obvious that the supreme law does not emphasize on invasion of privacy especially through electronic means.

There are the staunch antagonists of the Constitution who believe that if the supreme ruling was democratic, it would have been framed by discussions and debates held by the citizens and changed regularly over time according to the prevailing circumstances. They argue that the Constitution was developed by people belonging to upper strata of society. Therefore, the clauses were so designed by them that they could “preserve and enhance the opportunities of their class”. The founders of the Constitution made it “to be biased in favor of that class,

and full of limitations on democratic control.” The critics claim that “James Madison had as his primary purpose the defense of the property interests of the dominant class of his day”. (Manley & Dolbeare, 1987, ix-xi)

The opponents of the Constitution maintain that the “Framers must share the responsibility for some of our present political problems”. Some of the issues arising from the designing of the supreme ruling are ‘institutional “gridlock,” presidential adventurism in foreign policy, and steadily declining voter turnout for national elections are only some of the contemporary problems”. (Manley & Dolbeare, 1987, xii)

Conclusion

It is generally agreed that the Constitution is aimed at providing and legalizing rights to the citizens. However, the nation often feels deprived of liberty. The critics believe that the framing of the Constitution has loopholes which do not allow everyone to enjoy the same rights.

References

Manley, John F., Dolbeare, Kenneth M. & Sharpe, (1987). The Case Against the Constitution: From the Antifederalists to the Present. New York: M. E. Sharpe, Inc.

(2006). The Constitution for the United States- Its Sources and Its Application: We the People of the United States. Web.

(2003). United States of America. Web.