Introduction
The birth of the US is marked by a radical shift in history, driven by a passion for freedom and a determination to establish a country founded on freedom and self-governance. This transformative event was driven by an ardent desire for independence from British rule, the creation of a robust constitutional model that would guide the country’s governance, and the steadfast commitment to defending its citizens (McNeese, 2020). By examining these key milestones and critical constitutional ideologies, one can gain a deeper understanding of the foundation on which the American democratic system was built. In addition, it demonstrates the country’s ongoing commitment to protecting and preserving the rights and freedoms inherent to the American identity. The US’s independence, the creation of a strong federal government, and civil liberties have defined its democratic foundations.
Reasons for Declaring Independence
Key factors influenced the American colonies’ decisions to declare independence from England. Firstly, the colonies resented England because it adopted several oppressive policies, such as the Tea Act of 1773 and the Stamp Act of 1765 (McNeese, 2020). These laws imposed a severe financial burden on the colonists without granting them representation in the British Parliament. Non-representation in Parliament indicated that the colonists had no say in the formation of these laws, resulting in a sense of injustice.
Secondly, British policies and laws, such as the Stamp Act and Quartering Act, overstepped the civil rights of the colonists (McNeese, 2020). These measures were viewed as oppressive and without consent, further fueling the desire for independence.
The Enlightenment era promoted objective reasoning, which led to the actualization of individual liberties. Social contact theory originated in the 18th and 19th centuries and helped establish new philosophies that steered equity (McNeese, 2020). The age of realization also emphasized the idea of self-governance and individual liberty, which sparked the rationale of establishing unique leadership forms. The enlightenment phase led to the inclusion of the First Amendment in the US Constitution, which enhanced the development of education and scientific processes (McNeese, 2020). For instance, the revision of the Constitution granted people freedom of speech, assembly, and petition, which promoted independence, as people became aware of when their rights were infringed upon and ways to counter the abuse.
The Change in the Articles of Confederation to the US Constitution
The Articles of Confederation were the documents that represented liberty and provided justice as they cited all human rights provisions. However, the document had various challenges that led to the decision to replace it with the national Constitution (McNeese, 2020). One of the challenges that led to his replacement was the Shays’ rebellion. The group was an armed uprising created in response to the nation’s growing debt versus the government’s focus on the over-taxation of individuals and their businesses.
On the other hand, the group opposed the idea of over-taxation and overborrowing, and they revealed the limitations of the provisions in the article. The group led by Daniel Shays demonstrated the government’s inability to maintain law and order, revealing that a stronger central government is better for accountability, stability, and security (McNeese, 2020). The articles supported a decentralized system, giving the government limited powers to execute orders and coordinate among the states. Therefore, this system hindered the development of systems that serve the entire nation holistically.
Another challenge leading to the endorsement of the Constitution was the inadequate financial policy provisions. The articles lacked integral financial systems, such that Congress lacked the authority to raise funds, enforce taxation, regulate trade, and enforce financial laws, leading to weaker leadership systems (McNeese, 2020). The instability led to the realization that a stronger and unified system would help address the menace, promoting the need for a constitution and a new system of government.
The Birth of Arms of Government
The new Constitution established three branches of government that complemented each other. The legislative branch must make laws and policies that address societal, political, and economic needs (Lu et al., 2019). The legislatures, including the Congress and the House of Representatives, propose, pass, and make laws. The executive comprises the president, judges, and prominent officials who enforce the policies and handle the country’s activities (Meese, 2020).
Supreme Court officials represent the judicial branch, interpreting the law and ensuring its constitutionality (Lu et al., 2019). To ensure that all these branches of government complement each other, the founding fathers of the Constitution devised a system of checks and balances. This strategy entails that each branch of government checks the actions of the others, maintaining equilibrium among all branches.
Within the legislature, the system of checks and balances authorizes the president to veto laws passed by Congress, which can be overruled by a two-thirds majority in both houses. The control applies to the executive branch, whereby the president can appoint judges, negotiate new treaties, and command the military to ensure national sustainability (Lu et al., 2019). The judiciary can declare the actions of the executive unconstitutional to ensure balance. Such interactions help maintain accountability and balance among the arms of government and prevent power abuse. An example of a Supreme Court action was the decision in Marbury v. Madison, which helped give the Supreme Court the power to declare Congress’s actions unconstitutional if they violate the law.
What the Framers of the Constitution Envisioned
The Constitution’s founders fought for its implementation, considering they favored the separation of powers. This strategy allowed every arm of government to serve independently of one another and prevent dominance while protecting the people’s freedom (Marshall, 2018). When the Constitution was established, the separation of powers was to disperse authority over different entities to ensure that any branch could function without the other due to their consolidation (Meese, 2020). However, in the past years, it has become challenging to separate powers between the different arms of government. The changing tactics in politics, policy-making, and judicial decisions bring this issue.
Political differences have contributed to the weakening of the separation of powers. The reason is that the Supreme Court is constantly tasked with making decisions where the executive has more control and power. As stated by Meese (2020), amid political hostility in the Wickard v. Filburn case in the US, the court allowed Congress to control actions that influence interstate commerce in the country, independent of the executive’s views. This doctrine established the relevance of Congress’s power beyond the law-making role and healthcare.
The Bill of Rights: Protection of Individual Freedom
The Bill of Rights includes the Constitution’s first ten amendments and protects the various provisions, including the freedom to worship, expression, and prosecution. These rights help maintain freedom and democracy within society (Lu et al., 2019). Regarding religion, the rights ensure that the government does not interfere with the freedom of worship and religious activities. In the case of Engel v. Vitale, the court gave a verdict in favor of the plaintiff, who claimed that the state had created a prayer for students to recite during the assembly (Marshall, 2018). The court ruled that the government had no business drafting prayers as it violated the Establishment Clause, which prompted the eradication of the influence of government on religion.
Freedom of speech is another integral provision of the Constitution that steers voluntary expression of feelings and thoughts on specific issues. The Mahanoy Area School District v. BL case revealed how the courts ruled in favor of students who expressed their frustrations and disappointment on social media using vulgar language (Herbeck, 2022). The court reinforced the idea that individuals must be accorded the freedom to express their emotions and thoughts freely, and it should not be considered a crime or disruptive to anyone. This rule aligns with the First Amendment laws, which gave the people the power to speak and express themselves in all forms. It should only be considered a crime if they disrupt public peace or occur within restricted jurisdictions, such as in a school environment.
The Bill of Rights enhanced justice by protecting individuals from governmental abuse. The Fourth Amendment of the Bill protects individuals from property seizures, unwarranted searches, and inquiries into probable cause (Logan, 2019). The case of Timbs v. Indiana is among the cases that ensured justice is maintained even for suspected offenders (Logan, 2019). In a case involving Timbs, who was convicted of drug trafficking, his car, worth more than the crime fine, was seized. The court ordered the car’s release as the seizure process violated the excessive fine, which protects citizens against unjust fines.
Conclusion
The journey to independence has been a methodological process involving various amendments and changes that have shaped the country. The injustices that forced the colonies to fight for independence included the oppressive policies and the era of realization. The freedom necessitated changes in the governing systems, including changing the Articles of Confederation to the US Constitution, which steered a centralized government. The bills of rights shaped the system to a more freedom-focused approach that protected the right to expression, worship, and prosecution.
References
Herbeck, D. A. (2022). Tending the nurseries of democracy: Mahanoy Area School District v. BL. and the future of student speech rights. Communication and Democracy, 56(1), 1-27. Web.
Logan, W. A. (2019). Timbs v. Indiana. Federal sentencing reporter, 32(1), 3-7. Web.
Lu, X., Gao, J., & Szymanski, B. K. (2019). The evolution of polarization in the legislative branch of government. Journal of the Royal Society Interface, 16(156). Web.
Marshall, W. P. (2018). The Constitutionality of school prayer: Or why Engel v. Vitale may have had it right all along. Capital University Law Rev., 46, 339. Web.
McNeese, T. (2020). The declaration of independence: The colonies stand on their own. Infobase Holdings, Inc.
Meese, A. J. (2020). Antitrust regulation and the Federal-State balance: Restoring the original design. American University Law Review, 70 (1), 75-166. Web.