Isabella Carter
The US Constitution was designed to limit federal power and prevent tyranny, but the government has a history of failing to uphold it. The Articles of Confederation, the first US constitution, failed due to a weak central government that couldn't collect taxes, lacked enforcement power, and couldn't maintain a unified currency. Today, the government continues to overstep its bounds, with politicians and judges expanding federal power beyond what the Constitution intended. For example, President Trump expressed doubt about his duty to uphold the Constitution, defied Supreme Court orders, and unilaterally abolished statutory requirements, reflecting a disdain for the constitutional system of checks and balances. These actions threaten the rule of law and democratic norms, highlighting the government's failure to uphold the Constitution and protect citizens' rights and liberties.
| Characteristics | Values |
|---|---|
| Disdain for the constitutional system | Separation of powers, checks and balances, enumeration of powers |
| Usurping congressional powers | Lawmaking, appropriations, appointments |
| Abolishing statutory requirements | N/A |
| Defying Supreme Court orders | Due process |
| Disparaging the free press, universities, and other bodies committed to free and independent thought | N/A |
| Ignorance of the oath of office | To "preserve, protect and defend the Constitution" |
| Audacious reconstruction of the Constitution | Plebiscitary presidency |
| Illegitimate expansion of federal power | N/A |
| Failure to enforce limits on federal power | N/A |
| Violation of the Take Care Clause | Requiring the president to "faithfully execute the laws" |
| Violation of Article VI | Declares the Constitution as "the supreme Law of the Land" |
| Inability to collect taxes | N/A |
| Inability to conduct foreign policy | N/A |
| Lack of a common currency | N/A |
| Failure to settle Revolutionary War-era debts | N/A |
| Resistance to the plain meaning of laws | N/A |
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What You'll Learn
Ignoring constitutional limitations
The US Constitution was designed to limit federal power, but the government has increasingly ignored these limitations, leading to a rise in authoritarianism. The government has allowed politicians and judges to obliterate constitutional limits, resulting in an expansive tax code, burdensome regulations, and a national debt exceeding $16 trillion.
The Founding Fathers understood the dangers of both weak and powerful centralized governments, aiming to create a balanced system with limited national functions. However, the government has gradually increased federal power beyond its intended scope.
President Trump's actions reflect a disdain for constitutional limitations. He has usurped congressional powers, unilaterally abolished statutory requirements, and defied US Supreme Court orders regarding due process for immigrants. Trump's concept of a plebiscitary presidency assumes that democracy is enhanced by concentrating power in the White House, unbound by constitutional restraints.
Trump's indifference to constitutional limitations is evident in his response to questions about upholding the Constitution, stating, "I don't know." His administration's use of the Alien Enemies Act to deport alleged gang members without due process further demonstrates their disregard for constitutional rights.
The government's failure to uphold constitutional limitations has led to an expansion of federal power and a drift towards authoritarianism, contrary to the intentions of the Founding Fathers.
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Authoritarianism
Authoritarian regimes can make surprising constitutional choices. Some adopt sham constitutions packed with rights guarantees that they do not uphold, while others adopt brutally candid constitutions that limit or omit basic rights. For example, the Soviet Russia Constitution of 1918 was described by Vladimir Lenin as a "revolutionary" document, unlike any constitution drafted by a nation-state.
The global spread of authoritarianism is a growing concern. The success of the Beijing Consensus, or the authoritarian model of the People's Republic of China, has contributed to this trend. In the United States, hundreds of scholars argue that the country is moving away from liberal democracy and towards competitive authoritarianism. They point to former President Donald Trump's attempts to expand executive power and erode the system of checks and balances as evidence of this shift.
To counter this trend, it is crucial to protect democracy at its source, the ballot box, and safeguard open debate and healthy political disagreement.
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Lack of accountability and transparency
Transparency and accountability are essential for maintaining public trust and ensuring that government actions reflect the will of the people. However, a lack of transparency and accountability in government can lead to abuses of power and a breakdown of democratic principles.
One example of a lack of transparency and accountability is the classification of information and the reliance on secret law by government agencies. While some secrecy is necessary for national security, excessive secrecy can undermine democratic self-government. For instance, the Bush administration's counterterrorism policies after 9/11 were developed behind closed doors, and the Obama administration continued to shroud the executive branch's counterterrorism work in secrecy. The Department of Homeland Security has also been criticized for its lack of transparency and the risk of political targeting and abuses.
In another instance, the United States government initiated the Open Police Data Initiative in 2015 to address high levels of distrust and tension between police and the public. The initiative encourages local police jurisdictions to proactively extract and publish policing data, making it sharable and reusable. This enables informed debate, better decision-making, and the development of innovative new services. However, there is still a lack of transparent and comparable police data, which inhibits the ability to fully understand and address problematic police practices.
To promote transparency and accountability, governments should increase opportunities for public participation in policymaking and collaboration with citizens. Executive departments and agencies should harness new technologies to put information about their operations and decisions online and readily available to the public. Additionally, legislation can be created and passed to ensure long-lasting open government reforms.
In conclusion, a lack of transparency and accountability in government can lead to abuses of power and a breakdown of trust between government and citizens. By increasing transparency and accountability, governments can better serve their citizens and uphold democratic principles.
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Inability to collect taxes
The inability to collect taxes can be a significant challenge for any government, and it can have far-reaching consequences for the economy and society. While the Constitution grants Congress the power to levy and collect taxes, there have been historical instances where this power has been limited or constrained.
One notable example is the period under the Articles of Confederation, which established the Congress of the United States. During this time, the power to tax was constrained by the requirement of a unanimous vote from all states, which often led to a veto by dissenting states. This inability to effectively collect taxes contributed to the convening of the Constitutional Convention in 1787, which resulted in the creation of the Constitution.
Even after the establishment of the Constitution, there have been challenges to the government's ability to collect taxes. For instance, in 1894, Congress enacted a 2% tax on income over $4,000, which was struck down by the Supreme Court. This highlighted the tension between the government's need to raise revenue and the constitutional limitations on its taxing power.
The 16th Amendment, ratified in 1913, addressed this issue by establishing Congress's explicit right to impose a federal income tax. This amendment ensured that the government could levy and collect taxes on incomes, without apportionment among the states. However, even with this amendment, there have been ongoing debates and legal challenges regarding the interpretation and implementation of tax laws, with some arguing that the collection of federal income taxes constitutes a "taking" of property without due process, in violation of the Fifth Amendment.
The government's ability to collect taxes is crucial for maintaining fiscal stability and fulfilling its obligations to its citizens. While the Constitution provides a framework for taxation, the specific policies and their implementation can be complex and controversial. A balanced approach that considers the needs of the government and the rights of citizens is essential to uphold the Constitution's principles while ensuring a stable source of revenue for the nation.
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Failure to protect individual rights
The US Constitution is founded on the principle of protecting individual rights and liberties. However, the government has, at times, failed to uphold these rights, leading to a erosion of freedoms and the rise of authoritarianism.
The original text of the Constitution contained few provisions explicitly protecting individual rights. This was due to the belief that the federal government would have limited powers and could not violate individual rights. However, over time, politicians and judges have expanded federal power beyond its intended scope, infringing on the rights guaranteed by the Constitution.
One example is the expansion of federal regulations, which now encompass over 163,000 pages, burdening Americans with high compliance costs and restrictive rules that govern almost every aspect of life. The government has also accumulated a national debt of over $16 trillion, partly due to unconstitutional social welfare spending. This excessive spending goes beyond the limited national functions the federal government was intended to perform, infringing on individual rights and economic liberty.
The Supreme Court has also played a role in this failure to protect individual rights. Early interpretations of the Fourteenth Amendment's Due Process Clause limited its ability to protect individual rights against state governments. While the Clause has since been interpreted to "incorporate" many of the individual protections of the Bill of Rights against the states, not all rights have been incorporated, leaving some vulnerable to state infringement.
Additionally, the right to privacy, though not explicitly guaranteed in the Constitution, has been inferred from the "penumbras" of other rights. The Court has used this theory to protect various liberties, including the right of interracial couples to marry, the right to abortion, and the right of same-sex couples to marry. However, these rights remain vulnerable to future judicial interpretation and political shifts.
Furthermore, the presidency of Donald Trump reflected a disregard for constitutional limitations. Trump's actions, such as usurping congressional powers and defying Supreme Court orders, indicated a move towards a plebiscitary presidency, where power is concentrated in the executive, unchecked by constitutional restraints. This shift undermines the system of separation of powers and checks and balances intended by the Constitution's framers.
To uphold the Constitution and protect individual rights, it is essential to recognize and address these failures. This includes enforcing limits on federal power, respecting state rights, and ensuring that the executive branch remains accountable to constitutional constraints.
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Frequently asked questions
The US government has failed to uphold the constitution by allowing politicians and judges to expand federal power beyond the limits set by the constitution. This has resulted in an extensive tax code, burdensome regulations, and a large national debt. Additionally, the government has failed to secure natural rights and protect individuals from tyranny, as intended by the constitution.
One example is the Trump administration's use of the 1798 Alien Enemies Act to deport alleged members of a Venezuelan gang without due process. The administration has also defied Supreme Court orders and failed to uphold the constitutional rights of immigrants.
The consequences include the erosion of democratic norms and the rule of law, the concentration of power in the executive branch, and the loss of individual liberties.
To uphold the constitution, citizens must demand accountability from their elected representatives and resist any attempts to consolidate power in the executive branch. It is also important to enforce the limits on federal power outlined in the constitution.
