Eleanor Finch
Defending the Constitution is a critical aspect of democratic governance, and it requires active participation from both political leaders and citizens. The Constitution serves as the foundation of a nation's principles and outlines the powers of Congress, including their law-making responsibilities and the checks and balances between the three branches of government. When faced with constitutional challenges, such as infringements on amendments or the delegation of powers to the executive branch, it is essential to uphold the rule of law and protect citizens' rights. This defence of the Constitution extends beyond the Supreme Court, as every branch of government shares the responsibility to counterbalance any deviations and ensure laws are constitutionally justified.
| Characteristics | Values |
|---|---|
| The U.S. House of Representatives connects ordinary citizens to federal power | Upholding the rule of law, way of life, and democracy |
| Civil Society Field Hearings | Strengthening democratic participation |
| Congress | Holding the executive branch accountable |
| The First Amendment | Redressing grievances and assembling peacefully |
| The Constitution | Preventing unconstitutional delegation of powers |
| Protecting against executive overreach |
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What You'll Learn
Uphold the rule of law and democratic governance
Upholding the rule of law and democratic governance is essential for a stable and just society. The rule of law refers to a system where all entities, including the government, are bound by the law. It is a nearly universal value, recognised by the United Nations General Assembly as one of its core principles, along with human rights and democracy.
To uphold the rule of law, it is crucial to establish checks and balances between the different branches of government. In the context of the US Constitution, Congress plays a pivotal role in this regard. Firstly, Congress must ensure that any laws passed fall within the authorities listed in the Constitution and refrain from unconstitutionally delegating its powers to the executive branch. Additionally, Congress should actively counterbalance the Supreme Court and the President when they deviate from constitutional principles. This includes holding the executive branch accountable for any unlawful actions, such as flouting laws or manipulating funds without congressional authorisation.
Furthermore, upholding the rule of law entails promoting democratic participation and representation. Civil Society Field Hearings, hosted by Congress, serve as a platform for citizen engagement and the incorporation of local voices into lawmaking processes. These hearings provide a mechanism for citizens to exercise their right to petition and assemble peacefully, as protected by the First Amendment. By valuing shared knowledge and lived experiences, these hearings contribute to evidence-based lawmaking that reflects the interests and needs of a diverse range of citizens.
On a global scale, organisations like International Bridges to Justice (IBJ) play a crucial role in strengthening the rule of law and democracy. IBJ promotes early access to the accused, collaborates with governments to create best-practice legislation, raises awareness about basic rights, and trains effective legal defenders. Their work underscores the interconnectedness of the rule of law and democracy, fostering their development worldwide.
In conclusion, upholding the rule of law and democratic governance requires a commitment to accountability, citizen engagement, and the protection of fundamental rights. Through the establishment of checks and balances, the promotion of democratic participation, and the support of global initiatives, we can strengthen the rule of law and reinforce the foundations of democratic societies.
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Protect citizens' rights to petition and assemble
The right to assemble and petition is a fundamental aspect of democratic governance and is enshrined in the First Amendment. It protects citizens' rights to gather and associate with each other, engage in expressive activities, and communicate directly with their representatives. This right is not limited to physical spaces, as social media platforms can also be considered public forums if used for official government business, as seen in the Knight First Amendment Institute v. Trump case.
The right to assemble and petition is not absolute and must be balanced with valid governmental interests, such as maintaining public order and safety. However, any restrictions on these rights are carefully scrutinized to ensure they do not infringe on citizens' freedoms. The interpretation of the right to assemble and petition has evolved over time, with the Supreme Court expanding the Assembly Clause in 1958 to cover more modern forms of democratic collective action.
Civil Society Field Hearings play a crucial role in strengthening democratic participation and providing a platform for local voices to be heard. They allow citizens to share their knowledge and lived experiences, informing decision-making and shaping institutional memory. This aligns with the Founders' intention to connect ordinary citizens to federal power through the House of Representatives and ensure a receptive government.
To defend citizens' rights to petition and assemble in a debate, one can emphasize the importance of these rights in upholding democratic values and ensuring citizen engagement. It is essential to highlight historical contexts, such as the inclusion of the right to petition in the Magna Carta and the Bill of Rights Framers' intentions. Additionally, referencing court cases and legal precedents, such as Knight First Amendment Institute v. Trump and De Jonge v., can provide strong support for protecting these rights.
Furthermore, it is crucial to address the role of Congress in upholding the Constitution. As Congressman Warren Davidson stated, every branch of government has a responsibility to defend it. Congress must hold the executive branch accountable and ensure that laws passed do not infringe on citizens' rights to assemble and petition. By affirming and strengthening democratic institutions, citizens can actively protect their rights and uphold the principles of the Constitution.
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Maintain checks and balances between government branches
The US Constitution divides the government into three branches: the legislative, executive, and judicial. Each branch has specific powers and is subject to checks and balances by the others, preventing any one branch from accumulating too much power.
The legislative branch makes laws, but the executive branch, led by the President, can veto those laws. The legislative branch can, in turn, override the President's veto with a two-thirds majority vote in both the House of Representatives and the Senate. The judicial branch can also declare laws made by the legislative branch unconstitutional.
The executive branch can issue Executive Orders with the force of law, but the judicial branch can declare these acts unconstitutional. While the President nominates judges, it is the legislative branch's Senate that confirms these nominations, and Congress can impeach and remove judges from office.
Congress, as the legislative branch, is considered the closest to the people and acts as a check on the executive branch. It can also check the decisions of the Supreme Court by passing amendments to the Constitution, although this requires a two-thirds majority vote or ratification by three-fourths of state legislatures.
The system of checks and balances is designed to prevent tyranny and ensure that the government remains accountable to the people. It is based on philosophical and historical principles, including the idea of separated powers advocated by Aristotle, Polybius, and Montesquieu, among others. James Madison, in the Federalist Papers, wrote of the necessity for checks and balances: "You must first enable the government to control the governed; and in the next place, oblige it to control itself."
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Prevent unconstitutional delegation of congressional powers
The nondelegation doctrine is a key principle in preventing the unconstitutional delegation of congressional powers. This doctrine holds that Congress, being vested with "all legislative powers" by Article One, Section 1 of the United States Constitution, cannot delegate that power to anyone else. In other words, it prohibits Congress from delegating its legislative powers or law-making abilities to other entities, typically administrative agencies or private organizations.
The Supreme Court has played a significant role in interpreting and applying the nondelegation doctrine. In J.W. Hampton v. United States (1928), the Court clarified that when Congress gives an agency regulatory power, it must provide an "intelligible principle" to guide the agency's actions. This standard is quite lenient and rarely used to overturn legislation. However, in A.L.A. Schechter Poultry Corp. v. United States (1935), the Court reaffirmed the nondelegation doctrine, stating that "Congress is not permitted to abdicate or transfer essential legislative functions to others."
Despite the nondelegation doctrine, Congress has, at times, delegated its powers to the executive branch or administrative agencies. The Court has upheld such delegations in certain cases, provided there is a clear statutory authorization and an intelligible principle guiding the delegation. For example, in Field v. Clark, the Court upheld the Tariff Act of 1890, which directed the President to suspend the free importation of certain commodities under specific conditions.
However, the Court has also ruled against unconstitutional delegations. In Panama Refining Co. v. Ryan (1935), the Court found that a statute authorizing the President to prohibit the shipment of "hot oil" was unconstitutional because it did not provide guidance on when and under what circumstances the President should exercise this power. This case highlighted the importance of clear boundaries and principles in delegations of power.
In more recent times, the nondelegation doctrine has faced challenges with an increasingly complex society and evolving issues. The 2019 case of Gundy v. United States brought the issue to the forefront again, with the Court split on how deferential it should be regarding congressional delegations. This case and others like it emphasize the ongoing debate and the need to balance practical considerations with the maintenance of the separation of powers, a core principle of the Constitution.
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Ensure laws are constitutionally justified
Ensuring laws are constitutionally justified is a key aspect of defending the Constitution. This responsibility extends beyond the Supreme Court; every branch of government, including Congress, must uphold the Constitution and counterbalance the other branches when necessary.
Congress, as the heart of Article One of the U.S. Constitution, plays a crucial role in ensuring laws are constitutionally justified. It must not exceed the authorities listed in the Constitution or delegate its powers to the executive branch. For example, Congress must not pass laws that infringe on the First, Second, or Fourth Amendments, as has been seen in recent times.
To defend the Constitution in a debate, one could argue that Congress should be held accountable for its actions and that it must not exceed its enumerated powers. This argument emphasizes the importance of maintaining checks and balances between the three branches of government, as outlined in Article One, Section 8.
Additionally, it is important to recognize the role of citizens in defending the Constitution. Citizens have the right to petition to redress grievances and assemble peacefully, as guaranteed by the First Amendment. By actively exercising these rights, citizens can hold their political leaders accountable and ensure that laws are constitutionally justified.
In conclusion, defending the Constitution requires a collective effort from all branches of government and citizens alike. By upholding the principles of checks and balances, and actively engaging in the democratic process, we can ensure that laws are constitutionally justified and protect the foundations of our democracy.
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