Free «Opinion Essay: Constitutional Law» UK Essay Paper
The constitution of a nation is the supreme law in that country; for instance, The United States’ Constitution is the supreme law in the land. It spells out the frame of the national government’s operation in its articles. The Constitution is usually interpreted and implemented by constitutional law, which also supplements it. The first Constitution in the United States came into force in 1789. Since then, various amendments were included in a bid to make it better. The first ten amendments which were concerned with the Bill of Rights focused on ensuring the balance of power between the government and the people as well as safeguarding justice and liberty of individuals. However, concerns have been raised over the years regarding the structuring of the Constitution. Writers of the Constitution have made it difficult for it to operate. Although they were expected to express the Constitution in the simplest way, it remained complicated to the citizens thus making it hard for the Constitution to operate.
Why Constitution Writers Made It Difficult to Operate
Skousen notes that the authors of the Constitution were guided by the desire to make the Constitution relevant beyond their lifetime (32). As such, they made it difficult to operate; thus it requies the involvement of the Judiciary to see how the Constitution is interpreted and upheld. Chemerinsky emphasizes that although the writers of the Constitution may have been guided by a good intention, it has become difficult for the supreme law to operate over the years (17). It can be explained by the changes in the country that come with time, which makes it difficult to adapt the Constitution to the alterations; yet the citizens do not understand it fully to push for changes.
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It should be noted, however, that the writers of the Constitution were fully aware that changes were bound to happen. Therefore, they wanted to ensure that specific groups in the future generations would not make changes that would favor them at the expense of disadvantaged groups. According to Graham, the writers of the Constitution mainly targeted the political class which, if given all the powers to operate the Constitution, may take unreasonable or arbitrary actions (34). They also recognized that the government is always made up of the majority, who could enact laws that would give them advantage over the political minorities. Therefore, making the Constitution difficult to operate enables the courts to address such issues. By playing the role of the legal check, the courts prevent encroachment by selfish individuals and groups. Therefore, the writers of the Constitution wanted to ensure that tthe Constitution is preserved.
My Personal Experience with the Constitution
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Basing on my experience with the government, I am of the opinion that it is running smoothly. The fact that the Constitution is hard to operate makes it hard for the political class and the public to push for changes. This has made it possible for the nation to maintain the constitutional structure that ensures that there are checks and balances. The Constitution of the nation has put in place an electoral system that has not vested too much power on the majority. In the face of democracy, the Electoral College ensures that the power of the majority is kept in check.
Negretto argues that although making the Constitution difficult to operate has done a lot in ensuring that there is sanity in its implementation, there is still a room for improvement (83). First, there is a need to enlighten the citizens about the Constitution including how it operates. By so doing, the citizens will know how to create ways that would make its operation much easier. Above all, the roles of the political class, the judiciary, and the citizens should be clear. This will go a long way to minimize confusion. In addition, this will also ensure that the judiciary is not given too much power as far as the protection of the Constitution is concerned.
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