The constitution of any nation forms one of the core components of the government of the concerned nation and in a way decides the kind of government which that particular nation is going to follow (Campbell & Goldsworthy, 2017). The same concept hold true for the nation United States of America as well. The constitution of USA clearly indicates the kind of government which the nation is to follow and it can even be said that it lends a great deal of stability to the democratic system of governance which the nation follows (Campbell & Goldsworthy, 2017). The democratic system of government is not only one of the largest ones of the world but at the same time one of the earliest ones of the world (Roberts & Odd, 2013). The founding fathers of the nation had certainly in mind the then popular dictum of “liberty, equality and fraternity” which was much popularized by the French Revolution of 1789 (Roberts & Odd, 2013). It is a reflection of this particular fact that even in the 21st century the Constitution as well as the various amendments passed by the government of the nation are being molded as per these three concepts. Furthermore, another unique feature of the Constitution of the nation is the “Bill of Rights” which the founding fathers of the Constitution introduced with the objective to provide the people of the nation with the kind of opportunities that were likely to help them to lead their lives to the its full potential (Rabkin, 2018). The Constitution of the nation as well as the “Bill of Rights” which forms an integral part of the Constitution of the nation hold significance even in the present times. This essay will argue the fact that the American Constitution and the “Bill of Rights” hold significance even in the present times.
The American Constitution was designed by the founding fathers of the nation keeping in view the various precepts of the concept of democracy (Rabkin, 2018). This can be seen as a reflection of the fact that the American nation was under the yoke of British colonialism for a very long time and thus the founding fathers of the nation decided to give the power of the nation to its citizens (Redish, 2017). The American government, thus, is based on the concept of “for the people, by the people and of the people” (Redish, 2017). The most important aspect of this particular type of government is the fact that the people of the nation get to choose their representatives who governs the nation on their behalf (Reynolds, 2009). It is significant to note that although the American Constitution has undergone several amendments since its introduction yet the Constitution of the nation has managed to retain this basic essence. All these factors have contributed in a significant manner to make the American Constitution one of the torch bearers of the democratic system of governance.
The American Constitution, although, one of the oldest as well as stable ones of the world has received a considerable amount of criticism from various cauldrons (Campbell & Goldsworthy, 2017). For example, Charles Beard in his famous work “An Economic Interpretation of the Constitution” has argued that the American Constitution was designed with the objective to protect as well as safeguard the interests of the rich people of the nation (Howard, 1995). He furthermore, argued that the rich people formed only a small portion of the nation and the founding fathers of the nation by focusing only on safeguarding the interests of the rich people of the nation deprived the other people of the nation of their most basic rights (Howard, 1995). In addition to this, Robert E. Brown in his critically acclaimed work “Charles Beard and the Constitution” argues the fact that the major focus of the founding fathers of the nation was on safeguarding the interests of the property owners of the nation (Howard, 1995). It is interesting to note that at the time when the American Constitution was drafted a considerable section of the population of the nation were property owners. Moreover, the author Zinn (1995) propounds that it is true that the major area of focus of the American Constitution was to safeguard the rights of the rich section of the population however at the same time it must be noted that the Constitution at the same time had ample scope for the other people who formed the major part of the nation like the small as well as the medium sized property holders. Thus, the point made by Brown and also the works of other scholars point to the fact that the American Constitution did not focused on the interests of a few people of the nation rather it aimed to cater to the needs as well as the requirements of the majority of the people of the nation.
One of the most important aspects of the American Constitution and the one which lends a considerable amount of stability to it are the “Bill of Rights” (Campbell & Goldsworthy, 2017). Briefly, the “Bill of Rights” can be defined as the first ten amendments which were made to the Constitution of the nation. Many experts are also of the viewpoint that the “Bill of Rights” intended to provide a clear overview to the people of the nation about their legal as well as civil rights (Campbell & Goldsworthy, 2017). Effective knowledge about these rights is essential so that the individuals can not only lead their lives as per the various precepts of the Constitution but at the same time fully utilize the opportunities and the benefits provided by the Constitution of the nation (Sheldon, 2018). In other words, the “Bill of Rights”, provided the window to the people of the United States of America wherein they could maximize the potentials of the opportunities as well as the benefits which are being provided to them by the Constitution (Sheldon, 2018). Furthermore, many experts are of the viewpoint that each of the ten amendments which form an essential part of the “Bill of Rights” were made taking into effective consideration the needs as well as the requirements of the people of the nation and was in synchronization with the changing times (Mikhail, 2015). Therefore, it would be apt to say that the “Bill of Rights” not only forms an essential part of the American Constitution but at the same time is one of the primary reasons for the relevancy as well as the significance which the American Constitution holds even after more than 200 years of its composition.
Experts are of the viewpoint that another significance factor which has contributed much not only towards the stability of the Constitution but also towards the current relevance as well as significance which the American Constitution within the framework of the contemporary is the concept of “Due Process” (Schweikart & Allen, 2004). The primary idea behind the incorporation of this particular concept within the framework of the American Constitution was to safeguard the interests of the people of the nation and at the same time to reduce the amount of corruption as well as various kinds of malpractices within the nation (Schweikart & Allen, 2004). The “Due Process” provided the right to the people of the nation to protest against the malpractices as well as unlawful activities of the government of the nation in a constitutional manner (Schweikart & Allen, 2004). Thus, it would be appropriate to say that this particular construct of the Constitution of the nation has contributed in a significant manner to reduce the amount of corruption as well as the malpractices of the government of the nation while safeguarding the interests and the rights of the common people of the nation.
To conclude, the democratic system of government followed by the nation of the United States of America was designed with the objective to provide the people of the nation with the majority of power within the framework of the nation. The American Constitution, thus, incorporates within itself the various precepts as well as the dictums of democracy. Furthermore, the American Constitution was designed keeping in view the needs as well as the requirements of the people of the nation and this is one of the primary reasons why the Constitution of the nation is not only one of the most stable ones even in the 21st century and is relevant even in the present times. Furthermore, the “Bill of Rights”, the “Due Process” and other important constructs of the Constitution of the nation has also contributed in a significant manner towards the stability as well as the relevance of the American Constitution. It is significant to note that arguments have been made as regards the fact that the American Constitution takes into consideration only the interests of the rich people of the nation as well as the property owners but when a close analysis of the same is undertaken it reveals the fact that the Constitution was designed with the objective to provide maximum benefit to the maximum number of people.
References:
Campbell, T. D., & Goldsworthy, J. (2017). Judicial power, democracy and legal positivism. Routledge.
Howard, Z. (1995). A people’s history of the United States 1492–Present. Harper Perennial pp. 89, 96-97, and 98-99.
John P. Kaminski, “Constitution”, in Paul S. Boyer (ed.) (2001). The Oxford Companion to United States History. Oxford University Press, p. 158.
Mikhail, J. (2015). The Constitution and the Philosophy of Language: Entailment, Implicature, and Implied Powers. Virginia Law Review, 1063-1103.
Rabkin, J. (2018). International Law versus the American Constitution. In The National Interest on International Law and Order (pp. 16-30). Routledge.
Redish, M. H. (2017). Judicial Independence and the American Constitution: A Democratic Paradox. Stanford University Press.
Reynolds, D. (2009). America, empire of liberty: A new history of the United States. Basic Books (AZ). pp. 65-66.
Roberts, J & Odd A. (2013). The History of the World. Oxford University Press, pp. 731-32.
Schweikart, L., & Allen, M. P. (2004). A patriot’s history of the United States: From Columbus’s great discovery to the war on terror. Penguin.
Sheldon, C. H. (2018). Essentials of the American constitution. Routledge.
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