The Constitution

Question 1

The constitutional transformations such as the legislative innovations of president Woodrow

marked the beginning of the shift of legislative power from the Congress to the federal
government or the executive. Since the 1950s, the constitutional checks and balances have
dramatically weakened and in some cases even failed to hold entirely. This was as a result of
federal power that began to expand dramatically, often slipping into constitutional powers rights,
which made Henrys prediction a reality.

Proponents of federalism often justify this shift by claiming that it protects the rights of minority
groups, but unfortunately, federal control has the opposite effect, since it robs the minorities of
local majority rule, displaces strong property rights and leaves them with ineffective rights of
political participation. Protection of the rights of minorities should involve protecting all
minorities not just a select few, which also calls for preservation of local self-rule. As such, the
erosion of public trust in the federal government began to decline in the 1960s as its powers
began to expand rapidly, often encroaching on the rights of the citizens it pledged to defend.

The design of the constitution has had a profound effect on the US politics, economy and welfare
of American citizens which helps increases the trust of Americans in the government since it
allows for greater involvement. Among the merits of federalism that help in creating trust is that
it promotes policy innovation, political participation and also accommodates diversity of
opinion.

The design of the federal government also ensures that the system creates two levels of
government with the capacity to take action in case there are failures to attain the desired policy
goal. The government is still able to ensure policy goals are met according to public expectations
by securing the support of elected representatives at another level, and therefore, individuals,
groups and organizations are encouraged to actively participate and shape public policy.

Question 2

Does anyone require a warning label to know their constitutional rights? No, never. The
constitution is the founding document of America, an operative legal document that acts as the
basis of all laws in the country, and should therefore be respected, and it seems that the publisher
is only making controversial something that is not.

On the other hand, the disclaimer also highlights some important constitutional changes in the
past noting that the country was founded on racism and sexism. As such, if I were a parent, I
would wish to discuss with children how constitutional transformations in terms of gender, race
and sexuality have changed over time and how they might manifest today. To begin with, the
original US constitution was gender neutral and did not recognize the rights of African
American. The first major constitutional change to affect race and womens rights was the
Fourteenth amendment and was designed to overturn previous laws which stated that blacks had
no rights. The primary effect was that all freed slaves and other African Americans received full
citizenship rights. However, the rights of women to vote would were further delayed till the 1920
in which they were accorded this right in the 19th amendment. Today women have most rights as
men, evidenced by the new generation where girls and young women have been brought up
knowing that they can be anything, do anything and if they work hard enough, they can have it
all. Similarly, African Americans are today treated equally as any other American citizen. On the
other hand, after long struggle, the LGBT community today have equal rights and are featured in
the media, television and in public, not as quire characters but as full participants in the society.

Question 3

The constitution grants to each arm of government certain exclusive powers, and these powers
should not be interfered with. However, power not carefully controlled tends to expand.
Sometimes this arrangement is for the greater moral good. Basic freedoms have been guaranteed
by the principles of federalism, which have forced even the courts to uphold rulings that favor
the general public despite federal laws stating otherwise.

With regards to drug policy, it is states that have been pushed into the corner, often pleading with
the federal government not to send police that may interfere in their marijuana legalization. This
is the problem with federalism. It is selective. Although the US congress and the Supreme Court
have enacted laws that prohibit the production and distribution of marijuana, the principles of the
federal ism prevent the federal government from forcing states to comply or actively participate
in enforcing the federal law.

Moreover, while state resources may be helpful in combating illegal use of marijuana, the federal
governments ability to compel states to enact similar criminal prohibitions, and to repeal past
legalization laws or to direct state officers to enforce the federal law is still limited by the Tenth
Amendment. As such, the strengths of federalism in terms of current state of marijuana
legalization are limited. Despite its prohibition by the federal laws, marijuana is today a de facto
legal drag in states such as California, requiring only a couple hundred dollars and a short visit to
become a qualified purchaser.

Question 4

In all the three branches of government today, the judiciary is the least dangerous. This is
because it lacks the power to enforce its rulings or any pulpit to bully the citizens. Its work is to
interpret and enforce the laws as enacted by congress and that makes it less dangerous than the
legislature. The judiciary has only one weapon, integrity, of which it has already given away due
to the numerous corruption cases in the courts.
The constitution grants to each arm of government certain exclusive powers, and these powers
should not be interfered with. However, power not carefully controlled tends to expand
uncontrollably. Today, the presidency through the federal government has become the most
dangerous branch of government due to its expanded powers over the years. The freedom of
Americans is under attack, as federal bureaucracy continues to violate the rights of Americans
without accountability, discriminating against conservatives and damaging the economy with
regulations that destroy American jobs.