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Article II in securing a “More Perfect Union”

"We the People" is popularly recognized by the people of America as the introduction to

some important thing. A number of them link it to Independence Declaration or the address at

Gettysburg. This is the first phrase in the preamble of the American constitution. The preamble

introduces the constitution and has been used to develop the constitution over the years. It

provides the guiding pillars and fundamental aspects of the constitution. It does not give the

federal government any powers, neither does it give it limitations. However, it serves to point out

the source, jurisdiction, and importance of the American constitution. The basis of the

constitution is in the American people, "We the people of the United States," which resounds the

Independence Declaration. The jurisdiction is defined in two ways. First, in forming a complete

union that was in the continuous cooperation in confederation articles. Second, to enjoy

liberation not only in the initial but in all generations in American prosperity (Alder and Gorman,

136).

Article I of the constitution plays the most significant role in accomplishing the goals of

the constitution, as stated in the preamble. Article I is about Congress, the legislative arm of the

federal government. The first section of this article surrenders all legislative duties and

responsibilities to Congress and partitions the Congress in the senate and the house of

representatives. It goes ahead to stipulate how elections shall be done and to state how members
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of each house shall be qualified. A member of the House of Representatives shall be 25 years old

and above must have been United State’s citizen for at least seven years and resides in the states

they wish to represent. Members of the house of the senate should be thirty years and above,

must have been a United States citizen for at least nine years, and be residents of states they wish

to represent.

The eighth section of this article evaluates the financial powers that Congress has. The

legislature is authorized to tax, acquire and pay debts, submit to general welfare and defense,

regulate business within the federal state, and design money. Congress is also in charge of

overseeing the internal affairs of the federal state. It has the mandate of regulating soldiers and

the military, to control internal uprisings, and protect America from invasions. It handles

naturalization, weights' standards, measures, communication and transport, and patents,

governing the federal district and land boundaries by state camps and weapons directly.

In the global context, Congress is responsible for punishing pirates and violations of

national laws, declaring war, and legislation on war. The last clause, which is proper and

necessary, known as the Elastic Clause, puts incidental powers on Congress without delegation

by the article for every single control. The ninth clause states the specific eight limits on the

capabilities of Congress.

The Elastic Clause and Clause of Commerce have in various instances been interpreted

by the supreme court to permit Congress to implement laws that are not accepted by the powers

enumerated or barred in congress limitations. A good example McCulloh v. Maryland (1819),

where the supreme court cited the Elastic Clause for allowing the federal government to act in a

manner that would enable it to carry out the duties given to it in the constitution in ways that

favor the people of America, even if the action performed is not falling under the powers
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enumerated. As Chief Justice Marshall elaborated it, the end was to be legal, within the

constitutional jurisdiction, and all appropriate means, applied to the cessation, not illegal but

consistent with the thematic and spiritual nature of the constitution hence are within the

framework of the constitution (Chemerinsky, 116).

The constitution of the United States of America is the supreme document that is

established and governs all the arms of government. Article II of that constitution is essential in

achieving the perfect union targeted by the constitution's preamble, as has been proved

historically over the years and as portrayed in the jurisdiction and responsibilities assigned to the

institutes established within the article. Congress is vital in proposing and discussing the changes

in the constitution as per the prevailing circumstances and current needs in the American

community.

The constitutions charge Congress to a collective responsibility in enumerated powers

and limits on legislation. These powers subject the Congress to collective lawmaking with the

interest of the general wellbeing of the people served and narrow or individual interests

frustrated. Congress is responsible for making laws that favor the general public and prevent acts

or deeds that perform the interest of a state, a group, or an individual. Section eight of the second

article of the constitution stresses the equal treatment of all citizens and the mandate of Congress

to ensure the generality of laws to all citizens, without the favor of any particular groups. The

first delegated duty of Congress recommunicates the objectives laid in the preamble by allowing

Congress to regulate taxation and legislation on taxation but only in the interest of general

defense and general wellbeing. Congress is also allowed to regulate commerce in achieving

uniformity, equality, and fairness in business activities within the federal state. Congress is also

charged with formulating general and uniform laws on naturalization and bankruptcy, and the
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supreme court prohibits private bills on the same. By coining money and regulating standards,

the senate is responsible for ensuring uniformity and equality within the public community in the

United States of America (Algara, 15).

The powers of Congress uphold generality and uniformity, illegalizing any regulations

that would serve the interest of individuals or groups. The constitution does not specify the laws

that are for the general good but leaves that responsibility to Congress with clear guidelines on

how such rules are to be formulated. The Congress I responsible for political regulation in

achieving uniformity and avoiding service to specific groups or individuals’ interests. In this

spirit, article I of the constitution, which establishes the Congress, is the most crucial article in

achieving a perfect union as stipulated in the preamble.

References:

Algara, Carlos. "The Collective “Congress” On The Ballot? A Voter And Aggregate-Level

Analysis Of Collective Responsibility In Congressional Elections". Congress & The Presidency,

2021, pp. 1-46. Informa UK Limited.

Adler, Mortimer Jerome, and William Gorman. The American Testament. 8th ed., McMillan,

2010, p. 136.

Chemerinsky, Erwin. Constitutional law. 4th ed., Wolters Kluwer law & bus, 2016, p. 116.