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American Federal Government
Question 1
Democracy in America is a kind of representative governance. The form of government
promotes equality of opportunity for all citizens by allowing them to pick representatives and
vote in favor of their rights. Due to the tenets or core beliefs of American democracy, Americans
may work together for the good of everyone and the nation. The fundamental goals and tenets of
American democracy are based on the respect for individual freedom, equality, and the will of
the governed. The Declaration of Independence first stated that everyone is endowed with the
intrinsic rights to the pursuit of happiness, liberty, and life (US History para.2). The Declaration
further emphasized that these rights are to be protected by the government and that the people
have the right to change or overthrow any government that does not uphold these rights.
Every state has a republican form of government under the United States Constitution.
The above type of government works independently and in the best interests of the citizens under
its control. The basic tenants of democracy are upheld under this system of administration,
including the right to vote. The republic is a subdivision operating autonomously within the
framework of American democracy. A Congress is given all permitted legislative authority
(National Archives para.2). The American President is granted executive authority. One highest
court has exclusive jurisdiction. By restricting the authority of any one branch of government,
this system of separation of powers contributes to the protection of individual liberty.
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A system of checks and balances is also included in the Constitution, whereby each
branch of government has specific authority that can be used to restrain the authority of the other
branches. They each have an equal degree of influence over the American government. The
division of powers is connected to the checks and balances system. For instance, the president
has the power to veto laws passed by Congress if they are unpopular. Congress can override the
veto, but it requires a majority vote. It is the means through which competing interests are kept
from wielding excessive legislative authority. Additionally, if the Supreme Court makes an
unpopular decision, the president can issue executive orders and the Congress can introduce
legislation to potentially overturn the decision. Only the Supreme Court has the authority to
conduct a judicial review, which entitles it to determine whether a law is constitutional and to
reverse it.
A provision for the process of amending the Constitution is also included in the
Constitution. The provision enables the Constitution to be amended to accommodate shifting
conditions or to respond to emerging concerns. Using this procedure, the Constitution can
develop over time while still maintaining its essential ideals. More so, the concept of federalism
refers to the idea that states are bodies of power in and of themselves, and that state law is not
superseded by federal law. However, this is not always the case when it comes to individual
rights, which are safeguarded by the federal government against the activities of the states.
Question 2
Numerous cases heard by the Supreme Court have had significant implications for dayto-day living in the United States. The case of Marbury v. Madison (1803) is credited with
establishing the principle of judicial review. It is one of the oldest cases. The approach gave the
Supreme Court the power to make decisions on whether laws passed by Congress or state
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legislatures were following the Constitution (US Courts para.11). It offered an additional
safeguard to ensure that the constitutionally mandated separation of powers was being adhered
to.
Another case that is considered to have had a significant impact on both the legal system
and society was Brown v. Board of Education (1954). It was ruled that public school racial
segregation was unconstitutional in this case. The choice was made based on the "separate but
equal" philosophy, even though it is intrinsically unequal (US Courts para.3). It was essential in
bringing about the stop of legal segregation in America and paved the way for the furtherance of
the Civil Rights Movement.
Roe v. Wade (1973), which established the legal right of a woman to have an abortion, is
another significant case that was determined by the Supreme Court. It decided in favor of Roe v.
Wade and invalidated all previous statutes that had made abortions unlawful throughout the first
trimester of pregnancy (CNN case 7). The judgment, which was founded on the constitutional
right to privacy, has been the topic of ongoing controversy and debate in American society.
Miranda v. Arizona (1966) was the fourth ruling that altered how American citizens
perceived the legal system and law enforcement (1966). It was because of this judgment that the
phrase "You have the right to keep silent; everything you say can and will be held against you in
a court of law" was uttered. It is referred to as the Miranda Warning, and when a law
enforcement official reads it to a suspect, the suspect is said to be "being Mirandized." According
to the judgment, the police are required to recite this to any individual they ask before
interviewing them. It is done to ensure that people are aware of the rights they have in such
circumstances. Ernesto Miranda admitted to committing rape and kidnapping because he was
unaware of his rights (US Courts para.13). He did not realize that he was not required to answer
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the questions asked by the police officers or that he was permitted to have a counsel present
while being questioned by the authorities. The Miranda judgment and the ensuing warning
allowed citizens the opportunity to avoid being coerced or harassed by law enforcement. Before
this ruling, likely, many people were unfairly convicted.
In conclusion, the principles of individual liberty, equality, and the consent of the
governed form the foundation of American democracy. The United States Constitution, which
provides a republican form of government with three different departments of
authority incorporates these concepts. It also provides a system of checks and balances and
protections for individual rights and liberties. Additionally, the Constitution has an amendment
procedure that enables it to be changed while maintaining its core ideas. Similarly, the President
of America’s executive decisions could have a beneficial or detrimental impact on the country's
laws and society.
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Work Cited
CNN. 15 Supreme Court cases that changed America. 2012. Accessed from
https://edition.cnn.com/2012/10/10/justice/landmark-scotus-cases/index.html
National Archives. The Constitution of the United States: A Transcription. (n.d.). Accessed from
https://www.archives.gov/founding-docs/constitution-transcript
US Courts. Supreme Court Landmarks. (n.d.). Accessed from https://www.uscourts.gov/aboutfederal-courts/educational-resources/supreme-court-landmarks
US History. The Declaration of Independence. (n.d.). Accessed from
https://www.ushistory.org/declaration/document/