8.2.6

Enumerate the powers of government set forth in the Constitution and the fundamental liberties ensured by the Bill of Rights.
 

             Numbers of powers that the United States government has is extremely overwhelming, making our government seem many times stronger than it really is. However, there is the Bill of Rights to shield our people. Powers are also separated into three branches, which are the Executive branch, Legislative branch, and the Judicial Branch. Powers of the Executive branch mainly protect our country and execute laws made by the Legislative branch including, proposing laws, rejecting laws, calling special sessions of congress, making appointments to federal posts, negotiating foreign treaties, appointing federal judges, granting pardons, choosing officials, heading the military, receiving diplomats, and asking diplomats to return to their country. Our legislative branch includes powers such as, overriding presidential rejections, ratifying treaties, declaring war, appropriating money, impeaching or removing presidents, creating federal courts, impeaching judges, proposing amendments over judicial decisions, borrowing money, taxing, punishing counterfeiters, establishing post offices, passing copyright laws, protecting ships, establishing armed forces and maintaining it. Our legislative branch’s main purpose, however, is to establish laws for the country. Interpreting the laws that Congress make is the job of the judicial branch. They have the power to declare acts of either branch unconstitutional, judicial review, defining treason and determining punishment for these felonies. Every branch seems to have overwhelming power however the “Bill of Rights” protect us from injustice that may occur. Every right supports fundamental liberties, or natural rights. Amendment 1 ensures freedom of religion speech press and assembly. The first section, religion explains that the legislative branch is denied the power to force people into believing god allowing them to practice at their own will. The second and third section, speech ensures that everyone is allowed to speak, at their own free will. However there are restrictions upon this matter. The final section, assembly allows the people to gather where they please meaning groups can gather at a park or club. However, clubs must be secluded and strikes must be reported to the city to prevent serious traffic. The second amendment allows states to have their own militias and individuals may protect their homes with their own devices. The third amendment protects the people from having to quarter troops in time of peace or war. Ensuring people’s privacy is what Amendment four does. Police must have a warrant to actually search people’s houses. The Fifth Amendment ensures the rights of the accused, guaranteeing them a due process of law, a reading of their rights and if they are not accused guilty they can’t be tried again. Amendment six guarantees that a person can’t be held in jail without having a trial and amendment 7 ensures the right to trial by jury. The punishment must fit the crime such as “the glove must fit the hand.” This is what amendment 8 states. Amendment 9 states that all powers not in the constitution are for the people and Amendment 10 protects the states from the federal government.  Everything in the United States Government balances out so that the federal government, states government and the people can coexist peacefully.


More Information:

   1.    http://bensguide.gpo.gov/6-8/index.html
          Ben’s guide gives an in-depth study that lets you understand the branches of the government, their powers, and checks.

   2.    http://www.ask.com/main/metaAnswer.asp?t=ai&s=a&MetaEngine=directhit&en=te&eo=2&o=0&frames=True&url=http%3A%2F%2Ffaculty%2Encwc%2Eedu%2Ftoconnor%2F410%2Fbillofrights%2Ehtm&ac=22&adcat=news&pt=Short+Annotation+of+Bill+of+Rights&dm=http%3A%2F%2Ffaculty%2Encwc%252
          This site is a comprehendible annotation of each amendment that thoroughly explains each clause of every amendment.


Recommended Books:

   1.    The President, The Congress and the Constitution
          by Richard M. Pious

   2.    The Root of Republican Government²: Terms of Office in the Legislative Branch
          by the Jefferson Foundation

   3.    Declaring Rights: A Brief History with Documents
          by J.N. Rakove

   4.    Charters of Freedom: Declaration of Independence, The Constitution and The Bill of Rights
          Anonymous