AN: These papers and four minute presentations were written for the We The People Constitutional Competition I competed in Senior Year. Reviews are Appreciated. Critique or Comments Accepted.

The Fundamental Characteristics of A Constitutional Government

Question: What are the fundamental characteristics of a constitutional government?

The constitution is recognized through out the world as a standard of conduct for a government. When one is written, it is presumed that the governing powers of the nation will follow the guidelines set by the words of the constitution. It is created to provide a written basis of government, limit what those in power can do, and create systems of accountability. However, such is not always the case. Many times governments will skirt their basic document to create their own rules. Thereby there exist two forms of government in relation to a constitution: the constitutional government and the unconstitutional government. Each has different standards and characteristics of governance. America is a constitutional government. The Constitution of the United States is our Higher Law and has the means of preventing the misuse of governmental power in America. Our Constitution contains provisions that prevent the abuse of power by those in power and are applicable to the citizenry today.

A constitutional government differs from a dictatorship or an autocracy in three main ways: obedience to higher law, a concrete standard of rights, and an accountability system between the people and government and inbred in the government. First, and most important, a constitutional government holds to the constitution as a higher law. The constitution, being either a single document or traditions from “time and memorial,” is the final authority of the government, the Higher Law. Second, there are a concrete standard of rights because there is a Higher Law than the governance. The constitution may be written down, but it doest not need to be, but it does need to list the rights of the citizenry. The governing body only needs to place themselves under the authority of the constitution, which includes the peoples’ rights. Thirdly, a constitutional government allows for accountability both between the people and the government and within the government. The Higher Law concept allows for accountability because there are preset rules as to how violations and infringements of rights are best decided. The preset rules also provide for convicting and punishing those who do not abide by the Higher Law.

To contrast, an autocracy is based on the premise of absolute power and does not provide for the people and accountability is virtually nonexistent. Dictators and oligarchies are able to do as they please without any regard to their citizenry, because there is no absolute law above them. And while the constitution may be written out, there is no standard of following the concept of Higher Law, and there is no guarantee the ruler or rulers will follow the constitution at all. The Founders of America did not leave their posterity with this sort of government.

The Founders, in creating the Constitution, created the Higher Law for the government of the United States of America. In this groundbreaking document were rights of the citizens, the structure of the government, and a system of accountability to the people and within the government. The Bill of Rights provided a basic list of the rights of Americans including the freedom of religion, freedom of speech, and the right to due process of the law. These rights are not to be violated by the government or others and if they are citizens have the right to a trial and to petition for a “redress of grievances.” The people are able to bring infringements and violations to the attention of the government; accountability exists. Elsewhere there are other rights of the people included in the Constitution. In the main articles the “privilege of writ of Habeas Corpus” and trial by jury are mentioned, meaning the authorities must charge a suspect and build a case against them, and the suspect is given the right of having his case heard by those who are like him. The structure of our government as stated in the Constitution is also a provision for preventing the abuse of power. By having three branches of government, the Constitution delegates different tasks to the different branches. Powers occasionally overlap, but not often, so there is less chance of one individual or group controlling the whole government. Each branch is designed to conduct its purpose in conjunction with the other branches of governance. The bureaucracy of the United States is a provision in that all requests, legislation, orders are reviewed and revised several times before they become laws or are thrown out. The inbred accountability for our Constitution is the system of checks and balances the Founders put in place. The Congress can impeach and conduct the impeachment proceedings, the president can veto legislation he deems unconstitutional, and the Supreme Court has the power of judicial review, which can also declare executive orders or legislation unconstitutional. Each of these powers checks another of the branches so that no one branch has all the power.

The application of the Constitution in everyday life is very evident. Almost every day we hear of a case dealing with one of the rights, or a supposed violation of a right, that we have been guaranteed in the Constitution. New laws and cases are continually expanding, shrinking, and defining the Bill of Rights. Writs of Habeas Corpus are handed out everyday as police charge suspects and bring them to trial. The suspects may receive a trial by jury, if they so choose, exercising their right as guaranteed by the Constitution. To see if the checks and balances of government are working, one only needs to know what the president does on a daily basis. Everyday he reviews legislation and decides whether or not to pass it or veto it. And throughout history Congress has overturned the presidential veto to revive the legislation. Impeachment happens as well, though less frequently. The most recent impeachment was the impeachment of President Clinton in 1998. Americans had a front row seat to see just how the Constitution had set up the mid-term removal of elected officials, even though he Clinton was not removed. The Constitution is applicable in many areas of American life, and this is seen in how we conduct ourselves in courts with law and at home where children sometimes blame parents for infringing on their “right” to privacy.

As a constitutional government, the United States of America holds the Constitution as the highest law in the land. The Constitution provides checks and balances and plainly states the rights of United States’ citizens so that there is a set standard for the government of America to follow. By continuing to follow the Higher Law of the Constitution, the United States sets the example for the world as a constitutional government committed to her citizens. She will remain committed to the rights and freedoms of her people throughout the coming years.