Introduction
The U.S. Constitution began operating in 1789 with six main goals. The goals of forming a strong union, domestic tranquility, promoting the general welfare, and providing common defense have been perfectly achieved. However, the goals of establishing justice for all and securing liberty for posterity have also been achieved. Constitutional success can be demonstrated through intergovernmental relations, such as the exercise of executive orders. This essay explores the success of the six constitutional goals and the exercise of executive orders in the U.S.
Constitutional Goals’ Achievement
The U.S. is one of the countries that continue to promote democracy, good governance, and justice for all through their constitutions. As a fundamental law, the American Constitution sets forth the federal government’s principal branches while outlining their jurisdictions (Abdullah, 2023). The preamble provides six constitutional goals, and their achievement dictates constitutional success (Siburian, 2022). Although the American government has tried to promote the achievement of the six goals, it has failed in some due to the Americans’ cultural, social, and political differences.
To Form a Strong Union (Grade: A)
One of the major problems that faced the U.S. before the enactment of the Constitution was differences among the various states. In particular, the Articles of Confederation failed to promote unity among the states (Tecimer, 2022). The first goal in the U.S. Constitution preamble was to promote unity among states and allow them to work as one nation. To achieve this goal, the framers created a Congress with equal representation in the Senate and House of Representatives (Siburian, 2022). The country has achieved the goal since there is a balanced power between the federal and state governments. The union can be demonstrated through states’ collaboration when solving national issues and pandemics such as COVID-19.
Establish Equal Justice for All (Grade: C)
The U.S. is one of the most diversified countries with citizens from different social-cultural backgrounds. In respecting the principles of natural justice, the Constitution, through the Bill of Rights, aimed to promote justice for all (Tecimer, 2022). Although the goal has been achieved in some areas, it has somewhat failed. Minority groups in the country, such as African Americans, are subjected to discrimination, including systemic racism (Carlo et al., 2022). For instance, police brutality cases have been on the rise, especially against Black Americans. One such case involved the unfair arrest and treatment of George Floyd (Carlo et al., 2022). Therefore, the U.S. has somewhat failed to achieve the second constitutional goal.
Ensure Domestic Tranquillity (Grade: A)
Peace and unity are crucial factors determining the success of economic, social, and political activities in the U.S. Ensuring domestic tranquillity is the third goal of the U.S. Constitution under its preamble (Tecimer, 2022). The goal involves the maintenance of peace through the collaboration of the various states.
The goal has been achieved through the constitutional powers of the federal and state governments, preventing civil wars and any other situation threatening peace and order. For instance, the formation of the intelligence community, which includes agencies such as the Federal Bureau of Investigations, has helped reduce cases of domestic terrorism (Tecimer, 2022). Domestic tranquillity has been successfully ensured in the U.S. many years after the promulgation of the Constitution.
Provide for the Common Defence (Grade: A)
Given its political and economic stand at the global level, the U.S. may be subject to security threats. Home security is the fourth goal outlined under the preamble of the U.S. Constitution. The goal involves ensuring that any form of insecurity within the U.S. borders is countered (Siburian, 2022). The goal has been achieved through the formation of strict immigration laws, the establishment of the Department of Home Security, and the intelligence agencies. Therefore, terror attacks and unprecedented disasters have received good responses from the state and federal governments. The improved home security in the U.S. promotes economic and social growth.
Promote the General Welfare (Grade: B)
Americans play a central role in the social and economic development of the country. Consequently, their welfare, ranging from health and social activities, is of the essence. Promoting general welfare as a constitutional goal involves the government ensuring that citizens enjoy good fortune, health, and happiness (Davis, 2022).
The goal has been achieved through various statutes and programs. For instance, Social Security, Medicaid, and Medicare programs have been implemented to promote quality and affordable healthcare among Americans (Zivin et al., 2022). However, welfare programs such as Supplemental Security Income have attracted debates on their scope and effectiveness. There is a need to adopt better approaches to achieve the welfare of all Americans in equal measure.
Secure Liberty for Ourselves and Posterity (Grade: B)
Human beings have natural rights, which include freedom of their liberty. The sixth goal under the Constitution preamble is the promotion of liberty for Americans and posterity (Siburian, 2022). The Bill of Rights guarantees essential freedoms, which the judiciary has remained crucial in safeguarding. Many Americans enjoy freedom of expression, among others, without the government’s interference (Davis, 2022).
However, cultural and political differences have made it challenging to enjoy such freedoms (Abdullah, 2023). For instance, African Americans have continually been discriminated against because of their race in the quest for their liberties (Zivin et al., 2022). Although the Constitution promotes liberty for Americans, racism and political intolerance have limited the enjoyment of such rights.
Executive Orders
Although the state governments enjoy autonomy, they are somewhat controlled by the federal government. The involvement of the federal government in the affairs of the states is aimed at ensuring the achievement of the constitutional goals discussed above. Executive orders are official documents through which the U.S. president manages the Federal government operations (Zivin et al., 2022). While most executive orders are given for routine administrative activities, some presidents have utilized them to implement policies and programs of national importance effectively. Executive orders are central to the governance of the federal and state governments in achieving constitutional goals.
Constitutional Basis and Example
Although the U.S. Constitution does not expressly provide for the executive order, it draws its basis from Article II. According to Section 3 of Article II of the Constitution, the President of the United States must ensure that the country’s laws are faithfully executed (Marshall & Prakash, n.d.). The presidential power under the Article has been used to convene the Congress on “extraordinary” occasions (Marshall & Prakash, n.d.). An example of the executive order that the U.S. president made to protect civil liberties was EO 13636. President Barrack Obama made the latter executive order to improve critical infrastructure cybersecurity in the wake of cyber attacks in the U.S. in 2013 (Cramer, 2023). Therefore, constitutional goals can be achieved through executive orders.
Intersection with the Doctrine of Separation of Powers
The doctrine of separation of powers is central to the interactions among the three arms of government in the U.S. Through the doctrine, the three arms of government act as checks and balances. While the president has the authority to make executive orders, some may raise concerns. Therefore, the judiciary and parliament check over controversial executive orders.
At times, the two arms of government quash such orders following the doctrine of separation of powers. For example, in 2014, the U.S. House of Representatives approved the suing of President Barack Obama following his executive order to change key provisions of the Affordable Care Act (Thompson & Gusmano, 2022). The doctrine of separation of powers ensures that executive orders are made in a manner that is consistent with the U.S. Constitution.
Nation’s Legislative Process
The U.S. legislative process involves the processes taken in the formulation of various statutes. Although the process fosters public deliberation to allow citizens to have a say in the policies and legislation that affect their lives, it needs to improve. Political polarization and partisan gridlock are the major weaknesses of the U.S. legislative process (Abdullah, 2023).
The differing interests of the political parties delay the formulation of various legislation, leading to untimely addressing issues of national importance. Additionally, the process is complex and involves bureaucracy, making it difficult for ordinary citizens to understand. The need for improvement in the U.S. legislative process encumbers the achievement of constitutional goals.
Conclusion
The U.S. Constitution is primal in maintaining law and order and respecting Americans’ liberties. The Constitution outlines six goals under its preamble, which must be achieved through various legislative processes. While some goals have been achieved successfully, cultural and political differences harm others. The exercise of separation of powers by the three arms of government ensures that executive orders are made in line with constitutional provisions. Achievement of the constitutional goals has been hindered by the complex and politically polarized legislative process.
References
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