The Power of the US Constitution: Sovereignty and Fundamental Rights - Essay Sample

Introduction

Kay acknowledged the United States Constitution as one of the most important legal documents in the country (243). The country's constitution serves as its supreme law and the source of all government authority and powers, which provides significant limitations on the government that plays a vital role in the protection of the fundamental rights of every American citizen. The constitution of the United States derives its power from the sovereignty of its people, as stipulated by its framers and the consent given by various legislatures in the country (Ewald 901). This constitution has a total of seven articles that address different areas crucial to the attainment of democracy and the promotion of peace and sustainability in the country. Article Two is one of the essential parts of this constitution as it establishes the executive arm of the United States federal government and identifies the enforcement of the federal laws as part of its vital roles in the country (Murrill 2). This paper provides a comprehensive discussion of Article Two of the United States Constitution by identifying the individuals who wrote it and their target audience, what it contained, its importance to the history of the country, and how it served as a reflection of the time of its authorship.

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Identifying the People Who Wrote Article Two of the Constitution

Goldsworthy ascertained that identifying the people who wrote the United States constitution and their target audience is crucial in understanding their long-term goals and objectives (349). The authorship of Article two of the United States Constitution and the entire document took place after the historical constitutional convention of 1787. Delegates from approximately twelve states were present at the conference that took place in the ancient Pennsylvania State House in Philadelphia, currently referred to as the Independence Hall (Ewald 903). For example, George Washington, who also doubled as the president of the United States from 1789 to 1797, played a vital role in presiding over the convention. James Madison, a former American diplomat, lawyer, and philosopher, took over the task of drafting the document that later became the country's constitution after the Constitutional Convention that lasted from May 25 to September 17, 1787 (Murrill 4). Many historians refer to the members of this delegation as the founding fathers of the United States.

According to Kay, some founding fathers made vital contributions to the drafting and ratification of the constitution despite their absence at the Philadelphia Convention (244). For instance, Thomas Jefferson, the author of the Declaration of Independence, could not attend the convention because he was serving as the United States ambassador to France at the time of its authorship. However, Jefferson kept abreast of the legal proceeding in Philadelphia by corresponding with its principal author, James Madison (Ewald 906). John Adams, who served as the United States ambassador to Great Britain, also made his unique contribution by advising the drafters of the constitution. Thomas Paine, a former English-born activist, and philosopher wrote the highly influential booklet "Common Sense," which remarkably impacted the ideas contained in the Declaration of Independence. Patrick Henry, a former American attorney, on the other hand, advocated for the inclusion of the bill of rights in the constitution (Murrill 7). The United States Constitution, therefore, combined various ideas from a plethora of people alongside multiple preexisting documents, such as the Declaration of Independence and the Articles of Confederation.

Analyzing Individuals Targeted by the Framers of Article Two of the U.S Constitution

The framers of the United States Constitution wrote this legal document targeting a wide range of people and groups across the country (Kay 247). However, one critical point to underscore in this case is that the United States Constitution has various articles that target different individuals. For instance, the primary target audience of Article Two was the executive branch, which serves as one of the three primary arms of the federal government. The executive bears the responsibility of enforcing the laws established by the United States Congress, as provided by Article One (Goldsworthy 352). Therefore, the primary target audience of Article Two was the office of the president and its occupants. Another target group of Article Two was the United States citizens, and the delegates who participate in its election as it helps them to understand the procedures followed while electing and removing the president alongside outlining the powers and the responsibilities of this critical government position (Saar 1). Also, Article Two addresses the Vice President, members of the cabinet, and various federal agencies that are crucial in the daily operations of the federal government.

Article Two

According to Lindsay, Article Two is one of the most intricate parts of the United States Constitution (1). The main focus of this article is the executive branch of the federal government, which consists of the president, the vice president, the cabinet, and various federal agencies. The executive arm of the government has the overall power, authority, and the responsibility of enforcing the laws formulated by the United States Congress (Saar 1). Article Two has a total of four different sections containing different rules followed by every member of the executive branch. The first section has eight clauses that outline the laws that govern the work of the president and defines the associated authority. The first clause vests the power of the executive arm of the federal government to the president while identifying four years as the total amount of time that the president and the vice president should serve in office (Murrill 11). The second clause gives electros, chosen by designated state legislatures, the right to elect their president as well as the vice president.

Philip ascertained that the number of electors given to every state depends on the total number of its senators and other representatives (18). The third clause directs on how electors from a particular state should meet to elect the president and the vice president of their country. Initially, this clause required a person with the highest number of votes in an election to become the president. However, the enactment of the twelfth amendment changed this clause by giving electors the power to decide the best leader through the Electoral College system. The fourth clause, on the other hand, provides the United States Congress with the constitutional authority to determine the date of holding an election (Ewald 920). Currently, states choose their electors on the first Tuesday of November after every four years who, in turn, vote on the second Wednesday of December. The fifth clause outlines the requirements that a person must meet to serve as the president. For example, this clause holds that every potential candidate must be at least 35 years of age, be a citizen naturally born in the United States, and must have lived there for at least 14 years (Kay 250). The sixth clause outlines what should happen in case the president decides to resign from office, get an impeachment, or dies.

According to Lindsay, clause 6 requires the vice president to take over from the president to accomplish the four-year term (1). However, the United States Congress must select an appropriate person to replace the president and hold the office for the remaining time in case the vice president is illegible. The seventh clause in the first section of Article Two stipulates the salary of the president. This clause directs that the salary of the president cannot change while in the office while prohibiting them from receiving any cash from either the state or federal government in addition to their initial pay (Goldsworthy 355). The last clause requires the president to take an oath before swearing-in as the head of state. The second section of Article Two has three different clauses and stipulates the powers of the United States president. The first clause acknowledges presidents as the commander in chief of the armed forces and requires them to form a cabinet of different senior advisers to the president (Philip 22). Advisers play a vital role in helping the president to make critical decisions for the prosperity of their country.

Lindsay ascertained that the second clause in Section Two of Article Two gives the president the right to be receiving frequent advice from the United States Congress before making final and binding decisions about various issues (1). The last clause in this section gives presidents the authority to assign different offices, which eventually ends at the beginning of the successive United States Senate session. Contrary to the first and second sections, the third section of Article Two has a total of five clauses, which dictates the responsibilities of the president (Murrill 15). The first clause requires the president to keep the Congress updated on the state of the country through the state of the union addresses, conducted regularly. The second clause gives the president the power to call the sessions of the Senate and those of the Senate. The third clause, on the other hand, stipulates that the president has the responsibility of receiving all types of ambassadors from foreign countries and the United States allies (Goldsworthy 357). The fourth clause requires the president to work by ensuring that the federal government executes the laws of the country faithfully throughout his term in office.

According to Lindsay, the fifth clause in section three of Article Two emphasizes that the president has the power to sermon and commission all officers in the United States, including those working in the country's military and intelligence units, when deemed necessary (1). The final section of Article Two of the United States Constitution also referred to as Section Four, deals with the disqualification of the president (Kay 254). Section Four addresses the issue of impeaching various state officials, including the president, the vice presidents, and judges, based on different conducts and behaviors that, in one way or another, violate the United States Constitution. However, the impeachment process entails the decision of another crucial body, such as the United States Congress, to take a vote to remove the predetermined state officer from office (Murrill 17). Reasons for impeachment include bribery conviction, committing treason, and being guilty of participating in a criminal offense, such as felony.

Importance of Article Two of the United States Constitution to the History of the Country

According to Lindsay, Article Two of the United States Constitution has a remarkable significance to the history of America (1). First, Article Two combined with other parts of the constitution to form a single binding document that would later help in the establishment of the United States' national government alongside other fundamental laws. The United States had only thirteen states before the drafting and enactment of the constitution in 1787 by the founding fathers (Toobin 1). These states lived in isolation even though notable leaders, including George Washington, struggle to bring about collaboration, promote peaceful coexistence, and achieve social, political, as well as economic stability. Thomas Jefferson, who worked as the United States ambassador to France and the author of the Declaration of Independence also emphasized on the need of the country attaining unity and collaboration across its territories (Goldsworthy 360)....