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Americas Constitution

Updated on August 29, 2016

The main points are about the constitution and how it was written by the Forefathers and should be maintained in the same way that it was written. The Forefathers wrote the constitution with the intentions that we would be in control of our destiny and not be ruled by our government. It will also touch on how the government tries their best to control the American people. From there it will move on to touch on the Affordable Care Act and how it is affordable for those who do not qualify for Medicaid and cannot afford regular insurances like Blue Cross or Blue Shield. It will also talk about the Tax Deduction that is charged to those who do not have any type of healthcare. Next, it will discuss the Due process in the Judicial system, a weakness within the legislative branch and explain a way to maintain the Due Process and the strength within and the weakness found within the Legislation. Lastly, it will discuss the Search and Seizure law and how we can strengthen the Search and Seizure law so as to make sure that the cases of such are not so easily overturned. It will also explain why the Judicial branch is the weakest branch of the government and what we can do to strengthen it. The American constitution is a big part of the American government and an even bigger part of who and what the American people stand for as a country.

The power is given to the people by the constitution. The document of which was written by the Forefathers and designed to give us the control to run our own country whether than allowing the government to run everything. It was designed to give us a strong system to rely on. The constitution was written with the American people in mind by the Forefathers. They had a plan in mind that the American people would be the ones to control how the country was run. That is why we have elections. We are supposed to be the ones who chose who our government officials are each election year.

However, with the weakness that leaves our constitution open to the amendments of every government official that enters office it makes it easy for it to be changed and amended to fit the agenda depending on the current administration in that holds office. It is no longer a land of laws voted on by and for the people of the states. The government is able to amend and change it, however, they see fit without giving any knowledge to the American people. We are no longer we the people, but we the government, because the government controls all. The government has used our fear since 9/11 to try to control our constitutional rights. Like how recently they have tried to take away our guns and with them our 2nd amendment. Which is nothing more than the government trying to control us by slowly taking away our rights?

If we were to go back to how the Forefathers wrote the constitution and actually once again made this country about the people of the country, we would actually be able to make more changes then what are being made nowadays. We should return to the We the people that the constitution was meant for and stop letting our governments change and amend it at will without us having any type of say. The constitution should be for the people that are how it was written and that is how it should return to being. We are the people of the country and we should be allowed to have some say over what happens to our destiny as a country.

One advantage to a national policy that was implemented in recent years is the Affordable Care Act. It has been the talk of many people lately. For it has people back in charge of their healthcare. It allows the American people stability, flexibility, and affordability so that they are able to make an informed decision. The Affordable Care Act provides a lot of positive changes not just for children with the elimination of Pre-existing condition exclusion, but it also helps adults find an affordable healthcare within their budget so that they are covered and are able to get the care they need when it is needed.

The only downside to the Affordable Care Act, also known as Obamacare is that not since this bill has been passed if you do not have some type of health care insurance when you file your taxes they will deduct a portion of your taxes for lack thereof. It is now required that every citizen has some type of health care insurance. Under the ACA you can end up with a tax deduction for medical healthcare that amounts up to 10% of your annual gross income. The Affordable Care Act is a good policy to have the only real downside is the Tax deduction they charge you and at tax time for lack of a proper health care coverage. If we could lessen this tax deduction, then more citizens would be inclined to apply for healthcare that they can afford. Also, offer a variety of healthcare packages that fits the need of the people who are applying.

One of the strengths with the three branches of our government is in the Judicial branch and the right to Due Process that is offered in the courts. Which gives the right to the procedures by which the laws are carried out in the courtroom. It requires that the procedures by which the laws are applied are evenhanded. However, what procedures are necessary to satisfy the due process will vary depending on the circumstances and subject matter involved. I really cannot suggest anything to strengthen the Due process procedures, because honestly, I do not see any weaknesses.

A weakness in another branch of our government is in our Legislative branch. The legislative branch is unable to pass any laws without the say of both the other houses. The weakness within the legislation could be modified by making it where only on certain bills is in necessary for both houses to Vote to pass it through.

One strength in the federal government is that of our civil liberties allows us the right to be protected from any unreasonable search and seizures. Which means that without due cause or a search warrant the government officials such as the police, FBI, or anyone else are not allowed to search your home, vehicle, or office for any reason without your permission. One case that comes to mind is the case of United States v. Drayton which talks of the three officers that boarded a bus for a routine drug and weapons search. One the day in question the lead officer made certain that each passenger was informed of their rights individually and was given the option to disembark the bus if they felt it necessary.

So when Drayton was giving permission to a search and subsequent pat down which produced drugs hidden in his shorts, and he was arrested and charged with Federal drug crimes, he tried to say that his consent to the pat down on the bus was not valid. However, the courts overruled him and the judgement held that the officers had not coerced him or the other passengers in any way, and so the search was deemed legal and voluntary. The ruling was later overturned by another court, but I think that the officer handled the situation very well. He went one by one speaking to the passengers individually in quiet tones, and he even left the aisle open so that if they felt the need to end the conversation with him and exit the bus they could do so without any problems.

A way to accentuate the search and seizure laws is to have a way for them not to be so easily overturned in cases like this one. Solely because the defendant felt that the policeman did not conduct the search correctly it made it really easy for this case to be overturned in favor of the defendant. Which only resulted in putting him back on the street doing the same thing he was picked up for in the first place. We need to strengthen our search and seizure laws so that there is no possible way that a case like this can turn out the way this one did with the search and seizure deemed invalid in the end.

The judicial branch is of our government is deemed to be our weakest, because they have no power to act on their own or the power to enforce what it does. When there is a lawsuit showing an issue of the proper application of the law then the Judicial branch has no power what so ever. Even if it does act and declare a law unconstitutional it has no power to enforce its decree. The fact that this branch of the government has no real power on its own to enforce any decree that it may declare as unconstitutional makes it where that any law can be passed through without that branch of government having any real say. Our judicial branch should have a bit more power than that. The power of our Judicial branch should match or equal the power of the other government branches.


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