JAMB - Government (1979 - No. 5)

The essence of the United States of America's Constitution is that

it is based on the concept that all men are created equal and are endowed with rights

the supreme Court is the most politically powerful breanch of government in the country

it is a peculiarly North American document

it prtects black Americans at all times

it provides checks and balances between the states and federal government

Explanation

The creation of the United States Constitution and its system of checks and balances was deeply influenced by historical events and philosophical ideas.

Historical Context:

The Articles of Confederation: Before the Constitution was created on 4th March 1789, the United States operated under the Articles of Confederation, which created a weak central government. The federal government lacked the power to tax, regulate commerce or enforce laws effectively. This led to economic instability and conflicts between states. The framers recognized the need for a stronger central government but wanted to avoid the risk of tyranny.
Fear of Tyranny: The framers were influenced by their experiences under British rule, where the monarchy wielded excessive power. They wanted to ensure that no single branch or level of government could dominate. This was done to protect individual freedoms and prevent authoritarian rule.
Philosophical Foundations: Enlightenment thinkers like Montesquieu and John Locke emphasised the importance of separating powers within a government to prevent despotism. Montesquieu's concept of dividing government into legislative, executive and judicial branches inspired the framers to adopt this structure.
Federalism: The Constitution was designed to balance power between the federal government and the states. This was crucial in addressing concerns from smaller states that feared losing autonomy to a strong central government.

The System of Checks and Balances:

The Constitution established three branches of government—legislative, executive and judicial—and gave each branch specific powers. It also included mechanisms to ensure that each branch could limit the powers of the others:

Legislative Branch: Makes laws but can be checked by the President's veto and judicial review.
Executive Branch: Enforces laws but can be checked by Congress's power to override vetoes and the judiciary's ability to declare executive actions unconstitutional.
Judicial Branch: Interprets laws but can be checked by Congress's ability to amend laws and the President's power to appoint judges.

Why This System Was Necessary:

James Madison, one of the key framers, famously wrote in the Federalist Papers: "If men were angels, no government would be necessary." He recognized that government must be able to control the governed while also controlling itself. The system of checks and balances was designed to achieve this delicate balance.

This structure has proven to be a cornerstone of American democracy.