Number Of Provisions Within The Constitution example essay topic

"While the authors of the United States Constitution are frequently portrayed as noble and idealistic statesmen who drafted a document based upon their conception of good government, reality is that the constitution reflects the politics of the drafting and ratification process. Unfortunately, the result is a document that is designed to produce an ineffective government, rather than a government that can respond to issues in a timely fashion". In support of this conclusion, the issues of slavery, The 1906 San Francisco Earthquake, and the civil rights struggle keenly demonstrate the ways in which our constitution hinders the expediency and effectiveness of America's government. The constitution's provisions towards voting eligibility and separation of powers proved to be the most significant obstacle in the path to emancipation for slaves in the 19th century. The way in which federalism is laid out within the constitution played a monumental role in the communication barriers that arose during the 1906 earthquake, delaying assistance to thousands of Californians. Lastly, a number of constitutional provisions, including voting rights and the 3/5 compromise, impeded the struggle for civil rights in the 20th century, again exemplifying that lack of efficiency that the constitution produces.

A number of provisions within the constitution hindered the abolition of slavery until the late 19th century. Beginning with the constitutional convention, it became apparent that the debate over slavery would be ongoing. Southerners, attempting to maximize their representation in the House of Representatives, insisted that slaves be counted as a full person. Northerners responded, however, with the argument that slaves should not be counted at all, seeing as they did not enjoy the rights of full citizens.

Arising from this debate was the 3/5 Compromise. This section dealt directly with the issue of representation, elaborating, "Representatives... shall be apportioned among the several states... according to their respective numbers, which shall be determined by adding the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons". Although this compromise was designed to tackle the obstacle of slavery, it would prove to be yet another barrier in the national government's attempt to expeditiously abolish slavery in later years. The Senate also proved to be a formidable impediment in the struggle for abolition. The constitution details, "The Senate of the United States shall be composed of two senators from each state... and each senator shall have one vote". This equal representation along with careful maintenance of regional balance in the Senate allowed for Southern states to retain their national veto over slavery.

Lastly, the constitution's allowance for the establishment of the Supreme Court that could, with a single decision, overturn years worth of legislation provided a monumental setback. In the court case Dred Scott vs. Sandford, the court ruled that the federal government did not retain the power to prevent slavery in the territories. Although slavery was eventually abolished by the fourteenth amendment, the long struggle and numerous constitutional roadblocks demonstrate how a number of provisions within the constitution hindered the ability of the national government to efficiently overcome a national concern. The 1906 Earthquake in San Francisco also exemplifies the way in which the constitution impedes government action. After hearing a short report regarding the earthquake, President Roosevelt sent a telegram to the California governor, expressing his sympathy and offering national assistance. The governor replied that state troops were handling the disaster and that if federal aid was needed, it would be promptly requested.

What followed this disaster were continuing coordination problems in light of the absence of national authority. Much of the aid was derived from volunteer organizations and private contributions, which decreased drastically when the immediate catastrophe had ended. The presence of federal troops in place in San Francisco to prevent looting led to mass chaos. There were also debates regarding how federal aid should be used to most efficiently provide relief for the victims.

The events that followed the earthquake exemplify the problems associated with the way in which our constitution ambiguously outlines our federalist government. The Elastic Clause is a prime example of this ambiguity. This clause explains that the federal government has the right to "make all laws which are necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution". The Tenth Amendment also demonstrates the vagueness with which our federalist system is outlined.

The amendment states, "The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people". It is apparent from these sections, as well as others throughout the constitution, that state and federal powers are not clearly defined, thus leading to a lack of expediency when dealing with both national and local issues. The struggle for civil rights also illustrates how the constitution allows for a slow and ineffective government. Again, the constitution proved to be the most monumental obstacle in the battle for equal rights for blacks.

The 3/5 compromise demonstrates the tendency toward black inferiority that would not be extinguished for 200 years. The constitution clearly reserves certain authorities for the states. In Section 4, the founders detailed, "The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each state... ". This seemingly small provision, however, had dramatic implications for the avocation of civil rights. This clause allowed states to utilize literacy tests and other methods of determining voter eligibility that were clearly white biased.

By denying the national government a veto over state law, segregation continued to thrive in Southern states. The separation of powers that is outlined in each section of the constitution also promoted segregation by preventing a national majority from striking against "tyranny in the states (92) ". These constitutional provisions support Kernel and Jacobson's argument that "a fragmented constitutional system largely answers the question of why it took so long to eradicate, slavery, segregation, and other forms of discrimination". (93).