An Overview of Constitutional Government

A constitutional government is a foundational concept in the realm of governance, and it plays a central role in shaping modern democracies around the world. This overview aims to provide a comprehensive understanding of what a constitutional government is, its key characteristics, and its significance in the context of democratic societies.

Defining Constitutional Government

At its core, a constitutional government is a system of governance in which a constitution serves as the supreme law of the land. This constitution, often in written form, establishes the fundamental principles, structures, and rules by which a country is governed. It acts as a binding contract between the government and its citizens, defining the rights and responsibilities of both parties and establishing limits on the exercise of governmental power.

Key Characteristics of Constitutional Government

1. Rule of Law: Constitutional governments are built upon the principle of the rule of law. This means that all individuals and institutions, including the government itself, are subject to and accountable under the law. The legal system provides a framework for resolving disputes, upholding justice, and ensuring that no one is above the law.

2. Limited Government: A central tenet of constitutional government is the idea of limited government. The constitution delineates the powers and functions of each branch of government, specifying the boundaries within which these branches must operate. This limitation on governmental authority prevents the abuse of power and protects individual rights and liberties.

3. Separation of Powers: Constitutional governments typically employ the separation of powers, dividing the government into distinct branches, such as the executive, legislative, and judicial branches. Each branch has specific responsibilities and functions, and they operate independently to prevent any one branch from becoming too powerful.

4. Protection of Individual Rights: Constitutions in constitutional governments often include a Bill of Rights or similar provisions that enumerate and protect individual freedoms. These may encompass rights such as freedom of speech, religion, and assembly, as well as guarantees of due process and the right to a fair trial. The constitution serves as a shield against government encroachment on these rights.

5. Checks and Balances: The separation of powers is reinforced by checks and balances. Each branch of government has mechanisms for monitoring and influencing the actions of the other branches. This system promotes accountability and prevents any single branch from dominating the others, thereby maintaining a balance of power.

Significance of Constitutional Government

Constitutional government plays a pivotal role in democratic societies for several reasons:

1. Preservation of Democracy: It ensures that the democratic will of the people, as expressed through free and fair elections, is respected and upheld while protecting minority rights from potential abuses of majority rule.

2. Stability and Predictability: Constitutions provide stability and predictability in governance. They establish the rules and procedures for decision-making, maintaining order and continuity even in times of political change.

3. Protection of Human Rights: Constitutional governments are dedicated to the protection of human rights. The constitution acts as a safeguard against government overreach, ensuring that individual rights are upheld.

4. Accountability: Constitutional governments emphasize accountability at all levels of government. Elected officials are accountable to the constitution and, by extension, to the people they serve. This accountability reduces corruption and promotes transparency.

5. Legal Framework for Dispute Resolution: The rule of law and the presence of a constitution provide a legal framework for resolving disputes and conflicts, both within the government and in society at large. This promotes peaceful conflict resolution and social cohesion.

In conclusion, a constitutional government represents a bedrock principle of modern democracy. It establishes the framework for democratic governance, protects individual rights, and prevents the concentration of power in the hands of a few. While the specifics of constitutions may vary from one country to another, the core principles of the rule of law, limited government, separation of powers, and protection of individual rights remain universal in constitutional systems worldwide.

The Treaty of Paris (1783)

The Treaty of Paris signifies the first official doctrine regarding foreign policy and diplomacy between the newly-formed United States of America and all other foreign nations. As a result of the treatment of the Colonists under the British monarchy, a treatment which the authors of the Treaty of Paris regarded as both unfair and unjust, the Treaty of Paris was penned in the hopes of establishing a forum to conduct a just system fueled by democratic and humane diplomacy.

The Treaty of Paris sought to address potentially harmful situations in which international turmoil might occur. With that in mind, the Treaty of Paris establishes solidified borders and boundaries, which delineated the property of the United States of America from that of other nations. In addition, the British loyalists who remained on American soil and had been bullied in the wake of the Revolutionary War, both those taken prisoners, as well as those unjustly stripped of their property, were returned their respective property and freedom.

The Northwest Ordinance

As a result of the Articles of Confederation’s movement away from a strong gubernatorial presence, the Northwest Ordinance was one of the few legislative aspects over which the central Government was allowed control. After defeating the British in the Revolutionary War, the Continental Congress – as well such political figureheads such as Thomas Jefferson – were anxious to expand the borders of the newly-formed United States of America. As a result, Thomas Jefferson penned the Northwest Ordinance in July of 1787.

The focal point of the doctrine was to not only ensure that settlers participating in the westward expansion would be entitled to the same rights and liberties as those residing in the 13 states but was also to allow room for new states to enter the Union. Contrasting the American citizens’ sentiment of abandonment at the hands of the British monarchy under Kind George II, the Northwest Ordinance ensured that settlers would be protected while colonizing the western frontier.

Articles of Confederation

On June 12th, 1776, the Articles of Confederation was assigned to be drafted by a committee put together by the Second Continental Congress. John Dickinson, the appointed head of this drafting committee, had already gained some notoriety as a result of his initial public refusal to sign the Declaration of Independence. Dickinson had concluded that the Declaration of Independence removed too much power from the Government.

Though Dickinson drafted an initial version of the Articles of Confederation which ensured the existence of a strong central government, as well as equal representations amongst the states, the remainder of the committee modified the Articles of Confederation prior to sending it to the individual states for ratification. In that final version, the central Government has disallowed any jurisdiction over any statewide legislation. The central Government was permitted to regulate currency, appoint both military and postal service, and manage affairs with the Native Americans. However, the flawed legislative structure established in the Articles of Confederation quickly lead to both financial disarray, as well as an evident disharmony between the states of the Union.

Shay’s Rebellion

Daniel Shay was a working-class farmer residing in Massachusetts who led a rebellion against a sovereign Massachusetts State Government between 1786 and 1787. Due to the central Government’s inability to levy taxes – a precept outlined in the Articles of Confederation – the sovereign states could only be requested to make financial contributions to the central Government. This quickly devastated the central Government’s finances.

Foreign landowners and investors with property in Massachusetts demanded a prompt repayment of all debts. Due to the depletion of their State funds as a result of the inflation spawned by the central Government, the Massachusetts State Government was forced to employ exorbitant tariffs on interstate commerce. Because farmers and merchants relied on the commercial market as their sustenance, they were quickly subject to imprisonment and foreclosure.

Shays declared these State-imposed tariffs to be both unjust and undemocratic and, in turn, refused payment. He and his fellow merchant-farmers rebelled against the Massachusetts State Government, and by doing so he was considered to bring the innate inefficiency of the Articles of Confederation to light.