GOVT 201 Wk 2 DISCUSSION

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This is a graded discussion: 100 points possible due Nov 5 Unit 2 Discussion(Group) 8 8 unread replies. 24 24 replies. Respond to the following questions: Which of the features of limited government under the U.S. Constitution has been most important? Which is most threatened? Do you think that it is possible to recover a more robust commitment to the U.S. Constitution and to the rule of law? In your answer, you may be interested to consider the argument that some have made that the United States needs to have a new constitutional convention; go here Links to an external site. for more information. (You are not required to consider the idea of a constitutional convention of the states, but you may be interested in doing so.) In defense of your initial post to this prompt, be sure to cite course readings (and videos, if applicable) in defense of your answer. Your response(s) should comply with the formatting, content, and word count guidelines, along with the style manual requirements, indicated in the syllabus. Review the grading rubric provided for this discussion forum to ensure the best outcomes for your dialogue assignment. Search entries or author Filter replies by unread Unread Collapse replies Expand replies Subscribed Reply Reply to Unit 2 Discussion(Group) ° Collapse Subdiscussion ° Brandi Gulick ° Brandi Gulick

° Oct 24, 2023 ° Oct 24 at 2:46pm ° Manage Discussion Entry ° Limited Government Limited government under the U.S. Constitution is based on the separation of powers and the rule of law. The separation of powers prevents any one branch of government from becoming too powerful, while the rule of law ensures that everyone is subject to the law, including the government. The most important feature of limited government is the separation of powers. This system divides the power of the government between the legislative branch (Congress), the executive branch (the President), and the judicial branch (the Supreme Court and lower federal courts). Each branch has its own specific powers and responsibilities, and each branch can check and balance the power of the other two branches. The rule of law is the aspect of limited government that faces the greatest threat. The expansion of the administrative state, the politicization of the judiciary, and the increase of executive authority all pose threats to the rule of law. Reining in the administrative state, preserving the independence of the judiciary, and fortifying the separation of powers can help to rebuild a stronger commitment to the Constitution and the rule of law. Although it would be dangerous, a new constitutional convention is not required. In conclusion, the U.S. Constitution's limited government provision is critical to preserving individual liberty and rights. The two most crucial components of limited government are the rule of law and the separation of powers, yet both are under jeopardy. Well, It is possible to restore a more robust commitment to the Constitution and the rule of law without holding a new constitutional convention. References Madison, James. "Federalist No. 51." The Federalist Papers. Edited by Alexander Hamilton, James Madison, and John Jay. Modern Library, 2003. Reply ° Reply to Comment ° Collapse Subdiscussion ° Ruijian Huang ° Ruijian Huang ° Nov 4, 2023 ° Nov 4 at 11:16am ° Manage Discussion Entry ° Hello Brandi, I agree with your view of most significant feature is separation of powers. But I want to mention that not only the separation of legislature, executive and judicature contributed to the United States today, but also dividing the power to the central and local governments. I presume that these two systems of checks and balance are indivisible. Only if power is sufficiently dispersed can we have a better America. Also, I agree with your view about possibility to recover a robust commitment to the U.S. constitution. The awareness of public is another crucial factor. Reply

° Reply to Comment ° Collapse Subdiscussion ° Lecretia Wilborn ° Lecretia Wilborn ° Nov 5, 2023 ° Nov 5 at 8:04pm ° Manage Discussion Entry ° I have to agree with you, also, I like how you explain everything that you were speaking about. The separation of powers sometimes gets mixed up, especially with people that do not understand their rights. I think that if people take the time out to understand everything that you have spoken about, would actually help them better understand what is taken place when they go to court or understand what is going on in this world. Reply ° Reply to Comment ° Collapse Subdiscussion ° Akosua Abankwa ° Akosua Abankwa ° Oct 31, 2023 ° Oct 31 at 5:29pm ° Manage Discussion Entry ° Limited Government The foundational premise of restricted governance in the United States Constitution is predicated upon the fundamental tenets of the separation of powers and the rule of law. The doctrine of separation of powers functions as a bulwark against the undue concentration of authority within a singular governmental branch, thereby preserving a system characterized by mutual checks and balances. Concurrently, the rule of law underscores the imperative that all actors, inclusive of the government itself, are bound by and answerable to the established legal framework. The separation of powers is frequently recognized as the quintessential hallmark of a limited government paradigm. This structural framework effectively apportions political authority across three distinct branches: the legislative branch, the executive branch, and the judicial branch. Each governmental branch possesses discrete powers, responsibilities, and the capacity to act as a counterbalance to the other two. Within the context of constrained governance, the principle of the rule of law presently confronts formidable challenges. Threats to the rule of law emanate from the expansion of the administrative state, the injection of partisan politics into the judiciary, and the augmentation of executive prerogatives. Implementing measures to curtail the expansive reach of the administrative state, safeguard the autonomy of the judiciary, and reinforce the separation of powers may contribute to the restoration of a more resolute commitment to the Constitution and the precepts of legal governance. The necessity of convening a new constitutional convention remains a subject of debate, notwithstanding the potential hazards associated with such an endeavor. Ultimately, the inclusion of the limited government clause in the United States

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Constitution assumes paramount importance in the safeguarding of individual liberties and rights. The rule of law and the separation of powers are widely acknowledged as the cornerstones of a limited government framework. However, mounting apprehensions surround the perils that these principles may confront. Without necessitating the initiation of a new constitutional convention, it remains feasible to reinvigorate a steadfast dedication to the Constitution and the principles of legal governance. References Madison, James. "Federalist No. 51." The Federalist Papers. Edited by Alexander Hamilton, James Madison, and John Jay. Modern Library, 2003. Reply ° Reply to Comment ° Collapse Subdiscussion ° Ruijian Huang ° Ruijian Huang ° Nov 4, 2023 ° Nov 4 at 11:40am ° Manage Discussion Entry ° Hello Akosua, I couldn't agree more with your well-articulated discussion on the foundational principles of restricted governance in the United States Constitution. The separation of powers and the rule of law are indeed fundamental pillars that ensure the system's integrity and balance. Your identification of challenges to the rule of law, such as the expansion of the administrative state, partisan influence in the judiciary, and increased executive powers, is spot on. These challenges are significant and merit careful consideration and action to preserve the rule of law. Reply ° Reply to Comment ° Collapse Subdiscussion ° Joshua Anicete ° Joshua Anicete ° Nov 4, 2023 ° Nov 4 at 7:47pm ° Manage Discussion Entry ° Hello Akosua, Limited government, anchored in the U.S. Constitution, rests on the separation of powers and the rule of law. This concept ensures that no single branch of government holds excessive authority, sustaining a system of checks and balances. While the separation of powers is integral to this structure, contemporary challenges threaten the rule of law. The administrative state's expansion, partisan influence on the judiciary, and an increase in executive authority all pose risks. Addressing these issues involves curbing the administrative state, preserving judicial independence, and reinforcing the separation of powers without calling for a new

constitutional convention. Reply ° Reply to Comment ° Collapse Subdiscussion ° Kimberly Charest ° Kimberly Charest ° Nov 2, 2023 ° Nov 2 at 3:49pm ° Manage Discussion Entry ° The Importance of a Limited Government The American government is only successful in securing the American people their liberty through the system of checks and balances, separation of powers, and the rule of law. This system of checked power and separation of power is central to the wellbeing of a limited government as it does not allow one part of the government to exert power over another and secures that the voice of the American people will be heard through legislation, declarations, and foreign policy. The rule of law allows the justice of the law to be upheld among the people and the elected members within the government. The rule of law ensures that no one is above the law and that everyone must be subject within it. The most important of these to ensure the liberty of the American people would be the system of check and balances, or separation of powers. James Madison placed it best in Federalist paper number 47 when he quotes French political philosopher Montesquieu. “"When the legislative and executive powers are united in the same person or body,'' says he, "there can be no liberty, because apprehensions may arise lest THE SAME monarch or senate should ENACT tyrannical laws to EXECUTE them in a tyrannical manner” (The Avalon Project n.d. , par. 4). The one that is threatened the greatest would be the political ideal of the rule of law. It is at risk only because of the lack of value distributed to it within the American people. Due to the lack of value given to it, trust in the government has become natural and expected, and the judiciary branch of government has become increasingly interested in politics instead of justice. References Madison, James. “The Federalist Papers: No. 47.” The Avalon Project : Federalist no 47. Accessed November 2, 2023. https://avalon.law.yale.edu/18th_century/fed47.asp ° Links to an external site. ° . Reply ° Reply to Comment ° Collapse Subdiscussion ° Joshua Anicete ° Joshua Anicete ° Nov 4, 2023 ° Nov 4 at 7:53pm ° Manage Discussion Entry ° Hello Kimberly,

A limited government's success in securing American liberty hinges on checks and balances, the separation of powers, and the rule of law. These principles prevent the concentration of power within any government branch and ensure that the people's voices are heard through legislation, declarations, and foreign policy. The rule of law provides equality before the law, preventing anyone from being above it. Of these, the separation of powers is most critical, as James Madison emphasized, preventing the enactment of oppressive laws. The rule of law faces the most significant threat due to its undervaluation, leading to diminishing trust in government and increasing politicization of the judiciary. Reply ° Reply to Comment ° Collapse Subdiscussion ° Alicia Snider ° Alicia Snider ° Nov 5, 2023 ° Nov 5 at 1:34am ° Manage Discussion Entry ° Hi Kimberly, I enjoyed your post and agree with your views. Thank you for sharing. I think it was wise to point out how everyone is playing the game of "politics" instead of doing the actual job they are appointed to do. Blessing, Alicia Snider Reply ° Reply to Comment ° Collapse Subdiscussion ° Kelly Bell ° Kelly Bell ° Nov 2, 2023 ° Nov 2 at 8:27pm ° Manage Discussion Entry ° Kelly D. Bell GOVT 201: American Citizenship Prof. Kewish November 2, 2023 One of the features of limited government under the U.S. Constitution that has been most important is the separation of powers: legislature, executive, and judicial. Even the order of the branches is important as it was chosen by the people 1 . The Anti- Federalists believed the Constitution gave too much power to the Federal Government 2 . The power of the Executive Branch to some, represents “monarchical rule” and delegates were concerned about the dangers of executive tyranny, which had been a problem throughout history. The separation of powers provides “an internal check to further limit the powers of government, where the government is structured so that

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each branch is co-equal and has an interest in keeping an eye on the other executive branches, checking powers while protecting its own power within boundaries 3 . I believe when hearts and minds are changed and willing, and if we can see the need, it is possible to recover a more robust commitment to the U.S. Constitution and to the rule of law. An example of this effort was set by Mr. Biden, Sept. 2022 when he declared a day to celebrate the Constitution 4 . Bibliography Biden, J. R., Jr., A Proclamation on Constitution Day and Citizenship Day and Constitution Week, The White House. 2022. https://www.whitehouse.gov/briefing-room/presidential-actions/2022/09/16/a- proclamation-on-constitution-day-and-citizenship-day-and-constitution-week-2022/ ° Links to an external site. ° Spalding, Matthew. “We Still Hold these Truths: Rediscovering Our Principles, Reclaiming Our Future,” ISI Books. 2019. Reply ° Reply to Comment ° Collapse Subdiscussion ° Brandi Gulick ° Brandi Gulick ° Nov 5, 2023 ° Nov 5 at 12:09pm ° Manage Discussion Entry ° Hello Kelly, First, excellent work on your discussion this week. I agree with your final paragraph. It will take the hearts and minds of the people changing, moreover, willing to change to see a change in the way the United States leaders hold fast to the Constitution and the Constitutional rights of the United States citizens start to be as the founding fathers had intended it to be. Thank you for sharing your thoughts and insights on the topic of the United States Constitution. Reply ° Reply to Comment ° Collapse Subdiscussion ° Kelly Bell ° Kelly Bell ° Nov 5, 2023 ° Nov 5 at 7:37pm ° Manage Discussion Entry ° Hi Brandi, Thank you for your response. After reading what our study materials had to say and pondering the question: "do I think it is possible to recover a more robust commitment to the Constitution and to the rule

of law," I believe a change in how we view the Constitution and its significance begins with each individual. I feel that we (as individuals) would need to make the Constitution "personal to us" and see how it transforms the way we think about it. kindly, Kelly Bell Reply ° Reply to Comment ° Collapse Subdiscussion ° Brandy Freyhof ° Brandy Freyhof ° Nov 2, 2023 ° Nov 2 at 10:01pm ° Manage Discussion Entry ° Limited Government Brandy K Freyhof GOVT 201-02: The American Republic November 2, 2023 The most crucial part of limited government in the U.S. Constitution is the three branches: Legislature, Executive, and Judiciary. "No branch is higher or lower than any other, and no branch controls the others; each has independent authority and unique powers" (Spalding 2009, 101). These branches work together to ensure decisions uphold the law created by the people. This is also known as the separation of powers. It makes a checks and balances system to follow the rules. The rule of law is the most threatened feature of the U.S. Constitution. "...The Rule of Law is the general concept that government as well as the governed are subject to the law and that all are to be equally protected by the law" (Spalding 2009, 83). To keep the Constitution about and for the people, these laws need to be upheld without bias. In the speech by Ben Sasse, he discussed the importance of the black robe the judges wear, including the significance of how the judges all looked alike while wearing them. This is to display that individual personalities do not belong. A judge should not have or project any opinion on any matter. His job is to follow the letter of the law (Sasse 2017). For the United States to have a more robust commitment to the Constitution and the rule of law, we need to elect members of our branches who follow the rule of law in their personal lives. When a person lives out the commitment to upholding the law and generally being a good human being, that person will carry those qualities into the role played in government. In addition, our Constitution was founded on moral law, so those characteristics should also be viewed in a chosen leader. References Senator Ben Sasse: What a Judge's Robe Tells Us about the Judiciary, (2017), ° https://youtu.be/LBSCRqi4WG0?si=Zk6hNwVGnWXktQus ° Links to an external site.

° ° Matthew Spalding, We Still Hold These Truths(Delaware: ISI Books, 2009) 83 & 101. Reply ° Reply to Comment ° Collapse Subdiscussion ° Olivia Gowans ° Olivia Gowans ° Nov 4, 2023 ° Nov 4 at 3:57pm ° Manage Discussion Entry ° Hello Brandy! I completely agree with your position on the most crucial and threatening parts to a limited government. America's Constitution is what sets them apart from other countries. The US Bill of Rights plays a big role in our country, but many other countries have federal documents that include their liberties. It is the fact that our government splits the power between three branches, but at the same time gives power to the people to have a say in their liberties. With this, it is vital our country holds to the rule of law so no man or branch of government thinks they can act above the law. Reply ° Reply to Comment ° Collapse Subdiscussion ° Lecretia Wilborn ° Lecretia Wilborn ° Nov 5, 2023 ° Nov 5 at 8:08pm ° Manage Discussion Entry ° Excellent work, you are so correct about "No branch is higher or lower than each other." Sometimes we intended to think that one branch is higher than each other, which is actually not true. So, if we take a look at the branches, it is helping us to understand the correct way. When I was in high school, I actually thought that one branch was higher than the other, until I actually started college for my associate degree in criminal justice, Thats where I learned that they are both equal. Reply ° Reply to Comment °

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GOVT 201 Wk 2 DISCUSSION

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