Essay on "American Government and Institutions"

Essay 2 pages (760 words) Sources: 1+

[EXCERPT] . . . .

American Government & Institutions

Should voters continue to have the political authority to change state constitutions when popular or unpopular issues are shaping public opinion? What is the proper role of the people in a Constitutional government? Did the Founders intend for citizens to make changes in the Constitution when times change and issues alter public opinion on various topics? This paper discusses those issues in light of the constitutional bans that have been enacted in up to 30 states vis-a-vis same sec marriage.

The Arguments

A classic example of voters showing their political muscle is the fact that some 30 states in the United States have passed initiatives that ban on same-sex marriage. Led by members of the Christian conservative movement and others representing conservative causes (and against gay rights), these states now have amended their legal political statues to reflect current attitudes and policy beliefs. It should be noted that the Founders clearly wanted the states to have authority to enact laws that are suited to their specific cultural, social, and geographical experiences -- as long as those state laws did not intrude on federal law -- but they made it very difficult for any state or political movement to change the U.S. Constitution. Two-thirds of the states' legislatures would have to approve any amendment to the U.S. Constitution.

As to the issue of popular sovereignty, professor Daniel Levin (Boise State University) explains that there are very few aspects of the U.S. Constitution actually represented in the American culture. Hence, there is an ongoing difficulty in actually "embodying po
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pular sovereignty." Yes, the U.S. Constitution is a symbol of the "formal political relationships between individual citizens and the state based on…popular sovereignty," Levin writes. But because Americans have never conceived of the state as "fully autonomous from society, the Constitution is a weak symbol, lost in the mist that surrounds the American state." Popular sovereignty is difficult to understand and "virtually impossible to depict," Levin asserts.

Meanwhile, if popular sovereignty means the ability to pass propositions and alter state constitutions, it is certainly in play in America. To wit, California was one of the 30 states to pass a ban on gay marriage based on a popular vote. However, in February, 2012, the U.S. 9th Circuit Court of Appeals… READ MORE

Quoted Instructions for "American Government and Institutions" Assignment:

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What is the role of the people in our deliberative democracy?

Since 2008, over half the states*****30 at last count*****have enacted voter-approved constitutional bans on same-sex marriage. In many of these states, the debate over whether to permit or ban same-sex marriage has been contentious. In the wake of recent constitutional adoptions in Florida, Arizona, and California, some political observers have questioned whether voters should have the ability to make these types of decisions for themselves. Others have insisted that this democratic feature keeps the system dependent on the will of the people.

Using the Founders concept of *****popular sovereignty,***** discuss whether our democratic, Constitutional system was intended to seek input directly from the public, or whether significant policy issues are best deliberated by elected representatives. How does the Constitution incorporate both the peoples***** input as well as expert deliberation? Give arguments and examples for your position, and reference the arguments of the Founders as much as possible. Use the controversy over constitutional bans on same-sex marriage as a starting point.

We use the book Bessette, Joseph M. and John J. Pitney, Jr. American Government and Politics. Boston:

Wadsworth, 2011. If that helps.

How to Reference "American Government and Institutions" Essay in a Bibliography

American Government and Institutions.” A1-TermPaper.com, 2012, https://www.a1-termpaper.com/topics/essay/american-government-institutions/79912. Accessed 18 May 2024.

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