Rachel Blakes

Burnham
Government-3
8 October 2014
OPED-2
Our government was clearly defined by our founding fathers in the
constitution. The preamble defines the constitutions purpose as being to form a
more perfect union, establish justice, insure domestic tranquility, provide for the
common defense, promote the general welfare and securing the blessings of liberty
and posterity. These things are loosely the intended functions of our government.
The rest of the constitution goes on to in some instances clearly define the specific
responsibilities of the government and specifically each branch.
Article one discusses the legislative branch. It defines the legislative branch
as having all legislative powers, and explains that these powers will be possessed by
the congress, which is divided into two parties, the Senate and the House of
Representatives. It describes the selection process for representatives, saying that
the people will choose the members every two years. It also describes the age, and
residency qualifications. Section three explains the Senates more complicated
appointment process. In section eight, the constitution details the Congresss
specific or enumerated powers; however at the end of section 8 exists the
necessary and proper clause which provides congress with the right to implied
powers. This concept was tested in the McCulloch v. Maryland case of 1819. James
McCulloch, head of the Baltimore branch of the Second Bank of The United States,

refused to pay the tax that the government attempted to enforce on his bank. The
actual legislation did state that this tax would affect any bank or branch that
operated outside of the state of Maryland; however McCullochs bank was the only
out of state bank at the time. This fact invoked the impression that McCulloch was
targeted. The Supreme Court later ruled this tax unconstitutional. This case was a
milestone in the formation of our Legislative branch because it resulted in the
confirmation of the Congresss right to implied powers.
Article two defines the executive branch. It describes the powers of the
president and vice president, as well as the appointment process for those offices.
The National Labor Relations Board vs Noel Canning case this year, brought in to
question the Presidents authority to use the Recess Appointment clause. The
National Labor Relations Board accused Noel Cannings business of refusing to
execute a collective bargaining agreement with a labor union. Canning refuted this
ruling presenting that some of the members of the board were not appointed
properly. This accusation is based on the Recess Appointment Clause, which
basically states that the President has the power to appointment individuals when
the Senate is in recess. President Obama appointed three members of the National
Labor Relations Board under this authority; however congress was not in recess.
This fact brought Canning success in this case.
The third article discusses the judicial branch. Section one states that the
judicial powers are vested in the Supreme court and several inferior courts
established by congress. The Marbury v Madison case in 1803 was an impactful one
for the judicial branch. James Marbury drafted a petition to the Supreme Court in

regards to James Madisons neglect to deliver the paperwork assuring Marburys

commission. This case formed the foundation of the concept of judicial review. This
is basically the right of the court to determine whether a treaty, statute or anything
similar created is a violation to an existing law.
Based on the framework that was laid out in the constitution, our
government operates rather appropriately. As displayed in the cases discussed,
there are a few grey areas that allow for our government to step over its boundaries
whether it is done so purposefully or ignorantly.