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Does The Government Have Constitutional Power

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Does The Government Have Constitutional Power
"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety," says Benjamin Franklin in Historical Review of 1759. Others tend to say just the opposite of what Ben Franklin quoted. With that being said, a key question comes up for discussion: Does the government have the Constitutional power to suspend the Constitution during a time of crisis? Certain documents were brought up for discussion that deal with certain articles from the Constitution and some acts/laws that the Congress passed to substantiate whether the government has certain powers. By using the U.S. Constitution, the Espionage Act, the Sedition Act, an executive order from President Franklin D. Roosevelt, and two federal Supreme …show more content…
Now another question comes up: Does the government still have those certain powers? Technically, the government still has the power to do exactly what they did in the past seeing that no amendments or Supreme Court judicial reviews were passed to say that the government was wrong for doing such. In the United States Constitution: Article 1, Section 1 states some powers that the government has. One of those powers happen to be that the "The Congress shall have the power to ……… make rules for the government." This indicates that the governing body does have the power to pass acts and amendments. There aren't any limitations to what rules the government can make listed in this Article, but there are checks and balances over each branch in government. So what happens if all branches agree with the acts that are being passed? What if neither branch enforces a check on the other branch? The answer to those questions have not been decided yet. In Article 1, Section 8 of the Constitution, it says that the Writ of Habeas Corpus can be suspended in cases of rebellion or invasion of the public safety. This contradicts Amendment V which says that everyone has the right to a just and speedy trial. This is an example on how bits and pieces of the Constitution cancel each other out under various circumstances. The President himself has his own personal …show more content…
Does the government only have military powers? Does the government only have the power to tax? Does the government only have the power to make rules for the government? The general answer to all of those questions would be yes. In the first article and section of the Constitution, it simply states that that the U.S. Congress has all of those affirmed powers. The government also has the power to limit certain rights during a time of crisis. If this statement was false, then the words "in time of peace" would not be in Amendment III of the U.S. Constitution. The Constitution clearly states that the government has the right to provide for the common defense and general welfare of the United States which is also located in Article 1, Section 1. This clearly signifies that if our nation is in danger, the government has the right to defend our nation at all costs; meaning, that if some rights should be revised or revoked for a period of time, that's what will happen! Of course the government has other several powers, but these are the ones that indicate what powers the government have in a time of

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