A More Perfect Constitution 1

Striving for Perfection: An Analysis

of

'A More Perfect Constitution'

by Larry J. Sabato

Nathan A Mayorga

UVU (Utah Valley University)

POLS 1100

Debbie Lindsay

April 29, 2024

A More Perfect Constitution 2

Abstract

The current American government is built on the U.S. Constitution that defines three

branches: the legislative, the executive, and the judicial, with different specific powers. The

analysis of the branches, their interactions through the system of checks and balances, and the

distribution of the Federal Government’s powers and state responsibilities are considered. The

effect of the Bill of Rights on the government powers, its functions protecting individual

freedoms and promoting federalism are defined. Proposed revisions from the 12 articles to 4

show the changes and improvements that can be made to make each branch more efficient and

effective. These changes reflect the main idea of the Founders vision and the requirements of the

modern society.

Keywords: Government structure, Separation of powers, Federalism, Bill of Rights,

Branches of government, Changes.

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Introduction

The United States government has three distinct branches – the legislative, the executive,

and the judicial – each with specific powers given by the U.S. Constitution. This paper outlines

the roles and responsibilities of the mentioned governmental branches and indicates how they are

connected and checked by each other to preclude too much power to be vested in a single

government unit. Furthermore, the paper outlines the Tenth Amendment, which stipulates certain

states’ powers and creates a federalistic system that matches the structure of the federal

governments by the governments of states.

Current government

In our discussion of the current government of the United States, we will explore the

structure and functions of the three branches: legislative, executive, and judicial, as outlined by

the U.S. Constitution. Additionally, we will consider the allocation of powers between the

Federal Government and the states under the Tenth Amendment, which reserves certain

authorities to the states and their local governments. This includes examining how state

governments mirror the federal model with their own executive, legislative, and judicial

branches, reflecting the broader principles of republican governance established by the

Constitution.

Executive branch:
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The power of the Executive Branch in the United States belongs to the President, who

holds the position of the head of state and of government. The main titles of the President are

Commander-in-Chief of the armed forces, and this dignity presumes a wide range of

responsibilities, such as the implementation of laws passed by the Congress and presumes the

creation of laws and their implementation. In this connection, the President elects the heads of

federal agencies, based on individual and governmental merit. Thus, the President as an organ

implemented thought the Secretary of State has the power to elect the secretaries of the Cabinet,

the number of which in 2021 was 15, including Defense, Agriculture, and Commerce, among

others.

The Executive Branch comprises more than 4 million employees (about twice the

population of New Mexico), which is more than twice the number of New Mexico’s population,

including members of the armed forces. The President, as per Article II of the Constitution,

oversees the execution and upholding of the law, appointing federal officials, and overseeing the

function, as well as having the responsibility for signing or vetoing bills passed by Congress. The

executive’s duties include diplomacy, negotiation of treaties ratified by the Senate, issuance of

executive orders to direct the officers or define how laws are to implement, and a pardon for

federal crimes One should mention that the President’s role most of the time is more preventive.

However, the real adoption, negotiation, and completion of the ideas are performed by his team.

Legislative branch:
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Established by The following is the Legislative branch. As mentioned above, under

Article I of the Constitution, the United States government’s Legislative Branch consists of the

House of Representatives and the Senate. Together they form the Congress. The Congress has

exclusive competencies to legislate, confirm legislative vetoes, declare a war, appoint

presidential nominations, and conduct considerable investigations.

The House of Representatives consists of 435 elected members, divided among the states

based on population, and 6 non-voting members representing U.S. territories. The Speaker of the

House of Representatives is elected by members of the House of Representatives and serves as

Speaker of the House of Representatives. He is the third in line of succession to the President.

Members of the House of Representatives serve two-year terms. You must be 25 or older, a U.S.

citizen for seven years, and a resident of your state. The Senate is composed of 100 senators,

with each state represented by two senators serving six-year terms. Senators who are 30 or older

must have been a U.S. citizen and have lived in their state for nine years. The Vice President

presides over the Senate and casts the deciding vote.

Judicial branch:

Article III of the U.S. constitution defines the functions of the Judicial Branch, whose

task is to interpret the law and guarantee justice in the United States. The President appoints

United States federal judges, who also include the Supreme Court Justices, and the Senate

confirms the appointments. Congress, however, has the authority to establish a federal judiciary

responsible for setting the number of Justices in the Supreme Court and the lower courts such as

the District court and the court of appeals. Moreover, federal judges have life tenure – appointed
A More Perfect Constitution 6

until resignation – or upon impeachment and conviction, thus, allowing judicial independence to

safeguard citizens against temporary public opinions. The Supreme Court, as the nation’s highest

federal court, decides cases related to federal laws or the Constitution. Justices are appointed for

life tenure. They hear appellate cases – review – and dispute-settling cases.

The Court's decisions set precedent for lower courts and have significant implications for

federal law and policy.

The process of judicial review involves parties petitioning the Court for a writ of

certiorari ¹, requesting the Court to review a case. The Supreme Court typically grants certiorari

to cases involving significant legal principles or conflicting interpretations among federal courts

of appeals. After reviewing written briefs and hearing oral arguments, the Court issues its

opinion, often shaping the legal landscape and guiding lower court decisions.

Separation of powers:

The doctrine of separation of powers, implicit within the U.S. Constitution, was shaped

by the Framers' experience with the British monarchy, aiming to prevent arbitrary and oppressive

government actions. The Constitution delegated the legislative, executive, and judicial branches

distinct responsibilities, independent to guarantee individual liberty. However, it may permit

some overlap between the branches to ensure the permissible government with integrated checks

and balances so that no one branch could easily overpower another. The Supreme Court played a

significant role over the years in defining separation of powers between the branches through

major cases, which mandated the incompatible branch’s actions and incorporated both formalist

and functionalist constitutional judgments. Provisions of Articles of the Constitution including

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Article I, Section 7 legislated process, and Article II Vesting Clause executive power informed

separation of powers question and around the branches’ interaction while revolutionizing in the

Constitution.

Check and balances:

The concept of checks and balances, embedded within the structure of the U.S.

Constitution, was fundamental in ensuring that no single branch of government could wield

excessive power. Each branch—legislative, executive, and judicial—possesses specific powers

that are balanced and checked by the other branches. For instance, while the legislative branch

creates laws, the executive branch can veto legislation through a Presidential Veto, and the

judicial branch can strike down laws alleged unconstitutional. Moreover, the legislative branch

oversees crucial functions such as approving Presidential nominations and controlling the

budget, while the executive branch executes laws and can issue Executive Orders, subject to

judicial review for constitutionality. Finally, the judicial branch interprets laws and their

application, with judicial appointments subject to confirmation by the Senate, demonstrating the

interplay of powers designed to maintain a balance and separation of authority among the

branches of government.

Limited government:

The concept of limited government, as emphasized by the Founders in the Constitution,

reflects their belief that government authority should be based on the consent of the governed.
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The Constitution was crafted to specify the powers granted to the federal government by the

people and to establish clear limits on how those powers could be exercised. Crucially, the

Founders stressed that the government's ability to raise and allocate tax revenue should be

subject to the control of the people. Accordingly, the Constitution stipulates that the government

can only raise or spend money if authorized by legislation passed by the people's representatives

in Congress. This principle underscores the Founders' commitment to ensuring that government

remains accountable to the will and consent of the governed, with financial powers strictly

constrained by legislative oversight and public representation.

How the bill of rights affects the power:

The Bill of Rights profoundly impacts governmental power by delineating and

safeguarding fundamental rights and liberties of individuals against potential overreach by the

government. Through its provisions, such as the freedom of speech, press, and religion

guaranteed by the First Amendment, citizens are empowered to express themselves and criticize

government actions without fear of retribution, ensuring a vibrant democracy. The Bill of Rights

also establishes rules for due process of law, ensuring fair treatment and procedural protections

for individuals accused of crimes. Importantly, the Tenth Amendment reserves powers not

specifically granted to the Federal Government in the Constitution to the people or the States,

thereby limiting the scope of federal authority and reinforcing the principle of federalism.

Additionally, the Bill of Rights underscores that the enumeration of certain rights should not be

construed to diminish others retained by the people, acknowledging the existence of

unenumerated rights, and affirming the principle that the Constitution does not exhaustively
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What does the author think?

In discussing the Author's opinions on the feelings and problems observed within the

three branches of government, it becomes evident that a critical examination of each branch's

functions and interactions is essential. The author highlights specific concerns related to the

Executive, Legislative, and Judicial branches, including issues such as concentration of power,

corruption, challenges in governance due to perpetual campaigning, resistance to transparency,

and declining public confidence. By exploring these perspectives, a comprehensive

understanding of the systemic challenges and necessary reforms within each branch emerges,

reflecting the Author's nuanced insights into the functioning and dynamics of American

governance.

White House:

According to Sabato, two primary problems facing the executive branch are the

concentration of war-making powers in the hands of the president and the perpetual nature of

political campaigning, which hampers a president's ability to focus on governing. The

concentration of war-making powers was addressed by the War Powers Resolution of 1973, also

known as the War Powers Act, designed to limit the president's ability to initiate or escalate

military actions abroad without congressional consent. This resolution is part of our

governmental system of "checks and balances," aiming to restrain the executive branch's power

in committing U.S. military forces to armed conflicts. It mandates that the president notify
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Congress within 48 hours (about 2 days) of military action and prohibits armed forces from

remaining engaged for more than 60 days (about 2 months). Despite the Constitution dividing

war powers between Congress and the president, historical events like the prolonged Korean and

Vietnam conflicts of the 1950s and 1960s, conducted without congressional declarations of war,

blurred the lines between presidential and congressional authority in approving and conducting

war.

This concentration of war-making powers in the hands of the president raises significant

constitutional and practical concerns regarding the balance of power between the executive and

legislative branches. While the Constitution assigns Congress the authority to declare war and

allocate military funds, it designates the president as the commander in chief of the armed forces.

However, historical precedents, such as the extensive U.S. military involvement in Korea and

Vietnam without formal declarations of war, have complicated the interpretation and application

of these constitutional provisions.

Congress:

Corruption remains a pervasive issue in governments worldwide, and Americans are

increasingly dissatisfied with the behavior of their elected officials. Despite promising integrity

during campaigns, many legislators shift their focus to personal interests once in office,

neglecting the needs of their constituents. The legislative branch, often consumed by political

party disputes and conflicts, prioritizes self-preservation over public service. Additionally,
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concerns arise when dominant political parties engage in gerrymandering, manipulating district

boundaries to their advantage during redistricting, thereby distorting the democratic process.

An illustrative example of legislative corruption occurred in 1980 with the expulsion of

former Pennsylvania Representative Michael Myers. This expulsion followed a federal FBI sting

operation targeting public corruption and organized crime, reminiscent of the film "American

Hustle." Myers was caught on tape accepting a $50,000 bribe from an undercover agent posing

as a representative seeking political asylum and favors. Despite claiming intoxication and

misunderstanding the situation, neither the jury nor the congressional committee found his

defense credible. The investigating House committee condemned Myers for allowing personal

greed to override his sworn duty, exemplifying the corruption that can plague legislative bodies.

Myers' subsequent criminal convictions, including election fraud in 2022, underscore the

ongoing challenges of corruption within the legislative branch, reflecting a broader pattern of

ethical lapses among elected officials.

Supreme Court:

Sabato highlights several significant issues plaguing the judicial branch, contributing to

public dissatisfaction, and diminishing confidence. One critical concern is the court's resistance

to transparency, particularly evident in its reluctance to allow cameras into courtrooms. This

aversion to broadcasting proceedings raises questions about transparency and accountability,

highlighting an entrenched arrogance and privilege among justices who resist adapting to modern

communication methods. This behavior is seen as incompatible with the democratic principles
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fundamental to the nation's governance. Another troubling issue is the erosion of public

confidence, evidenced by dissatisfaction among both liberal and conservative parties with the

Supreme Court. This decline in trust underscores broader challenges facing the judicial branch,

which must address these issues to restore faith in its integrity and effectiveness.

Any suggestions:

Executive:

To address the concerns raised by the author regarding changes to the Executive branch,

restoring a reasonable balance between branches in decisions related to military interventions is

crucial, ensuring meaningful consultation with Congress. Additionally, restructuring the

presidency to reduce the impact of constant campaigning would afford presidents more time and

freedom to focus on policy and national interests. One proposed change is to extend the

presidential term to six years, with an option for the president to consult with the government to

add two more years, totaling eight, contingent upon mutual agreement. This proposal aims to

provide continuity while minimizing the disruptive effects of perpetual campaigning on

presidential governance.

Regarding my opinion on the term restructuring, I agree with the author's perspective.

Extending the presidential term to six years with the potential for an additional two years, subject

to mutual agreement, could offer presidents a more stable tenure, allowing for greater focus on
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substantive policy initiatives and reducing the influence of electoral cycles on decision-making.

However, concerning the issue of war-making powers, I would add that in cases of a direct threat

to the nation, consultation with Congress should be limited or waived, while interventions

involving support for another nation should require congressional approval unless conducted

under the auspices of NATO. This nuanced approach seeks to preserve the president's ability to

respond swiftly to imminent threats while ensuring proper oversight and deliberation for

interventions that may have broader international implications.

Legislative:

The proposed changes to Congress outlined by the author aim to reform both the Senate

and the House to enhance representation and address partisan districting. For the Senate, the

author suggests adding more senators per state and appointing former presidents as national

senators. This change would result in each state having more senators proportional to their

population, potentially leading to a fairer representation of the people's opinions and

strengthening the federal-state relationship. However, adding more senators per state might be

inefficient, although the concept of former presidents as national senators could serve as valuable

advisors rather than formal representatives.

Regarding the House, the author advocates for universal nonpartisan redistricting to

combat partisan gerrymandering. This reform would empower states to choose independent

methods for redistricting, promoting fair representation, and reducing political polarization in

congressional districts. I support the idea of nonpartisan redistricting in the House, as it would

contribute to a more equitable electoral system that reflects the diversity of viewpoints within
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each state. However, while the concept of adding more senators may have potential drawbacks,

the motion of appointing former presidents as national senators could be refined to leverage their

expertise in an advisory capacity rather than through direct representation.

Judicial:

The proposed changes to the Judicial branch by the author aim to introduce reforms

related to term limits, retirement age, and the composition of the Supreme Court. Firstly, the

author suggests implementing a fifteen-year nonrenewable term for Supreme Court justices to

ensure turnover and prevent the entrenchment of power. Additionally, advocating for a

constitutional retirement age of 75-80 years old would ensure that justices remain active and

capable throughout their tenure. These proposals introduce important limits and potentially

enhance the experience within the judiciary, which I agree with.

However, I personally disagree with the proposal to expand the Supreme Court to 12

justices. Increasing the number to an even figure could impact decision-making by potentially

leading to tie votes. Instead, I would suggest adding two more justices to maintain an odd

number, which is traditionally seen as more conducive to reaching clear decisions. This

adjustment could preserve the balance of the Court while providing an opportunity to diversify

its composition and perspectives.

My personal view:
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Based on the above-mentioned points of view, I find that the current government of the

United States is strong. However, some modifications could alter it to become more relevant to

the modern era. I think it is moving along the right tracks. No matter the areas of development or

consideration for improvement, there always exists some room for advancements that can be

made to tone better to the needs of the people due to its evolving nature. Regarding its longevity,

I would argue, should our leaders remember that our government is made by the people, for

them, and of them, it will be everlasting.

However, when we consider the extent of the vision of many of our Founding Fathers,

who waged a revolution and wrote a new model of government that may not have gone as far as

they could in devising a system, it is completely alien for our evolving and ever-modernizing

civilization. They wanted to improve the situation “... in order to form a more perfect Union...

promote the general Welfare... and secure the Blessings of Liberty to ourselves and our

Posterity...” and the government they devised must follow the spirit of that vision and seek to

improve to better reflect both current and untapped potential.

Conclusion:

The U.S. government represents a system of governance the frontier envisioned aback

during formation, characterized by a balance of power and democracy. As enumerated, each of

the three branches have their unique mandates and, via a system checks and balances protects all

Americans against the potential of tyranny. The Bill of Rights works to protect U.S. citizens

against government’s excessive power and intimidation, and that protects their fundamental
A More Perfect Constitution 16

freedoms. In the future, the above review and potential future alterations can all be crucial

factors ensuring that the government can adapt to contemporary challenges while equally

protecting the frontier’s dream.

References

Congress of the United States of America. (n.d.). Intro.7.2 separation of powers under the

Constitution. Constitution Annotated.

https://constitution.congress.gov/browse/essay/intro.7-2/ALDE_00000031

Davis, K. (n.d.). Checks and balances. Ben Guide. https://bensguide.gpo.gov/j-check-balance

National Archives. (n.d.). Reviewing the Constitution’s Big Ideas with Primary Sources.

National archives. (n.d.). The Bill of Rights: What Does it Say?. America’s Founding

Documents. https://www.archives.gov/founding-docs/bill-of-rights/what-does-it-

say#:~:text=It%20spells%20out%20Americans’%20rights,the%20people%20or%20the

%20States.

Sabato, L. (2008). A more perfect constitution: Why the Constitution must be revised: Ideas to

inspire a new generation. Bloomsbury USA.

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The United States Government. (2021, January 15). The Legislative Branch. The White House.

https://www.whitehouse.gov/about-the-white-house/our-government/the-legislative-

branch/

The United States Government. (2022a, July 12). The judicial branch. The White House.

https://www.whitehouse.gov/about-the-white-house/our-government/the-judicial-branch/

The United States Government. (2022b, July 14). Our government. The White House.

https://www.whitehouse.gov/about-the-white-house/our-government/

The United States Government. (2023, December 14). The executive branch. The White House.

https://www.whitehouse.gov/about-the-white-house/our-government/the-executive-

branch/

War powers resolution of 1973. War Powers Resolution of 1973 | Richard Nixon Museum and

Library. (2021, July 27). https://www.nixonlibrary.gov/news/war-powers-resolution-1973

Zurcher, A. (2023, November 18). Corruption, bribery, treachery: The history of US house

expulsions. BBC News. https://www.bbc.com/news/world-us-canada-67458673

Disclaimer:

This report has been redacted with support from ChatGPT. All the information

exposed in this report was previously investigated and verified on official government websites

as well as remarkable newsletters, and Journals we did along the length course. After the

investigation process, the information was provided to the AI tool, with the only objective to

redact the presented document. All the subjective opinions expressed in this report are
A More Perfect Constitution 18

personally held by me. The Microsoft Word Ai editor is Grammarly part of the construction of

this paper as well.