The Constitution affirms that the government exist to serve its citizens, but does it?
Before we can explore this question, we need to research a few definitions and concepts?
What is power?
I found a really nice article in the internet https://www.futurelearn.com/info/courses/understanding-politics-and-international-relations/0/steps/204402 created by Kent University titled “What Is Power in Politics? 6 Different Definitions from Authors”. Very nice article, I recommend reading it if you have time. Two major concepts emerge from the six definitions. First, is that power exist only within the context of a relationship, usually a relationship which both actors have accepted. Employee to Employer, Worker to supervisor, student to teacher, and so on. The second concept is that power exist in a social context or network. Everything has an effect on something or someone else, one action can affect other individuals, groups, and their actions (Foucault, M. (1982) The Subject and Power. Critical Inquiry, 8, 777-795.) I should mention that Hannah Arendt made a clear contrast between violence and power; violence was something you used by yourself to get what you wanted from others, as the Nazi’s demonstrated, whereas power is the ability to come together as a group in order to reach shared goals. (Arendt, H. (1970) On Violence. Harvest Books, Orlando and London.)
These definitions bring up a couple of really good points. We, the people of Unites States, have accepted the rules which created and run our country, mainly the Constitution. We choose to live here, and thus recognize the power of the government as those given to it by the Constitution, or those given to it by following the Constitutions rules of creating and enforcing laws, recognizing our individual liberties. Unlike some other countries, if you do not like what we offer and how we run things, you are welcomed to leave. We have an open-door policy for leaving, and depending on the administration in power, the open door also extends to entering the country; legally or illegally. That is another topic.
We recognize the power of the government, civil authorities, law enforcement, etc as long as they follow the rules established. We also know that the rules can change and have created a mechanism in which to change the rules, and as long as we follow the rules to change the rules them everything is well. However, what happens and what should be the reaction when the rules are broken, what happens when someone assumes or exercises power not following the rules? The answer is simple; the Judicial, with the issues of guarding and interpreting the constitution left ultimately to the Supreme Court of the United States.
That responsibility, that of ensuring the American people the promise of equal justice under the law, extends beyond federal and state issues, it also means that SCOTUS is the ultimate bastion in safeguarding the American Democracy. However, the strength or the downfall of the system lays in the fact that democracy is determined by voting and voting rights, which is restricted by State Legislators, while at the same time the constitution gives Congress the power “at any time” to override the state laws and establish its own rules for federal elections. Rules that the Supreme Court would have to interpret.
More to follow…