FREE ESSAY ON PROTECTIVE FEATURES OF THE CONSTITUTION

PROTECTIVE FEATURES OF THE CONSTITUTION

The United States' democratic system includes certain features that are intended to
protect against the abuse of the power by the government and public officials. Some
protective features include: judicial review, impeachment process, freedom of expression,
protection against unreasonable searches, equal protection under the law, and the rights
of the accused. 
One important protective feature is judicial review. Judicial review is the power of the
courts to review laws and determine whether or not they are unconstitutional. The
Judiciary Act of 1789 stated that all citizens of the United States are "separate but
equal", referring to segregation. Blacks were supposed to be treated equally and fairly,
without discrimination just as whites were, but they were to have separate facilities,
schools, etc. In the case of Marbury v. Madison, on John Quincy Adam's last night in
office, he appointed 82 new Federalist Justices. These midnight judges as they were
called represented a threat to incoming President Thomas Jerreson, a Democrat-Republican.
Jefferson feared Federalist interpretation of the law for the next 20 years, a fear that
ended up coming to fruition. Among these midnight judges was one William Marbury.
Jefferson ordered his Secretary of State, John Madison, not to deliver the official
documents granting Marbury his position. Because of the Judiciary Act of 1801, Marbury
appealed directly to the Supreme Court asking for a writ of mandamus or an order to act.
Chief Justice John Mashall recognized he would be correct in ordering Madison to deliver
the papers but feared weakening the image of the Court if President Jefferson refused to
comply. Instead Marshall ruled that the Judiciary Act of 1801, which Marbury had used to
submit his claim directly to the Court wa s unconstitional, and it was. In this way the
Court was able to rule a law unconstitutional and therefore created the important
precedent of judicial review,
Another significant protective feature is the impeachment process. Congress may remove
the President if the chief executive is found guilty of misusing his power. In order for
this to occur, the House must vote on the bill, and the Senate would conduct the trial.
Andrew Johnson tried to interfere with the Reconstruction plans, and Congress passed the
Tenure of Office Act. This measure barred the president from removing office holders,
including cabinet members, without the consent of the Senate. Believing that the law was
unconstitutional, Johnson dismissed Secretary of War, Edwin M. Stanton, an ally of the
Radicals. Congressional leaders were fed up, and the House voted to impeach him, which
meant that he was ordered to be tried before the Senate for high crimes and misdemeanors.
If found guilty, he would have be removed from office. Seven Republicans joined the
Democrats in voting to aquit Johnson. People believed that a conviction would damage the
separation of powers. The attempt, however, was failed by one vote. This whole charade
showed government officials and the public, that it really could happen. 
Another imperative protective feature is the rights of the accused. Before the ruling of
Schneck v. the Unites States, individuals were not aware of their rights when they were
being taken under arrest. The did not know that anything that they said could be used
against them in court, that they had the right to an attourney, etc. Charles Schenck was
arrested for violating the Espionage Act, passed by Congress in 1914. The Espionage Act
made it illegal to defame the government or do anything that might retard the war effort.
Schenck, a member of the Socialist Party, opposed the war and printed and distributed
pamphlets urging citizens to oppose the draft which he likened to slavery. Schenck
claimed his first amendment rights were violated. The court ruled against Schenck saying
that the Espionage Act did not violate the first amendment and that in times of war the
government may place reasonable limitations on freedom of speech. Justice Oliver Wendell
Holmes outlined the courts opinion by explaining that when a clear and present danger 
Throughout history, laws have been declared that were not constitutional, the
constitution has been developing and changing since the day it was written to accommodate
all kinds of situations, and I am sure it will continue on that way.