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  • Essay / The ambiguity of the Constitution - 1142

    The preamble to the Constitution sets out six reasons for its establishment, among which two reasons stand out, the establishment of justice and the guarantee of common defense. America's national security was of paramount importance to our founders and remains so today, more than 200 years later. Although there is no clear answer on how to achieve security, our constitutional system of government provides the framework for achieving this. The Constitution itself, in its ambiguity and deliberate demand for interpretation, as well as the elements of division of power and rule of law, play a key role in how our government ensures the security of our nation. This article will explore how these elements complement and conflict in providing our government leaders with the tools necessary to ensure national security. The division of power is one of the most often cited principles of our constitutional system. For example, in matters of foreign policy, the Senate must give its advice and consent to the president when making treaties and appointments. Conversely, the Constitution grants Congress the power to declare war and provide military funding while the president acts as commander in chief of the armed forces. This sharing of power creates friction between the executive and legislative branches when they disagree and “is an invitation to fight for the privilege of directing American foreign policy.” For our government to function, it must be able to resolve conflicts that arise over time. the result of this “struggle”. The rule of law is the principle that enables reconciliation and its primacy in the successful implementation of our government cannot be underestimated. Simply put,... middle of document... The judiciary will continue to play a vital role in the “struggle” for power in foreign affairs and in the use of armed forces. We will surely see public debate and congressional involvement over a recent decision by President Obama authorizing the "targeted killing" of a U.S. citizen abroad without due process, under the guise of combating terrorism. In conclusion, our Constitution developed a framework that articulated the necessary amount of government that “secured the blessings of liberty” while recognizing the dynamic institutions it created and the need for interpretation. National security will remain the primary task of our government; and the Constitution's ambiguity, separation of powers, and legal supremacy will ensure that our nation's policies and actions are grounded in situational context and always open to public scrutiny and debate..