Introduction
The use of expert witnesses has become a common feature in modern-day court cases. In most trials, expert witnesses are called upon to provide specialized knowledge or insights to aid the courts in making informed decisions. However, not all expert witness testimonies are treated equally, and the courts have the responsibility to determine the reliability and admissibility of such testimony. Over time, different tests have been developed to evaluate the admissibility of expert witness testimony in courtrooms. The two most commonly used tests are the Daubert standard and the Frye test. This paper seeks to compare and contrast these two tests, examining their origins, strengths, and limitations and evaluating their effectiveness in ensuring the admission of reliable expert witness testimony in court.
Frye test or the general acceptance test.
The Frye test is one of the tests used to determine the admissibility of expert witness testimony by the courts. The Frye test, also known as the general acceptance test, originated from the Frye vs. United States case dated 1923 in Washington DC. The Frye test seeks to determine whether the results generated by the accepted techniques, when executed appropriately, are considered dependable and accepted by the concerned scientific community (Youngs & Canter, 2013).in 1923, the case brought about numerous discussions over the credibility of polygraph test results as the basis of evidence in court. The court ruled that polygraph testing was too inconsistent and not entirely trustworthy and thus not widely accepted in the scientific community. The court further stated that before polygraph tests could be legally used as scientific evidence in court, they must have widespread acceptance. This case is considered a landmark case, and it is what gave the Frye standard its name and basis.
When applied to expert testimony, professionals in a particular scientific field must explain and support the scientific methods used in submitting the evidence. In the event that his or her credentials are challenged during cross-examination or the expert’s explanations are seen as substantial, the court could deem the evidence inadmissible. In order for expert testimony to be acceptable, it must be based on scientific evidence that is capable of being proven or demonstrated rather than relying solely on experimental evidence. The Frye standard provides a way to guarantee the trustworthiness of scientific evidence by allowing experts with the highest qualifications to determine the overall validity of a scientific method (Lyons, 2019). The General acceptance test is used whenever new or unclear scientific methods are introduced as evidence in court. This test saves time by avoiding lengthy hearings on the reliability of new techniques. Its consistent method for evaluating the general validity of scientific evidence promotes uniformity.
However, some issues arose from the Frye test. It should have answered the following questions. One is, what level of familiarity with the disputed technique is necessary for a scientist’s opinions to be considered relevant? Two is, what degree of acceptance constitutes general acceptance? How does the court establish the relevant scientific community when dealing with a new theory or technique that spans multiple science fields? Some legal experts have criticized the Frye test as being susceptible to inconsistent application by the courts and even manipulation through redefinition of its criteria. The complaint most commonly voiced was that the “general acceptance” test was too rigid and inflexible, excluding evidence that should be admitted as reliable and relevant.
Daubert test
The term “Daubert Standard” originated in 1993 from a legal case called Daubert v Merrell Dow Pharmaceuticals. It went on to develop over three cases which are famously known as the Daubert trilogy. The fisrt case, Daubert. V Merrell Dow Pharmaceuticals established that the Federal Rules of Evidence (FRE) Rule 702 did not require the Frye “general acceptance” test to determine the admissibility of expert testimony in science but instead incorporated a more adaptable standard of reliability. Another case, General Electric Co. v. Joiner, determined that a judge can exclude expert testimony if there are inconsistencies between the expert’s evidence and their final opinion. Finally, Kumho Tire Co. v. Carmichael decided that the gatekeeping function described in Dubert, which refers to the judge’s duty to screen expert testimony for reliability, applies to all types of expert testimony, even those that are not related to science. Many states in the United States did away with the Frye test and adopted the Daubert test.
From the Daubert v Merrell Dow Pharmaceuticals case, the court provided a criterion to be applied when assessing and determining the admissibility of scientific evidence. The four factors to consider are: if the theory can undergo testing or be proven false, whether it has been reviewed and published by peers, the potential for errors, and whether there are standards in place to control the operations of the techniques. Generally, the Daubert test expanded the authority of trial courts to allow scientific expert testimony based on solid principles relevant to the case, despite the evidence being novel or contentious (MSBA, 2020). The Daubert test, however, is not void of criticism. According to some critics, Daubert’s case did not achieve its intended goal of promoting a more lenient approach towards admitting expert witness evidence. Instead, they argue that Daubert actually established a more vigorous standard for evaluating the admissibility of evidence.
Conclusion
The admissibility of expert witness testimony is a complex issue that requires careful consideration of various factors. Courts have developed different tests to evaluate the reliability and relevance of such evidence, including the Frye and the Daubert standards. While each test has its own strengths and limitations, they all aim to ensure that expert testimony meets specific criteria before it can be presented to the trier of fact. Ultimately, the choice of which test to apply depends on the jurisdiction and the nature of the case at hand. By understanding the similarities and differences between these tests, attorneys and experts can better prepare themselves for the challenge of presenting and evaluating expert witness testimony.
Reference
MSBA. (2020). Daubert, Frye-Reed, and Racial Justice. MSBA Case Note. https://www.msba.org/daubert-frye-reed-and-racial-justice/#:~:text=TheDaubertanalysisaccordingto,.RochkindSlipOp.
Overview Of Blockchain And Supply Chain Management Sample College Essay
Blockchain technology is becoming an increasingly popular and efficient tool for businesses to optimize their supply chain management. A blockchain is a distributed ledger technology that uses cryptography to maintain digital records of transactions on a secure, tamper-proof network (Shaik et al., 2022). It is organized into “blocks”, which contain information about previous transactions and any new ones that occur during a given time. Multiple participants in the blockchain system verify each block before being added to the chain in chronological order (Puthal et al., 2018). This ensures that all data stored on the blockchain is accurate and reliable. Supply chain management involves coordinating and integrating resources to ensure that products are produced and delivered efficiently and effectively to customers (Tarigan et al., 2021). It includes activities such as procurement, production planning, inventory management, warehousing, order fulfilment, transportation, customer service, and more. With the increasing complexity of supply chains in today’s business environment, there is a need for new technologies that can help ensure the efficient operations of these networks. According to Dutta et al. (2020), using blockchain technology in supply chain management presents numerous opportunities for businesses to improve efficiency and transparency throughout their operations. However, many companies are still hesitant to adopt these technologies due to concerns over cost or lack of knowledge about how they work or how they can be integrated into existing systems. Cole et al. (2019) highlighted that for businesses to fully benefit from this technology, they must clearly understand how blockchain works and how it can be implemented into their existing supply chain systems. This requires careful planning and consideration on behalf of managers and IT professionals alike to ensure that all necessary steps are taken before implementation. Additionally, it is important for enterprises to understand any potential risks associated with using blockchain technology so that they can take measures to mitigate them before adopting this new system.
For these reasons, it is essential that we discuss blockchain’s potential applications within supply chain management as well as its implications for businesses operating within this highly competitive industry. By doing so, we will gain greater insight into how this revolutionary technology could improve operations while preventing fraud and protecting businesses from malicious actors attempting to exploit weaknesses within complex networks. Ultimately this will enable businesses operating within this space to remain competitive while ensuring their customers receive products safely and securely through an efficient operational model driven by cutting-edge technology, such as blockchain-based solutions for the supply chain management.
Current Discussions and Research on the Topic
Benefits of incorporating Blockchain into SCM
The use of blockchain technology in supply chain management (SCM) can potentially revolutionize how businesses operate. First, blockchain technology has the potential to dramatically reduce fraud in a supply chain system (Tijan et al., 2019). The transparency and immutability of blockchain records make it difficult for fraudulent activities to go undetected or be tampered with. This could lead to more accurate data tracking and reduced costs associated with fraudulent activity. Additionally, because every transaction is recorded on an immutable ledger, there are no worries about lost or misplaced documents (Duan et al., 2020). This can help streamline operations while ensuring data integrity and accuracy.
Subsequently, by utilizing smart contracts on a blockchain platform, businesses can automate many of their SCM processes (Chang et al., 2019). Gong et al. (2021) acknowledge that smart contracts allow businesses to define specific terms and conditions that must be met before any payments are made or services rendered. By automating these processes on a blockchain platform, businesses can reduce labour costs associated with the manual processing of orders and invoices, as well as increase transaction speed and accuracy.
Moreover, blockchain technology provides improved visibility into a company’s supply chain network by allowing real-time tracking of items within the system (Helo & Shamsuzzoha, 2020). This increased visibility allows companies to better monitor their supply chain activities and identify any potential issues quickly so they can be addressed promptly before they become major problems. This real-time insight into product movements also helps companies make more informed decisions about inventory management, reducing costs associated with excess inventory or stockouts (Ada et al., 2021).
Finally, implementing a blockchain-based solution for SCM also offers improved security compared to traditional systems, as all data stored on the platform is encrypted and protected from malicious actors attempting to gain access without permission (Khalid et al., 2023). This enhanced security helps ensure that sensitive information remains private while allowing users access when needed via permissioned access levels defined by stakeholders within the system.
Risks and Challenges of implementing Blockchain in SCM
There is much potential for blockchain technology to revolutionize how supply chains are managed, and improve their efficiency and transparency (Cole et al., 2019). However, some risks and challenges associated with implementing blockchain in SCM must be considered before adopting the technology.
Risks of Implementing Blockchain in SCM
The primary risk associated with implementing blockchain in SCM is security. Blockchain networks are vulnerable to attack due to their distributed nature; if one node is compromised, it can potentially compromise the entire network (Farahani et al., 2021). Additionally, since data stored on blockchains are immutable once written onto the ledger, it cannot be changed or reversed without consensus among all participants; this means that any malicious actors who gain access could potentially cause irreparable damage. Moreover, smart contracts used for supply chain management can contain bugs or vulnerabilities that could be exploited by malicious actors (Lou et al., 2021). Finally, although encryption provides an additional layer of security for data stored on blockchains, encryption standards must be regularly reviewed and updated to ensure that data remains secure over time.
Another risk associated with blockchain is scalability. As more companies begin to adopt blockchain technology for their operations, it may become increasingly difficult for existing blockchains to handle large volumes of data and transactions without becoming overloaded or slowing down significantly due to high traffic volumes (Prewett et al., 2020). This could lead to delays in processing transactions or even cause outages that could disrupt operations if not addressed properly by developers. There is also the risk of fragmentation due to incompatible versions of the same blockchain protocol being used by different organizations within the same supply chain network (Choi et al., 2020). This could result in conflicting records being stored on different versions of the same blockchain, leading to problems when attempting to reconcile them later on down the line.
Another risk posed by implementing blockchain in SCM is regulatory uncertainty due to the lack of clear guidelines around how blockchains should be governed and how transactions should be taxed (Kryzanowski & Boys, 2022). This lack of clarity means that organizations may face legal issues if they do not comply with relevant regulations when operating a blockchain network which could result in significant fines or penalties. Organizations need to understand relevant laws before launching a blockchain solution to ensure compliance and avoid any legal repercussions.
Finally, there is also a risk associated with privacy when using blockchain technology for SCM purposes. While transaction data stored on a blockchain can be encrypted to protect its confidentiality, there are still concerns about how private such data is when stored on a public ledger like Ethereum or Bitcoin’s blockchains, which can be accessed by anyone who knows where to look for it (Jin et al., 2019). Furthermore, there are also concerns about how companies store personal data related to customers on their blockchains which could potentially be exposed if not handled properly by developers or if malicious actors gain access to such data through exploits (Blondell, 2023). It is, therefore, important for companies to ensure that any personal information stored on their blockchains remains secure at all times before implementation into their SCM systems can take place safely without compromising customer privacy rights.
Challenges of Implementing Blockchain in SCM
The main challenge associated with implementing blockchain in SCM is creating an effective governance structure that ensures all participants adhere to predetermined rules and regulations while allowing flexibility when needed (Dasaklis et al., 2022). This requires a delicate balance between centralization and decentralization; too much centralization can stifle innovation, while too much decentralization can lead to chaos within the network. Companies must also ensure that they have adequate oversight over their networks to quickly detect any suspicious activity or malicious actors who might try to manipulate the system for their gain.
Another major challenge of implementing blockchain in SCM is the technical complexity of the process. Blockchain is an inherently complex technology requiring specialized knowledge to properly set up and maintain (De Filippi et al., 2020). There is still a lack of understanding among many people about how blockchain works and how it can be used effectively in SCM operations. Businesses looking to implement blockchain must be prepared to invest time and resources into learning about the technology before attempting to use it (Demirkan et al., 2020). Additionally, organizations may need additional personnel, such as developers or IT experts familiar with blockchain technology, to successfully implement it into their existing supply chain processes, which can also incur additional costs.
Moreover, implementing a blockchain network requires a significant upfront investment in hardware infrastructure and development costs for coding smart contracts and setting up nodes on the network (Kuperberg et al., 2019). Additionally, ongoing costs may be associated with maintaining the system, such as electricity costs for running nodes or paying miners who validate blocks on proof-of-work networks (PoW) (Sedlmeir et al., 2020). Organizations need to consider these costs when considering whether or not they should implement a blockchain solution for their SCM system.
Another challenge associated with implementing blockchain in SCM systems is interoperability, which typically requires connecting disparate systems and processes between different organizations (Al-Rakhami & Al-Mashari, 2022). This requires a high degree of coordination and agreement between the organizations involved, and there are often security or privacy concerns related to sharing data across different networks. In addition, different blockchains can have different protocols and algorithms, which can reduce the interoperability of different networks (Bhat et al., 2021). Finally, according to Rijanto (2021), blockchain technology is still in its early stages, and it is difficult to create a comprehensive, integrated solution that covers all aspects of a supply chain.
Examples of Companies Using Blockchain in Supply Chain Management
In recent years, some companies have implemented blockchain solutions to improve their operations and gain competitive advantages. For example, Maersk is an international shipping conglomerate that has been using blockchain technology since 2018 to track vehicles, containers, cargo, and supply chain management (Musienko, 2023). They have implemented their own TradeLens platform which collects data from industry partners and combines it into a single secure blockchain network (Musienko, 2023). This platform allows for the automation of almost the entire document workflow and digital business processes related to shipping logistics, including receiving bills of lading, financial transactions, customs fees and transfer of ownership/responsibility via smart contracts and IoT technologies. As of 2019, TradeLens had grown to cover 35% of the market and had over 15 major sea carriers signed up as partners (Musienko, 2023).
FedEx has partnered with Hyperledger- a Linux Foundation project and Blockchain in Transport Alliance (BiTA) to improve logistics through the use of distributed ledger technologies (Musienko, 2023). The company uses blockchain technology to help resolve customer disputes by creating a “single source of truth” which can be trusted by all parties involved in disputes (Musienko, 2023). FedEx also plans to use blockchain technology and smart contracts to track records for strategic planning and analysis purposes and create a standardized ledger for manufacturers and transport companies (Musienko, 2023).
IBM has also been at the forefront of blockchain technology, developing the IBM Food Trust ecosystem in 2017 (Musienko, 2023). This platform brings together ten major global food manufacturers and distributors, including Walmart, Dole, Nestle, Tyson, GSF, Unilever, McCormick, Kroger, Driscoll’s and McLane. The platform is based on the Hyperledger Fabric distribution registry, and it is designed to increase the transparency and traceability of food supply chains by creating end-to-end “stories” of each product (Musienko, 2023). This network collects and integrates information on the production, transportation and storage of food, intending to provide the most secure and traceable food supply chain possible. The initiative has been successfully tested on food supplies on the Walmart network, with the supply chains of mangoes from Mexico and pork from China being transferred to the IBM Food Trust blockchain (Musienko, 2023).
Regulatory Requirements for Implementing Blockchain in SCM
In order for an organization to implement blockchain technology in its supply chain, it must first ensure that they comply with all applicable legal requirements. This includes local, national, and international laws that govern the use of blockchain technology. These laws vary across jurisdictions, so organizations must ensure that they are aware of the specific laws in their area. For example, organizations must ensure that they comply with data protection laws, such as the European Union’s General Data Protection Regulation (GDPR) which regulate the use of personal data in the supply chain (Hoofnagle et al., 2019). Organizations must also be aware of anti-money laundering, intellectual property, and other applicable laws in their jurisdiction.
In addition to complying with applicable laws, organizations must also ensure that they comply with the specific requirements of the supply chain sector. This includes the need to ensure that all data is accurate and up to date, as well as secure and confidential. Additionally, organizations must ensure that their blockchain system is compliant with industry standards and best practices (Li et al., 2020). This includes ensuring that all transactions are traceable and verifiable, as well as ensuring that all transactions are completed in a timely manner.
Impact of Emerging Technologies on Blockchain-based SCM
The increasing complexity of supply chain networks has made it difficult for traditional SCM systems to effectively manage them. As the global economy continues to expand, the need for efficient, secure, and transparent supply chain systems has become increasingly important. In response to this demand, emerging technologies such as artificial intelligence (AI), Internet of Things (IoT), 5G networks, and distributed ledger technology (DLT) have been developed and integrated into blockchain-based SCM systems (Vilas-Boas et al., 2022).
Artificial Intelligence (AI)
AI has become an increasingly important tool in supply chain management due to its ability to process vast quantities of data quickly and accurately (Helo & Hao, 2022). AI can be used to automate mundane tasks such as data entry and analysis, as well as to identify trends and anomalies in data. Additionally, AI can improve forecasting accuracy, optimize inventory management, and reduce costs associated with SCM operations. By leveraging AI, blockchain-based SCM can be conducted more efficiently and with greater accuracy (Alabdulatiff, 2023).
Internet of Things (IoT)
The Internet of Things (IoT) has revolutionized how SCM is conducted by providing real-time visibility into the supply chain. IoT devices, such as sensors and tags, can be used to provide real-time data on the location, temperature, and condition of goods throughout the supply chain (Sharma et al., 2020). This data can then be stored on a blockchain to provide a more accurate and transparent view of the supply chain. Furthermore, IoT devices can be used to trigger smart contracts on the blockchain, allowing for more efficient and secure execution of SCM operations (Hasan et al., 2019).
5G Networks
The introduction of 5G networks has enabled faster data transfer, improved communication, and enhanced scalability of the supply chain. 5G networks have enabled the integration of multiple connected devices into the supply chain, allowing them to communicate and exchange data in real-time (Taboada & Shee, 2021). This has enabled the tracking of goods and materials throughout the supply chain, as well as the monitoring of their condition. Furthermore, 5G networks have enabled the sharing of data between stakeholders in the supply chain, thus improving collaboration and efficiency (Taboada & Shee, 2021). By leveraging the 5G network, companies can use IoT devices to collect real-time data from the supply chain and store it on a blockchain, allowing for better visibility into the supply chain and more efficient execution of SCM operations.
Distributed Ledger Technology (DLT)
Distributed ledger technology (DLT) is the underlying technology that powers blockchain networks (Gourisetti et al., 2021). By leveraging DLT, companies can ensure that the data stored on the blockchain is secure, accurate, and immutable. Additionally, DLT can be used to create smart contracts that automate the execution of SCM operations, providing greater efficiency and accuracy (Li & Kassem, 2021).
Significant Issues Arising From and Driving the Topic
The primary issue arising from the introduction of blockchain to the supply chain is the need to develop new systems and processes to accommodate the technology. Blockchain technology is still relatively new and developing, and companies need to take the time to understand the technology and how it can be implemented and utilized (Agbo et al., 2019). Furthermore, companies must also evaluate the cost and benefit of implementing the technology. While there are numerous potential benefits of introducing blockchain to the supply chain, companies must consider the cost of developing and implementing the technology, as well as any potential difficulties or challenges that may arise.
Another significant issue is the need for companies to develop and embrace a culture of collaboration and trust. Blockchain technology is based on the concept of distributed networks and trust, and companies must be willing to collaboratively share data and information in order for the technology to be successful in SCM operations (Dubey et al., 2020). Companies must also be willing to adopt a culture of trust, in which they are willing to trust the data and information that is shared by other parties in the network.
Finally, there is the issue of security. The security of the blockchain network is paramount, and companies must ensure that the technology is secure and reliable (Cole et al., 2019). This requires companies to invest in the necessary security measures and protocols, such as encryption and authentication, to ensure that their data and information is safe and secure.
Prospects for Work for SCM Grads Related to the Topic
The implementation of blockchain technology in the supply chain requires expertise in both the technology itself and in supply chain management. Therefore, SCM graduates with knowledge of blockchain have a distinct advantage in the job market. One of the primary opportunities for SCM graduates is in the field of consulting. Companies need advice on how to integrate blockchain into their supply chains, and SCM graduates with expertise in the technology are in a perfect position to provide this assistance. Consulting firms are also likely to be interested in hiring SCM graduates, as they can help to develop solutions that leverage blockchain technology.
Subsequently, graduates may pursue roles such as software engineer or developer that involve designing and developing new systems that leverage blockchain technology to improve existing SCM processes. Moreover, graduates may pursue roles such as project manager or business analyst that involve managing projects related to the implementation of new SCM systems that leverage blockchain technology.
In addition to these traditional roles within organizations, SCM graduates also have the potential to pursue opportunities as entrepreneurs. They may create their own startups in this space or join existing startups that are focused on developing innovative solutions for supply chain management using blockchain technology.
Conclusion
Blockchain is a digital, distributed, decentralized ledger system that allows multiple parties to securely store, share, and validate data in a shared, immutable ledger. Blockchain technology is used for various applications, including the management of digital assets, money, and transactions. Incorporating blockchain into SCM offers many potential benefits, including improved fraud prevention capabilities through its transparency features; automation of business processes through smart contracts; increased visibility into product movements; and enhanced security measures on all information stored within the system. While there are many potential benefits associated with using blockchain technology in supply chain management (SCM), numerous challenges must be addressed before implementations can become widespread. These include technical considerations such as scalability and privacy issues, regulatory compliance, and security issues such as protecting against malicious actors gaining access or changing data stored on blockchains. Companies must remain aware of these challenges when considering implementation options if they want their projects to succeed over time. Companies such as Maersk, FedEx and IBM are leading the way in terms of implementation and developing innovative platforms and solutions to improve their operations. These companies are leveraging blockchain technology to improve the transparency and traceability of their supply chains, as well as to reduce disputes with customers and increase consumer confidence. Emerging technologies such as Artificial Intelligence (AI), the Internet of Things (IoT), 5G networks, and Cloud Computing are profoundly impacting blockchain-based SCM, increasing efficiency, transparency, and security. Therefore, it is clear that blockchain technology is becoming an increasingly important part of the business world, and more companies will likely begin to adopt it in the future.
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American Democracy And Republican Form Of Government Free Essay
Introduction.
Many countries in the 21st century have a democratic form of governance. The democratic styles differ from one country to another. For instance, the United States has an American-style democracy, while China has a different democratic style. Democratic governance can be defined as a system of government where institutions function according to democratic processes and norms both internally and internationally. Democracy is a form of governance that depends on the people’s will. As such, there are many forms of democracy depending on how the will of the people is implemented in governance.
The history of democracy in the United States dates back to the colonial era. In 1630,s, every free non-native American participated directly in the election of officials and the formulation of policies, a form of democracy known as direct democracy. However, as the population grew, it was practically impossible to practice direct democracy, which led to the transition to representative democracy in the form of representative assemblies. Today, the United States is a representative democracy. In a representative democracy, the government is elected by citizens. The elected officials then represent the will of the people.
Further, the United States is a bicameral government. This implies that it has two houses of representatives; the Senate and Congress. Further, the United States has federal and state governments. State and federal government functions are clearly contained within the United States constitution. Each state has its written constitution, so different states have different laws. The United States Constitution was written in 1787, ratified in 1788, and started its operation in 1789 until to date. As such, the United States has the longest-serving constitution in the world. This paper will examine the United States Constitution as the basis of American democracy and examine the principles established within the declaration of independence as a foundation of our modern republic.
United States Constitution as a basis of American democracy.
The United States Constitution was written in 1987, ratified in 1788 and started operating in 1789. The constitution is the longest-serving written constitution in the world. The Constitution is composed of seven articles which clearly outline how the framers of the constitution wanted the government to run affairs in the federal government. The constitution in the fourth article also outlines the relationship between states and the federal government. (“Constitution of the United States,” art. 4) The United States Constitution is, therefore, the supreme law of the land. As such, all state and federal government officials must swear allegiance to the constitution.
The first three words of the constitution, “we the people,” reiterates the democracy of the united states in that the constitution and, therefore, the government exists to serve the people. As the supreme law of the united states, the constitution is the basis of American democracy. The united states is a representative democracy. The first article of the constitution establishes representative democracy (Dahl).
The first article outlines that all legislative powers shall be vested in the Congress of the United States. The Congress shall consist of the Senate and the house of representatives. The constitution in article one section two further outlines that the people of the several states shall choose the members of the house of representatives. (“Constitution of the United States,” art. 1, sec. 1) The number of house of representatives per state is usually extrapolated according to the population of the states (“Constitution of the United States,” art. 1, sec. 2). By electing the members of the house of representatives, the people practice direct democracy. Elections give the people a direct vote. One way to express their will is by choosing their desired representatives. The constitution also outlines the qualifications for one to vie for the position. According to the constitution, to be eligible to vie for this position, one must be over 25 years of age. Further, they must have been citizens of the united states for at least 7 years. (“Constitution of the United States,” art. 1, sec. 2) The constitution also outlines that the elected members of the house of representatives shall serve for a term of two years (“Constitution of the United States,” art. 1, sec. 2)
Additionally, the constitution also highlights that vacancies may arise in the house of representatives’ positions either due to a member’s death or mental instability. When vacancies arise, elections in those states shall be conducted to find replacements (“Constitution of the United States,” art. 1, sec. 2).
On the other hand, the Senate of the United States is composed of two senators from each member state. The senators are also elected by popular vote. Each member of a state can elect a senator. In this regard, the people practice direct democracy by electing the leaders of their choice (Dahl). According to the constitution, for one to be eligible to vie for this position, they must be at least 30 years old. Further, they should have been citizens of the united states for at least nine years (“Constitution of the United States,” art. 1, sec. 3). The constitution also highlights that in case vacancies arise, the governor of the state appoints a senator who serves until a special election can be held. Further, the constitution outlines that the vice president of the United States shall be the president of the Senate. However, the vice president doesn’t have a vote unless there is a tie in the issue being discussed (“Constitution of the United States,” art. 1, sec. 3)
The constitution also highlights the responsibilities of the two houses. The Senate has the power to try all impeachments according to the constitution (“Constitution of the United States,” art. 1, sec. 3). For instance, during the impeachment of a seating president, the chief justice shall preside over the Senate, and a 2/3 majority can only approve the impeachment. Further, the constitution also outlines that judgement in cases of impeachment shall not extend further than removal from office and disqualification to hold office (“Constitution of the United States,” art. 1, sec. 3)
Congress has the power to draft and pass legislation, initiate revenue bills, declare wars, raise the military, and check the other two branches of the government. Further, the Senate has the sole power to confirm presidential appointments requiring consent. The Senate and the House of Representatives also provide oversight on the activities of the executive through various committees created for that task (“Constitution of the United States,” art. 1, sec. 7). Further, every bill must pass through the house of representatives and the Senate. But before it becomes law, the president must approve and sign it. If the president doesn’t approve it, then it will be returned to the house it originated with the objection from the president. The bill shall then be reconsidered, and if a two-thirds majority in both houses votes for it, it shall then become law.
Through the first article, the constitution of the United States lays down the important elements of American democracy. The constitution not only allows people to practice direct democracy through voting but also outlines the elements of representative democracy and the powers of both houses (Dahl).
Article two of the constitution, on the other hand, outlines the role of the executive. The president and the vice president head the executive. The article outlines the criteria for the election of the president and the vice president (“Constitution of the United States,” art. 2, sec. 1). The participation of people in this election is a form of democracy.
How the constitution and the bill of rights continue to shape the function of American governmental institutions.
The constitution of the United States clearly defines governmental institutions and highlights their functions and powers. The constitution highlights three major arms of the government, including legislature, executive and judiciary. The legislature, which is formed of two houses, the house of representatives and the Senate, is elected by the people. The composition of the legislature is found in the first article of the constitution (“Constitution of the United States,” art. 1, sec. 1). The various sections in this article define how the election of members of the two houses will be contacted, who will be viable to vie, the term of service of the members of the two houses and their duties, powers and responsibilities.
For example, the constitution highlights that the Senate will be composed of senators elected by the people (“Constitution of the United States,” art. 1, sec. 3). Each member state will have two elected senators who shall serve for a term of six years. However, the elections will be conducted in a way a third of the members of the Senate are up for election every two years (“Constitution of the United States,” art. 1, sec. 3). The constitution also highlights that the vice president will be the president of Senate but shall not have a vote unless there is a tie in a policy issue being discussed in the house (“Constitution of the United States,” art. 1, sec. 3). In this regard, the constitution defines and highlights the composition of the Senate. And its main functions. For instance, the constitution highlights that the Senate shall have sole jurisdiction in hearing impeachment.
On the other hand, the house of representatives is also contained in the constitution under article one, section one. The house of representatives will comprise elected members. The number of elected members per state shall be determined by the population of that state (“Constitution of the United States,” art. 1, sec. 1). The members of this house must be at least 25 years old and must have been citizens of the united states for at least seven years (“Constitution of the United States,” art. 1, sec. 1). This house will have the jurisdiction to initiate revenue bills. Further, both houses will have the power to initiate and pass policies. Upon which the president shall approve and sign. The constitution vests on the Congress the power to declare war, raise a military, initiate revenue bills, approve government appointments, and provide oversight on the activities of the government. In so doing, the constitution determines the functions of these government institutions.
The second article of the constitution also describes the functions and composition of the executive. According to the constitution, the executive will be headed by the president, who will be elected through the electoral college. The constitution also defines the powers of the president. According to the constitution, the president is the commander in chief of the armed forces of the United States and of the forces of the states if need be (“Constitution of the United States,” art. 2, sec. 2). The president shall also have the power with the approval of the Senate to make and initiate treaties on behalf of the country. Further, the president shall also provide information to Congress on the state of the union (“Constitution of the United States,” art. 2, sec. 2).
The third article of the constitution also defines the judiciary’s composition and powers. According to the constitution in article three section one, judicial power is vested in the supreme court and other inferior courts which are established by the Congress (“Constitution of the United States,” art. 3, sec. 1). The judiciary shall have the powers to hear all cases arising within the constitution, the treaties made, controversies between states, controversies between states and citizens and controversies between citizens.
The bill of rights, on the other hand, contains the right of the citizens. The bill of rights spells out Americans’ rights with respect to the government. It also relegates all the powers not vested in the federal government to the people and state governments. For instance, the first amendment gives people the right to speech and religion (Bill of Rights, amend 1). The second amendment gives citizens the right to bear arms. (Bill of Rights, amend 2). The fourth amendment protects citizens against unreasonable searches and seizures by government or governmental institutions like the police (Bill of Rights, amend 4). The fifth, sixth and seventh Amendments establish various rights regarding the judiciary. For instance, the right to a fair trial by a grand jury, the right to protect against self-incrimination, the right to face one’s accuser and offers protection against cruel punishment.
The bill of rights, therefore, manages the functions of government institutions by enacting limits to their power. For instance, Congress shall not pass any law that prohibits people from engaging in their religion. On the other hand, the fourth amendment prohibits the government from exploiting citizens’ privacy through unreasonable searches and seizures (Obasogie et al., 1288). In this regard, the police must show cause before searching one’s car, house or any place with a reasonable expectation of privacy.
Conclusion
Many countries in the 21st century have a democratic form of governance. The democratic styles differ from one country to another. For instance, the United States has an American-style democracy, while China has a different democratic style. The United States has a representative democracy. In this case, the people’s will is expressed by representatives elected by the people. The functionalities and qualifications for election are contained in the constitution. As such, the constitution is the basis of democracy in the United States.
Works Cited
Dahl, Robert A. On democracy. Yale university press, 2020.
Obasogie, Osagie K., and Zachary Newman. “The endogenous Fourth Amendment: An empirical assessment of how police understandings of excessive force become constitutional law.” Cornell L. Rev. 104 (2018): 1281.
The Bill of Rights. National Archives, U.S. National Archives and Records Administration. September 20, 2022. Retrieved from: https://www.archives.gov/founding-docs/bill-of-rights
The Constitution of the United States: A Transcription. United States Senate. https://www.senate.gov/civics/constitution_item/constitution.htm#a1