The Constitution's Ambiguity

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The preamble of the Constitution lays out six reasons for its establishment of which two reasons standout, the establishment of justice and providing for the common defense. The national security of the United States was of paramount importance to our founders and remains so today after over 200 years. While there is no clear answer on how to achieve security, our constitutional system of government provides the framework for seeking its ends. The Constitution itself, in its ambiguity and deliberate requirement for interpretation, along with the elements of division of power and the rule of law, play key roles in how our government provides the blanket of security for our nation. This paper will explore how these elements complement and contrast one another in providing our government leaders the tools to achieve national security.

The division of power is one of the most often cited principles of our constitutional system. For example, in terms of foreign policy, the Senate must provide advice and consent to the president when making treaties and appointments. Conversely, the constitution grants Congress the authority to declare war and provide the military funding while the President acts as the commander in chief of the armed forces. This sharing of power creates friction between the executive and legislative branches when they are in disagreement and “is an invitation to struggle for the privilege of directing American foreign policy”.

For our government to function it must be able to resolve the conflicts that arise as a result of this ‘struggle’. The rule of law is the principle that enables reconciliation and its primacy to the successful implementation of our government cannot be understated. Simply stated t...

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The judicial branch will continue to play a vital role in the ‘struggle’ for power in foreign affairs and the use of armed forces. We will surely see public debate and congressional involvement over a recent decision by President Obama that authorized the ‘targeted killing’ of a US citizen abroad without due process under the pretext 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 requirement for interpretation. National security will remain the principal task of our government; and the Constitution’s ambiguity, separation of powers, and lawful supremacy will ensure our nation’s policies and actions are grounded in situational context and always open to public scrutiny and debate.

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