Omar Bennett
A constitution is a set of fundamental principles that form the legal basis of a country, organisation, or other types of entities, determining how they are governed. The US Constitution, for example, establishes a national government with three branches: legislative, executive, and judicial, each with their own powers and a system of checks and balances to prevent the dominance of any one branch. It also divides power between the federal government and the states, and protects the liberties of American citizens. The structure of a government is often a reaction to historical context, such as the limitations placed on the US federal government being influenced by the tyranny of British rule. Constitutions can also be entrenched, making certain amendments difficult or impossible to pass, such as the US Constitution's entrenched clause protecting equal suffrage of the states within the Senate.
| Characteristics | Values |
|---|---|
| Determines how an entity is governed | Constitutions determine how an entity is governed and can apply to different levels of organizations, from sovereign countries to companies and unincorporated associations. |
| Legal basis | Constitutions are the legal basis of an entity and outline the structure and operation of the government. |
| Fundamental principles | Constitutions are made up of fundamental principles that establish the legal basis of an entity. |
| Coordination device | Political economy theory views constitutions as coordination devices that prevent rulers from abusing power by incentivizing them to honor citizens' rights. |
| Self-enforcing equilibria | Constitutions can be characterized by a self-enforcing equilibria between rulers and powerful administrators, where rulers rely on organizations (courts, police, etc.) to implement policies. |
| Written or unwritten | Constitutions may be written or unwritten; the UK Constitution is an example of an unwritten constitution, while the US Constitution is a written constitution. |
| Amendment process | Constitutions may outline an amendment process, such as in the US Constitution, which details a more difficult process for amending the Constitution compared to making laws. |
| Entrenchment clauses | Constitutions may contain entrenchment clauses that make certain amendments more difficult or impossible to pass, such as the US Constitution's clause protecting equal suffrage in the Senate. |
| Ratification process | Constitutions may outline a ratification process, such as the US Constitution, which required nine states to ratify it. |
| Judicial review | While the US Constitution does not expressly authorize judicial review, precedent has established that courts can exercise judicial review over Congress and the executive branch. |
| Powers of the judiciary | The US Constitution outlines the powers of the judiciary, including their responsibility to uphold the Constitution as the supreme law of the land. |
| Rights and liberties | Constitutions outline the rights and liberties of citizens, such as the right to keep and bear arms, protection against unreasonable searches and seizures, and the prohibition of cruel and unusual punishments. |
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What You'll Learn
The US Constitution outlines the structure of the government
The US Constitution outlines the structure of the federal government, dividing it into three branches: the legislative, executive, and judicial. This tripartite system ensures a balance of power, preventing any individual or group from holding too much influence.
The legislative branch is comprised of Congress, which includes the Senate and the House of Representatives. This branch is responsible for creating legislation and providing support services to Congress. The executive branch is headed by the President, who serves as the head of state, leader of the federal government, and Commander-in-Chief of the armed forces. This branch also includes the Cabinet, which is made up of advisors to the President, such as the Vice President and heads of executive departments. The judicial branch, meanwhile, encompasses the Supreme Court and other federal courts, tasked with interpreting and applying the law.
Each branch possesses the ability to respond to the actions of the others, creating a system of checks and balances. For instance, the President can veto legislation created by Congress, but Congress also has the power to confirm or reject the President's nominees for important positions. In extraordinary circumstances, Congress even has the authority to remove the President from office.
The US Constitution, therefore, not only outlines the structure of the government but also establishes a system of accountability and shared powers, preventing the concentration of authority in any one branch.
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It establishes the three branches of government
Constitutions deal with both structure and policy, and a key example of this is how they establish the three branches of government. The US Constitution, for instance, divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much power.
The legislative branch, also known as Congress, is made up of the Senate and the House of Representatives. The basic function of this branch is to make laws for the nation. The number of representatives each state has depends on its population. The legislative branch also confirms or rejects presidential nominations for heads of federal agencies, federal judges, and the Supreme Court.
The executive branch is headed by the President, who enforces the laws made by the legislative branch. The President is the Commander-in-Chief of the armed forces and is supported by the Vice President, who becomes President if the President is unable to serve. The executive branch also includes various executive departments and agencies that fall under the President's direct control.
The judicial branch includes the Supreme Court and lower courts located in each state. The Supreme Court is made up of nine Justices who interpret laws according to the Constitution and hear cases pertaining to constitutional issues. The Justices are nominated by the President and confirmed by the Senate. They can overturn unconstitutional laws.
Each branch of the US government can check the powers of the other two branches. For example, the President can veto legislation created by Congress, while Congress can remove the President from office in exceptional circumstances. The three branches of government established by the US Constitution provide a system of checks and balances that ensures a balance of power and protects against the concentration of power in any one individual or group.
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It defines the relationship between the states and the Federal Government
The US Constitution defines the relationship between the states and the federal government through federalism, outlining the division of power and the scope of federal power. Federalism has evolved over four distinct phases in US constitutional history: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present.
In 1787, the Constitution replaced the Articles of Confederation, which was a treaty among sovereign states. The new Constitution was ratified by the people in state conventions, shifting the power to act on behalf of the citizenry directly to the national government. This marked a significant shift in the dynamic between the states and the federal government.
The relationship between the states and the federal government is deeply integrated and interactive. They work closely together in various regulatory arenas, including policy implementation and law enforcement. For example, the Affordable Care Act and laws in areas such as telecom, AFDC, Medicaid, drug enforcement, workplace safety, healthcare, immigration, and national security.
While federalism aims to protect the rights retained by the people, the balance of power between the states and the federal government is a delicate matter that has been contested throughout history. The federal government's power must be defined in relation to the states, and vice versa, to ensure effective governance and protect states' rights.
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It establishes the process for amending the constitution
The process for amending the US Constitution is derived from Article V of the Constitution. The Constitution outlines two methods for proposing amendments: the first method involves a two-thirds majority vote in both the House of Representatives and the Senate, while the second method requires a constitutional convention called for by two-thirds of the state legislatures. Notably, none of the 27 amendments to the Constitution have been proposed by a constitutional convention.
Once an amendment is proposed, the Archivist of the United States, who leads the National Archives and Records Administration (NARA), is tasked with overseeing the ratification process. The Archivist has delegated many of the associated duties to the Director of the Federal Register, who follows established procedures and customs.
The proposed amendment is then submitted to the states for ratification. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50 states). When a state ratifies, it sends an original or certified copy of the action to the Archivist, who forwards it to the Director of the Federal Register for examination and custody.
After an amendment is ratified by the required number of states, the Office of the Federal Register (OFR) drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete. The signing of this certification has become a ceremonial function attended by dignitaries, including the President.
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It determines the rights and liberties of citizens
A constitution determines the rights and liberties of citizens by establishing a framework for the operation of a government. It describes the underlying principles of the people and the government, the structure of the branches of government, and their duties. The constitution of a country delineates the degree of freedom of action that the government allows its citizens. This degree of freedom varies depending on the political system in place. For instance, an individualist system emphasizes individuals over the community, including the government, while a communitarian system emphasizes community cohesiveness while recognizing the importance of individual freedoms.
The US Constitution, for example, guarantees basic rights to all individuals, regardless of their immigration status. It also establishes civil rights, which refer to equal treatment under the law and freedom from discrimination. The first ten amendments to the Constitution make up the Bill of Rights, which was added to limit government power and protect individual liberties. The Bill of Rights includes the right to freedom of speech, freedom of religion, the right to bear arms, and the right to be free from cruel and unusual punishment.
The US Constitution also provides for due process of law, which means that the government must follow duly enacted laws when restricting or denying fundamental rights, including a person's rights to life, liberty, or property. The due process clause applies to all persons, not just US citizens. It includes both procedural and substantive aspects, ensuring that the government interacts with individuals according to written guidelines and that individuals are treated fairly in their dealings with the government.
The US Constitution has been amended over time to expand and protect civil liberties further. For example, the 13th Amendment ended slavery nationwide, and the 14th Amendment granted citizenship to all persons born or naturalized in the United States, prohibiting states from violating their privileges or immunities. These amendments demonstrate how the constitution plays a crucial role in determining and safeguarding the rights and liberties of citizens.
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