Simone Lawson
The U.S. Constitution, written and signed in 1787, is the fundamental framework of America's system of government. It is considered surprising by some due to its brevity and the fact that it is the world's shortest and oldest national constitution. The Constitution has endured as one of the longest-lived and most emulated constitutions globally, providing a powerful vision of freedom. However, it has also been criticised for its lack of explicit provisions for fundamental economic rights and its failure to address racial discrimination explicitly. The process of appointing Supreme Court justices and the role of anti-Federalists in shaping the Constitution are also surprising aspects that contribute to ongoing debates about its interpretation and application.
| Characteristics | Values |
|---|---|
| Age | The U.S. Constitution is the world's oldest national constitution. |
| Length | It is also the world's shortest national constitution. |
| Purpose | The Preamble of the U.S. Constitution states that its purpose is to "form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty." |
| Ratification | Ratification by 9 of the 13 states enacted the new government. |
| Amendments | Some believe that reforms are needed to the process of appointing justices to the Supreme Court. |
| Comparison with other constitutions | The South African Constitution, for example, explicitly allows for laws aimed at advancing equity for historically disadvantaged groups. |
| Separation of powers | The U.S. Constitution separates the powers of government into three branches: the legislative, executive, and judicial branches. |
| Checks and balances | The U.S. Constitution sets up a system of checks and balances to ensure no one branch has too much power. |
| Federalism | The U.S. Constitution divides power between the states and the federal government. |
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What You'll Learn
The US Constitution's history of racial discrimination
The US Constitution, the oldest and longest-standing written and codified national constitution, has a long history of racial discrimination. The document, which was signed by 38 delegates on September 17, 1787, created a powerful central government and set the terms for its ratification. While it was influenced by European Enlightenment thinkers like Montesquieu and John Locke, the history of racial discrimination in the US Constitution is evident in several aspects.
One example is the Three-Fifths Compromise, which was a compromise between delegates from northern and southern states during the Constitutional Convention. This compromise stated that for representation and tax purposes, each slave would count as three-fifths of a person. This compromise gave the southern states more representation in Congress and reinforced the institution of slavery.
Another example of racial discrimination in the US Constitution is the lack of protection for Native Americans. The Constitution did not recognize Native American tribes as sovereign nations, and it allowed the federal government to make treaties with them, which often resulted in the forced removal of Native Americans from their lands. Additionally, the Constitution did not grant Native Americans the right to vote, and it was not until the Indian Citizenship Act of 1924 that Native Americans were granted citizenship and the right to vote.
The Constitution also failed to address the issue of racial discrimination against African Americans. While the Fifteenth Amendment, ratified in 1870, explicitly prohibited denying the right to vote based on race, it did not prevent the enforcement of Jim Crow laws in the South, which solidified white supremacist rule. These laws disenfranchised prospective Black voters and contributed to the widespread racial discrimination faced by African Americans.
Furthermore, the Constitution has been interpreted in ways that have perpetuated racial discrimination. For example, the Supreme Court has ruled on cases that have impacted the voting rights of racial minorities, such as the Hunter v. Underwood case in 1985, where the Court struck down Alabama's disenfranchisement scheme for people with felony convictions, concluding that it was motivated by racial animus and was unconstitutional.
In conclusion, while the US Constitution has undergone amendments and interpretations to address racial discrimination, its history is marred by instances of racial discrimination against various ethnic groups, including Native Americans, African Americans, and Asian Americans. The legacy of these discriminatory practices continues to have an impact on the present day, and efforts to address these disparities and promote racial equality remain ongoing.
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The Articles of Confederation's inadequacies
The Articles of Confederation was the United States' first written constitution, drafted in 1777 and ratified in 1781. It was the new nation's first attempt at a national government, and it granted Congress the authority to make treaties, declare war, and manage foreign relations, and maintain armed forces. However, the Articles of Confederation had several inadequacies that became apparent over time.
Firstly, the Articles of Confederation lacked a strong central government. Congress had limited power and lacked the ability to enforce laws or raise taxes, making it difficult to repay the nation's debts from the Revolutionary War. The central government also lacked the authority to regulate commerce and protect or standardize trade between states and foreign nations. This inability to regulate trade and negotiate effectively weakened the American economy and exacerbated regional tensions.
Secondly, the Articles did not provide for an executive or judiciary branch, which are essential for a system of checks and balances in the government. The lack of a strong central government and enforcement powers left the new nation vulnerable to external threats and diplomatic marginalization, as it struggled to maintain sovereignty and navigate alliances and conflicts with European powers.
Thirdly, the Articles of Confederation could not effectively settle disputes between states, particularly regarding territory, taxation, and trade. States' disputes over territory, such as western land claims, and disagreements over taxation and trade policies, threatened to tear the young country apart. The Confederation Congress lacked the leverage to resolve these disputes and address regional and national interests effectively.
Finally, the Articles of Confederation suffered from a lack of respect and support from state governments, which were anxious to maintain their power. State governments often failed to comply with Congress's requests for funds or proposals to grant it limited power over commerce, highlighting the limited authority of the central government.
In summary, the inadequacies of the Articles of Confederation included a weak central government, lack of enforcement powers, inability to regulate commerce and trade, ineffective dispute resolution between states, and a lack of respect and support from state governments. These weaknesses ultimately led to the convening of the Constitutional Convention in 1787 to create a new federal government under the United States Constitution.
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The Philadelphia Convention
The Articles of Confederation had established the Confederation Congress, which had the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, and the authority to print money. This led to disputes among the states over territory, war pensions, taxation, and trade, threatening the unity of the young nation.
Alexander Hamilton played a key role in convincing Congress to organize the Philadelphia Convention, with the stated purpose of revising the Articles of Confederation. James Madison of Virginia and other leading proponents, however, sought to create a new frame of government rather than simply revise the existing one. They envisioned a stronger national government with more specific powers, particularly in conducting foreign relations.
The convention was attended by delegates from 12 states, with Rhode Island being the only state that refused to send representatives. George Washington of Virginia, a proponent of a stronger national government, was elected unanimously as the convention's president. The delegates debated and proposed various outlines for the new government, with Madison's Virginia Plan ultimately being selected as the basis for the new government.
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The role of the Supreme Court
The Supreme Court is the highest court in the United States, consisting of nine judges who are chosen by the President and confirmed by the Senate. The members of the Court are independent of the political branches of the Government, including the Legislative Assembly and the Executive. They are free to determine cases before the Court without any influence from these branches, ensuring fair and impartial rulings.
One of the most critical powers of the Supreme Court is Judicial Review, which allows the court to declare any legislation or executive act unconstitutional. This power significantly impacts society as it ensures that government policies and actions align with the Constitution and protects citizens' rights and civil liberties. The Supreme Court also hears cases that involve interpreting legislation, protecting civil rights, and resolving disputes between states, including those related to treaties.
The independence of the Supreme Court is crucial to its function. The members of the Court are not public servants, and they are appointed for life, which helps to ensure their decisions are impartial and free from political influence. The Court's independence is further reinforced by the removal process for judges, which can only occur due to proven misbehaviour or incapacity.
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The spread of democratic ideals
The US Constitution was an extraordinary achievement, a compromise between differing interests and views, and it has endured as one of the longest-lasting and most emulated constitutions globally. The founding fathers, including George Washington, James Madison, and Alexander Hamilton, were wary of centralized power, and their young country faced potential collapse due to state disputes. They created a strong federal government, bypassing state legislatures and calling for ratifying conventions in each state. This was a significant step towards a more unified nation.
The US Constitution's impact can be seen in the South African constitution, which draws from global and national experiences with racial discrimination. South Africa's constitution explicitly allows for laws addressing racial discrimination and its aftermath, including rights to housing, education, and economic survival. This is a notable contrast to the US Constitution, which does not explicitly provide for these rights, and some argue that reforms are needed to uphold human rights and equality, especially regarding Supreme Court justice appointments.
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Frequently asked questions
The US Constitution was written a few years after the Revolutionary War, at a time when James Madison, Alexander Hamilton, and George Washington feared that their young country was on the brink of collapse. America's first constitution, the Articles of Confederation, gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers and could not regulate commerce or print money. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the country apart.
One surprising aspect is that the delegates tasked with revising the existing government came up with a completely new one, creating a powerful central government despite their wariness of centralized power. Another surprising fact is that the US Constitution, despite being the world's oldest national constitution, is neither too rigid nor too malleable, striking a balance between stability and adaptability.
The interpretation and application of the US Constitution have been the subject of ongoing debate and evolution. For example, the anti-Federalists criticized the proposed Constitution for its vagueness and lack of specific protections against tyranny, demanding a more concise and unequivocal document. Over time, there have also been calls for reforms to the process of appointing justices to the Supreme Court to ensure the protection of human rights and equality. Additionally, some argue that the US Constitution could benefit from a more explicit articulation of fundamental economic rights, similar to those recognized in the South African Constitution.
