Simone Lawson
The US Constitution established a federal democratic republic, with the federal government being a government of limited powers. The Constitution outlines the US judicial system, including the Supreme Court, which has the power to interpret the Constitution and decide on Constitutional issues of state law. The federal system has been described as having yielded enormous advantages for protecting the rights of the people. The Fourteenth Amendment, for example, forbade states from violating the fundamental rights of their citizens, placing new federal constraints on state governments.
| Characteristics | Values |
|---|---|
| Purpose | To establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure liberty |
| Power | Shared between the federal government and state governments |
| Court System | Federal courts have jurisdiction over actions by government officers and state law |
| Court System | Federal courts may rule on whether branches of the national government conform to the Constitution |
| Court System | The Supreme Court has discretionary jurisdiction |
| Court System | Federal courts have criminal and civil contempt powers |
| Court System | Federal courts have injunctive relief and habeas corpus powers |
| Court System | Federal courts can imprison for contumacy, bad-faith litigation, and failure to obey a writ of mandamus |
| Court System | Federal courts have jurisdiction over rules of law and punishment |
| Court System | Federal courts can interrupt state court proceedings in limited circumstances |
| Court System | Federal courts exercise judicial review over the actions of Congress and the executive branch |
| Court System | Federal courts give "full faith and credit" to State Courts |
| Court System | The Supreme Court decides Constitutional issues of state law on a case-by-case basis |
| Fourteenth Amendment | Forbade states from violating the fundamental rights of their citizens |
| Fourteenth Amendment | Granted Congress the power to enforce federal constraints on state governments |
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What You'll Learn
The US Constitution establishes a federal democratic republic
The Constitution outlines the US judicial system, including the Supreme Court and its jurisdiction. Federal courts have the power to interpret and apply the law, and they can regulate the government under the Constitution. The Constitution also grants federal courts criminal and civil contempt powers, as well as the power to punish, sentence, and direct future action to resolve conflicts.
The US Constitution is democratic because the people govern themselves, and it is a republic because the government's power is derived from its people. The Founding Fathers established three main principles for the government: inherent rights, popular sovereignty, and the idea of "We the People".
The Constitution also includes Reconstruction Amendments, which ushered in "Fundamental Rights Federalism". These amendments forbade states from violating the fundamental rights of their citizens and granted Congress the power to enforce those rights. The federal government's role is to "establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty" for its citizens.
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Federalism and the scope of federal power
Federalism is a system of government in which some powers are delegated to the national government, while others are reserved for the states. In the United States, the Constitution establishes a federal system with two levels of government: the federal government, consisting of the executive, legislative, and judicial branches; and the 50 state governments, each with their own powers and sovereignty. The US Constitution, ratified by the people in state conventions, replaced the Articles of Confederation, which functioned more as a treaty among sovereign states.
The Founding Fathers intended for the federal government to have limited powers, with most powers remaining in the hands of the states. This is reflected in James Madison's statement in The Federalist Papers: "The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite." The Constitution grants the federal government the power to regulate trade between states, declare war, manage the mail, print money, and more. State governments typically oversee education, roads, driver's licenses, police departments, elections, and shared powers with the federal government, such as taxation and establishing courts.
Federalism in the US has evolved through four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. The New Deal significantly expanded federal regulatory power, with the Court relying on the Commerce Clause and the Necessary and Proper Clause to increase Congress's reach. This shift marked the end of Enumerated Powers Federalism, as the federal government could now regulate intrastate economic activity that substantially affects interstate commerce.
The Reconstruction Amendments, including the Fourteenth Amendment, also played a pivotal role in shaping federalism. The Fourteenth Amendment forbade states from violating their citizens' fundamental rights and granted Congress the power to enforce these constraints. Through cases like Lochner v. New York and Buchanan v. Warley, the Supreme Court began to protect economic liberties and civil rights, signalling a departure from Fundamental Rights Federalism.
Federalism continues to pose challenges for judges, as they navigate the delicate balance between federal and state powers. The Supreme Court's decisions can either curtail or expand Congress's reach, impacting the scope of federal power and the dynamics of federalism in the United States.
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The role of the Supreme Court
The US Constitution establishes a federal judiciary system, with the Supreme Court at its apex. Article III, Section I of the Constitution states:
> "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
The Supreme Court is the highest court in the United States and is the final arbiter of justice and interpreter of the Constitution. It plays a crucial role in maintaining the balance of power between the federal government and the states, ensuring that each branch of government recognises the limits of its authority.
The Supreme Court's power of judicial review allows it to strike down laws that violate the Constitution, thereby protecting civil rights and liberties. This power was notably exercised in the aftermath of the Civil War, with the passage of the Fourteenth Amendment, which extended the protections of the Bill of Rights to the states. The Court has original jurisdiction over cases between states, and those involving ambassadors, and appellate jurisdiction over almost all cases involving constitutional or federal law.
The Supreme Court's decisions have had a profound impact on American society, with landmark cases such as Tinker v. Des Moines Independent School District (1969), which affirmed the right of students to free speech and expression, even in a school setting. The Court has also played a significant role in shaping civil rights, as seen in cases like Plessy v. Ferguson (1896) and Brown v. Board of Education (1954), where it ruled on the constitutionality of racial segregation.
The Supreme Court's nine justices, including the Chief Justice, are appointed by the President and confirmed by the Senate. They typically serve for life, with their independence safeguarded by fixed salaries and the inability to have their salaries decreased during their term.
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The rights of states and citizens
The US Constitution establishes a federal system, which has yielded enormous advantages for protecting the rights retained by the people. The Tenth Amendment reserves powers for the states, and the people, that are not delegated to the United States by the Constitution. This includes the right to speak and worship freely, as a natural right protected by the First Amendment. The Fourth Amendment also protects citizens from unreasonable government intrusion in their homes, requiring a warrant for any search.
The Fourteenth Amendment was created to protect the rights of citizens and prevent states from violating their fundamental rights. It also ensured that once acquired, Fourteenth Amendment citizenship could not be "shifted, cancelled, or diluted" by any government unit. This amendment was a response to the Dred Scott Decision, which held that US citizenship was enjoyed by only two classes of people: white persons born in the US, and those who migrated and were naturalised. Freed slaves fell into neither category and were thus ineligible for citizenship. The Fourteenth Amendment overrode this, and the Civil Rights Act of 1866, ensuring citizenship by birth.
The Fourteenth Amendment also ensured that states could not deprive any person of life, liberty, or property without due process, and that all citizens are entitled to equal protection. This is further guaranteed by the Fifth Amendment, which states that no person shall be deprived of life, liberty, or property without due process, and that private property cannot be taken for public use without just compensation. The Fourteenth Amendment also granted Congress the power to enforce these constraints on state governments.
The rights of citizens are further protected by the Fourth, Fifth, Sixth, and Eighth Amendments, which guarantee citizens the right to a trial by jury, the right to confront witnesses, protection from self-incrimination, and protection from cruel and unusual punishment.
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Adapting the Constitution to changing conditions
The US Constitution has been adapted to meet the nation's changing needs, reflecting the changing times and addressing unforeseen concerns. This adaptability has allowed it to remain in effect for over 225 years.
One way the Constitution has been adapted is through formal amendments. Since its ratification in 1789, it has been amended 27 times. The first ten amendments, known as the Bill of Rights, were added in 1791 to guarantee liberties for American citizens. These amendments addressed concerns of Anti-Federalists that the Constitution did not adequately protect individual liberties.
The Thirteenth, Fourteenth, and Fifteenth Amendments, ratified after the Civil War, were significant in changing the lives of African Americans who had been enslaved. The Thirteenth Amendment abolished slavery, the Fourteenth granted citizenship and equal protection under the law, and the Fifteenth extended the right to vote.
Other amendments have rectified problems reflecting changing times. For example, the Twenty-First Amendment repealed the Eighteenth Amendment, which had prohibited the manufacture, import, and sale of alcoholic beverages.
In addition to formal amendments, the Constitution has also been adapted through legislation and the interpretations of the courts. Legislation passed to implement the Constitution or adapt it to changing conditions can subtly change the meanings of its words. The court system, established by the Constitution, interprets and applies the law, including the Constitution itself. The Supreme Court, in particular, has played a significant role in interpreting the Constitution and protecting civil rights.
However, there are differing views on whether the Constitution should be a "living" document that adapts to changing circumstances. Some argue that a living Constitution is manipulable and subject to the ideas of those in power, while others contend that common law traditions allow for adaptation within limits rooted in past practices.
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Frequently asked questions
The US Constitution established a Federal democratic republic. It outlines the system of the Federal Government, which is democratic as the people govern themselves, and is a republic as the government's power is derived from its people.
The US Constitution outlines the US judicial system, including the Supreme Court, Congress's power to create lower courts, and the right to a trial by jury in criminal cases. It also establishes the purpose of the Federal Government, which includes securing domestic tranquility, providing for the common defence, and promoting the general welfare of the people.
The US Constitution established a federal system by outlining the powers of the federal government and the states. The Tenth Amendment explicitly states that any powers not delegated to the federal government are reserved for the states or the people. The Supreme Court also plays a key role in interpreting the Constitution and ensuring that the federal government does not overstep its powers.
