The Us Constitution: Self-Directed Or Influenced?

The US Constitution is the framework for the US government, and it outlines the powers and functions of the three branches of government. It is a living document that has been interpreted and re-interpreted over time, with each successive President expanding their power by building on the actions of their predecessors. The Constitution does not set its own agenda in the sense that it does not define government powers or individual rights, but it does provide a structure for how the government should operate and the principles that should guide it. The preamble to the Constitution sets out the aspirations of We the People for a more perfect union, justice, domestic tranquility, common defence, general welfare, and liberty. It is important to note that the Constitution was designed to allow the branches of government to check and balance each other's powers.

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The role of the preamble

The Preamble to the United States Constitution was placed in the document during the final days of the Constitutional Convention by the Committee on Style, led by Gouverneur Morris. It serves as an introduction to the Constitution, setting the stage and communicating the intentions of its framers. The Preamble does not assign powers to the federal government or define individual rights. Instead, it outlines the objectives of the Constitution, including establishing justice, ensuring domestic tranquility, providing for the common defence, promoting the general welfare, and securing liberty for the people and their posterity.

The Preamble's reference to the "United States of America" has been interpreted to explain the nature of the federal government created by the Constitution. In contemporary international law, a state is considered sovereign if its ruling inhabitants are the supreme authority. While the individual states were once recognised as sovereign, the Supreme Court has held that the "United States of America" is a single sovereign nation in the context of foreign affairs and international relations.

The Preamble has been used by the courts to interpret the Constitution and understand its meaning and spirit. For example, in the case of Ellis v. City of Grand Rapids, the court pointed to the Preamble's reference to "promoting the general Welfare" to support the use of eminent domain for the development of hospital and medical care centres, as it was in the interest of public health and welfare.

While the Preamble is not law itself, it provides context and guidance for interpreting the Constitution and has been used by the courts to inform their decisions and shape their understanding of the document's purpose and intent. It serves as a foundational element of the Constitution, setting the tone and outlining the key objectives that the rest of the document seeks to achieve.

Presidential power

The US Constitution grants extensive powers to the President of the United States. The executive power of the country is vested in the President, who is elected for a term of four years. The President is the Commander-in-Chief of the US Army, Navy, and Militia of the several States. They have the power to grant reprieves and pardons for offences against the US, except in cases of impeachment. The President also has the power to commission the officers of the United States and to make treaties, with the advice and consent of the Senate.

The President's power has expanded over time due to several factors. Firstly, the Presidency has become the focus of national power and culture, allowing the President to set the political agenda. Secondly, each successive President has built upon the actions of their predecessors, expanding the scope of presidential power. Thirdly, the expansion of the federal government has given the President jurisdiction over a wide range of issues, from prescription drugs to economic development. As the head of the federal government, the President has access to unparalleled resources, including military intelligence and the assistance of federal agencies.

The President's power is also influenced by the dynamic between the executive branch and Congress. When the President and Congress are controlled by different parties, Congress may rigidly oppose the President's agenda, leading to claims of "obstructionism". This can result in the President using unilateral executive power to advance their agenda.

While the President has significant powers, there are also constraints. The Constitution does not grant the President the authority to authorize private violations of the law or to nullify laws. There are debates about whether the President must enforce laws they believe to be unconstitutional, with some scholars arguing that Presidents must enforce all congressional laws regardless of their personal opinions.

Individual rights

The US Constitution, and the Bill of Rights, which comprises the first ten amendments, guarantees a number of individual rights and civil liberties.

The First Amendment protects freedom of religion, speech, press, and assembly. It also protects the right to express ideas through these mediums, to assemble or gather with a group to protest, and to petition the government. It prevents the government from creating or favouring a religion and guarantees an individual's right to be exposed to a wide range of opinions and views.

The Second Amendment protects the right to keep and bear arms. The Third Amendment prevents the government from forcing individuals to provide lodging to soldiers in their homes without consent. The Fourth Amendment protects against unreasonable search and seizure of an individual or their property.

The Fifth Amendment provides several protections for people accused of crimes, including the right against self-incrimination, the right to not have property taken away without just compensation, and the right to due process of law. It also protects against double jeopardy, or being tried twice for the same offence. The Sixth Amendment provides additional protections for people accused of crimes, including the right to a speedy and public trial, an impartial jury, and to be informed of criminal charges.

The Eighth Amendment protects people from excessive bail or fines and from cruel and unusual punishment. The Ninth Amendment states that individuals have other fundamental rights beyond those explicitly stated in the Constitution. The Tenth Amendment states that the Federal Government only has the powers delegated to it in the Constitution.

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Amendments

The US Constitution has 27 amendments, beginning with the Bill of Rights, the first ten amendments, which were ratified on December 15, 1791. The first eight amendments are listed below:

• The First Amendment guarantees individuals the right to express and be exposed to a wide range of opinions and views. It also guarantees freedom of assembly and the right to petition the government for a redress of grievances.
• The Second Amendment (1791) protects the right of individuals to keep and bear arms.
• The Third Amendment (1791) prohibits the federal government from forcing individuals to provide lodging to soldiers in their homes without their consent.
• The Fourth Amendment (1791) protects people against unreasonable searches and seizures of either self or property by government officials.
• The Fifth Amendment (1791) states that no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a Grand Jury.
• The Sixth Amendment (1791) guarantees the right to a speedy trial by an impartial jury of one's peers, as well as the right to counsel and to confront one's accusers.
• The Seventh Amendment (1791) guarantees the right to a trial by jury in certain civil cases.
• The Eighth Amendment (1791) protects people from excessive bail or cruel and unusual punishment.
• The Ninth Amendment (1791) declares that individuals have other fundamental rights beyond those stated in the Constitution.

Some other notable amendments include:

• The Eighteenth Amendment (1919), which established prohibition, was repealed by the Twenty-first Amendment (1933), which returned the regulation of alcohol to the states.
• The Nineteenth Amendment (1920), which granted women the right to vote.
• The Twenty-second Amendment (1951), which established a two-term limit for the President.

Congress and the Constitution

The US Constitution is a framework for the US government, with Congress at its heart. It is Congress that is explicitly given the power to make laws, and it is Congress that is empowered to propose amendments to the Constitution.

The Constitution is clear that all legislative powers are vested in Congress, which consists of a Senate and a House of Representatives. The House of Representatives is chosen by the people, with members elected every two years. Each House is responsible for judging the elections, returns, and qualifications of its members, and each may determine the rules of its proceedings.

The Constitution also grants Congress the power to dispose of and make rules and regulations respecting the territory or other property belonging to the United States. It also guarantees each state a republican form of government and protection against invasion and domestic violence.

However, in practice, the US Constitution does not set its agenda. The President has become the dominant force in US politics, with the ability to set the political agenda. This is due to a number of factors, including the expansion of federal government, the need for quick decision-making, and the resources available to the President. This has resulted in an imbalance between the branches of government, with Congress sometimes rigidly opposing the President's agenda, allowing the President to claim that their use of unilateral executive power is necessary.

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