Eleanor Finch
The US Constitution, the Declaration of Independence, and the Bill of Rights are the three most important documents in American history. The Declaration of Independence, which expresses the ideals on which the United States was founded, and the reasons for separation from Great Britain, influenced the US Constitution. The US Constitution was influenced by the Declaration of Independence, which was written by the Founding Fathers, who believed in the protection of individual human rights, and the principles of inalienable rights, equality, government by the consent of the governed, and civic duty. The US Constitution was also influenced by the Bill of Rights, which was added to the Constitution to guarantee individual freedoms.
| Characteristics | Values |
|---|---|
| Based on the idea that all people have certain fundamental rights that governments are created to protect | Common law rights, natural rights, freedom, equality, inalienable rights, liberty, limited government, individual rights, popular sovereignty |
| Separation of powers | Separation of power between legislative, executive and judicial branches of government |
| Written by people of similar backgrounds | Educated white men of property |
| Written by a congress and convention in Philadelphia | Declaration and Constitution were drafted by a congress and a convention that met in the Pennsylvania State House in Philadelphia in 1776 and 1787 |
| Written to justify breaking away from a government | Declaration was designed to justify breaking away from the British Empire |
| Written to establish a government | Constitution and Bill of Rights were designed to establish a government |
| Written to include a bill of rights | Bill of Rights was proposed by the Congress that met in Federal Hall in New York City in 1789 |
| Written to be a living, breathing document | The founders believed the Constitution would require amendments from time to time |
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What You'll Learn
The Declaration of Independence
The ideals expressed in the Declaration of Independence influenced the structure and principles of the US Constitution. The Constitution defines the framework of the Federal Government of the United States, while the Declaration sets out the reasons for its separation from Great Britain and its system of monarchy. The Declaration's commitment to the protection of individual human rights is reflected in the Bill of Rights, which is comprised of the first 10 amendments to the Constitution, defining citizens' and states' rights in relation to the government.
Understanding the US Constitution: Examining the Clauses' Inclusion
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The Bill of Rights
The US Constitution was influenced by a number of founding documents, including the Declaration of Independence, which expresses the ideals on which the United States was founded and its reasons for separation from Great Britain. The Constitution defines the framework of the Federal Government of the United States.
The concepts codified in the Bill of Rights were built upon earlier documents, including the Virginia Declaration of Rights, the Northwest Ordinance, the English Bill of Rights, and the Magna Carta. The Bill of Rights was proposed in 1789, with 10 of the 12 proposed amendments being ratified in 1791.
The Evolution of "Under God" in the Constitution
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Separation of powers
The principle of separation of powers is deeply ingrained in American society. The US Constitution divides the powers of the government into three branches: the legislative, the executive, and the judiciary. Each branch has defined authority and powers to check the powers of the others, preventing the abuse of power and safeguarding against tyranny.
The concept of separation of powers was heavily influenced by the writings of Charles de Secondat, Baron de Montesquieu, in "The Spirit of the Laws." Montesquieu advocated for a constitutional government with three distinct branches, each checking the powers of the others. His philosophy significantly influenced the Founding Fathers of the United States, including Alexander Hamilton.
The US Constitution's separation of powers is associated with a system of checks and balances. Each branch has specific powers and responsibilities that relate to the others. For example, the Legislative Branch creates laws, the Executive Branch enforces them, and the Judicial Branch interprets them. The powers of each branch are outlined in the Constitution and include express powers, implied powers, inherent powers, and concurrent powers.
The independence of the judiciary is a crucial aspect of separation of powers. Many judges hold that the Judicial Branch is independent and untouchable, with sole authority over judicial functions. This view asserts that the Legislative and Executive branches cannot interfere in the judicial sphere. However, the power of judicial review, or the ability to determine the constitutionality of laws, is not expressly granted in the Constitution but has been held as implicit by the judiciary.
The separation of powers has contributed to the development of a unique political structure in the United States. Political scientist John W. Kingdon argues that it has led to an unusually large number of interest groups in the country, as it provides more avenues for influence and potential group activity. The complexity of the system, on the other hand, may contribute to lower citizen participation.
Interpreting Liberty and Freedom in the Constitution
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Republican government
The US Constitution was influenced by a variety of factors, including the country's first constitution, the Articles of Confederation, and the political philosophy of the Enlightenment. The Constitution was written in 1787 by delegates from 12 states, aiming to replace the Articles of Confederation with a new form of government. This new form of government was a federal system with a national government composed of three separated powers, including reserved and concurrent powers of states.
One of the key principles of the US Constitution is republican government. The Anti-Federalists, who opposed the Constitution, argued that in a large republic, the government would be impersonal, unrepresentative, dominated by wealthy individuals, and oppressive to the poor and working classes. James Madison, a key figure in the creation of the Constitution, countered these arguments by asserting that the vastness of the country supported the idea of a republic. He argued that a large republic would counterbalance various political interest groups vying for power, preventing a majority group from easily executing oppressive plans.
The concept of republican government in the US Constitution was also influenced by the political philosophy of the Enlightenment, including the work of philosophers such as John Locke, Jean-Jacques Burlamaqui, Francis Hutcheson, and Montesquieu. These philosophers believed in the unalienable and inherent rights of individuals, which they believed came from God or simply from being human. The US Constitution embraces these ideas by including principles such as checks and balances, individual rights, liberty, limited government, and natural rights theory.
The Founding Fathers, including Thomas Jefferson, were influenced by the Magna Carta, which they saw as a symbol of liberty and the natural rights of man against an oppressive government. They believed that the government was created to protect the fundamental rights of the people, including life, liberty, and the pursuit of happiness. The Declaration of Independence, influenced by the Magna Carta, expressed these ideals and served as a justification for breaking away from the British government.
The US Constitution, influenced by these founding documents and philosophical ideas, established a republican form of government that guaranteed certain rights and liberties to the people. It created a federal system with a separation of powers, aiming to protect individual freedoms and prevent oppression.
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The Federal Court System
The US Constitution, a founding document of the United States, is the supreme law of the United States of America. It defines the framework of the Federal Government of the United States. The Constitution, originally comprising seven articles, outlines the national frame of government. The first three articles delineate a separation of powers between the legislative, executive, and judicial branches of government, providing a system of checks and balances.
The Supreme Court, established by Article III of the Constitution, is the highest judicial authority in the United States. It has original jurisdiction over cases affecting ambassadors, public ministers, and consuls and those in which a state is a party. The Supreme Court also serves as the final interpreter of federal law and the Constitution, with the power to declare laws and actions of the President or Congress unconstitutional.
Below the Supreme Court are the Courts of Appeals, also known as the Circuit Courts. There are 13 appellate circuits, including a circuit for the District of Columbia, and each circuit covers a specific geographic region. The Courts of Appeals hear appeals from the District Courts within their circuit, as well as from decisions of federal administrative agencies.
The District Courts, located at the bottom of the hierarchy, are the trial courts of the federal court system. They are the courts of general jurisdiction, handling a wide range of civil and criminal cases. There are 94 federal judicial districts across the 50 states, with at least one district per state.
The founding documents, including the Declaration of Independence, the Constitution, and the Bill of Rights, have significantly influenced the development of the US Constitution and the Federal Court System. The Declaration of Independence, expressing the ideals on which the nation was founded, provided a philosophical foundation for the Constitution. It emphasised the inalienable rights of equality, government by the consent of the governed, and civic duty, shaping the principles enshrined in the Constitution.
The Constitution itself established the framework for the Federal Government and the court system, outlining the powers and responsibilities of each branch, including the judiciary. The Bill of Rights, consisting of the first ten amendments to the Constitution, further defined citizens' rights and liberties, limiting the power of the federal government and ensuring the protection of individual freedoms.
Judicial Review: Shaping the US Constitution
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Frequently asked questions
The three most important documents in American history are the Declaration of Independence, the Constitution, and the Bill of Rights.
The Declaration of Independence, primarily written by John Adams, delineated a separation of powers between the legislative, executive, and judicial branches of government. It also reflected the philosophy of the Founders and their commitment to the protection of individual human rights. The ideals expressed in the Declaration influenced the principles of the US Constitution, including checks and balances, individual rights, liberty, limited government, and popular sovereignty.
The Constitution, authored principally by James Madison, was approved with the promise that a Bill of Rights would be added after ratification. The first 10 amendments to the Constitution, known as the Bill of Rights, were established in 1791 to guarantee Americans' most cherished freedoms.
The US Constitution was also influenced by antecedent documents and political writings about natural rights theory. The principles of English common law, such as those reflected in the Magna Carta, also influenced the US Constitution's commitment to liberty and natural rights. Additionally, the Articles of Confederation, which served as America's first framework of national government, informed the development of the US Constitution.
