Malcolm Rivera
The US Constitution is the oldest written national federal constitution still in effect today. It is the foundation of every single law in America and has an impact on all citizens in their daily lives. The document, signed on September 17, 1787, created a stronger centralized government that shared power among three branches: executive (President), legislative (Congress), and judicial (Supreme Court). The US Constitution has also had a global impact, influencing the legal thinking of emerging nations and the development of freely elected governments.
| Characteristics | Values |
|---|---|
| Foundation of every single law in America | The U.S. Constitution is the foundation of every single law in America and is at the heart of how Americans think, act, and govern. |
| Rule by popular consent | The U.S. Constitution dictates rule by popular consent with laws drafted by the people’s representatives. |
| Global influence | The U.S. Constitution has influenced political reform and self-governance in other countries, including the Philippines, China, and former European colonies. |
| 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 establishes a system of checks and balances to ensure that no one branch of government has too much power. |
| Freedom of movement and travel | The U.S. Constitution provides a legal basis for freedom of movement and travel among the states. |
| Extradition | The U.S. Constitution establishes extradition between the states. |
| Taxation | The U.S. Constitution addresses taxation, including direct taxes apportioned according to state populations and the authority of Congress to levy an income tax. |
| Equal representation | The U.S. Constitution provides for equal representation of states in the Senate. |
| Judicial review | The U.S. Constitution is interpreted by courts, which can regulate government and determine whether its actions conform to the Constitution. |
| Elimination of slavery | The U.S. Constitution provided a path for Americans to eliminate slavery and expand voting rights for women. |
| Accountability | The U.S. Constitution holds government branches accountable and empowers citizens to select their form of government. |
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What You'll Learn
The right to vote
The Fifteenth Amendment, ratified in 1870, granted African American men the right to vote, although many were unable to exercise this right due to discriminatory practices such as literacy tests and poll taxes. The Nineteenth Amendment, ratified in 1920, extended the right to vote to women. The Twenty-fourth Amendment, ratified in 1964, eliminated poll taxes as a voting requirement, and the Twenty-sixth Amendment, ratified in 1971, lowered the voting age to 18 for all elections. These amendments expanded voting rights and made voting more accessible to a broader segment of the population.
The Voting Rights Act of 1965 was a landmark piece of legislation that further strengthened voting rights. It prohibited voter discrimination based on race, colour, or membership in a language minority group. It also required certain jurisdictions with a history of voter suppression to obtain federal approval before implementing any voting changes. The Help America Vote Act of 2002 was another significant piece of legislation that authorized federal funding for elections and established the US Election Assistance Commission to assist states in adopting minimum standards for voter education, registration, and ballots.
Samuel Adams' Vision for the US Constitution
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Choosing representatives in Congress
The United States Constitution, signed on September 17, 1787, is the foundation of every single law in America. It dictates how Americans think, act, and govern. The Constitution created a stronger centralised government, sharing power among three branches: the executive (President), legislative (Congress), and judicial (Supreme Court).
The United States Congress has two chambers: the Senate and the House of Representatives. The House of Representatives is the lower house, with the Senate being the upper house. Together, the House and Senate have the authority to pass or defeat federal legislation, known as bills.
The House of Representatives is composed of representatives who sit in single-member congressional districts allocated to each state based on population as measured by the United States census. Each district must have at least one representative, and each state is entitled to at least two senators. The number of voting representatives has been 435 since 1913, pursuant to the Apportionment Act of 1911.
Elections for U.S. House districts are based on the census, with the Congress based on those districts starting its term on the following January 3. As there is no federal legislation mandating a particular system for elections to the House, systems are set at the state level. Elected representatives serve a two-year term, with no term limit.
The House's exclusive powers include initiating all revenue bills, impeaching federal officers, and electing the president if no candidate receives a majority of votes in the Electoral College.
There are several ways to contact your elected representative in Congress, including by phone, email, or post. You can find your representative by using the Find Your Representative service on the House.gov website.
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Interacting with the justice system
The United States Constitution is the nation's fundamental law. It establishes the federal judiciary and outlines the role of the Supreme Court, which is the highest court in the land and acts as the court of last resort for those seeking justice. The Constitution also permits Congress to decide how to organise the Supreme Court.
Article III, Section I of the Constitution states that:
> 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 Judiciary Act of 1789 was the first exercise of this power, creating a Supreme Court with six justices and establishing the lower federal court system. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court.
The Supreme Court plays a crucial role in maintaining the rule of law and ensuring equality before the law. It hears grievances voiced by minority groups and those with minority opinions, protecting their rights when infringed upon by the majority. The Court also ensures that each branch of government recognises the limits of its power and protects civil rights and liberties by striking down laws that violate the Constitution.
The Court's power of judicial review, established in the case of Marbury v. Madison (1803), allows it to declare a Legislative or Executive act in violation of the Constitution. This power ensures that the federal courts act as an "intermediate body between the people and their legislature," as Alexander Hamilton described in The Federalist #78, ensuring that the people's representatives act within the authority granted to them by the Constitution.
In conclusion, the United States Constitution and the judicial system it establishes play a vital role in protecting the rights and liberties of all Americans, ensuring equality before the law and safeguarding minority groups from infringements by the majority.
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Going to school
The US Constitution is the foundation of every single law in America and influences the way Americans think, act, and govern. The Constitution does not explicitly guarantee a right to public education, but it does help ensure that all students are able to access an equal educational experience.
The 14th Amendment, for example, protects the right to a public education. The Supreme Court has ruled that students have a "legitimate entitlement to a public education as a property right". This means that public schools may not deprive students of that right without providing them with due process protections, such as notice of the alleged violation and the opportunity for the student to be heard. The required amount of notice and opportunity to be heard increases as the severity of the discipline increases. For instance, expulsion would generally require a detailed hearing to provide the student with a chance to present evidence and cross-examine witnesses.
The equal protection clause of the 14th Amendment has also been applied to educational issues. In Brown v. Board of Education, the Supreme Court ruled that separate educational facilities for black and white students were inherently unequal. This laid the foundation for dismantling racial segregation in schools.
In addition, the First Amendment protects students' freedom of speech. However, administrators have some leeway to censor student speech that is considered vulgar, promotes drug use, causes a substantial disruption to school, or infringes on another student's rights.
The Constitution also allows for representative government, which has an impact on education. State constitutions provide states with the authority to enact laws regarding education, and some require the state to provide students with an adequate education. All fifty states have laws requiring state and local governments to provide public education services to students of certain ages.
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Separation of powers
The US Constitution, signed on September 17, 1787, is the foundation of every single law in America. It dictates how Americans think, act, and govern. One of the key tenets of the Constitution is the separation of powers, which divides the government's power horizontally across three branches: the executive, legislative, and judicial.
The legislative power is vested in Congress, which is responsible for making laws through a process that respects the liberties of the people. The executive branch, led by the President, is tasked with enforcing these laws by investigating and prosecuting violations. The judicial branch, headed by the Supreme Court, independently evaluates the constitutionality and applicability of laws in relation to citizens' actions.
This separation of powers is designed to protect the liberty of the people rather than benefit government actors. It acts as a safeguard against the concentration of power in a single branch or individual, ensuring that certain government actions require collaboration between multiple branches. For example, the lawmaking power of Congress is checked by the executive's veto power and the judicial branch's power of judicial review of unconstitutional statutes.
The framers of the Constitution expected members of each branch to be ambitious and seek the support of the people. By dividing powers and implementing checks and balances, the framers intended for the ambition of one branch to counterbalance the ambition of another, preventing any single branch from becoming too powerful. This system of separation and checks and balances is fundamentally different from a power-sharing arrangement among oligarchs, who can easily rearrange powers to suit their interests.
The separation of powers has faced criticism, particularly from early and modern progressives who favour rule by elites who can efficiently manage society based on expert knowledge. Despite this, the separation of powers remains an essential feature of the US Constitution, influencing how Americans are governed and protected on a daily basis.
Jefferson's Support for Ratifying the Constitution
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Frequently asked questions
The US Constitution is the foundation of every single law in America and has an impact on all citizens. It introduced novel governmental practices such as checks and balances, separation of powers, and defining said powers.
The Constitution guarantees certain fundamental rights, such as freedom of speech, religion, and the right to a fair trial, which are protected by the judicial system. These rights influence many aspects of daily life, from choosing your representatives to interacting with the justice system.
The Constitution established a federal, presidential, and representative form of government, with powers shared between the executive (President), legislative (Congress), and judicial (Supreme Court) branches. This system of checks and balances helps prevent the worst of human nature, such as conflict and greed.
Yes, the Constitution is a living document that can be amended through a process of popular support and ratification by the states. This flexibility allows it to adapt to the changing needs of society.
The US Constitution has had a global impact, inspiring emerging nations and colonies in the 19th and 20th centuries to adopt similar democratic and representative forms of government. It has influenced countries like Mexico, Latin American republics, and nationalists' calls for reform.
