Omar Bennett
The Constitution of the United States is a set of rules and principles that outline the nature and structure of the government, including the separation of powers into three branches: the legislative, executive, and judicial. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789, and has since been amended 27 times to expand civil rights protections and address issues related to federal authority. The US Constitution, like other constitutions, also defines the relationship between individuals and the state, establishing broad rights for citizens. The Constitution serves as the legal basis for the country, determining how it is governed and providing a framework for the creation and enforcement of laws.
| Characteristics | Values |
|---|---|
| Relationship between the executive, legislature and judiciary | The Constitution divides the federal government into three branches: the legislative, executive, and judicial |
| Relationship of institutions within those branches | The legislative branch is further divided into two parts, or "houses": the House of Representatives and the Senate |
| Relationship between individuals and the state | The Constitution protects the personal liberty of citizens from intrusions by the government |
| Broad rights of individual citizens | The Constitution has been amended 27 times, with the first ten amendments known as the Bill of Rights, offering specific protections of individual liberty and justice |
| Relationship between the states and federal government | The Constitution outlines the powers of states in relation to each other and to the federal government |
| Amendment and ratification processes | The Constitution has a detailed amendment process, requiring a two-thirds majority in both houses of Congress and ratification by three-fourths of state legislatures |
| Supremacy of Federal law | Federal law is supreme and higher than state and local laws |
| Entrenchment clauses | The U.S. Constitution has an entrenched clause that prohibits abolishing equal suffrage of the States within the Senate without their consent |
Explore related products
$9.99 $9.99
What You'll Learn
The three branches of government
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much power.
The legislative branch, also known as Congress, is made up of the Senate and the House of Representatives. Its basic function is to make the laws of the nation. Congress also declares war, regulates interstate and foreign commerce, and controls taxing and spending policies. This branch has the power to approve presidential nominations, control the budget, and impeach the president and remove them from office.
The executive branch is led by the President of the United States, who is the head of state, leader of the federal government, and Commander-in-Chief of the armed forces. This branch is responsible for enforcing the laws of the land. The President can veto legislation created by Congress, but Congress can override this veto with enough votes. The executive branch also includes the various executive departments and agencies, such as the Federal agencies, that are responsible for the day-to-day enforcement and administration of federal laws.
The judicial branch includes the Supreme Court and its nine Justices, who are special judges that interpret laws according to the Constitution. These justices hear cases pertaining to issues related to the Constitution and can overturn unconstitutional laws. The federal judicial system also has lower courts located in each state to hear cases involving federal issues. The President nominates Supreme Court justices, who are then confirmed by the Senate. Congress can also impeach and remove Supreme Court justices from office.
Missouri Constitution: Due Process Protections Explained
You may want to see also
Individual rights and liberties
The Constitution of the United States is the supreme law of the land, superseding all other laws and serving as the foundation for the country's legal system. It establishes the framework for the federal government and outlines the rights and liberties of individuals.
The first ten amendments to the Constitution, collectively known as the Bill of Rights, are specifically designed to protect individual liberty and limit government power. These amendments include the right to free speech and worship, freedom from unreasonable government intrusion, and protection from self-incrimination. For instance, the First Amendment's Free Exercise Clause safeguards individuals from government interference in their religious practices, while the Fourth Amendment prohibits unreasonable searches and seizures by the government.
The Ninth Amendment further emphasizes that the listing of specific rights in the Constitution does not negate other rights not explicitly mentioned. This acknowledges the inherent nature of certain liberties that may not be comprehensively outlined in the document. Additionally, the Sixth Amendment guarantees various protections for those accused of crimes, such as the right to a speedy and public trial, an impartial jury, and legal representation.
The Constitution also addresses the relationship between the states and the federal government, with Article IV outlining their interactions. The Tenth Amendment reinforces the principle that the federal government only possesses the powers delegated to it by the Constitution, highlighting the importance of maintaining a balance between state and federal authority.
The Supreme Court plays a crucial role in interpreting and upholding individual rights under the Constitution. It decides constitutional issues of state law on a case-by-case basis, independent of legislators' motives. The Court's decisions can shape the understanding and application of individual rights, ensuring they are protected and respected.
Furthermore, the Constitution provides rights and protections regardless of an individual's immigration status or disability status. It serves as a safeguard against discrimination and exclusion, ensuring that everyone within the United States is entitled to their fundamental rights.
The French Constitution of 1791: Democracy or Not?
You may want to see also
Federalism and state powers
Federalism is a key principle in the US Constitution, though the word never appears in the document. It involves dividing power between different levels of government—national, state, and local—each with constitutionally defined powers. This principle of federalism is integral to the US system of government, and it helps limit the power of any one entity, thereby preserving the liberties of the people.
The Constitution grants the national government certain powers, such as declaring war, making treaties, and regulating interstate trade. The Tenth Amendment reserves powers to the states, as long as those powers are not delegated to the federal government. These reserved powers are any powers that state governments keep under the Tenth Amendment. States hold any power that the Constitution has not assigned to the federal government or disallowed.
The powers of the federal government are referred to as enumerated or expressed powers, and they are listed in the Constitution. The federal government also holds implied powers that are not listed in the Constitution but are necessary to carry out other powers. According to Article 1, Section 8, “The Congress shall have Power… to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” The Supreme Court has ruled that this Necessary and Proper Clause gives the federal government certain implied powers.
Some powers are shared by both the federal government and state governments, and these are known as concurrent powers. Examples include the power to tax, build roads, and create lower courts. When Congress and state legislatures use their concurrent powers to pass laws that conflict, federal laws take priority due to the Supremacy Clause in Article VI of the Constitution. This clause establishes the Constitution and federal laws as "the supreme law of the land."
Throughout US history, the state and federal governments have struggled over power. Federalism has waxed and waned since the founding, and federal-state relations have always been contested. Federalism at the founding can be described as Enumerated Powers Federalism, with the national government holding limited and enumerated powers, and the states holding all other powers.
The Constitution and Classical Criminology: A Founding Influence
You may want to see also
Explore related products
Amending the constitution
The authority to amend the Constitution comes from Article V of the Constitution. There are two ways to propose an amendment: the first is through Congress, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The second option is for two-thirds of state legislatures to request that Congress call a Constitutional Convention. However, this has never occurred.
Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The ratification process is overseen by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist works with the Director of the Federal Register to follow established procedures and customs.
The amendment process is designed to be rigorous, and not all ideas for amendments are successful. Proposed amendments must have a significant impact on all Americans or secure the rights of citizens to be considered worthy of amending the Constitution. Some amendments expand individual civil rights protections, while others address federal authority or modify government processes and procedures.
The Constitution also contains entrenched clauses, which make certain amendments more difficult or impossible to pass. For example, there is an entrenched clause that prohibits abolishing equal suffrage of the States within the Senate without their consent. These clauses provide additional safeguards to ensure that any changes to the Constitution are carefully considered and broadly accepted.
Pennsylvania Supreme Court: Constitutional Violators?
You may want to see also
The role of the Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has original jurisdiction over a narrow range of cases, including suits between two or more states and/or cases involving ambassadors and other public ministers. The Court also has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law, including cases to which the United States is a party and cases involving treaties.
The Supreme Court plays a very important role in the constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. The Court's power of judicial review is also significant, as it allows the Court to declare a Legislative or Executive act in violation of the Constitution. This power was established in the landmark case of Marbury v. Madison in 1803, where the Court asserted that the Constitution was the supreme law of the land.
The Supreme Court also has the authority to strike down state laws found to be in violation of the Constitution. This power developed after the passage of the Fourteenth Amendment in 1869, which expanded the provisions of the Bill of Rights to the states. As a result, the Court has the final say on when a right is protected by the Constitution or when a Constitutional right is violated.
The Supreme Court's term begins on the first Monday in October and ends on the Sunday before the first Monday in October of the following year. The Court typically hears oral arguments from October through April, with two cases heard each day. During each two-week session, oral arguments are heard on Mondays, Tuesdays, and Wednesdays only, and are open to the public.
The Supreme Court has been criticised for its lack of term limits or mandatory retirements for justices, with some arguing that this has led to a delay in reflecting the views of the current generation. The Court has also faced accusations of "slow-walking" important cases, particularly those relating to former President Donald Trump, in order to benefit his election chances.
Overall, the Supreme Court plays a crucial role in interpreting and enforcing the Constitution, ensuring that the legislative, executive, and judicial branches of government operate within a system of "checks and balances".
US Constitution: Who Does it Protect?
You may want to see also
Frequently asked questions
A constitution is a set of rules and principles that define the nature and extent of government. It regulates the relationship between institutions of the state and the relationship of institutions within those branches.
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution includes seven articles that describe the way the government is structured and how it operates.
The Constitution establishes a legislative branch (Congress), an executive branch (office of the President), and a judicial branch (Federal court system).
The Constitution has three main functions. Firstly, it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches. Secondly, it divides power between the federal government and the states. Thirdly, it protects various individual liberties of American citizens.
Amending the Constitution is a difficult process. An amendment must first pass both houses of Congress by a two-thirds majority and must then be ratified by the legislatures of three-fourths of the states.
