Jonah Patel
The US Constitution is a short document that outlines the nation's fundamental laws and core values. It is the oldest constitution currently in effect and is among the shortest, with just over 7,500 words. The Constitution upholds several principles, including federalism, limited government, popular sovereignty, republicanism, and separation of powers. The preamble, which is an introduction to the type of government the Founders were creating, sets the stage for the Constitution by clearly communicating the intentions of the framers and the purpose of the document. The framers of the Constitution wanted a system of government that would prevent the tyranny they experienced under the British monarchy, and thus, the Constitution serves as a framework for governance that allocates powers and responsibilities.
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What You'll Learn
The US Constitution is the nation's fundamental law
The Constitution was drafted by 55 delegates to a convention in 1787. It was intended to create a government with enough power to act on a national level, but without so much power that fundamental rights would be at risk. To achieve this, the Constitution divides the power of government into three branches: the legislative, the executive, and the judicial. Each branch has checks and balances on the others to ensure no one branch gains supremacy.
The Constitution also establishes the relationship between the states. States are required to give "full faith and credit" to the laws, records, contracts, and judicial proceedings of the other states. They are barred from discriminating against citizens of other states and cannot enact tariffs against one another. The Constitution also sets out a process for amendments, which must be ratified by three-fourths of the states.
The US Constitution has been amended 27 times since it was ratified. The first ten amendments are known as the Bill of Rights, which offers specific protections of individual liberty and justice. The majority of the 17 later amendments expand individual civil rights protections. The US Constitution has been a notable model for governance worldwide, influencing the constitutions of other nations.
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The Constitution upholds the principle of limited government
The United States Constitution, written in 1787, upholds the principle of limited government in several ways. Firstly, it separates the powers of the state and federal governments, ensuring that each level of government has distinct responsibilities and limitations. This separation of powers is intended to prevent government overreach and make it difficult for any single person or interest group to control the entirety of government power.
Secondly, the Constitution divides the federal government into three branches: the legislative, judicial, and executive branches. This system of checks and balances is designed to further limit government power by ensuring that all three branches must work together to enact new policies and laws. This makes it less likely for any one branch or individual to exert excessive control or influence.
Thirdly, the Constitution includes a Bill of Rights, which outlines certain prohibitions and limitations on the government's power. These amendments, ratified in 1791, provide additional safeguards against government overreach and protect the liberties of the people. The framers of the Constitution prioritized limiting government power to protect against potential abuses or oppressive actions, viewing it as a greater safeguard for liberty than the specific freedoms outlined in the Bill of Rights.
The principle of limited government was a unique contribution of the American political system, reflecting a deep-seated mistrust of centralized power following the War of Independence and the experience of colonial rule. While the belief in limited government remained strong for over a century, it faced challenges in the 1930s as President Franklin D. Roosevelt's New Deal expanded federal government authority to address the Great Depression. Despite this shift, the original intent of the Constitution to prevent centralized power and uphold limited government remains a key feature of American democracy.
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The Constitution upholds the principle of popular sovereignty
Popular sovereignty is the principle that the leaders of a state and its government are created and sustained by the consent of its people, who are the source of all political legitimacy. The US Constitution upholds the principle of popular sovereignty in several ways.
Firstly, the very language of the Constitution expresses the idea of popular sovereignty. The Constitution's Preamble begins with the words, "We the people of the United States...do ordain and establish this Constitution." Here, the use of "We the people" reflects the belief that political power resides with the whole people of a community or state, rather than with any particular person, group, or ancestral line. This notion of popular sovereignty as the legitimate source of authority in government is further emphasised by the Declaration of Independence, which states that "all men are created equal" and that governments derive their "just powers from the consent of the governed."
Secondly, the Constitution establishes a representative or "republican" form of government, where the people act through elected representatives. The House of Representatives, for example, is composed of members chosen every second year by the people of the several states. This system of representation allows the people to have a direct or indirect role in proposing and ratifying amendments to the Constitution, as well as in influencing public policy decisions and holding their representatives accountable.
Thirdly, the Constitution provides for the ratification of amendments by a majority vote of the people or their elected representatives. This process ensures that any changes to the Constitution are made with the consent and support of the people, upholding the principle of popular sovereignty.
Finally, the Constitution upholds the principle of popular sovereignty by recognising the right of the people to alter or abolish the established Constitution if they find it inconsistent with their happiness and well-being. This recognition demonstrates that the ultimate authority rests with the people, who have the power to shape their government according to their needs and consent.
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The Constitution upholds the principle of Republicanism
The Constitution also upholds the core values of republicanism, which include liberty and inalienable individual rights, recognizing the sovereignty of the people, rejecting monarchy and hereditary political power, and emphasizing the performance of civic duties. These values are derived from ancient Greco-Roman, Renaissance, and English models and ideas. The Founding Fathers were particularly influenced by the Roman Republic and sought to emulate certain aspects of its government in the creation of the United States government.
Additionally, the Constitution addresses the problem of "majority tyranny" by implementing a system of checks and balances. This ensures that the rights of the minority are protected and that special interests cannot easily take control of the nation. The larger size of the nation also contributes to the stability of republicanism, as it becomes more difficult for a small group to dominate.
The Constitution's guarantee of republicanism was also evident in the post-Civil War era, where it enabled Congress to reconstruct the political system of the former Confederate states. Amendments were made to secure not only citizenship for freedmen but also to grant them the right to vote, further solidifying the principles of republicanism in the Constitution.
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The Constitution upholds the principle of separation of powers
The Framers of the Constitution, influenced by the writings of political theorists like Baron Charles de Montesquieu, sought to protect individual liberty by ensuring that each branch of the Federal Government exercised one of these three basic functions independently. This separation of powers was also intended to address concerns about the concentration of power in a single entity, as experienced under the British monarchy, which could lead to arbitrary and oppressive government actions.
The Constitution establishes a system of checks and balances, where each branch has the ability to check the powers of the other two. For example, the President's power to sign bills into law acts as a check on the legislative branch, while Congress's ability to override a veto serves as a check on the President's power. The impeachment power gives Congress the authority to address corruption and abuse of power in the other branches.
The Supreme Court, as part of the judicial branch, plays a crucial role in upholding the separation of powers. In Marbury v. Madison, the Supreme Court established the principle of judicial review, asserting its authority to strike down laws deemed unconstitutional. This precedent reinforces the independence of the judiciary and its role in interpreting and upholding the Constitution.
While the Constitution does not explicitly mention the doctrine of separation of powers, it effectively divides governmental power among the three branches and ensures their interdependence and cooperation in upholding and defending the Constitution.
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Frequently asked questions
Federalism upholds the principles by dividing power into layers, with several states on one level and a federal government on another, with authority balanced between the two.
The separation of powers ensures that the three branches of government (executive, legislative, and judicial) are separate and distinct, with each branch having specified duties that cannot be encroached upon by the others. This upholds the principle of preserving liberty.
The rule of law ensures that there are universally applicable laws that are made through due process and meet standards of fairness, legal certainty, equal treatment, and judicial independence. It also ensures that the state and its agents are subject to the law and cannot act outside of it.
