Isabella Carter
The US Constitution is the nation's fundamental law, and it has been amended and interpreted in various ways since its inception in 1787. The Founding Fathers intended the document to be flexible, and Congress has passed 23 additional amendments, 17 of which have been ratified by the states. The Constitution has been altered by executive and judicial actions, with the Supreme Court playing a significant role in interpreting the laws and ensuring that the executive and legislative branches abide by it. Basic legislation has been added through Congress, which can propose amendments with a two-thirds vote in each house, and through the actions of the President, who must sign a bill for it to become law. The role of the judicial branch and the Supreme Court has also evolved, with John Marshall establishing the Court's power to declare acts of Congress unconstitutional.
| Characteristics | Values |
|---|---|
| Passage of basic legislation by Congress | Congress has passed 23 additional amendments to the Constitution |
| Actions taken by the President | The President's signature is required for a bill to become law |
| Key decisions of the Supreme Court | The Supreme Court has the power to declare acts of Congress unconstitutional |
| Activities of political parties | Political parties can hold national conventions to nominate presidents |
| Custom | The custom of senatorial courtesy |
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What You'll Learn
Congress passes laws to clarify the constitution's provisions
Congress has the power to pass laws that clarify the provisions of the Constitution. This can be done through the passage of basic legislation, which can be used to spell out the Constitution's brief provisions. For example, Congress can pass laws that clarify the process of presidential succession.
Congress can also utilise its power to make changes to the Constitution, such as by controlling commerce within the states and with foreign entities. In addition, Congress can propose amendments to the Constitution, which must be ratified by a specified majority of state legislatures or state conventions.
The legislative process in Congress involves various steps, including the introduction of a bill, its consideration by committees, and voting procedures. Committees play a crucial role in reviewing and amending bills before they proceed to a full vote in the House or Senate. Each committee has a specific jurisdiction defined by subject matter, and the relevant committee will consider the bill's provisions within its purview.
Congress must also ensure that the laws it passes are in accordance with the powers granted to it by the Constitution. This includes respecting the separation of powers between the federal and state governments, as well as complying with constitutional amendments and protections, such as those guaranteed by the First Amendment.
The actions of Congress are subject to review by the Supreme Court, which has the power to hold acts of Congress unconstitutional in whole or in part. For example, the Supreme Court has ruled on the constitutionality of provisions in election law, the Subversive Activities Control Act of 1950, and the Brady Handgun Violence Prevention Act, among others.
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The president's role in passing legislation
While the US president does not have the power to make laws, they play a crucial role in the passing of legislation. The president can propose new laws and make suggestions about legislation. Once a bill has passed through both chambers of Congress, it is presented to the president for approval. The president can choose to approve a bill and sign it into law. Alternatively, they can veto the bill, in which case Congress may still override the veto, and the bill will become a law. If the president does not sign off on a bill and Congress is no longer in session, the bill will be vetoed by default in what is called a "pocket veto". This cannot be overridden by Congress.
The president also has the power to call on Congress to pass specific legislation. For example, in times of crisis, the president may call on Congress to grant them emergency powers. Additionally, the president can influence legislation through their State of the Union address, in which they can outline their legislative agenda and priorities.
The president also has a role in passing legislation through their power to make executive agreements. While only Congress can declare war, several presidents have done so without congressional consent, as they are the commander-in-chief of the armed forces.
Furthermore, the president can influence legislation through their party. They can lead their political party and work with Congress to pass legislation that aligns with their party's agenda and priorities.
The president also has the power to appoint Supreme Court justices and other high officials, subject to Senate approval. These appointees can shape the interpretation and amplification of the Constitution and, by extension, the legislation that stems from it.
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Supreme Court interprets laws and actions of other branches
The Supreme Court is the highest court in the United States, with one Chief Justice and eight Associate Justices. The Court has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost any other case involving a point of constitutional or federal law. The Supreme Court's power of judicial review is essential to ensure that each branch of government recognises the limits of its power.
The Supreme Court interprets the laws and actions of other branches of government, including the legislative and executive branches. This interpretation is done through constitutional interpretation and amplification, and the Court has the authority to strike down state laws found to be in violation of the Constitution. The Supreme Court's interpretation of the law guides the actions of other branches, ensuring they do not overstep their boundaries.
For example, the Supreme Court ruled that the provisions of the Bill of Rights were applicable to the states after the passage of the Fourteenth Amendment. This interpretation expanded the reach of the Bill of Rights, which previously only applied to the federal government. The Court's decision to uphold the rights of students in Tinker v. Des Moines Independent School District (1969) is another illustration of its role in interpreting laws. The Court held that students could not be punished for wearing black armbands to school to protest the Vietnam War, stating that "students do not shed their rights at the schoolhouse gate."
The Supreme Court's interpretations have a significant impact on society, shaping the actions and decisions of other branches of government. The Court's rulings on constitutionality and federal law provide guidance and set boundaries for the legislative and executive branches, ensuring they operate within the framework established by the Constitution.
The Supreme Court's power of judicial review and interpretation is a key mechanism for maintaining the balance of power between the branches of government and protecting the rights of individuals. Through its interpretations, the Court provides clarity on the limits and scope of legislative and executive actions, ensuring they align with the Constitution.
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Political parties and their activities
The US Constitution has been amended several times since its adoption in 1791, with Congress passing 23 additional amendments, 17 of which have been ratified by the states. The Founding Fathers intended the Constitution to be flexible to accommodate the changing needs of the country.
The Constitution does not explicitly mention political parties, but they have become a permanent fixture of American elections. The first political factions emerged during the struggle over the ratification of the Constitution in 1787, with Federalists and Anti-Federalists vying for power. Federalists, led by Alexander Hamilton, advocated for a strong central government, while Anti-Federalists, led by Thomas Jefferson, supported states' rights.
Political parties engage in various activities, some of which are protected under the First Amendment. For instance, parties can generally assert freedom of association, allowing them autonomy in deciding their membership and internal affairs. However, this has also raised questions about government regulation, such as whether political parties can be compelled to admit members of opposing parties or barred from including non-party members in their activities.
Another area of focus for political parties is redistricting, where incumbents may engage in gerrymandering to draw district boundaries in their favor. This has led to proposals for nonpartisan commissions to create more compact and cohesive districts.
In terms of campaign financing, the Supreme Court has weighed in on cases involving contribution limits and public funding for political parties. The Bipartisan Campaign Reform Act of 2002, also known as the McCain-Feingold Act, barred soft money contributions to political parties, which was upheld by the Court in McConnell v. Federal Election Commission (2003).
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Customs and their influence on the constitution
The US Constitution has had a significant influence on the legal and political thinking of other nations, shaping their constitutions and laws. It has inspired movements for decolonization, self-governance, and constitutional democracy worldwide. The US Constitution's impact can be seen in the following ways:
Influencing International Constitutions and Legal Thinking: The US Constitution has influenced the content and structure of constitutions in other countries. This influence is evident in similarities of phrasing, borrowed passages, and the adoption of principles such as the rule of law, separation of powers, and recognition of individual rights. Countries like Australia, Canada, Switzerland, and the Philippines have drawn from the US Constitution to varying degrees while also preserving their unique traditions and systems of government.
Inspiring Nationalists and Reformers: Nationalists and reformers, such as Jose Rizal of the Philippines and Sun Yat-sen of China, have cited the US Constitution in their calls for political reform and self-governance. Rizal, for example, advocated for basic freedoms and equality among Filipinos, drawing inspiration from the US Constitution's ideals.
Model for Representative and Democratic Government: The US Constitution's departure from monarchical rule and its establishment of rule by popular consent had a profound impact on the concept of governance. It inspired former European colonies and other nations to adopt federal and parliamentary models of government, shaping their understanding of representative democracy and the role of elected representatives in law-making.
Amendments and Judicial Review: The process of amending the US Constitution and the concept of judicial review have influenced foreign constitutionalists. The ability to amend and interpret the Constitution over time has provided a framework for other nations to reconsider their approaches to constitutional change and the role of the judiciary.
Worldwide Influence and Criticism: The influence of the US Constitution has spread globally, particularly during significant historical periods such as after World War II when independence movements heavily referenced it. However, its influence has also faced criticism and waning adoption in recent decades, with some countries opting for more centralized models of government.
The US Constitution's influence on customs and international law has been significant, shaping political movements, legal thinking, and the structure of governments worldwide. It has inspired a re-examination of power structures, individual rights, and democratic ideals, leaving a lasting impact on global constitutionalism.
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Frequently asked questions
The US Constitution is the nation's fundamental law and has been amended over time to accommodate the changing needs of the country.
Congress can pass laws to interpret and expand on the provisions of the Constitution. For example, Congress can pass laws regarding presidential succession. Congress can also propose amendments to the Constitution, which require a two-thirds majority in both Houses.
The President must sign a bill for it to become law. If Congress adjourns before the President can sign or return the bill with objections, this is known as a 'pocket veto'.
The Supreme Court has the power to interpret the Constitution and declare acts of Congress unconstitutional. The Court has increasingly taken an active role in interpreting laws and ensuring they abide by the Constitution.
Political parties can influence the addition of basic legislation through their activities and customs. For example, the custom of senatorial courtesy, where the Senate will not approve a presidential appointment opposed by a majority party senator from the appointee's state.
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