Simone Lawson
The US Constitution has been tested and interpreted in various ways since its inception, with 27 amendments made to the original document. The Constitution has been amended and improved over time, but it still contains fundamental contradictions. One of its most significant tests has been the issue of slavery, which threatened to derail the Union during its formation. The delegates agreed that the slave trade could continue until 1808, and they agreed to count enslaved Africans as three-fifths of a person. The Constitution has also been tested by disputes over congressional representation, territory, war pensions, taxation, and trade. The Anti-Federalists fought against the Constitution due to its lack of a bill of rights, and the Federalists argued for a strong central government. The Supreme Court has played a crucial role in interpreting the Constitution, with justices appointed by presidents to uphold specific interpretations of the law. The size of the Supreme Court has changed multiple times, and it has been criticised for narrowly interpreting provisions to overturn laws such as the Voting Rights Act.
| Characteristics | Values |
|---|---|
| Interpretation of existing provisions | The Supreme Court has interpreted the Constitution to overturn laws like the Voting Rights Act. |
| Equality and human rights | The Constitution articulated the idea of fundamental equality and human rights, but it preserved slavery and excluded women, non-white people, indigenous people, and non-property owners from the definition of "the people." |
| Supreme Court justices | There has been a trend of presidents appointing justices with a restrictive interpretation of the Constitution, which may impact equality and human rights. |
| Amendments | There have been 27 amendments to the Constitution, including the Bill of Rights, the Sixteenth Amendment (removing constraints on Congressional power to tax income), the Eighteenth Amendment (prohibiting alcohol), and the Twenty-seventh Amendment (preventing members of Congress from granting themselves pay raises during the current session). |
| Congressional representation | The Constitution compromised by giving each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate, and by counting enslaved Africans as three-fifths of a person. |
| Central government | The Anti-Federalists opposed the Constitution as it created a powerful central government and lacked a bill of rights. |
| Constitutionality of state laws | The Supreme Court has reviewed and overturned state laws, such as in the case of Pollock v. Farmers' Loan & Trust Co., where an unapportioned federal income tax was declared unconstitutional. |
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What You'll Learn
The Supreme Court's interpretation of the Constitution
The US Constitution has been amended and interpreted in various ways over the last 234 years. The Supreme Court has played a crucial role in interpreting the Constitution and shaping the nation's laws and policies.
Another example of the Supreme Court's interpretation of the Constitution is the case of *Gutierrez v. Saenz*, where a Texas death row inmate challenged the constitutionality of a Texas law governing when an inmate may seek post-conviction DNA testing. The central issue before the Supreme Court was not the constitutionality of the Texas law but rather whether Gutierrez had constitutional standing. This case highlights the complex nature of constitutional interpretation and the role of the Supreme Court in resolving legal disputes.
In addition to interpreting the Constitution through specific cases, the Supreme Court has also established important principles that guide lower courts and shape legal doctrines. One such principle is the doctrine of judicial review, which holds that the Supreme Court has the power to declare legislation contrary to the Constitution void. This doctrine was advocated by Alexander Hamilton in Federalist No. 78, who argued that a "limited constitution" could only be preserved through courts upholding the people's authority over legislatures. John Marshall, the fourth chief justice of the Supreme Court, played a crucial role in establishing judicial review and helped shape the nation's laws through his rulings.
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Amendments to the Constitution
The US Constitution has been amended 27 times since it was put into operation on March 4, 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments.
The process of amending the Constitution is detailed in Article Five, which outlines a two-step process requiring proper proposal and ratification before an amendment becomes operative. Amendments can be proposed and sent to the states for ratification by either a two-thirds majority vote in both the Senate and the House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states, either through their legislatures or state ratifying conventions.
The Twenty-first Amendment, ratified in 1933, is the only amendment to explicitly repeal an earlier one. It repealed the Eighteenth Amendment, which had established the prohibition of alcohol.
The Supreme Court has played a significant role in interpreting the Constitution and ruling on its constitutionality in various cases. For example, in Gutierrez v. Saenz, the Court addressed the constitutional standing of a Texas death row inmate challenging a Texas law governing post-conviction DNA testing. In another case, Free Speech Coalition v. Paxton, the Court dealt with a challenge to a Texas law requiring age verification on commercial websites with "sexual material harmful to minors."
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. While most proposals die in congressional committees, a select few receive a vote by the full House or Senate. The last proposal to gain the necessary two-thirds support in both chambers for submission to the states was the District of Columbia Voting Rights Amendment in 1978.
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The Constitution and racial justice
The US Constitution has been tested over the years in terms of racial justice, with the Supreme Court playing a significant role in interpreting and shaping racial equality. The 14th Amendment, which guarantees equal protection under the law, has been central to many of these cases.
One notable case is Brown v. Board of Education of Topeka (1954). The Court unanimously ruled that racial segregation in public schools was unconstitutional, overturning the "separate but equal" doctrine and asserting that school segregation violated the 14th Amendment by depriving students of equal educational opportunities. This case was a significant step towards racial equality in education.
Another important case is Dred Scott v. Sandford (1857), which had a very different outcome. Dred Scott, an enslaved man, sued for freedom for himself and his family after being taken to a free state and territory. However, the Court ruled that no Black person, whether enslaved or free, could be considered an American citizen, pushing back efforts for the abolition of slavery and confirming the lack of constitutional protections for African Americans at the time. This decision was later overturned by the 14th Amendment's ratification after the Civil War.
More recently, the Supreme Court's ruling in Students for Fair Admissions has caused controversy. The Court struck down race-based affirmative action in college admissions, arguing that the 14th Amendment's Equal Protection Clause was race-neutral. This ruling has been criticised for undoing progress towards racial equality and emboldening challenges to race-inclusive programs across the country.
The Constitution has also been tested in terms of affirmative action in Regents of the University of California v. Bakke. The Court ruled that the use of racial quotas violated the 14th Amendment's Equal Protection Clause, while the use of race as one factor in admission was permissible. This case highlights the ongoing debate over affirmative action and racial equality in university admissions.
In conclusion, the US Constitution has been tested and interpreted in various ways over the years in the pursuit of racial justice. While significant progress has been made, such as the Brown v. Board of Education ruling, there have also been setbacks, like the Dred Scott case and recent rulings on affirmative action. The 14th Amendment's Equal Protection Clause remains a crucial factor in these debates, shaping the legal landscape of racial equality in the US.
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The Constitution and the power of Congress
The US Constitution has been tested and interpreted in various ways over the years, and it has evolved since it was first signed in 1787. One of the key tests of the Constitution has been the power it grants to Congress, and how this has been used and challenged over time.
The Constitution has been amended 27 times since its inception, with the first 10 amendments, known as the Bill of Rights, being ratified in 1791. The Anti-Federalists, who opposed the Constitution due to its resemblance to the central government they had just overthrown, and its lack of a bill of rights, were instrumental in pushing for these early amendments. The Eighth Amendment, for example, protects people from excessive bail or fines and cruel and unusual punishment, while the Ninth Amendment guarantees individuals' fundamental rights beyond those stated in the Constitution.
The power of Congress to lay and collect taxes has also been a significant area of focus. The Sixteenth Amendment, ratified in 1913, removed constraints on Congress's ability to tax income, greatly expanding federal taxing and spending power. This was a notable shift in power towards a stronger central government, which the Federalists had advocated for.
Congressional representation has been a contentious issue, with debates over whether it should be based on population or divided equally among the states. The Three-Fifths Compromise, which counted enslaved Africans as three-fifths of a person, was a temporary solution to this dispute. The Constitution's preservation of slavery, its exclusion of marginalised groups, and its contradictions have been criticised as fundamental flaws.
The Supreme Court has played a crucial role in interpreting and upholding the Constitution. The appointment of justices to the Supreme Court has been a strategic move by presidents to influence the interpretation of the Constitution. The court has the power to declare legislation contrary to the Constitution void, and its rulings have helped shape the nation's laws and policies.
Overall, the Constitution has been tested and challenged over the years, particularly regarding the power of Congress. Amendments, interpretations, and Supreme Court rulings have all played a role in shaping how this power is understood and exercised.
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The Constitution and human rights
The Constitution of the United States has been amended several times to uphold human rights and equality. The Bill of Rights, state constitutions, legislation enacted by Congress, and state referendums all legally protect human rights in the US. The portion of the population granted these rights has expanded over time, and federal courts have jurisdiction over international human rights laws.
The Nineteenth Amendment, for example, prohibits discrimination against women's suffrage. The 1970s saw the Burger Court make a series of rulings that clarified that discrimination against women was unconstitutional. Similarly, the Twenty-sixth Amendment, adopted in the same decade, prohibited age-based discrimination in voting for those 18 and older.
In 1958, the US Supreme Court ruled in Trop v. Dulles that the Eighth Amendment must be interpreted in light of "evolving standards of decency". This set a precedent for the 1972 case Furman v. Georgia, which found that the death penalty, as imposed by states, violated the Eighth Amendment.
Despite these advancements, reactionary forces have often turned the Constitution against human rights. For instance, Plessy v. Ferguson applied the Constitution to uphold segregation, and Lochner v. New York prioritised the rights of property and corporations over workers' rights.
The story of human rights in the US is not one of linear progress. Human rights advocates continue to face backlash from powerful forces, including the Supreme Court and state governments, which sometimes undermine fundamental rights through discriminatory laws and policies.
The Universal Declaration of Human Rights (UDHR) and the US Constitution share a commitment to core human rights principles, though they differ in scope and application. The UDHR protects equality, migrants' rights, free and fair elections, and economic rights, often with stronger language than the US Constitution.
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Frequently asked questions
The original US Constitution was considered flawed for preserving and propping up slavery, excluding women, non-white people, indigenous people, and non-property owners from the definition of "the people".
The US Constitution has been amended 27 times since its ratification in 1788. Notable amendments include the First Amendment, which protects the freedom of speech, and the Eighteenth Amendment, which prohibited the production and sale of alcohol.
The Supreme Court has been accused of interpreting the Constitution restrictively, such as in the case of overturning the Voting Rights Act. The Court's interpretation has been influenced by the political leanings of its appointed justices.
The Constitution is tested in modern times through lawsuits challenging the constitutionality of laws, such as in the case of Gutierrez v. Saenz, where a Texas death row inmate challenged a Texas law governing post-conviction DNA testing.
