Malcolm Rivera
The United States Constitution, which came into force in 1789, is the country's supreme law. It is a document that outlines the framework of the federal government, including the separation of powers into three branches: the legislative, executive, and judicial. The Constitution has been criticised as self-centred due to its focus on individual liberty and private pursuits over public welfare. The privatisation of religion, for instance, made it a matter of individual choice, reflecting a modern liberal template that encouraged self-interest and the pursuit of personal ambitions. The Constitution has also been criticised for its treatment of slavery and the potential to create an imbalance between states and the federal government.
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What You'll Learn
The Constitution's 'privatization' of religion
The United States Constitution, which came into effect in 1789, has been criticised for its privatisation of religion. This criticism stems from the interpretation that the Constitution relegates religion to a "private" realm, separate from the sphere of government, politics, and the "public".
The First Amendment, part of the Bill of Rights, has been interpreted to mean that there should be "'no state church'. The establishment clause, according to the Supreme Court, prohibits all aid, encouragement, and support of religion, even if it is sect-neutral. This interpretation has been described as erecting a "'wall of separation' between church and state.
The Supreme Court's stance on this issue has been criticised as inconsistent. For example, the Court permits the state to provide private school pupils with books but not with maps. This has led to confusion over whether the state can provide books of maps.
The privatisation of religion in the Constitution has been linked to the concept of individual choice and autonomy, reflecting John Locke's idea of the "autonomous individual". This shift towards progressive liberalism has been seen as fostering a society that commends self-interest and private pursuits over public welfare.
The absence of a bill of rights in the original Constitution also disappointed many Americans, who wanted explicit protections for religious freedom. However, the First Congress under the new government added a bill of rights, including the freedom of religion, as the first ten amendments to the Constitution in 1791.
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Supreme Court's power of judicial review
The Constitution of the United States is the supreme law of the land, superseding the Articles of Confederation in 1789. It establishes a federal judiciary, with Article III, Section I stating 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." This article also permits Congress to decide how to organize the Supreme Court, which they did with the Judiciary Act of 1789, creating a Supreme Court with six justices.
The Supreme Court is the highest court in the land and is a crucial part of the constitutional system of government. Its power of judicial review is essential in maintaining the balance of power between the three branches of government: legislative, executive, and judicial. The Court's ability to declare a Legislative or Executive act in violation of the Constitution, also known as judicial review, was established in the case of Marbury v. Madison in 1803. This power allows the Court to ensure that each branch recognizes its limits and protects civil rights and liberties by striking down laws that violate the Constitution.
The Supreme Court's role in interpreting and applying the Constitution has evolved over time. The Court has the discretion to choose which cases to hear, and it issues rulings that impact society as a whole. The Court has developed a system of self-limiting its power of judicial review, choosing to address constitutional questions only when necessary for a case decision. This self-restraint has been criticized for allowing an imbalance between states and the federal government and compromising the protection of civil rights, political minority groups, and aliens.
The Supreme Court's power of judicial review has been a subject of debate, with proposals suggesting a Court supermajority to overturn Congressional legislation or a mandatory retirement age for justices. Despite these discussions, the Court's power of judicial review has persisted, and it continues to play a critical role in interpreting and upholding the Constitution.
The Constitution, with its modern liberal template, has been criticized for fostering a society that encourages self-interest and individual ambition over concern for the public good. This criticism highlights a perceived shift from America's early, Christian culture, which fostered shared norms and virtues, to a more individualistic and liberal society.
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The Constitution's modern liberal template
The US Constitution is a self-centred document in that it is the supreme law of the land, superseding all other laws and dictating the frame and powers of the federal government. The Constitution has been amended 27 times since it came into force in 1789, with the first ten amendments forming the Bill of Rights, which protects individual liberty and justice and restricts government powers.
The Constitution's preamble sets the stage for the document, communicating the intentions of its framers. The Constitution was drafted over six weeks during the summer of 1787, with the first draft being accepted on August 6. The final document was produced five weeks later, with the members of the convention debating and compromising on various sections.
The Constitution delineates the federal government into three branches: the legislative, consisting of Congress (the Senate and House of Representatives); the executive, consisting of the President and subordinate officers; and the judicial, consisting of the Supreme Court and other federal courts. The Supreme Court plays a crucial role in interpreting and reviewing the constitutionality of laws, but it also self-limits its power to maintain a balance with the other branches of government.
The process of interpreting the Constitution involves examining the records from the founding era, including the Philadelphia convention, ratifiers, and The Federalist, to understand the intentions and choices of the framers. The Constitution has been described as a "Lockean" document born of the Enlightenment, reflecting modern liberal premises that have shaped American society.
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The separation of powers
The United States Constitution is the supreme law of the United States of America. It outlines the framework of the federal government and is comprised of three branches: the legislative, the executive, and the judiciary. This is the separation of powers.
The legislative branch consists of the bicameral Congress (Article I). The executive branch is made up of the President and subordinate officers (Article II). Lastly, the judicial branch consists of the Supreme Court and other federal courts (Article III).
Each branch of the US government has separate powers and abilities to check the other branches. This allows each branch to perform its tasks efficiently and effectively. For example, the Supreme Court assumes the power to declare acts of Congress as unconstitutional but self-limits its passing on constitutional questions. Similarly, the President holds "important political powers" and executive privilege, which grants great discretion.
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The Supreme Court's role in national government
The Supreme Court is the highest court in the United States, and it plays a crucial role in the country's constitutional system of government. The Court's role in national government is complex and multifaceted, balancing several pressures to maintain its position as a co-equal branch. Here are some key aspects of the Supreme Court's role:
- Interpreting and Safeguarding the Constitution: The Supreme Court is tasked with interpreting and safeguarding the Constitution, the supreme law of the United States. It has the power of judicial review, which means it can strike down laws that violate the Constitution and protect civil rights and liberties. The Court decides when a Constitutional right is violated and has the final say on whether a right is protected by the Constitution.
- Checks and Balances: The Supreme Court is one of the three branches of the federal government, along with the legislative and executive branches. It operates within a system of checks and balances, where each branch has its own roles and areas of authority. The Court ensures that each branch recognises the limits of its power and cannot overpower the others.
- Jurisdiction and Case Selection: The Supreme Court has original jurisdiction over certain cases, such as disputes between states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear appeals on cases involving constitutional or federal law. The Court receives thousands of petitions each year but carefully selects which cases to consider, exercising self-restraint in its judicial review.
- Impact on Society: The decisions made by the Supreme Court have a profound impact on society. Landmark cases have shaped the rights of students, such as in Tinker v. Des Moines, where the Court upheld the right of students to express their political views. The Court's rulings can influence national politics, spark debates over democratic principles, and affect the lives of Americans beyond legal circles.
- Appointment and Tenure of Justices: The Supreme Court consists of nine justices: one Chief Justice and eight Associate Justices. These justices are appointed by the President and confirmed by the Senate. They typically hold office for life, with their salaries protected during their term. This lifetime tenure is intended to protect the independence of the judiciary from political influence.
- Relationship with Other Branches: The Supreme Court must work in tandem with the other branches of government. While it has the power to declare acts of Congress unconstitutional, it also depends on the executive branch to enforce its decisions. The Court seeks to minimise situations where it asserts superiority over the President or Congress, recognising the need for cooperation within the constitutional framework.
In conclusion, the Supreme Court's role in national government is essential for maintaining the balance of power, interpreting the Constitution, and safeguarding the rights and liberties of Americans. Its decisions shape the country's legal and political landscape, and its role as a co-equal branch of government is a key feature of the United States' constitutional democracy.
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Frequently asked questions
The Constitution of the United States is the supreme law of the land, superseding the Articles of Confederation in 1789. It consists of seven articles that establish the framework of the federal government, including the separation of powers into three branches: the legislative, executive, and judicial.
The Constitution has been criticised for its self-centered nature, with its modern liberal template fostering individualism and a focus on private pursuits over public welfare. This has been attributed to its "privatization" of religion, making it a matter of individual choice.
The Supreme Court plays a crucial role in interpreting and enforcing the Constitution. It has the power to declare acts of Congress unconstitutional and to provide guidance on basic problems of life and governance in a democracy. However, it self-limits its passing on constitutional questions and seeks to maintain a balance with the other branches of government.
The Constitution has been amended 27 times since its inception. The first ten amendments, known as the Bill of Rights, protect individual liberties and limit government powers. Subsequent amendments have expanded civil rights protections, addressed federal authority, and modified government processes.
The Constitution was drafted during a time of political debate and controversy. The Articles of Confederation were seen as weak and ineffective, and were heavily criticised by Alexander Hamilton and John Jay in a series of essays known as the Federalist Papers. The Constitutional Convention in 1787 was marked by disagreements over issues such as regulation of commerce and slavery.
