Isabella Carter
The United States Constitution has served as a model for governance worldwide, influencing the principles of the rule of law, separation of powers, and recognition of individual rights. The US Constitution is supported by seven principles, which can be likened to building blocks that form the foundation of the nation. These principles were established by the Framers of the Constitution, who constructed a new system of government. The US Constitution was drafted in 1787, and its preamble outlines five objectives, including the establishment of justice, the formation of a more perfect union, and the securing of liberty.
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What You'll Learn
The US Constitution is founded on seven principles
The US Constitution has been a notable model for governance worldwide, especially during the 1970s. Its influence can be seen in the similarities in phrasing and borrowed passages in other constitutions, as well as in the principles of the rule of law, separation of powers, and recognition of individual rights. The Constitution establishes the supremacy of federal laws and treaties over state laws and constitutions, and requires that all federal and state legislators, officers, and judges take oaths or affirmations to support it.
The key to the rule of law is a commitment to applying laws fairly to everyone, as explained by federal judges. The separation of powers among the branches of government creates healthy tensions that produce outcomes impacting everyday life in America. The US Constitution also links to the regime principles proclaimed in the Declaration of Independence, including the basic rights of life, liberty, and property.
These seven principles, agreed upon by the Framers during the summer of 1787, set out the aspirations of "We the People" for their government and way of life as a nation. They form the foundation of the United States Constitution, influencing governance both within the US and internationally.
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The US Constitution is a cornerstone of civil religion
The US Constitution is a secular document, and its framers believed in the separation of church and state. The Constitution maintains a general silence on the topic of religion, barring two instances. The first is Article VI, which prohibits religious tests as a qualification for public service. The second is the First Amendment, which includes the Establishment Clause and the Free Exercise Clause. The Establishment Clause prevents the government from adopting any particular religion, while the Free Exercise Clause protects an individual's right to religious belief and practice. The Fourteenth Amendment further guarantees religious civil rights, prohibiting discrimination based on religion.
The absence of explicit mention of religion in the Constitution was intentional, as the framers believed in religious freedom and wanted to prevent governmental intervention in citizens' religious affairs. This stance was influenced by the belief that any government involvement in religion would infringe on religious freedom. The Constitution's approach to religion was shaped by the historical context of the time, including the disestablishment of state churches in the colonies and the demand for religious freedom.
The Supreme Court has played a significant role in interpreting and enforcing religious freedom. Landmark cases include Cantwell v. Connecticut, where the Court ruled that a local ordinance requiring a license for religious solicitation violated the Free Exercise Clause, and Lee v. Weisman, where the Court ruled that prayer established by a school official at a middle school graduation was unconstitutional. The Court has also ruled on cases involving the interaction of religion and contraceptive healthcare, such as Burwell v. Hobby Lobby, and has generally adopted a more restrictive view of the protections of the Free Exercise Clause in recent years.
The US Constitution's treatment of religion has been a topic of debate throughout the nation's history. Some, like Washington and Adams, viewed religion as essential to morality and freedom. In contrast, others, like Thomas Jefferson and James Madison, advocated for a separation of church and state. The Constitution's secular nature has been a source of disappointment for some, who felt it slighted God and failed to recognize His mercies. Despite the lack of explicit mention, the Constitution has been interpreted and enforced by the courts to protect religious freedom and civil liberties.
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The US Constitution is modelled on the separation of powers
The US Constitution is underpinned by the principle of the separation of powers, which is one of the most well-known legal and political doctrines in constitutional law. The separation of powers is intended to prevent tyranny and protect the liberty of US citizens.
The US Constitution divides the federal government's powers between three separate branches of government: the legislative, executive, and judicial. This structure allows each branch to perform its tasks efficiently and effectively, while also allowing each branch to "check" the actions of the other two. For example, Congress makes the laws, but the President can veto them, and the Supreme Court can declare them unconstitutional.
The legislative branch makes the laws through a Congress of two houses: the Senate and the House of Representatives. The executive branch enforces the laws through the President, Vice President, and numerous executive departments such as Treasury and State. The judicial branch interprets the laws through the Supreme Court and other lower courts.
The separation of powers doctrine is also reflected in the Constitution's implementation of limits on the federal government's powers. For example, Congress often writes legislation to restrain executive officials to the performance of their duties, as laid out by the laws Congress passes. The Constitution empowers the President to ensure the faithful execution of the laws made by Congress and approved by the President. However, Congress may terminate such appointments by impeachment and restrict the President.
The Framers of the US Constitution borrowed ideas from ancient and existing governments and embraced different theories of political science to craft a new government. For example, James Madison, who participated in the Constitutional Convention of 1787 that drafted the Constitution, borrowed ideas from Montesquieu, a French noble and scholar who advocated for a separation of powers structure.
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The US Constitution is influenced by British political philosophy
The US Constitution is deeply influenced by British political philosophy. The philosophical foundations of the United States Constitution are rooted in the ideas of natural rights, separation of powers, republicanism, and the social contract. These ideas were carefully considered by the Framers to create a system balancing individual liberties with collective responsibility.
The concept of natural rights, as articulated by John Locke, significantly influenced the minds of the Framers of the US Constitution. Locke's philosophy, which recognised the innate and inalienable rights of individuals to life, liberty, and property, is reflected in the Declaration of Independence, which states that "all men are created equal" and possess "certain inalienable Rights." This belief in natural rights also influenced the French Declaration of the Rights of Man and of the Citizen.
The importance of property rights within British common law also profoundly influenced the American legal system and the US Constitution. The Fifth Amendment's Takings Clause, which protects property rights, reflects the British common law's emphasis on safeguarding individuals' property from arbitrary government interference. The structure and functioning of the American judiciary, including the concept of an independent judiciary free from political influence, can also be traced back to British legal principles.
Republicanism, drawing from the classical traditions of the Roman Republic and the philosophical works of Cicero, played a pivotal role in shaping the Framers' vision for the new American republic. Cicero's advocacy for a political system where citizen participation, rights, and responsibilities were central, resonated with the Framers' beliefs. They embraced the idea that a republic thrives when its citizens prioritise the collective well-being over their personal interests.
Additionally, the belief in the autonomy of colonial legislative power, as espoused by Thomas Jefferson, James Wilson, and John Adams, strongly influenced the Continental Congress. They argued that the American colonies were distinct states united under the king but not subject to Parliament, reflecting a desire for self-governance and a rejection of centralised authority.
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The US Constitution is amended by judicial review
The US Constitution is a foundational document, but it is not set in stone. It is a living, adaptable text that can be amended through judicial review. This process, unique to the US, allows the Supreme Court to interpret the Constitution and declare acts of Congress or the Executive unconstitutional.
Article III, Section I of the Constitution establishes the federal judiciary, with the Supreme Court at its apex. The Judiciary Act of 1789 further shaped the Court, creating a Supreme Court of six justices and establishing the lower federal court system. The Supreme Court has original jurisdiction to issue writs of mandamus, compelling government officials to act in accordance with the law.
The power of judicial review is not explicitly mentioned in the Constitution, but the Court has asserted its authority to strike down state laws found to violate the Constitution. This power has been used to protect civil rights and liberties, ensuring that each branch of government recognizes its limits and that popular majorities do not pass laws harming minorities.
For example, in United States v. Nixon (1974), the Court ruled that President Nixon must turn over tape recordings related to the Watergate scandal, despite the president's claim of executive privilege. The Court has also ruled on economic matters, such as in Youngstown Sheet & Tube Co. v. Sawyer (1952), where it decided that the president does not have the inherent power to seize steel mills in times of war.
The Supreme Court plays a crucial role in the US constitutional system of government, acting as the final arbiter of Constitutional rights and ensuring that the Constitution remains a flexible and adaptable document.
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