Jonah Patel
The US Constitution is the oldest written national constitution still in use and acts as the fundamental law of the US federal system of government. It defines the basic rights of citizens and the principal organs of government and their jurisdictions. The Constitution has been amended 27 times, with additional rules added in 1804. The authors of the Constitution were heavily influenced by the country's experience under the Articles of Confederation, which attempted to retain as much independence and sovereignty for the states as possible.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| Amendments | 27 |
| First 10 Amendments | Bill of Rights |
| First Amendment | Right of individuals to keep and bear arms |
| Second Amendment | Prohibition on the federal government forcing individuals to provide lodging to soldiers in their homes during peacetime without their consent |
| Third Amendment | Powers of federal government |
| Tenth Amendment | Powers not listed for the federal government are left to the states or the people |
| Eleventh Amendment | Federal courts cannot hear cases where a state is sued by an individual from another state or country |
| Twelfth Amendment | Election of the president when neither candidate obtains a majority of votes in the Electoral College |
| Requirements to be elected president | Natural-born citizen of the United States, lived in the US for at least 14 years, and be at least 35 years old |
| Judicial Power | Includes power to explain the meaning of the Constitution as it applies to particular cases |
| Judicial Power over cases | Actual cases and controversies |
| Jury | Impartial and independent |
| Right to Speedy Trial | Yes |
| Congress | Power to create and organise lower federal courts |
| Federal judges | Appointed for life |
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What You'll Learn
Amendments and their impact
The US Constitution has been amended 27 times since it was drafted in 1787. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. These initial amendments introduced a range of civil liberties and rights, including freedom of speech, freedom of the press, the right to peaceably assemble, and the right to petition the government. Additionally, the right to keep and bear arms was established, with the caveat that a well-regulated militia is necessary for a free state.
One notable amendment is the 12th amendment, which superseded a portion of Article II, Section 1 of the original Constitution. It outlines the process for the Electors to vote for the President and Vice-President, stipulating that they must be from different states and that the person with the most votes for President becomes the President.
The 14th amendment is another significant amendment. It modified Article I, Section 2 of the Constitution, defining citizenship and guaranteeing equal protection under the law. This amendment also addressed issues like apportionment of representatives and voting rights.
Amendments have had a profound impact on the rights of citizens. For instance, amendments have been responsible for granting women the right to vote, abolishing poll taxes, and lowering the minimum voting age to 18. They have also played a role in shaping policies, such as enacting and later repealing Prohibition.
The process of amending the Constitution is deliberately challenging and time-consuming. A proposed amendment must gain significant support, passing by a two-thirds majority in both houses of Congress, and then be ratified. Despite the difficulties, amendments are an essential tool to secure the rights of citizens and address issues of national importance.
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Federal court powers
Article III of the US Constitution establishes the federal judiciary, with the Supreme Court at its apex. It also permits Congress to decide how to organise the Supreme Court and to establish a system of lower courts. The Judiciary Act of 1789 was the first exercise of this power, creating a Supreme Court with six justices and a lower federal court system.
The Supreme Court is the highest court in the United States and the court of last resort for those seeking justice. It has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but is considered one of the Court's most important roles. The Supreme Court also plays a crucial role in ensuring that each branch of the government recognises the limits of its power and protects civil rights and liberties by striking down laws that violate the Constitution.
The US Constitution gives Congress the power to make exceptions to the appellate jurisdiction of the Supreme Court and to prescribe the jurisdiction of inferior federal courts. Congress also has the power to regulate the modes and practices of proceedings in the inferior federal courts. The jurisdiction of inferior federal courts is generally limited when it comes to cases involving the Constitution, laws, and treaties of the United States.
The federal court system in the United States includes 13 appellate courts, also known as US courts of appeals, and 94 district or trial courts, known as US district courts. The appellate courts review decisions made by lower courts to determine if the law was applied correctly, while the district courts resolve disputes by determining the facts and applying the law to those facts.
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Presidential requirements
The requirements to be elected president vary across different countries. Here is a list of some of the requirements to be met by presidential candidates in a few countries:
United States of America
The United States Constitution has several requirements that every person must meet to become President of the United States. Firstly, they must be a natural-born citizen of the United States. This means that the person was born in the United States and did not have to go through the naturalization process to become a citizen. Secondly, they must be at least 35 years old. Thirdly, they must have lived in the United States for at least 14 years. Finally, the president-elect must swear an oath of office before assuming the presidency.
Colombia
Article 191 of the Colombian Constitution requires that to be president, one must be Colombian by birth, have full citizenship, and be older than 30.
China
Article 79 of the Constitution of the People's Republic of China states that citizens who have the right to vote and stand for election and have reached the age of 45 are eligible for election as president or vice president.
Maldives
The Constitution of the Maldives requires that the president be a Maldivian citizen born to parents who are Maldivian citizens and who is not also a citizen of a foreign country. They must also be a Muslim and a follower of a Sunni school of Islam.
North Macedonia
The Constitution of North Macedonia requires that the president must be a citizen of the Republic of North Macedonia, be over 40 years of age, and have lived in North Macedonia for at least ten of the previous fifteen years.
Belarus
According to the constitution, any citizen of Belarus who is 35 years old, eligible to vote, and has resided in Belarus for 10 years may be elected president.
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Legislative power scope
The US Constitution, signed on September 17, 1787, and ratified on June 21, 1788, has seven articles and 27 amendments.
Article I of the US Constitution outlines the powers of the Legislative Branch, which consists of a Senate and a House of Representatives. This article grants all legislative powers to Congress, including the authority to make laws and the power of impeachment.
The scope of legislative power is broad and penetrating, as outlined in McGrain v. Daugherty (1927). Congress has the power to investigate and inquire, particularly in areas where it may potentially legislate or appropriate. This allows Congress to obtain the information necessary for the proper fulfillment of its role. However, investigations must respect the rights of individuals and the separation of powers.
Congress has the authority to enforce prohibitions by appropriate legislation, such as in the case of racial discrimination in voting. It can also delegate power to the executive branch and administrative agencies, as affirmed by the Court since 1935.
The Constitution outlines the times, places, and manner of holding elections for Senators and Representatives, with Congress having the ability to alter these regulations. It also specifies the qualifications for Representatives, including age, citizenship, and residency requirements. The House of Representatives chooses its Speaker and has the sole power of impeachment. The Senate, on the other hand, is composed of two Senators from each state, serving six-year terms.
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Citizen rights
The US Constitution, signed on September 17, 1787, and ratified on June 21, 1788, has seven articles and 27 amendments. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791, and aim to protect the rights of individuals from government interference.
The US Constitution has a significant focus on citizen rights, with the concept of citizenship mentioned in the original document, although the details were unclear. The Fourteenth Amendment, which includes the Citizenship Clause, was introduced to address this. The Citizenship Clause establishes that all persons born in the United States and subject to its jurisdiction are citizens with all the associated rights and privileges. This includes those born to alien parents, as per the 1844 New York case of Lynch v. Clarke, which ruled that a child born in the country to a temporary visitor was a natural-born citizen.
The Civil Rights Act of 1866 further clarified citizen rights, declaring that "all persons born in the United States and not subject to any foreign power...are hereby declared to be citizens of the United States." This Act was introduced due to concerns about the constitutionality of citizenship rights, particularly in relation to the rights of African Americans, which had been challenged in the 1857 Dred Scott v. Sandford case.
The Bill of Rights guarantees specific citizen rights, including religious freedom, freedom of speech and the press, the right to assemble and petition the government, the right to keep and bear arms, protection against unreasonable search and seizure, and the right to trial by jury. It also ensures that no one can be forced to testify against themselves and that no one can be punished without due process of law.
Other amendments have expanded upon citizen rights, such as the Thirteenth Amendment, which abolished slavery, the Nineteenth Amendment granting women the right to vote, and the Twenty-sixth Amendment lowering the voting age to 18. These amendments reflect the evolving nature of citizen rights in the United States, with the Constitution serving as a foundation for protecting and expanding individual freedoms.
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Frequently asked questions
The US Constitution is made up of seven articles and 27 amendments.
The seven articles make up the structural constitution, which was signed on September 17, 1787, and ratified on June 21, 1788.
The 27 amendments to the Constitution include the Bill of Rights, which are the first 10 amendments, and the Twelfth Amendment, which was added in 1804.
The US Constitution is the oldest written national constitution still in use.
