Omar Bennett
The United States Constitution, the supreme law of the United States, has been amended numerous times since its ratification in 1789. The original text, consisting of seven articles, established the framework of the federal government and the doctrine of the separation of powers. Despite amendments, some fundamental contradictions remain, and the Constitution has been criticised for guaranteeing relatively few rights compared to other nations. The process of amending the Constitution is intentionally difficult, requiring broad societal agreement on the need for change. Despite this, the Constitution has been interpreted and applied in various ways over time, with some arguing that reforms are needed to uphold human rights and equality.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| Main Purpose | Defines the basic framework of the federal government |
| Amendments | Amendments are indicated by brackets or italics |
| Rights | Relatively few rights guaranteed compared to other countries |
| Difficulty of Amendment | Most difficult constitution in the world to amend |
| Equality and Opportunity | Provides tools and resources for full equality and opportunity |
| Human Rights | Justices are increasingly resistant to upholding human rights |
| Appointment of Justices | Presidents appoint justices with restrictive interpretations |
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What You'll Learn
The US Constitution is the supreme law
The Constitution has been amended several times since its inception, with Articles that have been amended still including the original text. However, provisions repealed by amendments under Article V are usually bracketed or italicized to indicate they no longer apply. These amendments have improved the Constitution over time, addressing some of the fundamental contradictions present in the original document.
Despite these amendments, the US Constitution still guarantees relatively few rights compared to the constitutions of other countries. It contains fewer than half (26 out of 60) of the provisions listed in the average bill of rights and is one of the few constitutions in the world that still includes the right to keep and bear arms. The US Constitution is also one of the most difficult to amend, which has contributed to the persistence of undemocratic institutions that other democracies have reformed.
Despite its flaws, the current US Constitution provides the tools, resources, and principles necessary for full equality and opportunity for all citizens. However, there has been a trend of presidents appointing justices with restrictive interpretations of the Constitution, creating a barrier to equal justice and opportunity. To address this, some have suggested reforming the process of appointing justices to the Supreme Court, while others argue that the solution lies in building the political will to appoint justices committed to upholding human rights and equality.
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It guarantees relatively few rights
The US Constitution guarantees relatively few rights compared to the constitutions of other countries. According to a 2012 study by David Law and Mila Versteeg, it contains fewer than half (26 out of 60) of the provisions listed in the average bill of rights. It is also one of the few constitutions in the world that still features the right to keep and bear arms.
The US Constitution was influenced by the European Enlightenment thinkers, such as Montesquieu and John Locke, and the existing forms of government in Europe. However, Benjamin Franklin and Thomas Jefferson had reservations about European governments, which they viewed as autocratic monarchies incompatible with the egalitarian character of the American people. The Constitution's main provisions include seven articles that define the basic framework of the federal government, with the first three articles embodying the doctrine of the separation of powers.
The Bill of Rights, one of the three founding documents, was strongly influenced by the Virginia Declaration of Rights, written by George Mason, and English documents such as the Magna Carta, the Petition of Right, and the English Bill of Rights. The first ten amendments to the Constitution make up the Bill of Rights, which was written by James Madison to limit government power and protect individual liberties. The First Amendment, for example, protects the freedom of speech and religion. The Fourth Amendment safeguards citizens' right to privacy, preventing unreasonable government intrusion into their homes without a warrant.
The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out. This idea of unenumerated rights is also explored in the Ninth and Fourteenth Amendments, with a focus on rights including travel, political affiliation, and privacy. The Fourteenth Amendment's Due Process Clause has been interpreted to protect rights not specifically listed in the Constitution, such as the right to marry, the right to procreate, and the right to bodily integrity.
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It's been amended and improved
The US Constitution has been amended and improved over time, with the original text still included in amended articles. The Constitution, as it stands, provides the tools, resources, and principles to ensure full equality and opportunity for all Americans.
One example of an improvement is the replacement of the original list of 13 states with "of the United States," unifying the nation under one federal government. The Constitution's seven articles define the framework of the federal government, with the first three articles embodying the separation of powers into three branches: legislative, executive, and judicial.
However, some critics argue that the US Constitution is too difficult to amend, hindering democratic reforms and allowing undemocratic institutions to persist. Sanford Levinson, for instance, notes that it is easier to amend the constitution in Guatemala and Mexico, which also guarantee the right to keep and bear arms.
Despite this criticism, the US Constitution's framers intentionally made it challenging to change, ensuring that amendments reflect broad societal agreement rather than political whims. This safeguard has preserved the document's fundamental principles while allowing for amendments that address societal changes and evolving interpretations of equality and human rights.
While the Constitution has been amended to improve equality and human rights, there is ongoing debate about the interpretation and application of these amendments. Some argue that the appointment of Supreme Court justices who resist full equality and justice is a significant barrier. Others suggest that building the political will to appoint justices committed to upholding human rights and equality is the best solution.
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It's influenced by European Enlightenment thinkers
The US Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution's main provisions include seven articles that define the basic framework of the federal government.
The US Constitution was influenced by the ideas of European Enlightenment thinkers such as Montesquieu, John Locke, and others. The concepts of unalienable rights, the separation of powers, and the structure of the Constitution drew heavily from these Enlightenment thinkers.
One of the key Enlightenment thinkers, John Locke, based his philosophy of governance on social contract theory, which was a significant aspect of Enlightenment political thought. Locke's ideas influenced Thomas Jefferson, who incorporated Enlightenment ideals into the Declaration of Independence. Jefferson's political ideals were also shaped by the writings of Bacon and Newton, whom he regarded as three of the greatest men in history, alongside Locke.
Another influential figure, Benjamin Franklin, actively participated in scientific and political debates during his visits to Europe. He brought these new ideas back to Philadelphia, and in a speech at the Constitutional Convention, he acknowledged the influence of ancient models of government and modern European states on the American political thought process.
The Enlightenment's emphasis on religious tolerance and the importance of individual conscience, as advocated by thinkers like Condorcet, Marmontel, and d'Alembert, also left an indelible mark on the drafting of the US Constitution. The concept of a "wall of separation between church and state" at the federal level, as articulated by Jefferson in a letter to the Danbury Baptist Association in Connecticut, exemplifies this influence.
Furthermore, the Scottish Enlightenment thinkers, including Hume, contributed to the development of a "science of man," which examined human behaviour in ancient and primitive cultures while considering the forces of modernity. This movement laid the groundwork for modern sociology and classical liberalism, with Hume's philosophical concepts directly influencing James Madison, who played a pivotal role in shaping the US Constitution.
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It's difficult to amend compared to other countries
The US Constitution is considered by some scholars to be the most difficult to amend in the world. Sanford Levinson wrote that it has been the hardest constitution to amend since the fall of Yugoslavia. Levitsky and Ziblatt argue that the US Constitution's rigidity helps explain why the US still has so many undemocratic institutions that most other democracies have reformed, thereby allowing significant democratic backsliding in the United States.
The US Constitution has withstood all modern efforts to renovate its outdated architecture on elections, federalism, rights, and beyond. In the last half-century, democratic reformers have proposed thousands of amendments to make the Constitution more equal, inclusive, and just, but each proposal has failed. This has led to the constitution being labelled as frozen and stuck in the past.
The difficulty in amending the US Constitution compared to other countries can be attributed to the political culture of constitutional veneration, which makes it hard to amend and even harder to replace. This culture could have been avoided if Thomas Jefferson's ideas had been implemented early in the life of the new republic. Jefferson proposed periodically rewriting the Constitution to allow each generation to update it according to its needs, preferences, and values.
The Jeffersonian model may still be useful for countries writing new constitutions to prevent them from becoming difficult to amend in the future. However, it is no longer a viable option for the US Constitution.
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Frequently asked questions
The US Constitution has been amended several times. Articles that have been amended still include the original text, although provisions repealed by amendments under Article V are usually bracketed or italicized to indicate they no longer apply.
The US Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789.
The US Constitution originally included seven articles, which define the framework of the federal government.
The US Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
The US Constitution has been criticized for guaranteeing relatively few rights compared to other countries' constitutions. It has also been described as "both brilliant and highly flawed" due to fundamental contradictions and a lack of explicit provisions for advancing equality.
