Eleanor Finch
The US Constitution is a document that has evolved with the times, unlike the Texas Constitution, which is poorly written and contains many obsolete provisions. The US Constitution was drafted by influential delegates at the Constitutional Convention of 1787, including George Washington and Benjamin Franklin, to establish a government that would preserve liberty and enable prosperity. The Constitution has been amended over time, but its structure and core principles remain unchanged. It is important for citizens to understand their constitutional rights and the document's key messages, such as the balance between liberty and power, the separation of powers, and the role of the government in serving the people. The interpretation of the Constitution is a complex task, and judges must avoid imposing their personal viewpoints, instead focusing on finding principles of interpretation that respect the document's underlying framework.
| Characteristics | Values |
|---|---|
| Main argument | Interpreting the Constitution: looking beyond the specific views of the framers |
| Reasoning | Framework: balancing liberty against power |
| Adapting from generation to generation | Difficult and complex |
| Judges | Should not impose personal viewpoints |
| Main purpose | According to James Madison, for Federalist 47 |
| What Madison meant by the following sayings of Montesquieu | "There can be no liberty, where the legislative and executive powers are united in the same person, or body of magistrates" |
| "If the power of judging be not separated from the legislative and executive powers" | |
| "Where the whole power of one department is exercised by the same hands which possess the whole power of another department, the fundamental principles of a free constitution are subverted" | |
| Implication | Constitution: balancing liberty against power |
| Framework, not blueprint |
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What You'll Learn
The role of government
The United States Constitution outlines the role of the government and the powers it holds. The Constitution is a framework for the US government, and it establishes justice, insures domestic tranquility, provides for the common defence, promotes general welfare, and secures the blessings of liberty for all.
The Constitution grants legislative powers to Congress, which consists of a Senate and a House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the various states. The Congress has the power to dispose of and make rules and regulations regarding US territory and property. It can also constitute tribunals inferior to the Supreme Court, define and punish piracies and felonies committed at sea, and declare war. Congress can raise and support armies, call forth the militia to execute laws, suppress insurrections, and repel invasions.
The role of the President as Commander-in-Chief is also significant. While Congress can declare war, the President, as Commander-in-Chief, is responsible for leading the military and determining the appropriate actions during wartime. This separation of powers between Congress and the President is a key principle in the Constitution.
Furthermore, the Constitution guarantees a republican form of government to each state in the Union. It also protects the states from invasion and domestic violence. The federal government has the authority to make laws necessary for executing its powers and governing the country effectively.
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The relationship between federal and state powers
The Constitution, which replaced the Articles of Confederation in 1787, established a federal government with limited and enumerated powers, while leaving the regulation of intrastate commerce to the states. This principle, known as "Enumerated Powers Federalism," protected state power by restricting the federal government's ability to act. The Tenth Amendment further reinforced this by stating that powers not delegated to the federal government are reserved for the states or the people.
However, federalism has been interpreted differently over time. For example, after the Civil War, the Thirteenth Amendment stripped states of their power to enforce slavery, but Southern states used their police powers to enact Black Codes to oppress freed slaves. The Supreme Court has also played a role in shaping federalism, sometimes broadly interpreting the Constitution to allow Congress to enact legislation beyond its enumerated powers, as in McCulloch v. Maryland (1819).
The process of amending the Constitution has also evolved. Under the Articles of Confederation, amendments required unanimous approval from all state legislatures, which proved to be a major obstacle to reform. The Constitution established a balance, allowing amendments to be proposed by Congress and ratified by specially elected conventions or state legislatures, depending on the state. Judicial review, the power of the Court to examine and strike down laws that are unconstitutional, has also influenced the interpretation of federal and state powers.
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The importance of judicial independence
The US Constitution is a document that has evolved with the times, unlike the Texas Constitution, which was written for a different era. The US Constitution was designed to limit the powers of the national government, dividing it into three co-equal branches, with checks and balances in place to ensure accountability.
The third branch, the judiciary, has assumed the role of interpreting the Constitution and acting as the final arbiter. Judicial independence is crucial to the concept of justice for each individual. It ensures that judges are free of bias and can apply the law freely and fairly, without facing political or personal consequences for their decisions. The founders understood the importance of an independent judiciary to the rule of law, and so federal judges are appointed, not elected, and granted life tenure and irreducible salaries to protect them from external influences.
Alexander Hamilton emphasised the importance of judicial independence in 'The Federalist Papers', stating that "the complete independence of the courts of justice is peculiarly essential in a limited Constitution". An independent judiciary ensures that the Constitution is upheld, even when its tenets are unpopular. It is the only way to protect individual rights that may be politically unpopular at a given time.
While judicial independence is crucial, it must be balanced with accountability. The impeachment process and the Judicial Code of Conduct are checks on the power of the judiciary, ensuring that judges can be removed if acting illegally or unethically. Merit selection processes are also proposed as a way to strengthen the demand for and achievement of judicial independence and accountability to the law.
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The dangers of imposing personal viewpoints
The framers of the Constitution intended for the national government to be strong enough to protect citizens from each other and from foreign enemies, but not so strong as to tyrannize them. To achieve this balance, they limited the powers of the national government, enumerating them specifically, dividing it into three co-equal branches, and ensuring that powers not granted to the national government remained with the states and the people. The relationship between the executive and legislative branches was designed to be somewhat contentious, providing checks and balances, while frequent elections assured accountability.
However, judges, who are tasked with interpreting the Constitution, may venture beyond their proper role and impose their personal viewpoints. This is particularly dangerous as their independence, assured by life tenure and an irreducible salary, can insulate them from accountability. While this independence is meant to assure their neutrality and impartiality, it can also enable judges to act without restraint and interpret the Constitution according to their own biases.
To prevent this, judges must exercise judicial self-restraint, particularly in cases involving political questions. They should look beyond the specific views of the framers and find principles of interpretation that can anchor the Constitution, rather than allowing too much room for imagination and personal viewpoints. By doing so, judges can uphold the underlying principle of the Constitution: balancing liberty against power.
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The need to understand your rights
The US Constitution is a document that changes with the times. It consists of constitutional law and has been amended over the years, though the core of the document has remained the same. The Constitution was structured by its framers to ensure that the national government was by the consent of the people. To do this, the framers limited the powers of the national government, dividing it into three co-equal branches: the executive, the legislative, and the judiciary.
The Constitution is a document that sets out the rights of the people, and it is important that citizens understand their rights. For example, under 42 U.S.C. § 1983, individuals claiming their constitutional rights were violated by state or local government officials are provided a remedy. The Constitution also outlines the role of the government, which is to preserve liberty and allow a free people to prosper.
The Declaration of Independence sets out the basic underlying principle of the Constitution, which is to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty. The Constitution also outlines the structure of the government, with all legislative powers vested in a Congress of the United States, consisting of a Senate and House of Representatives.
The Supreme Court has the duty to interpret the Constitution and say what the law is. Their interpretation binds both Congress and the President, and the Court has the power of judicial review over both branches of government. However, judges should not impose their personal viewpoints and must exercise judicial self-restraint in cases involving political questions.
In conclusion, it is important for citizens to understand their rights as outlined in the Constitution, as well as the role and limitations of the government. By understanding these principles, citizens can protect their liberties and hold the government accountable.
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