Simone Lawson
The US Constitution is a bundle of compromises that outlines the distribution of power among the citizens of the United States. It establishes a system of checks and balances, dividing the central government into three branches: legislative, executive, and judicial. This separation of powers ensures that no single branch dominates the others and prevents the concentration of power in the hands of any one group. The Constitution also limits the powers of the states in relation to one another and outlines the authority of the Federal Government over the states, emphasising that the power of the states serves as a check on the power of the national government. The Constitution protects the personal liberty of citizens from government intrusion and includes amendments that prevent discrimination by the states on the basis of race, sex, and other characteristics.
| Characteristics | Values |
|---|---|
| Separation of Powers | The Constitution divides the central government into three branches: legislative, executive, and judicial. |
| Checks and Balances | Each branch can "check" the powers of the others to ensure no single branch dominates and power is balanced. |
| Limits on Federal and State Power | The Constitution establishes and limits the authority of the Federal Government over the states, emphasising that state power will serve as a check on national government power. |
| Protection of Personal Liberty | The Constitution protects citizens' personal liberty from government intrusion, with some protections found in the main body and most in the Bill of Rights. |
| Prevention of Discrimination | The Fourteenth Amendment's Equal Protection Clause prevents state discrimination based on race, sex, and other characteristics. |
| Difficulty of Alteration | Amendments must pass both houses of Congress by a two-thirds majority and be ratified by three-fourths of state legislatures, making it anti-majoritarian. |
| Presidential Eligibility and Limits | The President must be at least 35 years old and a natural-born citizen. They can only serve two terms and have limited, enumerated powers. |
| Judicial Review | Federal courts can declare statutes enacted by Congress unconstitutional, a power established by the Supreme Court in 1803. |
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What You'll Learn
Separation of powers
The US Constitution's authors were wary of centralised power, adopting the philosophy of "divide and conquer". As a result, they separated the federal government into three distinct branches, each with its own powers and responsibilities, and each serving as a check on the powers of the others.
The first of these branches is the legislative branch, which makes the laws through Congress, consisting of the Senate and the House of Representatives. The second is the executive branch, which enforces the laws. This branch is headed by the president, who becomes the commander-in-chief of the armed forces and has the power to make treaties and appointments to office with the consent of the Senate. The third is the judicial branch, which interprets the laws through the Supreme Court and other lower courts.
The separation of powers is further reinforced by a system of checks and balances. For example, while Congress makes the laws, the president can veto them, and the Supreme Court can declare them unconstitutional. Similarly, the president enforces the law, but Congress must approve executive appointments, and the Supreme Court rules on the constitutionality of executive actions. The Supreme Court can strike down actions by both the legislative and executive branches, but the president nominates Supreme Court justices, who are then confirmed or denied by the Senate.
The system of separation of powers was not uniformly applied across US states in the 18th century. Some states, like New Jersey, Delaware, and Pennsylvania, did not observe a strict separation of powers, with members of the executive branch serving in the judiciary or legislature. Other states, like Maryland, Virginia, North Carolina, and Georgia, explicitly required a separation of powers, keeping the branches of government "separate and distinct".
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Checks and balances
Checks serve as mechanisms for political institutions to limit each other's power. This can be achieved by blocking, delaying, or criticising decisions made by another branch. For instance, in the United States, Congress can appropriate funds and exercise a legislative veto, checking the power of the executive branch. Similarly, the Supreme Court can reverse Congress's decisions, and the president appoints Supreme Court members with the Senate's consent, demonstrating the interplay of checks and balances.
Balances, on the other hand, ensure that diverse views and interests are represented in the democratic process. This includes structures like federalism and the presence of multiple political parties. Balances prevent the majority from acting without considering the perspectives of the minority, guaranteeing that opposition voices are heard during law-making. They enhance the quality of decision-making and safeguard the integrity of the political system.
While checks and balances are crucial for democratic health and public confidence in the political system, they may have drawbacks. Strong checks and balances can hinder unilateral action and lead to gridlock. They can also provide opportunities for vested interests to protect themselves at the expense of others. Therefore, a delicate balance is required to preserve effective checks and balances while enabling essential action.
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Federalism
The Tenth Amendment reinforces that the federal government only has the powers that the Constitution grants it, and any powers not granted to the federal government are reserved for the states or the people. This amendment gives states the power to create and enforce laws to promote their citizens' public health, safety, and welfare. This power is known as the state police power.
The Fourteenth Amendment further protects individual rights against the states, forbidding states from violating the fundamental rights of their citizens and granting Congress the power to enforce these constraints.
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Individual liberty
The US Constitution and its subsequent amendments are designed to protect the individual liberties of citizens. The Bill of Rights, for instance, outlines a number of freedoms that are protected, including freedom of religion, speech, and the press, as well as the right to peaceably assemble and petition the government. The Second Amendment protects the right to keep and bear arms, while the Third Amendment ensures citizens' freedom from housing soldiers without their consent. The Fourth Amendment guarantees security for people in their persons, houses, papers, and effects against unreasonable searches and seizures.
The Fifth Amendment states that no person shall be held to answer for a capital crime without an indictment from a Grand Jury, nor shall any person be subject to double jeopardy or be compelled to be a witness against themselves. It also protects citizens from being deprived of life, liberty, or property without due process and ensures just compensation for any private property taken for public use.
The Fourteenth Amendment's Due Process Clause protects certain fundamental constitutional rights found in the Bill of Rights from state government interference. For example, in McDonald v. Chicago, the Court shed its reluctance to hold that rights guaranteed by the Bill of Rights met the requirements for protection under the Due Process Clause. Similarly, in Duncan v. Louisiana, the Court held that the Due Process Clause of the Fourteenth Amendment incorporates the Sixth Amendment right to a trial by jury and applies it to the states.
The Supreme Court has also played a significant role in interpreting and expanding the concept of individual liberty. For instance, in Bolling v. Sharpe, the Court stated that liberty "is not confined to mere freedom from bodily restraint. Liberty under law extends to the full range of conduct which the individual is free to pursue, and it cannot be restricted except for a proper governmental objective." Similarly, in Ingraham v. Wright, the Court defined liberty as including "freedom from bodily restraint and punishment" and "the right to be free from and to obtain judicial relief for unjustified intrusions on personal security."
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Amending the Constitution
Amending the US Constitution is a challenging and lengthy process. The framers of the Constitution intended it to be this way, writing the document "to endure for ages to come". Since the Constitution was drafted in 1787, it has been amended only 27 times, including the first 10 amendments, which were adopted as the Bill of Rights four years later.
The authority to amend the Constitution comes from Article V of the Constitution. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request that Congress call a Constitutional Convention to propose an amendment. However, this has never happened. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The process of amending the Constitution is deliberately challenging and time-consuming. A proposed amendment must gain significant support to pass, first from Congress and then from a large majority of state legislatures. This ensures that any changes made to the Constitution are widely agreed upon and have a significant impact on the country and its citizens.
The amendment process does not involve the President, and no Constitutional amendments have been proposed by constitutional convention. Once an amendment is ratified, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for certifying that the amendment is valid and has become part of the Constitution. This certification is a formal process and has become a ceremonial function attended by dignitaries, sometimes including the President.
In recent years, there have been various efforts to amend the Constitution, such as proposals for congressional term limits and a balanced budget amendment. While some proposals gain support, the high bar for amending the Constitution ensures that only significant changes that affect all Americans or secure citizens' rights are made.
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Frequently asked questions
The Constitution outlines the division of authority between the federal government and the states, ensuring that no single branch becomes too powerful. It also protects citizens' personal liberties and rights, such as freedom from discrimination.
The Constitution divides the central government into three branches: legislative, executive, and judicial. Each branch has specific powers and can check the others, creating a system of checks and balances. This prevents the concentration of power in any single branch.
The Constitution includes provisions such as the privileges and immunities clause, which prohibits states from discriminating against citizens of other states. It also outlines the powers of the President, Congress, and the federal courts, ensuring that they cannot infringe on citizens' liberties.
Federalism allows citizens to have greater control over their local government by providing the option to move to another city or state, a concept known as "foot voting." This gives individuals the ability to choose from a variety of state laws and policies, rather than being limited to the policies of a single national government.
