Malcolm Rivera
The United States Constitution is one of the longest-lived constitutions in the world. It was established to address the weaknesses of the Articles of Confederation, which was the first American constitution. The Articles of Confederation had created a weak central government, with states wielding more power than the federal government, leading to economic competition and policies that threatened to tear the young country apart. The Constitution aimed to solve these issues by dividing powers between the state and federal governments, establishing checks and balances, and granting Congress explicit powers, such as the power to raise taxes and regulate commerce. The Constitutional Convention, which included figures like George Washington, James Madison, and Alexander Hamilton, debated issues like representation, slavery, and executive power, ultimately crafting a powerful central government with a system of separation of powers and checks and balances to prevent abuses of power.
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What You'll Learn
Separation of powers
The U.S. Constitution establishes three separate but equal branches of government: the legislative branch, the executive branch, and the judicial branch. The legislative branch is responsible for making laws, the executive branch enforces the laws, and the judicial branch interprets the laws.
The Framers of the Constitution structured the government in this way to prevent any one branch from becoming too powerful, thereby creating a system of checks and balances. This separation of powers is one of the most well-known legal and political doctrines in constitutional law.
The Founders devised this solution to avoid what they viewed as the tyranny of the British government. Having just fought a war against British tyranny, Americans were suspicious of executive power. The Framers wanted to ensure that the government's power was not abused and that the rights of the people were protected.
The separation of powers doctrine allows each branch to perform its tasks efficiently and effectively and also to "'check'" the actions of the other branches. For example, Congress has the power to veto the President's veto of proposed laws, and the Supreme Court has the power to review the constitutionality of laws.
While some states, like Delaware and Pennsylvania, did not observe a strict separation of powers in the 18th century, others, like Maryland, Virginia, North Carolina, and Georgia, explicitly required the separation of powers.
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Checks and balances
The US Constitution was created to address problems caused by the Articles of Confederation, which was the country's first constitution. One of the key issues was the power imbalance between the state governments and the federal government. The Articles of Confederation gave the Confederation Congress the authority to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, and the power to tax. This led to states competing against each other economically, with their own currencies and taxes on goods crossing state lines.
The Constitution introduced checks and balances to limit the power of each branch of government and ensure that no one branch became too powerful. This was achieved through a separation of powers, with the federal government only being granted the powers explicitly listed in the Constitution.
One example of checks and balances is the veto power given to Congress to override the president's veto on proposed laws. Another is the Supreme Court's judicial review power, which allows it to determine whether a law is constitutional.
The Constitution also divided powers between the state and federal governments. Certain powers were specifically delegated to the federal government, such as the power to regulate commerce and taxation, while other powers were reserved for the states. This ensured that the federal government had sufficient power to address issues like the Revolutionary War-era debts, while still protecting the rights of citizens and preventing the concentration of power.
The system of checks and balances was designed to prevent the abuse of power and protect the freedoms and liberties of the people. It has been a key feature of the US political system and has contributed to the longevity and stability of the Constitution.
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State vs federal powers
The United States uses a system called federalism, which divides powers between national and regional governments. The US Constitution was created to address issues with the Articles of Confederation, which granted much power to the 13 states and very little to Congress, resulting in an ineffective national government and conflicts among states.
The Constitution established a federalist system with a more balanced division of powers between state and federal governments. It introduced the concept of reserved powers, which are powers specifically given to state governments, and delegated powers, which are granted to the federal government. The Constitution also established concurrent powers, which are powers shared by both state and federal governments.
The Tenth Amendment to the Constitution recognises state governments and their reserved powers. It states that any powers not delegated to the federal government or prohibited to the states are reserved for the states or the people. This amendment was added to protect state power and ensure a zone of autonomy for the states.
The federal government's powers are limited to those explicitly listed in the Constitution, known as enumerated powers. These include the power to regulate interstate commerce, make and enforce naturalization rules, regulate foreign commerce, and declare war. The federal government can also provide incentives for states to follow its desired policies through grants and mandates.
Despite the establishment of a federalist system, power struggles between state and federal governments have continued throughout US history. States have pushed back against federal power in areas such as intrastate commerce, public safety, and immigration. The Supreme Court has upheld federal supremacy in certain cases, such as in Gonzales v. Reich, where it ruled that the federal government could regulate homegrown marijuana, even though some states had legalised it.
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Commerce and trade
The Commerce Clause, found in Article I, Section 8 of the US Constitution, gives Congress the power to regulate commerce with foreign nations, among the states, and with Indian tribes. The interpretation of this clause is important in determining the scope of federal power in controlling many aspects of American life.
The Commerce Clause has been used to address economic problems and create a common commercial policy among state governments. For example, in 1887, the Interstate Commerce Act was passed to address protests from small businesses and farmers about the high railroad rates they were charged compared to larger corporations. The Act applied the Commerce Clause to regulating railroad rates, removing barriers that states tried to impose on interstate trade.
The Supreme Court has also interpreted the Commerce Clause in several ways. Initially, the Court viewed the clause as limiting state power rather than a source of federal power. However, in 1937, the Court began to recognize broader grounds for using the clause to regulate state activity, holding that an activity was commerce if it had a “substantial economic effect" on interstate commerce.
In Gonzales v. Raich (2005), the Supreme Court rejected the argument that a ban on growing medical marijuana for personal use exceeded Congress's powers under the Commerce Clause. The Court found that there could be an indirect effect on interstate commerce, and upheld a federal law regarding marijuana, even though it had never entered interstate commerce.
The Commerce Clause has also been used to abolish the slave trade with other nations. On January 1, 1808, Congress abolished the slave trade, which was the earliest date allowed by the Constitution.
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Selection of the president
The Constitution was created to fix the problems caused by the Articles of Confederation. One of the key issues was the balance of power between the federal government and individual states. The Constitution divided the powers between the two, with certain powers delegated specifically to either the federal government or state governments, and some powers shared by both.
Another issue was the selection of the president. The delegates at the Constitutional Convention of 1787 held 60 votes before agreeing on the Electoral College as the method of selecting the president. The Constitution outlines that each state shall appoint Electors, equal to the number of Senators and Representatives, who will then vote for the President. The Electors cannot be Senators, Representatives, or Persons holding an Office of Trust or Profit under the United States. The Electors meet in their respective states and vote by ballot, choosing two people, of whom one must not be an inhabitant of the same state as themselves. The person with the highest number of votes becomes the President, and the Vice President is the person with the second-highest number of votes.
The Constitution also established eligibility requirements for the office of President. Only natural-born citizens or citizens at the time of the Constitution's adoption are eligible for the presidency. Additionally, a minimum age requirement of 35 years was set.
The process of selecting the President of the United States, as outlined in the Constitution, involves the Electoral College system, with each state appointing Electors who cast votes for the President. This system was designed to address the issue of selecting the President and ensure a fair and representative process.
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Frequently asked questions
The Constitution divided the power between state governments and the federal government. Certain powers were given specifically to state governments (reserved powers) or specifically to the federal government (delegated powers), and the powers they both shared (concurrent powers).
The Constitution gave Congress Enumerated Powers, which are powers explicitly listed in the Constitution, such as the power to raise taxes.
The "Three-Fifths Compromise" provided that three-fifths (60%) of enslaved people in each state would count toward congressional representation, increasing the number of congressional seats in several states, particularly in the South.
The Constitution established a common currency in the Confederation era, doing away with the system where the central government and the states each had separate money, which made trade between the states and other countries extremely difficult.
Having fought a war against tyranny, Americans were suspicious of executive power. The delegates agreed upon the Electoral College as the method of selecting the president.
