Omar Bennett
The United States Constitution is a charter of government that was ratified by the states and continues to be the supreme law of the land. It was signed in 1787, and its primary purpose was to create a more perfect union. The Constitution is the result of months of passionate and thoughtful deliberation among the delegates, and it sets up a system of checks and balances that ensures no one branch has too much power. It divides power between the states and the federal government and outlines the purposes and duties of the government. The Constitution also enumerates the powers of the judiciary and protects individual rights, such as freedom of speech and religion. The six big ideas of the Constitution still inspire debate, and students often study these ideas to gain a deeper understanding of the government it created.
| Characteristics | Values |
|---|---|
| Federalism | A system of constitutional government in which power is divided into layers with several states on one level and an overarching federal government on another with authority balanced between the state and federal governments |
| Limited Government | The government has only the powers granted to it in the Constitution, and it can only conduct actions permitted by the Constitution |
| Popular Sovereignty | The government is made by the people and exists to represent, protect, and serve them |
| Republicanism | A system of government in the United States based on the concept of popular sovereignty and put into practice by the constitutional institutions and processes of representative government |
| Checks and Balances | The Constitutionally granted power for one branch of government to block action by an equal branch of government |
| Separation of Powers | Divides power between the states and the federal government and describes the purposes and duties of the government |
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What You'll Learn
Protecting individual rights
However, during the ratification process, several state legislatures expressed concern over the lack of protection for individual liberties. In response, the first Congress passed twelve amendments, ten of which were ratified by the states and became known as the Bill of Rights. James Madison wrote these amendments to limit government power and protect individual liberties. The first ten amendments to the Constitution make up the Bill of Rights, which includes the First Amendment's protection of free speech, free assembly, and freedom of religion. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes without a warrant. The Fifth, Sixth, and Eighth Amendments cover rights of the accused, due process of law, jury trials, and protection from cruel and unusual punishment.
The Ninth and Fourteenth Amendments have been used to claim rights to personal liberty, including travel, political affiliation, and privacy. The Fourteenth Amendment also made clear that all persons born or naturalized in the United States are citizens of the country and their state of residence. After the American Civil War, three amendments were passed to protect the rights of newly freed slaves: the Thirteenth Amendment prohibited slavery, and the Fifteenth Amendment protected the right to vote regardless of race.
The Supreme Court has also played a role in interpreting the Constitution and protecting individual rights. The power of judicial review was established in 1803, but it took over a century for the Supreme Court to have many opportunities to protect individual rights. Notable contributions were made by the Chase Court, the Taft Court, the Warren Court, and the Rehnquist Court. The Supreme Court's deference to Congress and the executive has been criticised for compromising the protection of civil rights, political minority groups, and aliens.
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Checks and balances
The US Constitution, crafted during the Philadelphia Constitutional Convention, was designed to establish a balance between pliancy and rigidity. The complex system of checks and balances developed in the Constitution sought to assure that no person or branch of government could exercise unrestrained power. This was in line with the principle expressed by the British historian, Lord Acton, that "all power tends to corrupt; absolute power corrupts absolutely."
James Madison, in Federalist No. 51, theorized that as the Constitution grants each branch its power, honorable ambition, if properly harnessed, could work to maintain the separation of powers. This became known as the "Madisonian Model," which gave practical life to the vision of Montesquieu. Madison argued that ambition, when rooted in an appreciation for the benefits of constitutional republicanism, could advance the public good.
In practice, checks and balances can be observed in the relationship between the President, Congress, and the Supreme Court. The President may check Congress by vetoing bills, but Congress can override the President's veto with a two-thirds vote in both Houses. The Supreme Court can then check both branches by declaring a law unconstitutional. Additionally, Congress can initiate constitutional amendments to reverse decisions of the Supreme Court, and the President appoints members to the Supreme Court with the consent of the Senate.
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Federalism
The US Constitution established a federal government with powers to act directly on behalf of the citizenry, addressing limitations under the Articles of Confederation. The Constitution also provided for amendment processes, balancing flexibility and stability. Federalism in the US has been characterised by a dynamic relationship between federal and state governments, with powers delegated to the former and reserved for the latter. The Tenth Amendment, for instance, reserves powers for the states or the people if not delegated to or prohibited by the Constitution.
The Supreme Court has played a pivotal role in interpreting and enforcing federalism. While it initially limited Congress's power using the Tenth Amendment, it later shifted its stance, allowing federal regulatory power to expand. The Court has also used judicial review to interpret the Constitution among individuals, states, and federal branches, impacting civil rights and minority protections.
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Limited government
The United States Constitution outlines a limited government, which is one of the "Six Big Ideas" it contains. The Constitution enumerates the powers of the judiciary, extending them to cases arising under it, and justices take a constitutional oath to uphold it as the "Supreme law of the land". This means that federal courts are required to choose the Constitution over congressional law in the event of a conflict.
The limited government established by the Constitution is a key aspect of the nation's republican democracy. The Constitution was designed to create "a more perfect union" and to serve as a model for other nations. The Founders' relationships and consensus-building were crucial in creating this framework.
The limited government principle is reflected in the amendment process, which aims to balance pliancy and rigidity. This process enables both the General and State Governments to propose amendments, addressing any errors or issues that may arise. The Constitution's limited government is also evident in the role of the federal courts, which interpret the Constitution among individuals, states, and federal branches, ensuring that civil rights and the interests of political minority groups are protected.
The interpretation and application of the Constitution's limited government have evolved over time, with the Supreme Court voiding congressional statutes in 77 cases between the Civil War and World War II. This highlights the dynamic nature of constitutional interpretation and its impact on the relationship between the states and the federal government.
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Popular sovereignty
The central tenet of popular sovereignty is that the legitimacy of a government's authority and its laws is based on the consent of the governed. In other words, the ultimate authority rests with the people, who can make laws themselves or through elected representatives. This idea of popular sovereignty was expressed in the US Constitution's Preamble: "We the people of the United States... do ordain and establish this Constitution for the United States of America".
The Declaration of Independence of 1776 also asserts that legitimate governments are those "deriving their just Powers from the Consent of the Governed". This idea of popular sovereignty was further emphasised in the American Revolution, where it was seen as a justification for a republican form of government as opposed to the monarchical systems of Europe.
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Frequently asked questions
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 first three articles of the Constitution embody the doctrine of separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial. Other key principles include federalism, limited government, popular sovereignty, and republicanism.
The Preamble is an introduction to the type of government the Founders were creating. It stresses that this government is made by the people and exists to represent, protect, and serve them.
Article III describes the US court system, including the Supreme Court. It outlines the kinds of cases the court takes as original jurisdiction, and protects the right to a trial by jury in all criminal cases.
