Malcolm Rivera
The Constitution of the United States is the supreme law of the United States. It is the source of all government powers and provides limitations on the government to protect the fundamental rights of US citizens. The Constitution was drafted in 1787 by delegates from 12 of the 13 states, with Rhode Island sending no representatives. The Constitution has been amended 27 times since its ratification, with the process for making amendments being onerous to prevent arbitrary changes.
| Characteristics | Values |
|---|---|
| Purpose | To create a government with enough power to act on a national level, without risking fundamental rights |
| Powers | Source of all government powers |
| Limitations | Provides limitations on the government to protect the fundamental rights of US citizens |
| Amendments | Can be amended by a two-thirds vote of both Houses of Congress, or if two-thirds of states request it, by a convention |
| Number of Amendments | 27 |
| Rights | Based on the Virginia Declaration of Rights, the English Bill of Rights, the Magna Carta, and the writings of the Enlightenment |
| State Relationships | States must give "full faith and credit" to the laws, records, contracts, and judicial proceedings of other states |
| Non-Discrimination | States cannot discriminate against citizens of other states |
| Tariffs | States cannot enact tariffs against one another |
| Extradition | States must extradite those accused of crimes to other states for trial |
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What You'll Learn
The Constitution is the supreme law
> "We the People of the United States, in Order 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 to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
The Constitution is the source of all government powers and provides limitations on those powers to protect the rights of US citizens. It was created to address issues with the Articles of Confederation, which lacked the power to act effectively at a national level. The Constitution aimed to establish a stronger national government while also safeguarding fundamental rights.
To achieve this balance, the Constitution divides the government into three branches—legislative, executive, and judicial—and includes checks and balances to prevent any one branch from gaining too much power. The process for amending the Constitution is deliberately challenging to prevent arbitrary changes. Amendments may be proposed by a two-thirds vote in both Houses of Congress or by a convention called at the request of two-thirds of the states.
The Constitution has been amended 27 times since its ratification, with the first ten amendments forming the Bill of Rights, which includes fundamental rights such as freedom of religion and the right to free exercise thereof. The Constitution is the highest law of the land, and all other laws, records, and judicial proceedings must adhere to and uphold its principles.
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The Bill of Rights
The Constitution is the supreme law of the land in the United States. It is the source of all government powers and also provides limitations on the government to protect the fundamental rights of US citizens. The Constitution has been amended 27 times since its ratification.
The First Amendment provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
The Second Amendment states that "a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
The Third Amendment states that "no soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."
The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes, requiring a warrant for searches and seizures.
The Ninth Amendment states that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The Tenth Amendment states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
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Separation of powers
The Constitution is the supreme law of the land in the United States. It is the source of all government powers and provides limitations on the government to protect the fundamental rights of US citizens.
The Constitution establishes a system of separation of powers, dividing the government into three separate but equal branches: the legislative branch, the executive branch, and the judicial branch. Each branch has its distinct functions and powers, with checks and balances in place to prevent one branch from gaining supremacy.
The legislative power of the federal government is vested in Congress, which is responsible for making laws. The executive power, on the other hand, is vested in the President, who enforces the laws. The Supreme Court and any lower courts created by Congress constitute the judicial branch, which is tasked with interpreting the laws.
This separation of powers is designed to preserve individual liberty by ensuring that no single branch of government holds all the power. Each branch operates independently, yet they are also interdependent, requiring the cooperation and sharing of power among them for the government to function effectively.
To further maintain the balance of power, the Framers incorporated checks and balances. For instance, Congress cannot encroach upon the President's power to remove an executive officer, and the President cannot usurp Congress's lawmaking powers through executive orders. The Supreme Court also plays a role in upholding the separation of powers by addressing concerns of encroachment between the legislative, executive, and judicial branches.
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State sovereignty
The Constitution is the supreme law of the land in the United States. It establishes a federal government with limited powers, acting on a national level without infringing on fundamental rights. The Constitution outlines the relationship between the states and the federal government, with certain powers delegated to the federal government and others reserved for the states.
> "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
This amendment affirms the concept of federalism, where certain powers are delegated to the federal government, while states retain authority over areas not explicitly granted to the federal government. The Supreme Court has relied on the Tenth Amendment in cases involving state sovereignty and congressional enactments that allegedly intrude upon state powers. For example, in National League of Cities v. Usery, the Court recognised the Tenth Amendment as a constraint on Congress's ability to regulate states' wage and hour requirements.
Thomas Jefferson, although not present at the Constitutional Convention, was a strong advocate for state sovereignty. He believed in the protection of state sovereignty and the right of states to legislate on matters that "concern themselves alone." James Madison, a longtime friend of Jefferson and known as the "Father of the Constitution," emphasised the limited nature of the federal government's powers, stating that those powers delegated to the federal government are "few and defined," while the powers retained by the state governments are "numerous and indefinite."
However, it is important to note that state sovereignty in the United States has limitations. Under the Constitution, individual states cannot conduct international relations with sovereign countries, as this power is delegated to the national government. Additionally, states are required to give full faith and credit to the laws, records, contracts, and judicial proceedings of other states, and they are barred from discriminating against citizens of other states.
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Amending the Constitution
The Constitution is the supreme law of the land in the United States. Empowered with the sovereign authority of the people, it is the source of all government powers and provides limitations on the government to protect the fundamental rights of US citizens.
The founders of the Constitution specified a process by which it may be amended, and since its ratification, it has been amended 27 times. Amending the Constitution is a difficult and time-consuming process. This is by design—the framers made amending the document a challenging task to ensure its longevity.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. An amendment may be proposed by a two-thirds majority vote in both the House of Representatives and the Senate (two-thirds of both Houses of Congress). Alternatively, two-thirds of the state legislatures must request a constitutional convention for this purpose. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention.
Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the amendment in slip law format, along with an information package for the States.
An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). The OFR verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the Nation that the amendment process is complete.
The process of amending the Constitution ensures that any changes are carefully considered and have a broad consensus across the country. The Constitution's enduring nature allows it to serve as the foundation of the US legal system, protecting the rights and freedoms of its citizens.
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Frequently asked questions
Yes, the Constitution is the supreme law of the land in the United States.
The Constitution was designed to create a government with enough power to act on a national level, while also protecting fundamental rights.
The Constitution separates the power of government into three branches, with checks and balances, to ensure no one branch becomes too powerful.
Yes, the Constitution has been amended 27 times since its ratification. The process for making amendments is deliberately difficult to prevent arbitrary changes.
Amendments can be proposed by a two-thirds vote of both Houses of Congress, or if two-thirds of states request it, by a convention called for that purpose.
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