Omar Bennett
The U.S. Constitution was influenced by the Magna Carta and other federations, both ancient and modern. The seven articles that make up the structural constitution were signed on September 17, 1787, and ratified on June 21, 1788. The famous first 52 words of the Constitution, beginning with We the People of the United States..., introduce the articles and amendments that follow. The Constitution serves as the framework for the United States government.
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What You'll Learn
The US Constitution was influenced by the Magna Carta
The US Constitution was heavily influenced by the 13th-century pact, the Magna Carta. The Founding Fathers were inspired by the Magna Carta as they wrote the documents that would shape the nation. The moral and political premise created by the Magna Carta was the foundation upon which the American founding was built. The Magna Carta represented the idea that people could assert their rights against oppressive rulers and that the power of the government could be limited to protect those rights. This was foundational to the Declaration of Independence and the US Constitution.
The phrase "by the law of the land" from the Magna Carta was used in all American documents before the Constitution. The phrase "We the People of the United States" in the preamble of the US Constitution was a simple phrase that anchored the new national government in the consent of the people. This was influenced by the Magna Carta, which guaranteed the rights of Englishmen in British America. The colonists sought the preservation of their self-government, freedom from taxation without representation, the right to a trial by a jury of one's countrymen, and the enjoyment of "life, liberty, and property" free from arbitrary interference from the crown.
The influence of the Magna Carta is also reflected in the Bill of Rights, the first 10 amendments to the Constitution ratified by the states in 1791. Amendments five through seven set ground rules for a speedy and fair jury trial, and the Eighth Amendment prohibits excessive bail and fines. This can be traced back to the 20th clause of the Magna Carta, which states that a free man shall be fined only in proportion to the degree of his offence.
In conclusion, the US Constitution was significantly influenced by the Magna Carta. The Founding Fathers sought to create a Magna Carta for a new era, and the values and principles enshrined in the Magna Carta formed the basis of the US Constitution.
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The Supreme Court's role in government
The US Constitution was influenced by the Magna Carta and other federations, both ancient and modern. The Supreme Court plays a crucial role in the constitutional system of government in the United States. As the highest court in the land, it is the final arbiter of justice. Its power of judicial review ensures that each branch of government recognizes the limits of its authority.
Secondly, the Supreme Court plays a vital role in safeguarding civil rights and liberties. It does so by striking down laws that violate the Constitution, such as in cases involving substantive due process and the Bill of Rights. The Court has been criticized for engaging in judicial activism, with some arguing that it should interpret the law only through the lens of past precedent or textualism.
Thirdly, the Supreme Court helps maintain a balance between the federal government and state governments. While it has been criticized for giving too much power to the federal government, the Court's decisions can also limit the scope of executive authority and protect state authority.
The Supreme Court also has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It has appellate jurisdiction over almost all other cases involving constitutional or federal law. The Court's discretion in choosing which cases to hear is an important aspect of its function, with the Certiorari Act of 1925 granting it this power.
In conclusion, the Supreme Court plays a crucial role in the US government by interpreting the Constitution, safeguarding civil rights, and maintaining a balance between the federal and state governments. Its power of judicial review and discretion in case selection make it a vital check on the other branches of government.
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The Continental Congress and the Constitutional Convention
The Continental Congress was a series of legislative bodies with some executive functions for the Thirteen Colonies of Great Britain in North America and the newly declared United States during the American Revolutionary War. The First Continental Congress met in Philadelphia from September 5 to October 26, 1774, in response to escalating tensions between the colonies and the British, which culminated in the passage of the Intolerable Acts by the British Parliament. The Congress balanced the interests of the different colonies and established itself as the official colonial liaison to Great Britain.
The Second Continental Congress served as the provisional government of the U.S. during most of the Revolutionary War. It met from May 10, 1775, to March 2, 1781, and formed the Continental Army, dispatching George Washington to Massachusetts as its commander. As the war progressed, the Continental Congress became the de facto national government of the country, conducting diplomacy on behalf of the new United States.
The Continental Congress was criticized for its lack of coercive power, and in 1787, James Madison argued for the need for a Federal Constitution. This led to the Philadelphia Convention of 1787, also known as the Constitutional Convention, which was authorized by all the States. The Constitutional Convention resulted in the creation of the United States Constitution, which was transmitted to the 13 states for ratification.
The Constitution of the United States established a more perfect union, uniting a group of states with different interests, laws, and cultures. It vested the power of the union in the people, providing for the common defence, promoting general welfare, and securing the blessings of liberty to its citizens. The Constitution also outlined the requirements for the office of President, specifying that only a natural-born citizen or a citizen of the United States at the time of the adoption of the Constitution was eligible, and setting a minimum age of 35 years and a residency requirement of 14 years within the United States.
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The first 52 words of the Constitution
The Preamble begins with the famous phrase "We the People of the United States", establishing that the Constitution is a document created by and for the people of the nation. This phrase emphasizes popular sovereignty, the idea that the power to govern rests with the people.
The following clauses outline the purposes of the Constitution, including the desire "to form a more perfect Union", "establish Justice", "insure domestic Tranquility", "provide for the common defence", "promote the general Welfare", and "secure the Blessings of Liberty to ourselves and our Posterity". Each of these clauses highlights the aspirations of the founding citizens and their determination to create a fair and united country.
The final part of the Preamble introduces the legislative body that will enact these principles: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." This section establishes the separation of powers and the checks and balances that would become fundamental to the American system of government.
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The Bill of Rights
The US Constitution was influenced by the study of the Magna Carta and other federations, both ancient and modern. The document was signed on September 17, 1787, and ratified on June 21, 1788.
The first 10 amendments to the Constitution are known as the Bill of Rights. These were ratified on December 15, 1791. The Bill of Rights includes the Due Process Clause, which grants citizens certain legal rights, and outlines the election process for senators, representatives, and the president.
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Frequently asked questions
The US Constitution was influenced by the Magna Carta and other federations, both ancient and modern.
The written Constitution is fundamental law within the states. It can only be changed by an extraordinary legislative process of national proposal, followed by state ratification.
The Supreme Court of the United States has the power to declare acts of Congress as unconstitutional. It also provides guidance on basic problems of life and governance in a democracy.
The Constitutional Convention authored the framework for the US government, resulting in the creation of the Constitution.
There have been 27 amendments to the Constitution, with the first 10 being ratified together as the Bill of Rights on December 15, 1791.
