Malcolm Rivera
The US Constitution is a document that was signed on September 17, 1787, and ratified on June 21, 1788. It has been amended 27 times since its creation, with the first ten amendments forming the Bill of Rights. The Constitution outlines the rights of US citizens, such as the right to a speedy trial, the right to be secure from unreasonable searches and seizures, and the right against self-incrimination. It also establishes the powers of the federal government, including the ability to declare war, raise armies, and coin money. The Constitution also addresses the role of the President, limiting their service to two terms and prohibiting anyone who has served more than two years of a term as President from being elected more than once.
| Characteristics | Values |
|---|---|
| Amendments | There have been 27 amendments to the Constitution, beginning with the Bill of Rights (Amendments 1–10). |
| Supremacy of federal laws and treaties | Article VI establishes that the Constitution and federal laws/treaties made in accordance with it take precedence over state laws. |
| Limits on state powers | States cannot enter into treaties, alliances, or confederations; coin money; pass certain laws; or grant titles of nobility, among other restrictions. |
| Protection against unreasonable searches and seizures | The Fourth Amendment (1791) protects individuals against unreasonable searches and seizures of self or property by government officials. |
| Presidential term limits | No person shall be elected President more than twice, and restrictions apply to those who have held the office for more than two years of another President's term. |
| Congressional power to propose amendments | Whenever two-thirds of both Houses deem it necessary, Congress can propose amendments, which become valid when ratified by three-fourths of state legislatures or conventions. |
| Promotion of science and arts | The Constitution aims to promote the progress of science and useful arts by securing limited-time exclusive rights for authors and inventors. |
| War powers | The Constitution grants Congress the power to declare war, raise and support armies, and make rules concerning captures on land and water. |
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What You'll Learn
The US Constitution outlines the framework for the US government
The US Constitution is a crucial document that outlines the framework for the US government and establishes a nation where citizens are united as members of a whole, with power vested in the people. It was signed on September 17, 1787, and ratified on June 21, 1788. The Constitution has been amended several times to meet the evolving needs of the nation, with the first ten amendments, known as the Bill of Rights, being ratified in 1791.
One of the key aspects of the Constitution is its establishment of a federal system, where the national government and state governments share power. Article VI of the Constitution establishes the supremacy of the Constitution and federal laws over state laws, ensuring that the states' constitutions and laws do not conflict with the federal framework.
The Constitution also outlines the powers of the three branches of the US government: the legislative, executive, and judicial branches. It grants Congress the power to propose amendments, declare war, raise armies, regulate interstate and foreign commerce, coin money, and more. The executive branch, led by the President, is responsible for executing the laws and acting as the commander-in-chief of the armed forces. The judicial branch, headed by the Supreme Court, interprets the laws and ensures that the actions of the other branches are consistent with the Constitution.
In addition to structuring the government, the Constitution also includes provisions to protect the rights and liberties of citizens. The Fourth Amendment, for example, protects people against unreasonable searches and seizures of self or property by government officials. The Constitution also promotes the progress of science and the arts by securing intellectual property rights for authors and inventors.
The US Constitution has been a living document, open to interpretation and amendment, that has served as the foundation of the US government and the guarantor of citizens' rights and liberties. It has united the states and its citizens, providing a framework for a functioning democracy.
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It includes a Bill of Rights
The US Constitution includes a Bill of Rights, which comprises the first ten amendments to the Constitution. These amendments were ratified on December 15, 1791, and aim to protect the fundamental rights of citizens.
The first amendment, for example, guarantees freedom of religion, speech, and the press, as well as the right to assemble peaceably and to petition the government. The second amendment guarantees the right of the people to keep and bear arms, and the third amendment prohibits the quartering of soldiers in civilian homes during peacetime without the owner's consent. The fourth amendment protects citizens against unreasonable searches and seizures, while the fifth amendment guarantees due process of law and protects citizens from self-incrimination and double jeopardy.
The sixth amendment ensures the right to a speedy trial, the assistance of counsel, and an impartial jury, while the seventh amendment guarantees the right to a trial by jury in civil cases. The eighth amendment prohibits excessive bail, fines, and cruel and unusual punishments, and the ninth amendment addresses rights not specifically enumerated in the Constitution. Finally, the tenth amendment clarifies that powers not delegated to the federal government are reserved for the states or the people.
These amendments were added to the Constitution to provide explicit protections for individual liberties, ensuring that the federal government could not infringe upon certain fundamental rights. They have been central to American law and have been repeatedly invoked and interpreted by courts to protect the freedoms and rights of US citizens.
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It establishes federal laws and national debt
Article VI of the US Constitution establishes that the Constitution and federal laws made in accordance with it take precedence over state laws. This article also validates national debt created under the Articles of Confederation. All debts contracted and engagements entered into before the adoption of the Constitution are considered valid against the United States.
The Constitution grants Congress the power to declare war, raise and support armies, and make rules concerning captures on land and water. It also outlines the process for proposing and ratifying amendments, with a focus on maintaining equal suffrage in the Senate.
Additionally, the Constitution promotes the progress of science and the useful arts by securing exclusive rights for authors and inventors over their writings and discoveries for limited periods. It establishes the authority to define and punish piracies, felonies committed on the high seas, and offences against the Law of Nations.
The Constitution also includes specific restrictions on the states. For example, no state shall enter into any treaty, alliance, or confederation without congressional consent. States are prohibited from coining money, emitting bills of credit, or making anything but gold and silver coin a tender in payment of debts.
The US Constitution, with its established federal laws and recognition of national debt, has played a significant role in shaping the country's governance and legal framework.
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It includes amendments to abolish slavery
The US Constitution includes amendments to abolish slavery. Up until 1865, slavery was sparingly mentioned in the Constitution. The only references to enslaved persons were in the Three-Fifths Compromise and the Fugitive Slave Clause. The former, mentioned in Article I, Section 2, Clause 3, regarded enslaved persons as "three-fifths" of a fully free citizen for the purpose of apportioning the substantial enslaved population across the country and measuring the number of seats individual states should have in the House of Representatives. The Fugitive Slave Clause, located in Article IV, Section 2, asserted that a slave who was bound by the laws of their home state remained a slave even if they fled to a non-slavery state.
In 1863, President Lincoln issued the Emancipation Proclamation, declaring that "all persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free." However, the Emancipation Proclamation did not end slavery nationwide since it only applied to areas of the Confederacy in a state of rebellion and not to the "border states" that remained in the Union. Lincoln recognized that a constitutional amendment was necessary to guarantee the abolishment of slavery.
The 13th Amendment, passed at the end of the Civil War, abolished slavery in the United States. It states: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." The 13th Amendment was passed by Congress on January 31, 1865, and ratified on December 6, 1865, when the required twenty-seven out of the total thirty-three states ratified the amendment. The 13th Amendment not only abolished slavery but also restricted other forms of bound labor and servitude, such as indentured servitude and peonage. The enforcement clause in Section Two of the 13th Amendment has been used to fight racial discrimination in various sectors, including private employment, public transportation, and housing.
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It details the President's powers and limitations
The US Constitution outlines the President's powers and limitations. Firstly, the President is the Commander-in-Chief of the US Army, Navy, and Militia, and has the power to grant reprieves and pardons for offences against the US, except in cases of impeachment. The President also has the power to make treaties, appoint ambassadors, and fill vacancies in the Senate.
The President's power to issue executive orders is not explicitly defined in the Constitution but has been upheld by the courts when the President has been granted powers by Congress. Executive orders can be challenged in court, and Congress can pass a new law to override them. The President's power to issue executive orders is at its strongest when there is direct or implied authorization from Congress, and weakest when the President acts against Congress' wishes.
The President has distinct authority over foreign affairs and is the sole representative of the nation. They have the power to recognise foreign governments and exclude foreign nationals from entering the US. The President also has the authority to enforce laws and appoint agents to do so.
The President can call on the National Guard and naval militias to supplement regular forces, assist in rebellion or insurrection, or enforce federal law. In times of war or national emergency, Congress may grant the President broader powers to manage the economy and protect national security.
The Constitution sets eligibility requirements for the Presidency, including age and residency requirements, and outlines the process of removal from office, as well as the Presidential succession.
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Frequently asked questions
The US Constitution outlines several rights, including the right to be protected from unreasonable searches and seizures (Fourth Amendment), the right to not be forced to reveal information that could lead to self-incrimination (Fifth Amendment), and the right to a speedy trial.
The US Constitution places several limitations on the government, including the inability to prosecute and punish criminal suspects indefinitely (double jeopardy clause), the inability to grant titles of nobility, and the inability to pass ex post facto laws.
The US Constitution also outlines the process for proposing and ratifying amendments, the requirements for becoming president, and the establishment of a national government.
