Malcolm Rivera
The US Constitution is the foundation of the Federal Government and is considered the supreme law of the land. It is a living document that can be amended, although in over 200 years, there have only been 27 amendments. The Constitution is divided into three parts: the Preamble, which outlines the purpose of the document and the Federal Government; the seven Articles, which establish the structure of the government and how the Constitution can be changed; and the Amendments, which list changes to the Constitution, the first 10 of which are called the Bill of Rights. The two main reasons for the US Constitution are, firstly, to establish justice and liberty, and secondly, to outline the basic framework of the Federal Government.
| Characteristics | Values |
|---|---|
| Foundation of the Federal Government | Federal democratic republic |
| Supreme law of the land | 27 amendments |
| Flexible | Bill of Rights |
| Living document | Citizenship |
| Composed of the Preamble | Equality |
| Seven Articles | Liberty |
| Inherent rights |
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What You'll Learn
The US Constitution is the foundation of the Federal Government
The US Constitution is the cornerstone of the Federal Government, providing the framework for the nation's governance. It is considered the "supreme law of the land", with all subsequent laws deriving their legitimacy from it. This foundational document outlines the purpose and structure of the Federal Government, establishing a federal democratic republic. The Constitution is divided into three parts: the Preamble, the seven Articles, and the Amendments.
The Preamble, commencing with the words "We the People", sets forth the purpose of the Constitution and the Federal Government. It declares the intent to "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". This statement of objectives reflects the Founding Fathers' commitment to inherent rights and a stable, just society.
The seven Articles that follow outline the structure and functioning of the government. Article I, for instance, describes the Congress, the legislative branch, and establishes the election process and qualifications for its members. The Articles, therefore, provide a blueprint for the organisation of the government, ensuring a clear distribution of powers and responsibilities.
The final part of the Constitution comprises the Amendments, the first ten of which are collectively known as the Bill of Rights. The Amendments are significant as they demonstrate the flexibility and adaptability of the Constitution. They allow for changes to be made to the Constitution, ensuring that it remains relevant and responsive to the evolving needs of the nation. This "'living' document has been amended only 27 times in over 200 years, with the Fourteenth and Fifteenth Amendments being notable for expanding voting rights and protections for former slaves and all persons under US jurisdiction.
The US Constitution, with its provisions and amendments, serves as the foundation for the Federal Government's authority and operations. It establishes the principles, structures, and processes that guide the nation's governance, allowing for democratic participation and safeguarding individual liberties.
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It is a living document that can be amended
The US Constitution is often referred to as a "living document" because it can be amended. This flexibility allows for changes in the government while also establishing a federal democratic republic.
The Constitution is the foundation of the US Federal Government and is considered the supreme law of the land. It is organised into three parts: the Preamble, which describes the purpose of the document and the Federal Government; the seven Articles, which establish the structure of the government and how the Constitution can be changed; and the Amendments, which list changes to the Constitution, with the first 10 being the Bill of Rights.
The ability to amend the Constitution is essential to its nature as a living document. While some, like Justice Scalia, argue that the Constitution is a democratically adopted legal document that should not change, the idea of a living Constitution has gained popularity. This philosophy suggests that the Constitution can be interpreted and amended to reflect the needs of the people and the changing times.
The Constitution was written to "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." The living nature of the document ensures that it can continue to fulfil these purposes as society evolves. Amendments allow for the protection of new rights and the adaptation of government structures to meet the needs of a changing nation.
The US Constitution has only been amended 27 times in over 200 years, demonstrating the significance and weight of each alteration. The process of amending the Constitution is deliberately challenging to ensure that changes are well-considered and reflect the will of the people. This living document adapts to the needs of each generation, securing the blessings of liberty for future generations.
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The Supreme Court can declare acts of Congress unconstitutional
The US Constitution is the foundation of the Federal Government and is often referred to as the "supreme law of the land". It is a flexible, "living" document that can be amended, although in over 200 years, there have only been 27 amendments.
The Supreme Court's ability to declare acts of Congress unconstitutional is a key part of the US Constitution. This power is derived from the principle of judicial review, which allows the Supreme Court to determine the constitutionality of the actions of the other two branches of government. The Supreme Court first asserted its authority to strike down laws as unconstitutional in Marbury v. Madison in 1803. Chief Justice John Marshall established the principle of judicial review, which is an important addition to the system of checks and balances. This prevents any one branch of the Federal Government from becoming too powerful.
The Supreme Court has held 176 Acts of Congress unconstitutional as of 2014. Some examples include:
- United States v. Jackson (1968): The provision of the Lindberg Kidnaping Act that imposed the death penalty only if recommended by the jury was held to be unconstitutional as it penalised the assertion of a defendant's Sixth Amendment right to a jury trial.
- City of Boerne v. Flores (1997): The Religious Freedom Restoration Act (RFRA) was found to be "out of proportion to a supposed remedial or preventive object" and thus could not be understood as a response to unconstitutional behaviour.
- Muskrat v. United States (1911): Provisions authorising certain Indians to institute suits in the Court of Claims to determine the validity of acts of Congress passed since 1902 were held to be an attempt to enlarge the judicial power restricted by Article III, § 2, to cases and controversies.
The Supreme Court's power to declare acts of Congress unconstitutional is a crucial aspect of the US Constitution, ensuring that the Federal Government operates within the boundaries set by the Constitution.
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The Fourteenth Amendment granted citizenship to former slaves
The US Constitution is the foundation of the Federal Government and is often referred to as the "supreme law of the land". It is a "living" document that can be amended, although in over 200 years there have only been 27 amendments.
The Fourteenth Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was one such amendment. It extended liberties and rights granted by the Bill of Rights to formerly enslaved people. The Thirteenth Amendment, ratified in December 1865, had made slavery illegal throughout the United States, but it did not address the status of newly freed African Americans. Were they citizens? Did they have the same rights as other Americans?
The Fourteenth Amendment was designed to answer these questions. It established the principle of birthright citizenship, meaning anyone born in the US is automatically a citizen. This applied to all, including African Americans, who could now legally claim the same constitutional rights as all American citizens. This included the right to due process of law and equal protection under the law, which applied to both federal and state governments.
The Fourteenth Amendment also ensured that no state could make or enforce any law that deprived a person of "life, liberty, or property, without due process of law". This meant that African Americans could challenge discriminatory laws and demand equal rights and protections. For example, in 1883, Ida B. Wells, the daughter of former slaves, sued a railroad company for forcing her out of a first-class train car because of her race. While she won her case in the Circuit Court of Shelby County, the Supreme Court of Tennessee later reversed the decision. Nevertheless, Wells became a prominent journalist and civil rights activist whose campaign against lynching brought worldwide attention to racial violence and injustice in the Jim Crow South.
Despite the Fourteenth Amendment, African Americans continued to face significant discrimination and were often denied their basic rights. However, the Amendment provided a legal basis for challenging such injustices and fighting for change.
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The Constitution's seven articles define the federal government
The US Constitution is the foundation of the federal government and is considered the supreme law of the land. It is a "living" document that can be amended, although in over 200 years, there have only been 27 amendments. The Constitution is divided into three parts: the Preamble, the seven Articles, and the Amendments.
The seven Articles of the US Constitution define the federal government's structure and operation. The first three articles establish the three branches of government and their powers: the Legislative Branch (Congress), the Executive Branch (the Office of the President), and the Judicial Branch (the Federal Court System). A system of checks and balances prevents any one of these separate powers from becoming dominant.
Article IV outlines the states' powers in relation to each other. While states have the authority to create and enforce their own laws, they must also respect and help enforce the laws of other states. Congress can pass federal laws regarding how states honor each other's laws.
Article V explains the amendment process, which is more complex than the process for making laws. An amendment requires a two-thirds majority vote in both the Senate and the House of Representatives, followed by a vote of the state legislatures. Alternatively, two-thirds of the state legislatures can submit an application to Congress, leading to a national convention where states propose amendments. Ratification of an amendment requires a three-fourths majority vote of the state legislatures or state conventions.
Article VI establishes the supremacy of federal law over state and local laws. This means that in the event of a conflict between federal and state law, federal law takes precedence.
Article VII describes the ratification process for the Constitution itself, requiring special state ratifying conventions from nine states to enact the Constitution.
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