Malcolm Rivera
A constitution is a written document that sets out the rules about how power is exercised, by whom, and its limits. The US Constitution, for example, is composed of a preamble, seven articles, and 27 amendments. The preamble is an introduction to the highest law of the land, communicating the intentions of the framers and the purpose of the document. It does not, however, define government powers or individual rights. The first 10 amendments to the US Constitution are known as the Bill of Rights. In the UK, there are calls for constitutional reform, with some advocating for a written constitution based on democratic reform, strong human rights, peace, and devolution.
| Characteristics | Values |
|---|---|
| Sets out rules about how power is exercised, by whom, and its limits | Establishes the authority that different centres of power have towards each other |
| Establishes the rules and principles that form the foundation | Defines the sovereign will of the people |
| Sets the stage for the Constitution | Communicates the intentions of the framers and the purpose of the document |
| Establishes justice | |
| Includes a Bill of Rights | Protects human rights, social rights, and the right to access the law |
| Defines the relationship between the executive, the legislature, and the judiciary |
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What You'll Learn
Separation of powers
The separation of powers is a key principle of the constitution, dividing governmental power among structurally independent branches to perform various functions. This principle is derived from the text and structure of the Constitution and seeks to prevent the concentration of power in a single entity, which could lead to arbitrary and oppressive government action.
The constitution divides the government into three branches: the legislative, executive, and judicial. Each branch has distinct roles and powers, with the legislative branch making laws, the executive branch executing them, and the judicial branch interpreting and adjudicating them.
The legislative power of the federal government is vested in Congress, which has the authority to pass legislation. The executive power, on the other hand, is vested in the President, who has the power to enforce the laws and oversee the administration of the state. The judicial power is held by the Supreme Court and any lower courts created by Congress, responsible for interpreting the laws and ensuring their constitutionality.
While each branch operates independently, the framers of the Constitution also intended for them to have some interdependence and sharing of power. This was done to promote workable governance and prevent any single branch from aggrandizing its power. To achieve this, the framers incorporated checks and balances, such as the power of Congress to impeach and remove the President, and the President's power to veto legislation passed by Congress, which can be overridden by a supermajority vote in both houses of Congress.
The separation of powers doctrine has been elaborated and refined by the Supreme Court over time, ensuring that the three branches of government maintain their distinct functions while also working together to govern effectively.
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Executive, legislature, judiciary
Executive
The executive branch of the US government is led by the President, who is both the head of state and the head of government. The President is also the Commander-in-Chief of the armed forces. Under Article II of the Constitution, the President is responsible for executing and enforcing the laws created by Congress. The President has the power to sign legislation into law or veto bills enacted by Congress, although Congress can override a veto with a two-thirds vote in both houses. The President can issue executive orders, direct executive officers, and negotiate and sign treaties, which must be ratified by two-thirds of the Senate. The President also appoints the heads of federal agencies and more than 50 independent federal commissions. The executive branch includes the Vice President and the Cabinet, which is composed of the heads of the 15 executive departments. These departments carry out the day-to-day administration of the federal government, along with other executive agencies such as the CIA and the Environmental Protection Agency.
Legislature
The legislature is a deliberative assembly with the authority to make laws for a country, nation, or city on behalf of the people. Legislatures can exist at different levels of government, from national to local, and even supranational, such as the European Parliament. The members of a legislature are called legislators, and they represent different political parties. Legislatures discuss and debate issues of major importance, and their members use parliamentary procedures to vote on proposed legislation. While legislatures nominally have the sole power to create laws, the extent of this power depends on the political system. In some systems, the executive branch can pass laws with the support of a majority of legislators. Legislatures can hold the executive branch accountable through hearings, questioning, votes of confidence, and the formation of committees. They also play a role in upholding the rule of law, ensuring the transparent use of public funds, and enabling the public and its representatives to debate government actions.
Judiciary
The judicial power of the United States is vested in one supreme Court and such inferior courts as established by Congress. The third article of the US Constitution outlines the scope of judicial power, which includes cases arising under the Constitution, laws of the United States, and treaties. It covers cases involving ambassadors, public ministers, and consuls, as well as admiralty and maritime jurisdiction. The Supreme Court has original jurisdiction in cases affecting ambassadors and those in which a state is a party, while it has appellate jurisdiction in all other cases. The judges of both the supreme and inferior courts hold their offices during good behaviour and receive compensation that cannot be diminished during their continuance in office.
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Citizens' convention
A Citizens' Convention is a crucial element in establishing a new constitution. It is a large-scale, face-to-face event that brings together ordinary people to discuss the fundamental rules and principles that should underpin a written constitution. This bottom-up approach ensures that the constitution is a genuine expression of the sovereign will of the people, rather than a document imposed by political elites.
In a Citizens' Convention, participants deliberate on the separation of powers between the executive, the legislature, and the judiciary. They explore questions such as the extent to which the upper chamber can challenge the lower chamber, and the role of local government. Additionally, a Citizens' Convention can address the relationship between citizens and the law, including the protection of human rights and social rights, and the fair application of laws.
In the digital age, a Citizens' Convention can be enhanced through the use of online forums and crowdsourcing platforms. This hybrid approach allows for greater participation and the collection of diverse ideas and suggestions from a broader segment of the population. By combining in-person gatherings with online engagement, a Citizens' Convention can be more inclusive and reflective of the modern society it aims to serve.
One example of a Citizens' Convention is the campaign for constitutional reform in the UK. The Centre for Welfare Reform is advocating for a written constitution that establishes the authority and separation of powers between different centres of power. This includes defining the roles of the executive, legislature, and judiciary, and addressing issues such as disability rights and social rights. The campaign recognises the need for a constitution that is acceptable to all four countries of the UK while allowing each country room to define its specific provisions.
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Preamble
A preamble to a constitution is an introductory statement that sets the tone and communicates the intentions and purpose of the document. It is not a part of the law but is considered the highest law of the land in some countries. The preamble outlines the aspirations of the people and the government.
The preamble to the US Constitution, for example, is a 52-word paragraph that begins with "We the People of the United States" and outlines six aspirations: 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 for themselves and their posterity. It was drafted in six weeks during the summer of 1787 in Philadelphia.
The preamble to a constitution is important because it sets out the foundational principles and values that underpin the specific laws and regulations outlined in the document. It provides a framework for understanding the constitution as a whole and helps to guide interpretation and application.
In addition, the preamble to a constitution can also serve as a source of inspiration and motivation for citizens. It reminds people of the shared values and goals that unite them as a nation and can be used to stimulate discussion and reflection on the meaning and importance of the constitution.
The process of creating a preamble is also significant. It requires input from a diverse range of citizens to ensure that the final document represents the will of the people. This can be achieved through face-to-face events or digital initiatives that crowdsource suggestions and ideas.
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Human rights
The Universal Declaration of Human Rights (UDHR) is a document that outlines 30 rights and freedoms that are believed to be universal and applicable to all people. The UDHR was adopted by the United Nations in 1948, in response to the atrocities of World War II, and it serves as a global roadmap for freedom and equality. The rights outlined in the UDHR include civil and political rights, such as the rights to life, liberty, privacy, and freedom from discrimination and torture, as well as economic, social, and cultural rights, such as the rights to social security, health, education, and adequate housing.
The US Constitution, which was adopted in 1787, also includes provisions that protect human rights, particularly those classified as civil and political rights. The first ten amendments to the Constitution, known as the Bill of Rights, spell out these rights in detail. The Reconstruction Amendments abolished slavery, provided equal citizenship, and secured the right to vote regardless of race. The 19th Amendment extended voting rights to women. Additionally, the 5th and 14th Amendments extend fundamental rights, such as due process and equal protection, to all persons, including non-citizens, within the country.
Despite these protections, the history of human rights in the US has been complex, with powerful reactionary forces often working to limit or roll back these rights. For example, while the Constitution initially allowed for voting rights for some women, these rights were later restricted in certain states. Similarly, while the Constitution was once used to justify slavery, activists like Frederick Douglass successfully reframed it as an anti-slavery document, leading to the abolition of slavery. However, this was followed by the use of the Constitution to justify segregation and discrimination.
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Frequently asked questions
A constitution is a written document that sets out the rules about how power is exercised, by whom, and its limits.
The key elements of a constitution include the preamble, which introduces the document and communicates its purpose, as well as the articles and amendments that follow.
The preamble sets the stage for the constitution by communicating the intentions of its framers. It is not a law but introduces the highest law of the land.
The US Constitution begins with the words "We the People" and includes the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights.
Constitutional reform in the UK may consider the relationship between different centres of power, the role of citizen juries in a more participative democracy, and the devolution of power.
