Eleanor Finch
The US Constitution, composed of a preamble, seven articles, and 27 amendments, outlines the structure and operation of the government. The first three articles establish the three branches of government: the Legislative, Executive, and Judicial, with a system of checks and balances to prevent any one branch from holding dominance. The Constitution obliges the government to establish justice, ensure domestic tranquility, and provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity. It also obliges Congress to propose amendments when necessary and outlines the amendment and ratification processes, with specific powers granted to Congress, such as the power to set taxes and appropriate federal funds.
| Characteristics | Values |
|---|---|
| Establish justice | First of five objectives outlined in the 52-word preamble |
| Define the structure and powers of the three branches of government | Legislative (Congress), Executive (office of the President), and Judicial (Federal court system) |
| Define the relationship between the Federal government and the states | Federal law is supreme and takes precedence over state law |
| Outline the process for amending and ratifying the Constitution | Amendments must be ratified by three-fourths of state legislatures or state conventions |
| Specify the powers and limitations of Congress | Power to set taxes, tariffs, and other means of raising federal revenue, authorize federal expenditures, and protect states from foreign invasion or internal uprisings |
| Prohibit certain actions by the states | States cannot enter into treaties, alliances, or confederations, coin money, or pass certain laws impairing contracts or granting titles of nobility |
| Ensure the validity and protection of public debt | The public debt of the United States, including debts incurred for suppressing insurrection or rebellion, shall not be questioned |
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What You'll Learn
- The Constitution obliges the Federal government to repay national debt
- Congress must approve Federal judges appointed for life
- The Constitution obliges Congress to protect states from foreign invasion
- Federal law is supreme over state and local laws
- The Constitution obliges Congress to publish a statement of public money receipts and expenditures
The Constitution obliges the Federal government to repay national debt
The U.S. Constitution outlines the purpose of the federal government as:
> [...] 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 Constitution also states that:
> [...] regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
This indicates that the Constitution obliges the federal government to manage the country's finances and ensure the well-being of its residents.
The Fourteenth Amendment's Public Debt Clause, passed in 1866 and ratified in 1868, further clarifies the government's obligations regarding debt. This amendment was enacted following the Civil War to guarantee that newly emancipated citizens had equal rights and protection under the law. The Public Debt Clause specifically prohibits the use of federal funds to repay debts incurred through insurrection or rebellion against the United States or to compensate former slave owners.
Additionally, the Public Debt Clause has been interpreted as a limitation on questioning the validity of the public debt, ensuring the government's commitment to meeting its financial obligations. Alexander Hamilton, one of the country's first Constitutional lawyers, played a significant role in shaping the government's approach to debt management. He advocated for the establishment of a national bank and the assumption of state debts to increase confidence in the government's financial stability.
In summary, the U.S. Constitution, including the Fourteenth Amendment and the influence of early lawmakers like Alexander Hamilton, provides a framework for the federal government's management of national debt. The Constitution obliges the government to be transparent about its finances, prioritise the welfare of its citizens, and uphold the integrity of its financial obligations.
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Congress must approve Federal judges appointed for life
The United States Constitution, composed of a preamble, seven articles, and 27 amendments, outlines the structural framework of the country's government and legal system. One of the key aspects it addresses is the role and appointment of federal judges.
Article III of the Constitution states that federal judges, including Supreme Court justices, court of appeals judges, and district court judges, are appointed for a life term. This means that once confirmed, these judges hold their office for life, barring exceptional circumstances. The specific wording in Article III states that judges will hold their office during "good behaviour", indicating that their tenure is conditional on their conduct and performance.
The process of appointing federal judges involves several steps and the collaboration of different branches of the government. Firstly, the President nominates individuals for federal judgeships. Senators or members of the House who share the President's political affiliation often recommend potential nominees. The Senate Judiciary Committee then conducts confirmation hearings for each nominee, scrutinising their qualifications and suitability for the role. Finally, the United States Senate confirms the appointment of federal judges, officially granting them their lifetime tenure.
It is important to note that while federal judges are appointed for life, they can be removed from office through impeachment by the House of Representatives, followed by conviction by the Senate. Additionally, the Constitution safeguards the independence of federal judges by ensuring that their salaries cannot be reduced during their term.
The appointment process for bankruptcy and magistrate judges differs slightly. While the President appoints bankruptcy judges, they are confirmed by the Senate to renewable 10-year terms. Magistrate judges, on the other hand, are appointed by a majority vote of the active district judges of the court. These judges are typically appointed to address specific matters or cases and are not subject to a fixed term limit.
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The Constitution obliges Congress to protect states from foreign invasion
The US Constitution establishes a dual protection against invasion through the Invasion Clause and the State Self-Defense Clause. The State Self-Defense Clause states that:
> No State shall, without the Consent of Congress, … engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
This clause recognises the sovereign power of states to defend themselves against foreign invasions. It also grants states the authority to "engage in War" without requiring the "Consent of Congress" in the event of an invasion.
The Invasion Clause, on the other hand, addresses the federal government's responsibility to protect states from invasion. It is outlined in Article IV, Section 4 of the US Constitution, which states:
> The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion.
This clause underscores the federal government's duty to safeguard states from invasion, whether by foreign powers or non-state actors such as cartels and gangs. The federal government's obligation to protect states from invasion is further emphasised by Madison in Federalist 44, where he discusses the necessity for states to be protected against "foreign hostility" and potential aggression from fellow states within the union.
While the Constitution empowers states to defend themselves, it also recognises the role of Congress in calling forth the Militia to execute the Laws of the Union, suppress Insurrections, and repel Invasions. This provision highlights the importance of a coordinated military response to invasions, where Congress can summon state militias into national service to defend against foreign incursions.
In conclusion, the Constitution obliges Congress to protect states from foreign invasion by providing a dual layer of protection. The State Self-Defense Clause empowers states to act independently in the face of an invasion, while the Invasion Clause underscores the federal government's responsibility to safeguard states from external threats. The Constitution's recognition of these complementary roles ensures a robust defence mechanism against foreign invasions, demonstrating the framers' intent to establish a strong and secure nation.
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Federal law is supreme over state and local laws
The Supremacy Clause, part of the US Constitution, establishes that federal law is supreme over state and local laws. The clause, ratified in 1788, states that the "supreme Law of the Land" includes federal statutes enacted by Congress, and that "the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding". This means that federal laws and treaties are regarded as the highest form of law in the United States, with state laws and constitutions subordinate.
The Supremacy Clause was a response to issues with the Articles of Confederation, which lacked a provision establishing federal law as superior to state law. The Articles, which governed the US from 1781 to 1789, did not bind state courts to federal statutes in the absence of state legislation. The Supremacy Clause was included in the Constitution to address this, ensuring federal law took precedence.
The basic principle enshrined in the Supremacy Clause is that of federal supremacy, which is now a well-settled concept. Federal statutes and treaties must, however, be within the parameters of the Constitution. They must be pursuant to the federal government's enumerated powers and not violate constitutional limits on federal power, such as the Bill of Rights. The Tenth Amendment, for example, states that the federal government only has the powers delegated to it by the Constitution.
The Supremacy Clause has been applied by the US Supreme Court in numerous cases to establish federal supremacy over state law. For instance, in the 1796 case, Ware v. Hylton, the Court ruled that a treaty superseded conflicting state law. The Court has also ruled that federal statutes can preempt state law, as in the case of Chy Lung v. Freeman, where the Court found that a state statute conflicted with federal legislation.
While the Supremacy Clause did not generate significant disagreement at the Constitutional Convention, it did spark controversy during debates over the Constitution's ratification. Advocates of federal supremacy ultimately prevailed, and the clause was included in the ratified Constitution.
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The Constitution obliges Congress to publish a statement of public money receipts and expenditures
The United States Constitution is composed of a preamble, seven articles, and 27 amendments. The seven articles describe the structure of the government and how it operates. The first three articles establish the three branches of government and their powers: the Legislative (Congress), the Executive (the office of the President), and the Judicial (Federal court system).
Article I assigns the responsibility for making laws to the Legislative Branch (Congress). Congress is divided into two parts, or "Houses": the House of Representatives and the Senate.
Article I, Section 9 of the Constitution obliges Congress to "produce a regular accounting of the monies the federal government spends". This is known as the "power of the purse", and it gives Congress significant authority over the executive branch, as the latter must appeal to Congress for funding.
Congress is required to publish a regular statement and account of the receipts and expenditures of all public money. This statement must be made available to the public and provides transparency and accountability regarding the use of federal funds. It is an essential check on the power of Congress to appropriate federal funds and ensures that the government is accountable to the people for its financial decisions.
This obligation is a crucial aspect of the system of checks and balances that characterizes the US government. By requiring Congress to provide a statement of public money receipts and expenditures, the Constitution helps to ensure that the government operates with transparency and that federal funds are used appropriately and for the benefit of the people.
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