Eleanor Finch
The Constitution of the United States is the foundation of the federal government and is often referred to as the supreme law of the land. The constitution establishes the structure of the government and places limits on its powers. It is considered a living document, as it can be amended, and it is organised into three parts: the Preamble, the seven Articles, and the Amendments. The constitution was influenced by European Enlightenment thinkers such as Montesquieu and John Locke, as well as by the Declaration of Independence, which asserted that all men are created equal. The first ten amendments to the Constitution, known as the Bill of Rights, were ratified in 1791 and limited federal power by protecting the rights of individuals and the authority of the states.
| Characteristics | Values |
|---|---|
| Basis of the Federal Government | Establishes extradition between states |
| Supreme law of the land | Legal basis for freedom of movement and travel among states |
| Flexible | Congress has the power to make rules for disposing of federal property |
| Living document | Guarantees each state a republican form of government |
| 3 parts: Preamble, Seven Articles, Amendments | Protects states from invasion and violence |
| Provides process for amending the Constitution | |
| Limited federal power | |
| Protects individual rights and the authority of the states | |
| Protects liberty and equality | |
| Provides for self-government | |
| Requires consent of the governed |
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What You'll Learn
The Constitution is the supreme law
The Constitution is the foundation of the Federal Government of the United States and is often referred to as the supreme law of the land. No other law may be passed that contradicts its principles. The Constitution is considered a "living" document because it can be amended, and while there have been only 27 amendments in over 200 years, it is flexible and allows for changes in the government.
The Constitution is organised into three parts. The first part, the Preamble, describes the purpose of the document and the Federal Government. The second part, the seven Articles, establishes how the Government is structured and how the Constitution can be changed. The third part, the Amendments, lists changes to the Constitution; the first ten are called the Bill of Rights.
The Constitution was influenced by European Enlightenment thinkers such as Montesquieu, John Locke, and others. It was also influenced by the Declaration of Independence, which asserted that "all men are created equal", meaning no one has the innate authority to rule another. The Constitution begins with "We the People", announcing its purposes and goals, and listing the structures and protections of individual rights.
The Constitution provides the framework for how the federal and state governments are structured and places significant limits on their powers. It establishes extradition between the states and provides a legal basis for freedom of movement and travel among the states. It also guarantees each state a republican form of government and protects them from invasion and violence.
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The people's consent
The Constitution of the United States 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, and it establishes the system of the Federal Government. The US is a constitutional federal republic, meaning that the people hold power but elect representatives to exercise it.
The Constitution is based on the principle of consent of the governed, as outlined in the Declaration of Independence, which asserts that 'all men are created equal'. This means that no one has the innate authority to rule another, and for a government to have legitimate authority, it must act with the consent of the people. The Constitution begins with "We the People", emphasising that the government's power is derived from the people.
The Founding Fathers established three main principles on which the government is based: inherent rights, or rights that anyone living in America possesses. These rights include life, liberty, and property. The Constitution also provides for the structure of the government, outlining how the federal and state governments are organised and placing limits on their powers.
The first ten amendments to the Constitution, known as the Bill of Rights, were ratified in 1791. These amendments further limited federal power by protecting the rights of individuals and the authority of the states. The Bill of Rights was included in the Constitution to address critics' demands for additional checks and balances on the government's power.
The Constitution also establishes extradition between the states and provides a legal basis for freedom of movement and travel among them. The Territorial Clause gives Congress the power to govern non-state territories, and Article Four requires the US government to guarantee each state a republican form of government and protect them from invasion and violence.
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Separation of powers
The United States Constitution is the foundation for the republic. The US is a constitutional federal republic, where the Constitution is the supreme law of the land. The Constitution provides the framework for the structure of the federal and state governments, as well as limitations on their powers.
The US Constitution is based on the principle of separation of powers, which divides the federal government's powers between three separate branches of government: the legislative, the executive, and the judiciary. This structure was intended to prevent tyranny by a single branch, promote effective governance, and preserve the liberty of US citizens. The separation of powers allows each branch to perform its tasks efficiently and effectively, while also enabling each branch to "check" the actions of the other two branches. This ensures that no single branch holds all the political power and that the rights of citizens are protected.
The legislative branch, consisting of the Senate and the House of Representatives, holds the power to make laws. Congress, which is made up of the Senate and the House of Representatives, is responsible for writing legislation and exercising legislative power according to the procedures outlined in the Constitution. The executive branch, led by the President, is responsible for executing the laws made by Congress and has the power to make treaties, appointments, and conduct foreign relations. The President becomes the Commander-in-Chief of the armed forces and can enforce the law through subordinate officers. The judiciary branch interprets the laws and ensures that they are applied fairly and impartially. This branch includes the Supreme Court, which has the power to review and strike down laws that it deems unconstitutional.
The separation of powers doctrine allows for a system of checks and balances, where each branch can limit the power of the others. For example, Congress can restrict the President's power through impeachment and legislation, while the President can veto bills passed by Congress. The Supreme Court can also play a role in checking the power of the other branches, as seen in the Clinton v. City of New York case, where the Court ruled that Congress could not delegate certain powers to the President.
The Framers of the US Constitution borrowed ideas from ancient and existing governments, including the writings of Montesquieu, to craft this system of separation of powers. While some states in the early years of the US did not strictly adhere to the separation of powers, it has become a fundamental principle of the US government and a model for many other countries' constitutions.
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Federalism
The US Constitution was written as a replacement for the Articles of Confederation, which had established a loose confederation with a weak central government. During the drafting of the Constitution, the Federalist Party supported a stronger central government, while the Anti-Federalists wanted to maintain a weaker central government. Ultimately, the US Constitution established a hybrid system, with elements of both a unitary state and a league of small states.
The relationship between federal and state power has been a subject of debate and controversy. The US Constitution does not clearly delineate the boundaries between the powers of the federal and state governments. However, the Supreme Court has invoked certain constitutional provisions to determine that Congress has exceeded its constitutional powers and infringed upon state sovereignty. The Supremacy Clause in Article VI of the US Constitution establishes federal law as superior to state law, and the doctrine of federal preemption is often used to invalidate state laws.
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The Bill of Rights
The United States Bill of Rights, comprising the first ten amendments to the United States Constitution, was proposed by the First Congress of the United States on September 25, 1789. The Bill of Rights was added to the Constitution to address the objections raised by Anti-Federalists, who wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty. Ten of the proposed twelve amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and form what is known as the Bill of Rights.
The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, assemble, and other natural and legal rights. The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
The Second Amendment states that "a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." The Third Amendment states that "no soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."
The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant. It states that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
The Ninth Amendment states that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." The Tenth Amendment states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
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