Jonah Patel
The Framers of the US Constitution were visionaries who sought to address the challenges facing the nation during their lifetimes and establish foundational principles to guide the new nation into an uncertain future. The Constitution reflects this vision, defining fundamental freedoms and governmental powers in general terms. The Framers also considered how to shield the judiciary and Congress from populist influence, giving Congress powers such as the ability to regulate interstate and foreign commerce, levy taxes, and quell tax rebellions. The Framers intended courts to play a central role in addressing concerns of political majorities enacting laws that entrench their authority and infringe on fundamental freedoms. The Supreme Court has interpreted the Framers' Constitution in modern times, departing from judicial restraint when governing majorities disadvantage vulnerable groups.
| Characteristics | Values |
|---|---|
| Number of individuals appointed to the Constitutional Convention | 70 |
| Number of delegates who attended the Constitutional Convention | 55 |
| Number of delegates who signed the Constitution | 39 |
| Age range of delegates | 26-81 |
| Average age of delegates | 42 |
| Number of amendments agreed upon by the Conference Committee | 12 |
| Number of individuals who did not accept or could not attend | 11 |
| Number of states that did not send delegates | 1 |
| Age of youngest delegate | 26 |
| Age of oldest delegate | 81 |
| Number of years the framework for government has survived | Over 200 |
| Number of years before the 17th Amendment was ratified | 126 |
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What You'll Learn
The right to freedom of speech
The Framers of the American Constitution were visionaries who sought to address the specific challenges facing the nation during their lifetimes and to establish the foundational principles that would sustain and guide the new nation into an uncertain future. They understood that majority rule was the best system of government, but also recognised its imperfections. The Framers intended for courts to play a central role in addressing concerns regarding political majorities enacting laws that entrenched their authority, people panicking during times of crisis and sacrificing fundamental freedoms, and prejudice, hostility, and intolerance from governing majorities.
One of the fundamental freedoms defined in the Constitution is the right to freedom of speech. The First Amendment to the United States Constitution strongly protects freedom of speech and expression from government restrictions. It declares that "Congress shall make no law...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." This right encompasses the decision of what to say and what not to say and allows for the free and public expression of opinions without censorship, interference, or restraint by the government.
The First Amendment's protection of free speech applies to state and local governments under the incorporation doctrine, but it does not prevent restrictions imposed by private individuals or businesses. There has been litigation over the right to freedom of speech on private property, balancing individuals' First Amendment rights with the Takings Clause. The Supreme Court of the United States has recognised that governments may enact reasonable time, place, or manner restrictions on speech and that certain categories of speech are given lesser or no protection.
The drafting and adoption of the Bill of Rights, including the First Amendment, addressed concerns about the emphasis on the power of the federal government in the new Constitution. The Framers, particularly James Madison, played a crucial role in ensuring that amendments were sent to the states for ratification. The right to freedom of speech is a fundamental principle in the United States, and efforts continue to be made to secure and protect this right from government interference.
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The right to due process of law
The Due Process Clause of the Fourteenth Amendment has been interpreted by the Supreme Court to impose these protections on the states, limiting their power over citizens' rights. This interpretation has been the basis for numerous significant Supreme Court cases, such as W. Va. State Bd. of Educ. v. Barnette (1943), Gideon v. Wainwright (1963), Griswold v. Connecticut (1965), and McDonald v. Chicago (2010). The clause guarantees procedural protections, such as notice and a hearing, before the government can take away entitlements like publicly funded medical insurance.
The framers of the Constitution were visionaries who sought to establish foundational principles to guide the nation into an uncertain future. They understood the imperfections of majority rule and anticipated potential threats to fundamental freedoms. Due process plays a crucial role in safeguarding these freedoms by providing a "legal check" through the judiciary. This check helps prevent governing majorities from enacting laws that entrench their authority or sacrificing the rights of minorities.
The concept of due process has evolved over time, with the Supreme Court elaborating on its understanding. One of the most controversial aspects is "substantive due process," which has ignited political debates. Substantive due process refers to rights not specifically listed in the Constitution, such as the right to direct the education of one's children, the right to procreate, and the right to bodily integrity. These rights are protected by the Supreme Court's interpretation of the Due Process Clause, even though they are not explicitly mentioned in the constitutional text.
In conclusion, the right to due process of law, added by the framers to the US Constitution, is a critical safeguard for citizens' liberties. It ensures that the government follows fair and just procedures and protects individuals from arbitrary deprivation of their life, liberty, or property. The interpretation and application of due process have evolved through judicial decisions, shaping the relationship between the state and its citizens and ensuring the protection of their fundamental rights.
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The right to free exercise of religion
The Framers of the American Constitution were visionaries who sought to address the challenges facing the nation during their lifetimes and establish foundational principles to guide the new nation into an uncertain future. They understood that political majorities may be tempted to enact laws that serve their interests and that prejudice and intolerance may lead majorities to disregard the needs and interests of minorities.
The Framers took several important steps to ensure the freedom to practice religion in the United States. Firstly, they included the First Amendment in the Bill of Rights, which explicitly addresses religious freedom. This amendment states that "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." This means that the government cannot interfere with an individual's right to practice their religion freely and ensures that individuals can worship without government interference, protecting the religious practices of various groups such as Christians, Jews, Muslims, and Hindus.
Secondly, they included Article VI, Clause 3, often referred to as the "no religious test" clause. It states that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." This clause ensures that individuals from any religious background can serve in public office, including the presidency, without having to adhere to a specific religious belief or pass a religious test.
The Framers' commitment to protecting religious freedom and establishing a government that respects individuals' rights to believe and worship as they choose was shaped by their desire to avoid the religious conflicts common in Europe at the time and their recognition of the diverse beliefs in the new nation. They understood that religion was a sensitive issue, and while some Americans wanted the government to give faith a larger role, others feared it would do so. By including these provisions in the Constitution, the Framers protected individual rights and promoted religious diversity.
The Framers intended the courts to play a central role in addressing concerns related to majority rule and protecting fundamental freedoms. The Supreme Court has upheld the establishment and free exercise clauses of the First Amendment in various cases, demonstrating their importance in safeguarding religious freedom.
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The right to equal protection of the laws
The Equal Protection Clause states that no state shall "deny to any person within its jurisdiction the equal protection of the laws." In other words, it mandates that individuals in similar situations be treated equally by the law. This clause ensures that the government governs impartially, not drawing distinctions between individuals based on differences irrelevant to a legitimate governmental objective.
The inclusion of this clause in the US Constitution was a significant shift in American constitutionalism, imposing substantially more restrictions on the states than had existed before the Civil War. The clause was intended to validate the equality provisions contained in the Civil Rights Act of 1866, which provided that all citizens, regardless of race or colour, were entitled to the full and equal benefit of the laws and proceedings for the security of their person and property.
The framers of the Constitution were visionaries who sought to address not only the challenges of their time but also to establish foundational principles to guide the nation into the future. They understood the imperfections of majority rule and the potential for political majorities to enact laws that entrench their authority or infringe on the rights of minorities. As such, they intended for the courts to play a central role in addressing these concerns and protecting the fundamental freedoms outlined in the Constitution.
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The right to not face cruel and unusual punishment
The Eighth Amendment to the US Constitution, ratified in 1791, includes the following text:
> "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
The Eighth Amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining pretrial release or as punishment for a crime after conviction. The amendment serves as a limitation on the state or federal government, ensuring that punishments remain humane and proportional to the offence committed.
The original meaning of the word "unusual" in the amendment was "contrary to long usage". This has been interpreted to mean that punishments that were considered acceptable in the past may now be deemed "unusual" and therefore prohibited. This interpretation is supported by the evolving standards of decency, which acknowledge that societal attitudes and understandings of what constitutes cruel and unusual punishment may change over time.
The Eighth Amendment has been the subject of scrutiny, inquiry, and controversy, particularly regarding the interpretation of "cruel and unusual punishments". While the amendment does not explicitly define what constitutes unconstitutional punishments, the Supreme Court has interpreted it to include torture and particularly barbarous punishments. The Court has issued landmark rulings to clarify the scope of this protection, such as in Furman v. Georgia (1972), where the arbitrary and capricious application of the death penalty was deemed cruel and unusual.
The Eighth Amendment has also been invoked in cases challenging the constitutionality of certain laws, such as in Trop v. Dulles (1958), where the Supreme Court held that revoking citizenship as a punishment for wartime desertion was excessively severe and violated fundamental principles of justice.
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Frequently asked questions
The Framers of the US Constitution were 55 delegates with an average age of 42, who were assigned the task of revising the Articles of Confederation. Notable Framers include James Madison, Roger Sherman, Elbridge Gerry, George Washington, Alexander Hamilton, and Benjamin Franklin.
The Framers defined fundamental freedoms in general terms, including freedom of speech, due process of law, free exercise of religion, equal protection of the laws, and protection from cruel and unusual punishment.
The Framers set forth governmental powers in general terms, granting Congress the power to regulate commerce among the states, giving the president the power to execute laws faithfully, and authorizing the courts to decide cases and controversies.
The Framers included provisions prohibiting states from issuing currency or providing debt relief, and they ensured that the president was selected by a body of electors rather than individual voters. They also established a nationwide system of federal courts to protect federal interests and gave senators longer terms of office to insulate them from populist influence.
