Eleanor Finch
The United States Constitution was signed on September 17, 1787, and ratified on June 21, 1788. The authors of the Constitution were heavily influenced by the country's experience under the Articles of Confederation, which aimed to retain as much independence and sovereignty for the states as possible. The Constitution establishes a framework for the United States government, outlining the system of checks and balances and the separation of powers between the legislative, executive, and judicial branches. It also defines the process for amending the Constitution and seeks to limit the power of the government while securing the liberty of citizens.
| Characteristics | Values |
|---|---|
| Legislative Power | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| Elections | Members of the House of Representatives are chosen every second year by the people of the states |
| Voting Rights | Electors must have the qualifications required for electors of the most numerous branch of the state legislature |
| Age and Citizenship Requirements | Representatives must be at least 25 years old and have been citizens of the United States for at least 7 years |
| Residence Requirements | Representatives must be inhabitants of the state in which they are chosen |
| Checks and Balances | Separation of powers between legislative, executive, and judicial branches to limit government power and secure citizen liberty |
| Taxation | Congress has the power to lay and collect taxes, duties, imposts, and excises |
| Interstate Commerce | Congress has the power to regulate commerce between states and with foreign nations |
| National Defence | Congress has the power to provide for the common defence and general welfare of the United States |
| Amendments | Article V outlines the process for amending the Constitution, balancing the need for flexibility with the need for stability |
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What You'll Learn
The right to vote
The early history of voting rights in the US was marked by exclusion and inequality, with voting privileges limited to a small subset of the population. This changed with the Reconstruction Amendments adopted after the American Civil War, which not only abolished slavery but also addressed citizenship and voting rights for former slaves. The 15th Amendment, ratified in 1870, was a pivotal moment as it extended voting rights to men of all races.
However, the struggle for women's suffrage continued well into the 20th century. It wasn't until the ratification of the 19th Amendment in 1920 that women were guaranteed the right to vote across the country. This amendment explicitly prohibited states from denying voting rights based on sex.
Another significant milestone in expanding voting rights was the 26th Amendment, ratified in 1971, which lowered the voting age to 18 for all elections. This amendment ensured that young adults were given a voice in choosing their political representatives and shaping the country's future.
Today, federal laws and constitutional amendments protect Americans' right to vote and make it more accessible. The Voting Rights Act of 1965 is a notable example, prohibiting voter discrimination based on race, colour, or membership in a language minority group. It also mandated that certain jurisdictions provide election materials in languages other than English. Additionally, the Help America Vote Act of 2002 authorized federal funding for elections and established the US Election Assistance Commission to assist states in improving voter education, registration, and ballot standards.
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Equality and freedom
The US Constitution is a written document that outlines the system of government and the rights of citizens in the United States of America. It is the result of a long tradition of constitutionalism, with the 1755 Corsican Constitution being an inspiration for many American patriots. The US Constitution was also influenced by the country's experience under the Articles of Confederation, which aimed to retain the independence and sovereignty of the states while assigning nationally important functions to a central government.
The first ten amendments to the Constitution, known as the Bill of Rights, further protect individual liberties and limit government power. The First Amendment, for example, protects freedom of religion, speech, and the press, as well as the right to peaceful assembly and to petition the government. The Fourth Amendment safeguards citizens' privacy and protection from unreasonable government intrusion, requiring a warrant for searches and seizures.
The Constitution also addresses equality by prohibiting discrimination in voting rights. The Reconstruction Amendments, adopted after the Civil War, abolished slavery and granted citizenship and voting rights to former slaves. The Nineteenth Amendment, ratified in 1920, prohibited the denial of the right to vote based on sex.
The Supreme Court plays a crucial role in interpreting the Constitution and balancing individual freedoms and equality. For example, in Griswold v. Connecticut (1965), the Court found a "zone of privacy" in the Constitution, protecting the freedom of married couples to use contraceptives. This was later extended to unmarried individuals as well. The Court has also weighed in on affirmative action and same-sex marriage, with a tendency to favour progressive interpretations of freedom and equality.
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Separation of powers
The United States Constitution establishes a system of separation of powers, dividing the federal government's powers between three separate but equal branches: the legislative branch, the executive branch, and the judicial branch. This structure aims to prevent any single branch from holding too much power and to create a system of checks and balances.
The legislative branch is responsible for making laws, while the executive branch, led by the President, enforces them. The President is the Commander-in-Chief of the military and has the power to make treaties, appointments, and receive ambassadors, among other duties. The judicial branch, including the Supreme Court, interprets the laws and can declare acts of Congress as unconstitutional.
The separation of powers doctrine allows each branch to perform its tasks efficiently and effectively and to check the actions of the other branches." This interplay of powers ensures that no single branch has absolute power and protects the rights and liberties promised to citizens. The system of checks and balances also helps to maintain a stable democracy and prevent tyranny, which was a key concern of the Founding Fathers due to their experiences with the British monarchy.
The Framers of the Constitution, including James Madison, were influenced by the ideas of scholars such as Montesquieu, who advocated for a separation of powers. They also considered various theories of political science and the experiences of ancient and existing governments. The result was a unique structure of government designed to create a strong and effective national government while also implementing limits on its powers.
The process of amending the Constitution, outlined in Article V, was crafted to balance the need for flexibility with the need for stability in the government. The Constitution's interpretation and implementation have evolved over time, with scholars and legal organizations exploring areas of agreement and disagreement.
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Checks and balances
The US Constitution established a system of checks and balances to ensure that the three branches of government—the legislative, executive, and judicial—could limit each other's power and check on each other's actions. This system was designed to prevent any one branch from becoming too powerful and to protect against the accumulation of power in any one person or group.
The legislative branch makes the laws, the executive branch executes the laws, and the judicial branch interprets the laws. Each branch has its own powers and responsibilities, and they are meant to work together to govern the country.
The legislative branch, for example, has the power to pass laws, but the executive branch can check this power by vetoing bills that it believes will cause harm or are unfair. The president, as the head of the executive branch, can also use their veto power to check Congress by vetoing bills that it has passed. However, Congress can override the president's veto with a two-thirds vote in both Houses. The judicial branch, or the Supreme Court, can also check both the legislative and executive branches by declaring a law unconstitutional.
This system of checks and balances is meant to promote debate and discussion within and between the branches and to prevent the abuse of power. It reflects the understanding of the Founding Fathers that power tends to corrupt and that absolute power corrupts absolutely. James Madison, one of the key authors of the Constitution, argued that by pairing separated powers with an intricate system of checks and balances, each branch would be able to defend itself against encroachments by the others.
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Amendments
The Constitution of the United States is a framework for the country's government. It outlines the system of checks and balances of each branch of government against the others, and the explicit guarantees of individual liberty. The writers of the Constitution intended to limit the power of the government and secure the liberty of citizens.
The Constitution can be amended, and amendments are needed to remedy problems with the original document. Article V outlines the process for amending the Constitution. The Articles of Confederation provided that amendments were to be proposed by Congress and ratified by the unanimous vote of all 13 state legislatures.
The first 10 Amendments to the Constitution, known as the Bill of Rights, were proposed by Congress in 1789 and adopted in 1791. These amendments include the right to trial by jury, the prohibition of excessive bail and cruel and unusual punishments, and the reservation of powers to the states or the people.
The Eleventh Amendment was passed by Congress in 1794 and ratified in 1795. It modified Article III, Section 2 of the Constitution, stating that the judicial power of the United States shall not be construed to extend to any suit in law or equity against one of the United States.
The Fourteenth Amendment, Section 1, states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens and are entitled to equal protection under the law. It also prohibits states from depriving any person of life, liberty, or property without due process of law.
The Sixteenth Amendment, ratified in 1913, gave Congress the authority to levy an income tax without apportioning it among the states or basing it on the Census.
The Nineteenth Amendment, ratified in 1920, prohibited any United States citizen from being denied the right to vote based on sex.
The Twenty-Seventh Amendment, originally proposed in 1789, was ratified in 1992. It states that any change to the salary of members of Congress will only take effect following the next election of representatives.
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Frequently asked questions
The US Constitution's main purpose is to strike a balance between authority and liberty. It aims to limit the power of the government while securing the liberty of its citizens.
The US Constitution establishes three branches of government: the legislative, the executive, and the judicial.
Article V outlines the process for amending the US Constitution. Amendments can be proposed by Congress and must be ratified by a unanimous vote of all state legislatures.
