Eleanor Finch
The US Constitution is a document that outlines the values and principles that form the basis of the American political system. It was written to establish a more perfect Union, secure liberty, and ensure domestic tranquility. The Constitution's values include a commitment to limited government, individual liberties, and a system of checks and balances to prevent the concentration of power. The Constitution also outlines the rights and responsibilities of the federal government and the states, with the aim of protecting citizens' natural rights and ensuring that power is ultimately vested in the people. Amendments to the Constitution, such as the Bill of Rights, have expanded the protections it affords to citizens, including the right to citizenship and the prohibition of discrimination in voting based on race or colour.
| Characteristics | Values |
|---|---|
| Republican form of government | Power is lodged in more than one branch of government, with a system of checks and balances |
| Government is ultimately responsible to the citizenry | |
| Respect for the rule of law | |
| Protection of liberty | |
| Decentralization | |
| Protection of natural rights | |
| Limited powers of the central government | |
| Periodic elections | |
| Independent judiciary | |
| Checks and balances among the government's different branches | |
| A list of powers specifically denied to the federal government | |
| Ban on immoral practices | |
| Promotion of religion |
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What You'll Learn
Protecting individual liberties
The US Constitution is structured to protect individual liberties and prevent government overreach. James Madison, who wrote the Bill of Rights, believed that the Constitution's most important safeguard for liberty was that it granted only limited powers to the central government.
The Constitution divides authority between the federal government and the states, with a system of checks and balances in place to ensure that no one branch becomes too powerful. Each branch of government is dependent on the people, who are the source of legitimate authority. The people elect representatives to the House of Representatives every two years, and no person can be a representative who has not attained the age of twenty-five years, been seven years a citizen of the United States, and who is not, when elected, an inhabitant of the state in which they are chosen.
The Constitution also includes a list of powers specifically denied to the federal government (Article I, Section 9). The first ten amendments to the Constitution, known as the Bill of Rights, further protect individual liberties and limit government power. These amendments include the right to trial by jury, the prohibition of excessive bail or cruel and unusual punishments, and the protection of certain rights not enumerated in the Constitution.
The Fourteenth Amendment, ratified in 1868, granted United States citizenship to former slaves and to all persons "subject to U.S. jurisdiction". It also contained three new limits on state power: a state shall not violate a citizen's privileges or immunities; shall not deprive any person of life, liberty, or property without due process of law; and must guarantee all persons equal protection under the law. These limitations dramatically expanded the protections of the Constitution for individual liberties.
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Checks and balances
The US Constitution values the freedom and rights of its citizens, with amendments designed to limit government power and protect individual liberties. One of the ways it achieves this is through a system of checks and balances.
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group will have too much power. Each branch of government can change acts of the other branches, creating a system of checks and balances.
For example, the legislative branch makes laws, but the President in the executive branch can veto those laws. The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional. The executive branch, through federal agencies, enforces and administers federal laws, but federal judges and Supreme Court justices, who are nominated by the President and confirmed by the Senate, can overturn unconstitutional laws.
The legislative branch has the power to approve Presidential nominations, control the budget, and impeach the President and remove them from office. The executive branch can declare Executive Orders, but the judicial branch can declare those acts unconstitutional. The judicial branch interprets laws, but the President nominates judges who make the evaluations. The legislative branch can impeach judges and remove them from office.
Bicameralism also reduces legislative predominance, with the Senate's role in appointments and treaties providing a check on the President. The courts are assured independence from the political branches through good-behaviour tenure and security of compensation. Through judicial review, the courts can check the other two branches. The impeachment power gives Congress the authority to root out corruption and abuse of power in the other two branches.
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Federalism
The US Constitution, in its original form, outlined a system of "Enumerated Powers Federalism". This meant that the national government was granted specific and limited powers, with state governments retaining all other powers. The Tenth Amendment reinforces this by stating that powers not delegated to the federal government are reserved for the states or the people. This amendment was designed to limit government power and protect individual liberties.
The relationship between the federal and state governments has evolved over four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present day. The Fourteenth Amendment, enacted after the Civil War, placed new constraints on state governments, empowering the federal government to prevent states from violating the privileges and immunities of their citizens.
The Supreme Court has played a significant role in interpreting and upholding federalism. Despite the Constitution's lack of clear boundaries between federal and state powers, the Court has invoked constitutional provisions to check federal overreach and protect state sovereignty. This dynamic relationship between the federal and state governments through federalism has been a defining feature of the US political system.
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Republicanism
The values and ideals of republicanism are foundational to the US Constitution. In this context, republicanism does not refer to a political movement to abolish the social class system, as it does in countries such as the UK, Australia, and the Netherlands. Instead, it refers to the core values that citizenry in a republic have or ought to have.
Political scientists and historians have described these central values as liberty and inalienable individual rights; recognizing the sovereignty of the people as the source of all authority in law; rejecting monarchy, aristocracy, and hereditary political power; virtue and faithfulness in the performance of civic duties; and vilification of corruption. These values are based on those of ancient Greco-Roman, Renaissance, and English political thought.
The US Constitution's form of republican government is guaranteed to every state in the Union, and the distinguishing feature of that form is the right of the people to choose their own officers for governmental administration and pass their own laws in virtue of the legislative power reposed in representative bodies, whose legitimate acts may be said to be those of the people themselves. James Madison, in his Federalist Paper, explains and defends the checks and balances system in the Constitution. Each branch of government is framed so that its power checks the power of the other two branches; additionally, each branch of government is dependent on the people, who are the source of legitimate authority.
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Promoting the progress of science and useful arts
The US Constitution is a cornerstone of the US legal system, outlining the system of government and the fundamental rights of citizens. One of the key values it upholds is the "promotion of the progress of science and useful arts". This value is enshrined in the Constitution's Intellectual Property Clause, also known as the Copyright Clause, Patent Clause, or Progress Clause.
This clause gives Congress the power to grant authors and inventors exclusive rights to their writings and discoveries for a limited time. This provision aims to promote artistic creativity and technological innovation for the general public good. By securing these exclusive rights, the clause provides economic incentives for creators to recoup their investments in time, effort, and resources.
The "Progress of Science", as understood at the time of the Constitution's framing, referred to the creation and spread of knowledge and learning. This understanding has evolved to encompass all fields of modern scientific inquiry. Similarly, "useful Arts" originally referred to the work of artisans skilled in manufacturing crafts, but now includes technological advancements and innovations that provide social benefit.
The Constitution's IP Clause reflects an economic philosophy that encourages individual effort and personal gain as a means to advance public welfare. It recognises that exclusive rights are necessary to incentivise the creation of new artistic and technological works. This clause has been the basis for US copyright and patent laws, with Congress protecting copyrights and patents under federal law since 1790.
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Frequently asked questions
The US Constitution is founded on the principle of creating a "more perfect Union", establishing justice, ensuring domestic tranquility, providing for the common defence, promoting general welfare, and securing liberty for all. The Constitution also outlines a system of checks and balances, with each branch of government holding power over the others, and all branches being dependent on the people.
The US Constitution safeguards individual liberty by granting only limited powers to the central government. This includes periodic elections, an independent judiciary, and a list of powers specifically denied to the federal government. The Constitution also outlines certain rights that are retained by the people, such as the right to trial by jury and protection from excessive bail, fines, and cruel and unusual punishments.
The US Constitution has been amended several times since its creation, with the first 10 amendments, known as the Bill of Rights, being added two years after the Constitution became operative. The Fourteenth Amendment (1868) granted citizenship to former slaves and placed new limits on state power, dramatically expanding the protections of the Constitution. The Fifteenth Amendment (1870) prohibited the use of race, colour, or previous servitude in determining voting rights. The US Constitution is considered one of the most difficult in the world to amend, which has led to the persistence of undemocratic institutions.
