Eleanor Finch
The United States Constitution, the first permanent constitution, is the most difficult constitution in the world to amend. It has been amended 27 times since it became operational in 1789. The first ten amendments, known as the Bill of Rights, protect individual liberty and justice and restrict government powers. The majority of the 17 later amendments expand individual civil rights protections. The US Constitution, handwritten on parchment by Jacob Shallus, has influenced the constitutions of other nations.
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What You'll Learn
The US Constitution is difficult to amend
The US Constitution is widely considered to be the most difficult constitution in the world to amend. Since it became operational in 1789, it has been amended only 27 times. In comparison, the UK's uncodified constitution has been amended 31 times in a single year. The reasons for this difficulty are rooted in the intentions of the Framers—the men who wrote the Constitution. They believed that a long and complicated amendment process would help create stability in the United States.
The US Constitution is the founding document of the country and is considered the "'supreme law of the land,'" which means that the government must follow it. Amendments to the Constitution are rare because they are usually only needed to change or clarify something that the Constitution specifically says. The Constitution is a short document, typically fewer than 20 pages long in booklet form. It outlines the structure of the government but does not include most of the laws that exist in the United States. Therefore, most of the time, changing a law does not require changing the Constitution.
The process of amending the Constitution is intricate and demanding. For an amendment to be approved, two-thirds of both houses of Congress must pass it. Then, three-fourths of all states must ratify the amendment, either in their statehouses or at a special convention. This means that 38 out of 50 states must approve, a number that is rounded up from 37.5. This high threshold ensures that amendments are usually permanent once ratified.
The non-use of Article V has also been cited as a source of amendment difficulty. The absence of amendments over the past three decades may have shifted expectations toward alternative means of changing the Constitution, rather than formal alteration. The US Constitution's resistance to change has resulted in the persistence of undemocratic institutions that other democracies have long since reformed. This rigidity is a cause for concern rather than a point of pride, as it enables significant democratic backsliding.
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The role of the Supreme Court
The Supreme Court is the highest court in the United States, and it plays a crucial role in the country's constitutional system of government. It is the court of last resort for those seeking justice, and its decisions have a significant impact on society. The Supreme Court is explicitly established by the Constitution and consists of one Chief Justice and eight Associate Justices, who are appointed by the President and confirmed by the Senate. These justices typically hold office for life and enjoy salary protection during their term, ensuring the independence of the judiciary from political branches.
One of the key roles of the Supreme Court is its power of judicial review, which allows it to interpret the Constitution and ensure that all branches of government respect their constitutional limits. This power enables the Court to strike down any laws that violate the Constitution, thereby protecting civil rights and liberties. The Court's jurisdiction includes cases involving the Constitution, federal laws, treaties, and controversies between states or involving ambassadors and high-ranking ministers. The Court has original jurisdiction in these cases, meaning it is the first and only court to hear them.
Additionally, the Supreme Court has appellate jurisdiction, which allows it to review decisions made by lower courts. Most of the cases heard by the Supreme Court are appeals, and the Court has the discretion to choose which cases to hear. The Court typically accepts cases that could have national significance, harmonize conflicting decisions in lower courts, or set precedents. The Supreme Court's rulings carry weight and can shape the interpretation of Constitutional rights and protections.
The Supreme Court also plays a role in defining treason and establishing the punishment for such acts. It ensures that the rights and freedoms of all Americans are protected and that the majority's changing views do not undermine fundamental values such as freedom of speech, freedom of religion, and due process of law. The Court's rulings can extend to state laws, ensuring that Constitutional rights are upheld at both the federal and state levels.
In summary, the Supreme Court is an integral part of the US constitutional framework. Its role extends beyond mere legal interpretation and enforcement; it safeguards the rights enshrined in the Constitution, checks the powers of the government, and helps maintain the delicate balance of a democratic society.
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The intentions of the framers
The framers intended to form a more perfect union by uniting the states under a single federal government, resolving issues that had arisen under the Articles of Confederation. This included establishing a strong central government with the power to effectively govern and protect the rights of citizens.
To establish justice, the framers aimed to create a fair and impartial system of laws and courts to ensure equal justice for all. This included the creation of the Supreme Court, which would have the power to review and interpret the laws and ensure their fairness and consistency.
Domestic tranquility was to be ensured by creating a stable and peaceful society, free from violence and civil disorder. The framers also aimed to protect citizens from invasion, insurrection, and domestic violence.
The framers intended to provide for the common defence by establishing a national defence system to protect the country from external threats. This included the creation of a standing army, a navy, and the power to declare war.
General welfare was to be promoted by ensuring the government worked for the benefit of all citizens, providing for their basic needs and well-being. This included the power to levy taxes and regulate commerce to promote economic growth and prosperity.
Finally, the framers intended to secure the blessings of liberty by protecting the freedoms and rights of citizens, including freedom of speech, religion, and the press. The Constitution also included a Bill of Rights, which further guaranteed these liberties and placed restrictions on the powers of the government.
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The separation of powers
The US Constitution, which came into operation in 1789, has been amended 27 times since. It is based on the principle of checks and balances, with the separation of powers being a key tenet. The separation of powers is a concept derived from the text and structure of the Constitution, which seeks to ensure that governmental powers are distributed among distinct branches. This principle functionally differentiates several types of state power, typically law-making, adjudication, and execution, and requires these operations to be conceptually and institutionally distinct.
The US Constitution divides governmental power among three branches: legislative, executive, and judicial. The legislative power is vested in the Congress of the United States, which consists of a Senate and a House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the states. The executive power is vested in the President, and the judicial power in the Supreme Court and any lower courts created by Congress.
The Framers of the Constitution, influenced by their experience with the British monarchy, believed that concentrating governmental powers in a single entity would lead to arbitrary and oppressive rule. They sought to ensure that each branch of government would be separate and independent, exercising one of the three basic functions. This approach, also known as the "tripartite system", was first proposed by French Enlightenment philosopher Montesquieu, who based it on the Constitution of the Roman Republic and the British constitutional system. Montesquieu argued that by separating powers, no one person or entity could usurp complete power.
To maintain a functional government, the Framers also recognised the need for interdependence and sharing of power among the branches. They incorporated checks and balances, such as the power of Congress to impeach and remove the President, and the power of the President to veto legislation passed by Congress, which can be overruled by a supermajority vote of both houses of Congress.
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The influence of state politicians
The US Constitution is a document of paramount importance in the country's legal and political history, and its creation involved the participation of various key figures, including state politicians. The influence of state politicians on the Constitution was significant, particularly in the context of the debates between Federalists and Anti-Federalists.
The delegates to the Philadelphia Convention in 1787, where the Constitution was drafted, anticipated that many state politicians would lean towards Anti-Federalist sentiments. As a result, they devised a strategy to ensure that the Constitution would be ratified by popularly elected ratifying conventions in each state. This approach allowed for the inclusion of judges, ministers, and others who might not be eligible to serve in state legislatures.
The decision to employ the convention method for ratification was a strategic move to mitigate the potential opposition from Anti-Federalist state politicians. The delegates also determined that the Constitution would come into effect as soon as two-thirds of the states (nine out of thirteen) ratified it. This threshold was reached on June 21, 1788, when the ninth state, New Hampshire, ratified the document.
The signing of the Constitution by 39 delegates on September 17, 1787, marked a significant step in the process. However, the influence of state politicians extended beyond the drafting and signing. Over time, the Constitution has been amended to address various issues and expand individual civil rights protections. State politicians and legislatures have played a role in proposing and ratifying these amendments, contributing to the evolving nature of the Constitution.
The US Constitution, with its amendments, has had a profound impact on the country's political and legal landscape. The influence of state politicians, while significant, is just one aspect of the complex history and interpretation of this foundational document. The Constitution continues to be a living document, interpreted and supplemented by legal scholars, courts, and political figures.
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Frequently asked questions
The US Constitution is the highest law of the land, which was signed on September 17, 1787, and ratified on June 21, 1788. It became operational in 1789 and has since been amended 27 times.
The Preamble to the US Constitution is an introduction to the document and the law of the land. It communicates the intentions of the framers and the purpose of the document. The Preamble is famous for its first 52 words, which introduce the articles and amendments that follow.
The US Constitution is significant as it outlines the aspirations of "We the People" and their expectations of the government and way of life as a nation. It establishes justice, insures domestic tranquility, provides for the common defence, promotes general welfare, and secures the blessings of liberty for the people and their posterity.
The US Constitution has been interpreted and supplemented by a large body of federal constitutional law. The Supreme Court has also interpreted the Commerce Clause and the Necessary and Proper Clause broadly, allowing Congress to enact legislation not expressly allowed or denied in the limitations on Congress.
