Simone Lawson
The United States Constitution is a reference to the nation's foundational document, outlining the principles, structures, and values that govern the country. Drafted in 1787 by 55 delegates, it was a product of intense debate and compromise, addressing issues such as states' rights, representation, and slavery. The Constitution's seven articles, ratified in 1788, united diverse states under a single national government, protecting individual liberties and establishing a balance of powers between different branches. The document has since been amended 27 times, with the first 10 amendments forming the Bill of Rights, ensuring the protection of fundamental freedoms. The Constitution continues to be interpreted and scrutinized, shaping American law and political life.
| Characteristics | Values |
|---|---|
| Philosophical influences | The political philosophers most frequently referred to were Blackstone, Hume, Locke, and Montesquieu. |
| Political influences | The US Constitution was influenced by Iroquois Confederacy political concepts and ideas. |
| Purpose | To unite a group of states with different interests, laws, and cultures under one national government. |
| Structure | The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. |
| Function | The US Constitution acts as the supreme law of the land, with courts established to regulate government and decide on constitutionality. |
| Role of the Supreme Court | The Supreme Court assumes the power to declare acts of Congress unconstitutional but self-limits its passing on constitutional questions. |
| Role of the President | The President holds "important political powers" with executive privilege allowing great discretion, including in foreign affairs. |
| Checks and Balances | The doctrine of legislative, executive, and judicial separation of powers with checks and balances was designed to limit government power and secure citizens' liberty. |
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What You'll Learn
The Constitution's philosophical influences
The US Constitution is a reference to the nation's foundational document, which was written during the summer of 1787 in Philadelphia, Pennsylvania, by 55 delegates to a Constitutional Convention. The Constitution was signed on September 17, 1787, and ratified on June 21, 1788. It is composed of a preamble, seven articles, and 27 amendments, the first 10 of which are known as the Bill of Rights.
Franklin stated at the Constitutional Convention:
> "We have gone back to ancient history for models of Government, and examined different forms of those Republics [...] And we have viewed modern States all round Europe but find none of their Constitutions suitable to our circumstances."
This indicates that the framers of the Constitution looked to ancient governments and modern European states for inspiration, but ultimately created a unique system of government that reflected the egalitarian character of the American people.
The Constitution was also influenced by the political philosophies of the Enlightenment, including the works of Montesquieu, Locke, Edward Coke, William Blackstone, Hume, and others. These philosophers' ideas on limiting government power, securing individual liberty, and promoting Enlightenment rationalism and English common law likely influenced the framers of the Constitution.
Additionally, some scholars argue that the Iroquois Confederacy political concepts and ideas influenced the US Constitution. Donald Grinde and Bruce Johansen, for example, claim there is "overwhelming evidence" supporting the Iroquois thesis.
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The unification of states
The Constitution was written in 1787 by 55 delegates to the Constitutional Convention in Philadelphia, Pennsylvania. The convention was called to amend the Articles of Confederation, the country's first written constitution, which established a weak central government with limited powers. The delegates to the convention, known as the founding fathers, engaged in lengthy and contentious debates over issues such as states' rights, representation, and slavery. They sought to balance the power of the central government with the rights of the states and the liberties of citizens.
One of the main challenges in unifying the states was reconciling the interests of small and large states. The delegates debated whether each state should have the same number of representatives in the federal legislature, as under the Articles of Confederation, or whether representation should be based on a state's population. This debate was resolved through the Great Compromise, which established a bicameral legislature with a Senate, where all states are equally represented, and a House of Representatives, where representation is based on population.
Another critical issue in unifying the states was the question of slavery. Some delegates from Northern states sought to abolish slavery or tie representation to the free population, while Southern delegates threatened to leave the convention if slavery were banned. The framers of the Constitution reached a compromise by adopting the three-fifths compromise, which counted three-fifths of the enslaved population for representation purposes, and prohibiting Congress from banning the importation of enslaved people until 1808.
The framers of the Constitution were influenced by various political philosophies and historical precedents. They drew upon ideas from the Enlightenment, Magna Carta, English common law, and the writings of political philosophers such as Locke, Montesquieu, Hume, and Blackstone. The Constitution was also shaped by the unique political concepts and ideas of the Iroquois Confederacy, as noted by scholars Grinde and Johansen. The unification of the states under the Constitution was a complex and contentious process, requiring compromises and balancing the interests of diverse stakeholders.
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The Supreme Court's role
The American Constitution is a reference to the Constitution of the United States, which was signed on September 17, 1787, and ratified on June 21, 1788. It is composed of a preamble, seven articles, and 27 amendments, with the first 10 known as the Bill of Rights. The Constitution united a group of states with different interests, laws, and cultures, under one national government.
The Supreme Court plays a crucial role in the constitutional system of government in the United States. Here are some key aspects of its role:
Interpreting the Constitution: The Supreme Court is tasked with interpreting the Constitution and ensuring its application in governance. It has the power to declare acts of Congress unconstitutional and provide guidance on basic problems of life and governance in a democracy.
Judicial Review: The Supreme Court has the power of judicial review, which means it can review and rule on the constitutionality of actions by Congress, the President, and other government entities. This power helps ensure that each branch of government recognizes its limits and acts within the framework set by the Constitution.
Protecting Civil Rights and Liberties: The Court plays a vital role in protecting the civil rights and liberties of Americans. It can strike down laws that violate the Constitution, thereby safeguarding fundamental values such as freedom of speech, freedom of religion, and due process of law.
Ensuring Checks and Balances: As a co-equal branch of government, the Supreme Court seeks to balance its power with that of the President and Congress. It holds federal officers accountable while also respecting the executive privilege of the President in areas like foreign affairs.
Resolving Disputes: The Supreme Court is the highest court in the land and serves as the court of last resort for those seeking justice. It has original jurisdiction over certain cases, such as disputes between states or cases involving ambassadors. It also has appellate jurisdiction over a wide range of cases involving constitutional or federal law.
Setting Limits on Democratic Government: The Supreme Court ensures that the majority's changing views do not undermine the fundamental values and rights shared by all Americans. It sets limits on what laws popular majorities can pass to protect unpopular minorities from harm or undue advantage.
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The legislative process
The legislative branch is comprised of two bodies: the Senate and the House of Representatives, collectively known as Congress. The House of Representatives is the lower chamber, with members chosen every second year by the people of each state. To become a Representative, one must be at least 25 years old, a US citizen for at least seven years, and an inhabitant of the state they represent. Representatives are apportioned among the states based on their respective populations, with each state having at least one Representative.
The Senate, on the other hand, is the upper chamber. Senators serve six-year terms, with one-third of Senate seats up for election every two years. The qualifications to become a Senator are more stringent than those for Representatives; a Senator must be at least 30 years old, a US citizen for nine years, and an inhabitant of the state they represent. The Vice President of the United States is the President of the Senate but does not have a vote unless there is a tie.
Congress plays a crucial role in the legislative process. It holds the power to make laws and alter regulations regarding the times, places, and manner of holding elections for Senators and Representatives. Congress must assemble at least once a year, with the ability to determine its own rules of proceedings. Each House is responsible for judging the elections, returns, and qualifications of its members and can expel a member with a two-thirds concurrence. Additionally, Congress has the authority to raise and support armies, declare war, make rules concerning captures, and provide for the organisation and governance of the militia.
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The protection of civil rights
The American Constitution is a reference to the Constitution of the United States, which was signed on September 17, 1787, and ratified on June 21, 1788. It is composed of a preamble, seven articles, and 27 amendments, with the first 10 amendments known as the Bill of Rights. The Constitution serves as the supreme law of the land and establishes a framework for the US government and the protection of civil rights.
However, despite the intentions of the 14th Amendment, it failed to fully protect the rights of Black citizens. In the case of Plessy v. Ferguson (1896), the Supreme Court ruled that "separate but equal" facilities for blacks and whites did not violate the Equal Protection Clause, cementing racist Jim Crow-era laws. It was not until 1954, with the Brown v. Board of Education ruling, that the Supreme Court unanimously overruled Plessy and held that separate schools for blacks and whites violated the Equal Protection Clause.
The Supreme Court plays a crucial role in interpreting and enforcing the Constitution, including civil rights protections. It has the power to declare acts of Congress unconstitutional and provide guidance on basic problems of life and governance in a democracy. However, the Court has also been criticised for its self-restraint in judicial review, which some argue has compromised the protection of civil rights, particularly for political minority groups and aliens.
In addition to the 14th Amendment, other amendments and laws have contributed to the protection of civil rights. The 13th Amendment, ratified in 1865, aimed to abolish slavery and eradicate the badges and incidents of slavery. The 15th Amendment extended voting rights to men of all races. Federal disability rights laws also provide protection against discrimination for people with disabilities.
Overall, the American Constitution, through its amendments and the interpretation and enforcement by the Supreme Court, has played a significant role in the protection of civil rights in the United States. It continues to evolve and adapt to contemporary societal changes and challenges.
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Frequently asked questions
The American Constitution is a reference to the United States Constitution, which is the country's supreme law. It is composed of the Preamble, seven articles, and 27 amendments, the first 10 of which are known as the Bill of Rights.
The Constitution was written to unite a group of states with different interests, laws, and cultures under one national government. It also aimed to limit the power of the government and secure the liberty of citizens through a system of checks and balances.
The Constitution was influenced by various political philosophies, including those of Montesquieu, Locke, Edward Coke, and William Blackstone. The framers of the Constitution also drew upon the Magna Carta, Enlightenment rationalism, and English common law. Some scholars argue that the political concepts of the Iroquois Confederacy also influenced the Constitution.
The American Constitution was written during the summer of 1787 in Philadelphia, Pennsylvania, by 55 delegates to a Constitutional Convention. It was signed on September 17, 1787, and ratified on June 21, 1788.
