Omar Bennett
The Constitution of a country is a set of rules that establishes a system of government and its relationship with the people and states. The United States Constitution, which came into force in 1789, is the oldest and longest-standing written and codified national constitution in the world. It has been amended 27 times since its implementation, with the first ten amendments being collectively known as the Bill of Rights. The US Constitution is significant because it outlines the fundamental rights and protections of its citizens, such as life, liberty, and property, while also establishing a national government with checks and balances to prevent arbitrary rule.
| Characteristics | Values |
|---|---|
| Provides a system of checks and balances | Prevents tyranny of any one branch of government |
| Limits the powers of the federal government and each of its branches | A reaction to the tyranny of British rule |
| Divides power between the national government and the state governments | Allows state or local laws that don't conflict with the Constitution or federal law |
| Grants citizens rights and freedoms | Rights to travel, vote, privacy, and make decisions about one's body |
| Provides for equal representation of the states | Each state has two senators |
| Protects against tyranny | Habeas corpus, due process of law |
| Ensures a legal and political tradition of strict adherence to constitutional provisions | Rule of law |
| Sets out independent institutions | Central bank, anti-corruption commission, electoral commission, etc. |
| Determines the length of terms of office | No person can be elected President more than twice |
| Determines the process of amending the Constitution | Requires ratification by state legislatures or state conventions |
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What You'll Learn
The US Constitution: history and amendments
The US Constitution is the oldest active codified constitution in the world. It came into effect on June 21, 1788, when New Hampshire became the ninth state to ratify it. The Constitution was created to provide a framework for a strong central government that could maintain order and stability while also preserving state power. The Federalists supported the Constitution, while the Anti-Federalists opposed it, particularly due to the absence of a bill of rights. Despite this opposition, the Constitution was ratified, and the First Congress added the Ninth Amendment as a compromise, which protects unenumerated rights such as the right to travel, the right to privacy, and the right to make important decisions about one's health.
The US Constitution has undergone 27 amendments, starting with the Bill of Rights, which comprises the first ten amendments ratified on December 15, 1791. One notable amendment is the Sixteenth Amendment, ratified on February 3, 1913, which granted Congress the authority to levy an income tax without apportioning it among the states. Another important amendment is Article One, Section 3, Clauses 1, which ensures equal representation of the states in the Senate.
The history of the US Constitution is marked by debates between Federalists and Anti-Federalists, with the former supporting a strong central government and the latter advocating for state sovereignty and individual liberties. The Anti-Federalists' persistence led to the inclusion of the Bill of Rights and the Ninth Amendment, protecting the rights of citizens. The Supreme Court, initially comprising jurists intimately connected with the framing of the Constitution, played a crucial role in establishing the nation, with Chief Justice John Marshall's rulings shaping the young country.
The US Constitution has had a significant impact on the country's history, addressing issues such as slavery, representation, and the balance of power between the federal government and the states. The delegates agreed to protect the slave trade for 20 years and allowed states to count three-fifths of their slaves as part of their populations for representation purposes. The Connecticut Compromise proposed a Congress with proportional representation in the lower house and equal representation in the Senate, giving each state two senators. These compromises held the Union together but also contributed to the continuation of slavery for several decades.
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The Supreme Court and federal law
The Constitution of the United States is the oldest active codified constitution in the world. The Supreme Court was established by Article III of the Constitution, which states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." While the Constitution establishes the Supreme Court, it allows Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court of the United States is the highest court in the American judicial system. It has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law. For example, if a First Amendment free speech case was decided by the highest court of a state, the case could be appealed to the federal Supreme Court. However, the Supreme Court cannot consider a case if it was decided entirely on a state law similar to federal law. After a circuit court or state supreme court has ruled on a case, either party may choose to appeal to the Supreme Court by filing a "writ of certiorari".
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of the government recognises the limits of its power. The Supreme Court also protects civil rights and liberties by striking down laws that violate the Constitution. It has the final say over when a right is protected by the Constitution or when a Constitutional right has been violated.
The Supreme Court has nine justices: one chief justice and eight associate justices. Justices are appointed by the President and confirmed by the Senate for a life term. The chief justice is chosen by the President and approved by Congress when the position is vacant, and they act as the administrator of the court. The Supreme Court's decisions have a significant impact on society, influencing not just lawyers and judges but also the general public, including high school students.
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Checks and balances
A constitution is a set of rules that govern a country, outlining the powers and duties of its government and often establishing certain rights for its citizens. The importance of a constitution lies in its ability to provide a framework for a country's laws and political processes, protect citizens' rights and freedoms, and ensure the government's accountability and responsiveness to its people.
In a system of checks and balances, each branch of government has the ability to influence and limit the actions of the others. For example, in the United States, Congress can appropriate funds and reverse decisions of the Supreme Court, while the Supreme Court can review and strike down laws passed by Congress if they are found to be unconstitutional. The president, as the head of the executive branch, appoints members to the Supreme Court, but this appointment requires the consent of the Senate, which also approves treaties and other executive appointments.
However, checks and balances can also present challenges. By their very nature, they can make unilateral action more difficult and increase the risk of gridlock in the decision-making process. Additionally, they may provide opportunities for vested interests to protect themselves by exercising veto power over proposed changes. Therefore, a careful balance must be struck to preserve effective checks and balances without hindering necessary and decisive action.
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Federalism
The US Constitution is supreme over both the national and state governments. The Constitution sets out all of the federal government's powers, and any powers not delegated to the federal government are reserved for the states. This is reflected in the Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
The Framers of the Constitution sought to establish a unified national government with limited powers while maintaining a distinct sphere of autonomy for state governments. They proposed two solutions to allocate the federal government's powers: firstly, to divide the national government into three separate branches, each with its own roles and authorities; and secondly, to separate powers designated who had the power to act in different areas. This allowed each branch of government to "check" the power of the other branches.
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Historical context and influence
The concept of a constitution has a long historical context, with the term deriving from the Latin word 'constitutio', used for regulations and orders. In canon law, the term was used for important decrees, especially those issued by the Pope. The historical life expectancy of a constitution since 1789 has been approximately 19 years. The Constitution of San Marino is the oldest written document still governing a sovereign nation today, with some of its core documents in operation since 1600. The Constitution of India is the longest written constitution of any country in the world, with 146,385 words in its English-language version.
The Constitution of the United States is the oldest active codified constitution. The US Constitution was written as a reaction to the tyranny of British rule, especially the tyranny of a single monarch. The US Constitution provides for a system of checks and balances designed to avoid the concentration of power in any one branch of government. The federal government is divided into three branches: the executive power, invested in the President; the legislative power, given to Congress (the House of Representatives and the Senate); and the judicial power, vested in the Supreme Court and other federal courts created by Congress.
The Supreme Court initially comprised jurists intimately connected with framing the Constitution, such as John Jay, co-author of The Federalist Papers, who served as the first chief justice. The Court's power is not unlimited, and it is subject to control over its jurisdiction by Congress. The federal courts have the power to declare a statute enacted by Congress to be in violation of the Constitution and therefore invalid, as established in the landmark case of Marbury v. Madison in 1803.
During the Constitutional ratification debates, Anti-Federalists argued for the addition of a Bill of Rights, which became the Ninth Amendment. The rights protected by this amendment are referred to as "unenumerated" and include the right to travel, the right to vote, the right to privacy, and the right to make important decisions about one's health care or body.
The US Constitution also addresses the issue of slavery, with delegates agreeing to protect the slave trade for 20 years and allowing states to count three-fifths of their slaves towards their populations for representation in the federal government. The Constitution further divides power between the national government and state governments, a principle referred to as "federalism".
The UK, a constitutional monarchy, has a different constitutional structure, with the monarch appointing and dismissing ministers on the advice of the prime minister. The prime minister will resign if the government loses the confidence of parliament.
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Frequently asked questions
A constitution is a document that outlines the rules and regulations of a country, including the system of government and the rights and responsibilities of its citizens.
A constitution is important because it establishes a system of checks and balances, dividing power between different branches of government and protecting citizens from tyranny. It also outlines the rights and responsibilities of citizens, providing a framework for the rule of law.
The Ninth Amendment of the US Constitution, for example, protects the right to travel, the right to vote, the right to privacy, and the right to make important decisions about one's health. The constitution of India, the world's longest written constitution, also grants its citizens the freedom of expression.
The enforcement of constitutional rules varies depending on the country. In the US, for example, the Supreme Court acts as the final arbiter of the Constitution, but its power is not absolute and it relies on the executive branch for enforcement.
