Malcolm Rivera
The Constitution of the United States is the supreme law of the land, outlining the framework for the US government and acting as the source of all government powers and protections of fundamental rights. It is composed of a preamble, seven articles, and 27 amendments, with the first 10 known as the Bill of Rights. The Constitution establishes the rights of citizens, the powers of the federal government, and the relationship between the states. It also sets out the process for amending the document, which has been done 27 times since its ratification. The interpretation and application of the Constitution are influenced by court decisions, particularly those of the Supreme Court, which have the power of judicial review to examine and strike down laws found to be unconstitutional.
| Characteristics | Values |
|---|---|
| Purpose | To serve as a blueprint for organizing and governing global affairs |
| Scope | Outlines the powers, functions, and responsibilities of global institutions |
| Function | Establishes mechanisms for decision-making, conflict resolution, and the protection of human rights |
| Objective | To create a framework that promotes unity, justice, and sustainability on a global scale |
| History | Efforts to formulate world constitutions have been present throughout history, often in response to global crises or conflicts |
| Diversity | Reconciling diverse cultural, political, and legal perspectives of nations worldwide is an obstacle to a universally accepted constitution |
| Examples | The University of Chicago's Preliminary Draft of a World Constitution (1948); Thane Read and Philip Isely's draft agreement (1960s); Constitution for the Federation of Earth |
| National Constitutions | Since 1789, close to 800 constitutions have been adopted and amended by independent states |
| Classification | Codified (contained in a single document) or uncodified (consisting of several different sources, written or unwritten) |
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What You'll Learn
The US Constitution is the supreme law of the land
The Constitution of the United States is the supreme law of the land, outlining the country's judicial system and acting as the framework for the US government. It establishes the federal government's sovereignty and outlines the fundamental rights of US citizens.
The US Constitution was drafted by the Continental Congress and the Constitutional Convention, and it consists of several amendments that have been added over time. The amendments are designed to protect the rights of citizens and prevent the government from infringing on them. One example is the Eighth Amendment, which protects individuals from excessive bail or fines and cruel and unusual punishment.
The Constitution also establishes the structure of the US government, dividing its powers into three branches: legislative, executive, and judicial. This separation of powers is a key feature of the US political system, intended to prevent any one branch from gaining too much power. The legislative branch, or Congress, is responsible for creating laws, while the executive branch, led by the President, enforces them. The judicial branch, headed by the Supreme Court, interprets the laws and ensures that they align with the Constitution.
The US Constitution also outlines the relationship between the federal government and the individual states. It establishes that the federal government has supremacy over state governments, and that state laws cannot conflict with federal laws or the Constitution. This is further reinforced by the requirement that all federal and state legislators, officers, and judges take oaths to support the Constitution.
The Constitution has been amended 27 times since its ratification, with a rigorous process in place to prevent arbitrary changes. Amendments can be proposed by a two-thirds vote in both Houses of Congress or by a convention called at the request of two-thirds of the states. This ensures that any changes to the supreme law of the land are carefully considered and reflect the needs of a changing nation.
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The Constitution outlines the US judicial system
The US Constitution, which came into force in 1789, outlines the US judicial system. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It is made up of seven articles, the first three of which embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
The judicial branch consists of the Supreme Court and other federal courts. The Supreme Court is the highest court in the American judicial system, with the power to decide on appeals from all cases brought in federal or state court. The Supreme Court meets in Washington, D.C., and conducts its annual term from the first Monday of October until June.
The federal court system has three main levels: district courts, circuit courts, and the Supreme Court. There are 94 district courts, 13 circuit courts, and one Supreme Court throughout the country. District courts are the trial courts of the federal court system, handling both civil and criminal cases. Each district court has at least one district judge, appointed by the President and confirmed by the Senate for life. Circuit courts are the first level of appeal, and in rare cases, the entire circuit court may consider certain appeals in a process called an "en banc hearing."
Beyond these three main levels, a few courts have been established to deal with appeals on specific subjects, such as veterans' claims and military matters. Additionally, Congress has the power to establish other tribunals within the executive branch to assist the President. These are usually specialized tribunals with judges serving fixed terms. The Judicial Conference of the United States is the policymaking body of the federal courts, responsible for creating and revising procedural rules. The federal judiciary also includes support agencies such as the Administrative Office of the United States Courts, which provides administrative support, and the United States Marshals Service, which is responsible for protecting the judiciary and transporting federal prisoners.
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The Constitution establishes the rights of citizens
The Constitution of a country is the supreme law by which the country is governed. The United States Constitution, for example, superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. It is the oldest and longest-standing written and codified national constitution in force in the world. The US Constitution was drafted between May 25 and September 17, 1787, and was ratified on June 21, 1788. It has been amended 27 times since it became operational.
The US Constitution establishes the rights of citizens through the Bill of Rights, which comprises the first ten amendments. James Madison wrote these amendments to limit government power and protect individual liberties. The first amendment, for instance, prohibits Congress from making laws that establish a religion or infringe on the freedom of speech, the freedom of the press, the right to peaceably assemble, or the right to petition the government. The second amendment protects the right of the people to keep and bear arms. The third amendment states that no soldier shall be quartered in any house in times of peace without the owner's consent. The fourth amendment protects citizens' right to privacy and guards against unreasonable government intrusion into their homes.
The fifth amendment provides several protections for people accused of crimes. It protects citizens against double jeopardy, guarantees the right against self-incrimination, and ensures the right to due process of law. The sixth amendment provides additional protections for the accused, including the right to a speedy and public trial, an impartial jury, and the right to be informed of criminal charges. The seventh amendment extends the right to a jury trial in Federal civil cases, while the eighth amendment prohibits excessive bail and fines and cruel and unusual punishment.
The ninth amendment clarifies that the listing of specific rights in the Constitution does not deny citizens other rights not enumerated. The tenth amendment reinforces federalism by stating that the Federal Government only has the powers delegated to it in the Constitution.
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The Constitution is influenced by Supreme Court decisions
The United States Constitution establishes the Supreme Court and outlines the U.S. judicial system. Article III, Section I of the Constitution 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." The Constitution grants Congress the power to decide how to organize the Supreme Court, and Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court plays a crucial role in interpreting and applying the Constitution. One of its essential powers is judicial review, which allows the Court to examine federal legislation, executive actions, and state laws to determine their constitutionality. If a law or action is found to violate the Constitution, the Supreme Court can strike it down. This power of judicial review is not explicitly mentioned in the text of the Constitution but was established by the Supreme Court in the landmark case of Marbury v. Madison (1803).
The Supreme Court's decisions have a significant impact on how the Constitution is understood and applied. These decisions set precedents that guide future interpretations of the Constitution. For example, in Bush v. Gore, the Supreme Court's decision influenced the development of federalism as provided for in the Tenth Amendment. In City of Boerne v. Flores, the Court used the Constitution and its amendments to restrain Congress.
Additionally, the Supreme Court has played a vital role in recognising and protecting fundamental rights. For instance, in 1966, the Court interpreted Article I, Section 2 to recognise a federal right to vote in congressional elections. Along with the equal protection clause of the 14th Amendment, this right was used to ensure that each congressional district contained roughly the same number of people, giving equal weight to each person's vote.
The Supreme Court's discretionary jurisdiction means it is not obligated to hear every case brought before it. The Court typically accepts cases that have national significance, harmonise conflicting decisions in lower courts, or have precedential value. The Court's decisions shape the interpretation and application of the Constitution, influencing the understanding of civil rights, liberties, and the limits of governmental power.
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The Constitution is amended through a ratification process
The Constitution of the United States was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. Amending the Constitution is a difficult and time-consuming process, and it has only been amended 27 times since it was drafted in 1787. The first 10 amendments were adopted four years later as the Bill of Rights.
The authority to amend the Constitution comes from Article V of the Constitution. The process of amending the Constitution can begin in two ways. Firstly, an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Secondly, two-thirds of state legislatures can request Congress to call a Constitutional Convention, although this has never happened. The President does not have a constitutional role in the amendment process.
Once an amendment has been proposed, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory pro.
The proposed amendment is then sent to the Governors, who formally submit it to their State legislatures. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the Nation that the amendment process has been completed.
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