Malcolm Rivera
The US Constitution, signed on September 17, 1787, is the oldest and longest-standing written and codified national constitution in the world. It establishes the government of the United States and embodies the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. Federalism, a concept embodied in the Constitution, refers to the division and sharing of power between the national and state governments. While the federal government is responsible for foreign affairs, state governments retain a sphere of autonomy and exercise general police power.
| Characteristics | Values |
|---|---|
| Division of Power | Federalism refers to the division and sharing of power between the national and state governments. |
| Limited Federal Powers | The Framers of the Constitution sought to establish a unified national government with limited powers, while allowing state governments to retain a sphere of autonomy and general police power. |
| State Autonomy | States have the power to experiment with novel government programs and policies without affecting the rest of the country. They also have their own court systems and can exercise judicial review over federal actions. |
| Accountability | Federalism increases the accountability of elected officials to citizens by creating two distinct lines of political accountability: one between citizens and the federal government, and another between citizens and their respective states. |
| Legislative Branch | The Constitution establishes a bicameral Congress consisting of a Senate and House of Representatives, with representatives elected based on specific qualifications and living in the state they represent. |
| Executive Branch | The Constitution establishes the President and subordinate officers as the executive branch. |
| Judicial Branch | The Constitution establishes the Supreme Court and other federal courts, with the former having original jurisdiction in cases involving ambassadors, ministers, and consuls, as well as controversies between states or those subject to federal judicial power. |
| Amendment Process | The Constitution outlines a process for its amendment, with Articles IV, V, and VI describing the rights and responsibilities of state governments and their relationship to the federal government in this process. |
| Supremacy | The U.S. Constitution is the supreme law of the land, serving as the foundation for the federal system of government and outlining the shared powers between the federal and state governments. |
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What You'll Learn
Federalism and the sharing of power
Federalism, a basic concept embodied in the US Constitution, refers to the division and sharing of power between the national and state governments. The Constitution creates a federal system of government, establishing a unified national government with limited powers while maintaining a sphere of autonomy for state governments to exercise their powers.
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It serves as the supreme law of the land, outlining the basic framework of the federal government in its first three articles, which embody the doctrine of the separation of powers. The federal government is divided into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, comprising the President and subordinate officers (Article II); and the judicial, which includes the Supreme Court and other federal courts (Article III).
Articles IV, V, and VI of the Constitution delve into concepts of federalism, delineating the rights and responsibilities of state governments, their relationship with the federal government, and the shared process of constitutional amendment. The Constitution's framers intended to allocate power among state and federal governments, ensuring a balance between unified national governance and state-level autonomy.
Federalism has several implications. It allows individual states to experiment with novel government programs, increasing the accountability of elected officials to citizens. By denying any one government complete jurisdiction, federalism also protects individual liberty from arbitrary power. Furthermore, it establishes distinct lines of political accountability between citizens and the federal government and between citizens and the states.
In summary, federalism in the US Constitution establishes a system of shared power between the federal and state governments, fostering a unified yet decentralised form of governance that safeguards individual liberties and enhances democratic accountability.
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The US Constitution as supreme law
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It is the supreme law of the United States, creating a federal system of government in which power is shared between the federal government and the state governments.
The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the President and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III).
Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, their relationship to the federal government, and the shared process of constitutional amendment. Federalism, a basic concept embodied in the Constitution, refers to the division and sharing of power between the national and state governments. By allocating power among state and federal governments, the Framers sought to establish a unified national government of limited powers while maintaining a distinct sphere of autonomy for state governments to exercise a general police power.
The US Constitution establishes the procedure for the ratification of the Constitution by the 13 states, as well as the manner of election and the qualifications of members of Congress. It also outlines the original jurisdiction of the Supreme Court in cases involving ambassadors, ministers, and consuls, as well as in controversies subject to federal judicial power. While no part of the Constitution expressly authorizes judicial review, the courts have exercised this power over the actions of Congress and the executive branch, interpreting the Constitution among individuals, states, and federal branches.
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Separation of powers
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It establishes a federal system of government, which refers to the division and sharing of power between the national and state governments.
The first three articles of the Constitution embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial.
The legislative branch is made up of the bicameral Congress, consisting of the Senate and the House of Representatives. This branch is responsible for making laws, but requires presidential approval.
The executive branch is headed by the President and their subordinate officers. This branch is responsible for executing the laws passed by the legislative branch and has the power to veto legislation.
The judicial branch is led by the Supreme Court and other federal courts. This branch has the authority to review the constitutionality of laws passed by Congress and has original jurisdiction in cases involving ambassadors, ministers, and consuls, as well as controversies between states or between a state and the federal government.
The separation of powers is a core principle of the checks and balances system, designed to prevent autocratic rule and protect individual liberties. Each branch of the government can restrain the others, ensuring that no one branch dominates and allowing for a relatively narrow political spectrum near the center of public opinion.
The framers of the Constitution drew inspiration from earlier political theories, particularly those of Charles de Montesquieu, who wrote "Spirit of the Laws" in 1748. Over time, various Supreme Court rulings have reaffirmed and clarified the boundaries between the branches, preserving and strengthening the separation of powers.
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Federal and state court systems
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It is the supreme law of the land, creating a federal system of government in which power is shared between the federal government and the state governments. The Constitution embodies the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
The legislative branch consists of the bicameral Congress (the Senate and the House of Representatives), the executive branch is made up of the President and subordinate officers, and the judicial branch comprises the Supreme Court and other federal courts. The Constitution also outlines the rights and responsibilities of state governments and their relationship with the federal government.
Federalism, a basic concept embodied in the Constitution, refers to the division and sharing of power between the national and state governments. By allocating power in this way, the Framers intended to establish a unified national government with limited powers, while preserving a sphere of autonomy for state governments to exercise general police power. Federalism allows individual states to experiment with novel government programs and increases the accountability of elected officials to citizens.
The US Constitution establishes federal and state court systems, which differ in structure, judicial selection, and the types of cases they hear. The Supreme Court has original jurisdiction in cases involving ambassadors, ministers, and consuls, as well as controversies subject to federal judicial power due to the involvement of a state. Federal courts handle cases arising under US laws and treaties, international maritime law, and conflicting land grants between states. They also preside over cases between US citizens in different states or between US citizens and foreign states/citizens. Trials are held in the state where the crime was committed.
State court systems, on the other hand, handle a broader range of cases, including those related to state laws, local ordinances, and certain civil and criminal matters that fall under state jurisdiction. State courts generally have the first opportunity to interpret state constitutions and laws, and their decisions can be reviewed by the Supreme Court if they involve a federal question or an issue of federal law.
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Judicial review
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It is the supreme law of the United States, creating a federal system of government in which power is shared between the federal government and state governments.
The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the President and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III).
The Constitution's Articles IV, V, and VI embody concepts of federalism, describing the rights and responsibilities of state governments, their relationship to the federal government, and the shared process of constitutional amendment. Federalism, a basic concept embodied in the Constitution, refers to the division and sharing of power between the national and state governments. By allocating power among state and federal governments, the Framers sought to establish a unified national government with limited powers while maintaining a distinct sphere of autonomy for state governments to exercise general police power.
Critics of the Court object to self-restraint in judicial review, arguing that deference to acts of Congress and presidential actions creates an imbalance between the states and the federal government and compromises civil rights protections. However, judicial review has been used by Supreme Courts under subsequent chief justices to interpret the Constitution among individuals, states, and federal branches.
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Frequently asked questions
The US Constitution establishes the government of the United States. It was signed on September 17, 1787, and went into effect on March 4, 1789. It is the oldest and longest-standing written and codified national constitution in force in the world.
Federalism refers to the division and sharing of power between the national and state governments.
The US Constitution divides the federal government into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III).
The states have a distinct sphere of autonomy in which they can exercise a general police power and make laws for their citizens.
A proposal for an amendment must be adopted by two-thirds of both houses of Congress or by a national convention requested by two-thirds of the state legislatures. Once the proposal passes, Congress decides on the method of ratification. The proposed amendment becomes operative as soon as it is ratified by three-fourths of the States (38 out of 50).
