Jonah Patel
The United States Constitution, the oldest and longest-standing written and codified national constitution, has been criticised since its inception in 1787. The original document did not define who was eligible to vote, leaving this to the discretion of each state, and did not abolish slavery or give citizenship and voting rights to all. There have been 27 amendments to the Constitution, the first of which was the Bill of Rights, ratified in 1791. The Twentieth Amendment (1933) changed the date on which a new president, vice president, and Congress take office, and the Twenty-second Amendment (1951) limits an elected president to two terms in office. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial.
| Characteristics | Values |
|---|---|
| Date of signing | 17th September 1787 |
| Date of ratification | 21st June 1788 |
| Date of first Congress | 4th March 1789 |
| Date of first President's election | 1789 |
| Number of signers | 39 |
| Previous government | Articles of Confederation |
| Previous government's powers | Could make rules and request funds from the states |
| Previous government's limitations | No enforcement powers, couldn't regulate commerce, print money, or tax |
| Previous government's ratification process | Required unanimous approval from all 13 states |
| New government's ratification process | Ratification by 9 of the 13 states |
| New government's structure | Three branches: legislative, executive, and judicial |
| Legislative branch | Makes the laws |
| Executive branch | Executes the laws |
| Judicial branch | Interprets the laws |
| Amendments | 27, beginning with the Bill of Rights |
| Eligibility to vote | Not originally defined, left to the states to determine |
| Presidential term limit | Two terms or eight years |
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Voting rights
The Fourteenth Amendment, passed in 1868, granted citizenship to all natural-born or naturalized Americans, regardless of race. This amendment also ensured that states could not restrict the rights of citizenship, including voting. However, despite this amendment, Black voters were still turned away from state polling places. The Fifteenth Amendment, passed in 1870, explicitly prohibited restricting the right to vote based on race, colour, or previous condition of servitude. Despite this, many Black Americans were still unable to exercise their right to vote due to literacy tests and other barriers imposed by certain states.
The Nineteenth Amendment, ratified in 1920, extended voting rights to women. This followed a sustained campaign led by women, beginning in 1848 with powerful calls for women's suffrage at a convention in Seneca Falls, New York.
The Twenty-fourth Amendment, ratified in 1964, eliminated poll taxes, which had been used to prevent low-income citizens and African Americans from voting. The Twenty-sixth Amendment, ratified in 1971, lowered the voting age to 18 for all elections, ensuring that the right to vote for citizens 18 years of age or older could not be denied or abridged by the state.
In addition to these amendments, other federal laws have been enacted to protect voting rights. The Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group. This Act also required certain places to provide election materials in languages other than English and placed limits on states with a history of voter discrimination. The National Voter Registration Act of 1993 also created new ways for citizens to register to vote.
While these amendments and federal laws have expanded voting rights and protected citizens from discrimination, the absence of a specific federal law or constitutional provision leaves each state with considerable discretion to establish qualifications for suffrage. This has resulted in variability in voting rights across states, with some states requiring voter ID and others prohibiting convicted felons from voting, even after they have served their sentences.
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Separation of powers
The United States Constitution divides the federal government's powers between three separate branches: the legislative, executive, and judicial branches. This structure was designed to prevent tyranny by a single branch, create an effective government, and protect the liberty of US citizens.
The legislative branch, also known as Congress, is responsible for making laws and consists of two chambers: the Senate and the House of Representatives. The executive branch, led by the President, Vice President, and their advisors, enforces the laws. The judicial branch, which includes the Supreme Court and other lower courts, interprets the laws and determines their constitutionality.
The separation of powers doctrine is accompanied by a system of checks and balances, where each branch has the authority to limit the powers of the other two. For example, Congress can veto laws passed by the President, and the President can nominate Supreme Court justices. This system ensures that no single branch has absolute power and helps maintain a balance of power between the branches.
The concept of separation of powers originated from the writings of Charles de Secondat, Baron de Montesquieu, who advocated for a constitutional government with three distinct branches, each with defined authority to check the powers of the others. This philosophy heavily influenced the Founding Fathers, including Alexander Hamilton and James Madison, who participated in drafting the US Constitution.
While the separation of powers is a fundamental principle in the US Constitution, some states in the 18th century did not strictly adhere to it. For example, in New Jersey, the governor also served as a member of the state's highest court and the presiding officer of one house of the legislature. However, many southern states, including Maryland, Virginia, North Carolina, and Georgia, explicitly required the separation of powers, keeping the branches of government "separate and distinct."
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Federalism
The US Constitution replaced the Articles of Confederation, which was essentially a treaty among sovereign states. The new Constitution was ratified by the people in state conventions, rather than by state legislatures, and it provided the national government with powers that it lacked under the Articles. The Founders also ensured that the states retained substantial powers over their citizens.
The division of power between the federal and state governments is sometimes referred to as "dual federalism" or "layer-cake federalism". This division of power is intended to prevent the federal government from exercising powers not granted to it and to ensure that the states can fully exercise their reserved powers. The Tenth Amendment defines the balance of power between the federal government and the states, stating that any powers not delegated to the federal government are reserved for the states or the people.
The Supreme Court has played a significant role in interpreting and shaping federalism through landmark cases such as McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824). These cases illustrate dual federalism in action, with the Court defining the boundaries of federal and state power.
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Presidential term limits
The Twenty-second Amendment to the United States Constitution, ratified in 1951, limits the number of times a person can be elected to the office of President to two terms. This amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president, but the debate surrounding presidential term limits has a much longer history.
During the debates surrounding the Constitution's ratification, there were differing opinions on how long a president should serve. Alexander Hamilton and James Madison envisioned a president who would be nominated by Congress to serve for life, but this raised concerns about the creation of an "elective monarchy". The Framers ultimately approved four-year terms with no restriction on the number of terms a person could serve.
The first President of the United States, George Washington, voluntarily stepped down after two terms, establishing an unofficial tradition for future presidents. For 150 years, this precedent was largely adhered to, with only Franklin D. Roosevelt serving more than two terms. Roosevelt was elected to four terms from 1932 to 1944, a period marked by the Great Depression and the Second World War.
In 1947, two years after Roosevelt's death, the House of Representatives proposed Joint Resolution 27, calling for a limit of two four-year terms for all future presidents. This proposal was approved by Congress and sent to the states for ratification, a process that was completed in 1951. Since then, all subsequent presidents have served for no longer than two elected terms.
While the Twenty-second Amendment sets a clear limit on the number of terms a president can serve, it is important to note that it only prohibits the reelection of a president who has already been elected twice. Additionally, the amendment does not address the eligibility of a former two-term president to hold other offices or serve in other capacities.
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Ratification
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It was written and signed in 1787 and ratified in 1788. The US Constitution is the fundamental framework of America's system of government.
The US Constitution separates the powers of the federal government into three branches: the legislative, executive, and judicial. The legislative branch (outlined in Article I) or Congress makes the laws; the executive branch (Article II) or the Presidency executes the laws; and the judicial branch (Article III) or the federal judiciary (headed by the Supreme Court) interprets the law.
Article VII of the Constitution established the process for ratification, stating: "The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same." This meant that ratification by 9 of the 13 states enacted the new government. On June 21, 1788, New Hampshire became the ninth state to ratify, after Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, and South Carolina. The Confederation Congress established March 4, 1789, as the date to begin operating under the new government.
The US Constitution has faced various criticisms since its inception. For example, it did not originally define who was eligible to vote, allowing each state to determine eligibility. In the early history of the US, most states allowed only white male adult property owners to vote. The Constitution has also been criticised for not abolishing slavery or giving citizenship and voting rights to African Americans until the Reconstruction Amendments were adopted between 1865 and 1870.
The Twentieth Amendment (1933) changed the date on which a new president, vice president, and Congress take office, shortening the time between Election Day and the beginning of their terms. The Twenty-second Amendment (1951) limits an elected president to two terms in office, for a total of eight years.
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Frequently asked questions
The old constitution, or the Articles of Confederation, created a weak central government that preserved state power and independence. The new constitution, on the other hand, establishes a federal government with three branches: the legislative, executive, and judicial.
The legislative branch (Article I) or Congress makes the laws, the executive branch (Article II) or the Presidency executes the laws, and the judicial branch (Article III) or the federal judiciary interprets the laws.
The new constitution also includes a bill of rights, which outlines the rights of the people and limitations of the government. It also establishes a process for ratification and provides for matters such as admitting new states. Additionally, it limits the president to two terms in office and shortens the time between Election Day and the beginning of the presidential term.
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