Omar Bennett
The foundation of power in a constitution is a complex topic, with many nuances and variations across different political systems. A constitution is a document that outlines the principles of a state, the procedures for making laws, and the distribution of power. It acts as a limiter of state power by establishing boundaries that rulers cannot cross, protecting the rights and liberties of citizens. Federalism, a key principle in the U.S. Constitution, is one such example of power distribution, where governing bodies share power to achieve mutual benefits while preserving the voices of majorities and minorities. The U.S. Constitution also grants Congress specific powers, such as the ability to lay and collect taxes, regulate commerce, and establish laws. The Constitution's provisions for limited government and the division of power between federal and state governments have been a source of political conflict and change. The interpretation and application of constitutional principles have evolved over time, influenced by factors like partisan differences and changing national needs.
| Characteristics | Values |
|---|---|
| Popular sovereignty | The first constitutional principle, necessitating that the people who charter the government |
| Federalism | Preserves and encourages the voices of both majorities and minorities, regardless of race, religion, or region, and unifies a vast, diverse republic |
| Separation of powers | The legislative, executive, and judicial functions of government are separated into branches |
| The Bill of Rights | Protecting civil rights through diffused government |
| Rule of law | Developing a legal and political tradition of strict adherence to constitutional provisions |
| Limited government | The Constitution provides for limited government, dividing power between the federal and state governments |
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What You'll Learn
Federalism and civil rights
Federalism in the United States refers to the constitutional division of power between the federal government and state governments. This division of power is a source of political conflict and change, with broadly worded constitutional clauses, partisan differences, and evolving national needs influencing federal policies.
The US Constitution grants Congress specific powers, including the power to tax, regulate commerce, establish uniform rules of naturalization and bankruptcy laws, punish counterfeiting, promote scientific progress and the arts, define and punish crimes on the high seas and against international law, and declare war. These enumerated powers provide a foundation for the federal government's authority.
Civil rights in the US have been expanded and protected through key policies and Supreme Court rulings. The 14th Amendment's Equal Protection Clause guarantees equal rights under the law, while the 1964 Civil Rights Act prohibits discrimination based on race, colour, religion, sex, or national origin. Affirmative action policies have also been implemented to promote equal opportunities for disadvantaged groups.
Supreme Court rulings have clarified and upheld civil liberties, including free speech and protection from unreasonable searches and seizures. These rulings shape the interpretation and application of constitutional rights, ensuring that civil rights are respected and enforced.
The intersection of federalism and civil rights is evident in the 2010 healthcare reform act, which provoked a constitutional dispute. The federal government's authority to regulate interstate commerce and its impact on individual rights, particularly in the context of healthcare, highlights the complex dynamics between federal power and civil liberties.
Additionally, the expansion of civil rights for disadvantaged groups, such as women, has been a focus of federal policies and legal rulings. The struggle for women's empowerment in the 20th century, as mentioned in the Radcliffe's Schlesinger Library collection, showcases how federalism can influence social change and the expansion of civil rights at the state and federal levels.
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Separation of powers
The foundation of power in the constitution is based on the principle of separation of powers, which divides governmental power among three branches: the legislature, the executive, and the judiciary. This principle, commonly referred to as a "tripartite system", is derived from the text and structure of the Constitution and is designed to prevent the concentration of power in a single entity, thus protecting against arbitrary and oppressive government action.
The legislative power is vested in Congress, which has the authority to make laws and perform functions such as laying and collecting taxes, regulating commerce, and providing for the common defence and general welfare of the nation. The executive power is vested in the President, who is responsible for executing the laws enacted by the legislature. The judiciary, consisting of the Supreme Court and lower courts created by Congress, has the power to interpret and apply the laws, ensuring their constitutionality.
The separation of powers doctrine seeks to maintain independence for each branch while promoting interdependence and sharing of power. The Framers of the Constitution incorporated checks and balances to prevent one branch from aggrandizing its power at the expense of another. For example, the President can veto legislation passed by Congress, but Congress can override the veto with a supermajority vote. Similarly, Congress has the power to impeach and remove the President, Vice President, and civil officers.
The idea of separating governmental powers can be traced back to the English Civil War, where parliamentarians viewed the English system of government as composed of three branches: the King, the House of Lords, and the House of Commons. The first document proposing a tripartite system of separation of powers was the Instrument of Government, written by English general John Lambert in 1653. This system included a legislative branch (the Parliament) and two executive branches (the English Council of State and the Lord Protector), with each branch having checks and balances on the others.
The separation of powers is a fundamental principle in the Constitution, designed to protect individual liberty and prevent tyranny by ensuring that no single branch or individual has excessive power.
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Popular sovereignty
The concept of popular sovereignty was infrequently used by early Americans. In expressing the fundamental concept of rule by the people, they described an ideal of how the people would exercise sovereignty in the US, and state officers and employees would be public servants. The founding of the United States and the framing of its Constitution heralded the idea of popular sovereignty as the standard by which popular government should be established and sustained. The American contribution was a clearer translation of these ideas into a formal structure of government. Many societies had experienced government as an inheritance—as monarchies or other expressions of power. The American Enlightenment marked a departure in the concept of popular sovereignty as it had been discussed and employed in the European historical context. American revolutionaries aimed to substitute the sovereignty in the person of King George III with a collective sovereign—composed of the people.
There are four ways that popular sovereignty is expressed in a democracy. First, the people are involved either directly or through their representatives in the making of a constitution. Second, the constitution made in the name of the people is ratified by a majority vote of the people or by representatives elected by the people. Third, the people are involved directly or indirectly in proposing and ratifying amendments to their constitution. Fourth, the people indicate support for their government when they vote in public elections, uphold the constitution and basic principles of their government, and work to influence public policy decisions and otherwise prompt their representatives in government to be accountable to them.
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The Bill of Rights
The foundation of power in the US Constitution is laid out in its opening words: "We the People". However, the original document did not give citizens much say in the election of their officials, and substantial barriers to voting still exist today. The Constitution was written in 1787 in Philadelphia, Pennsylvania, by delegates from 12 (or 13) states, to replace the Articles of Confederation with a new form of government. It created a federal system with a national government composed of three separated powers, and included both reserved and concurrent powers of states.
The Constitution did not initially include a bill of rights, which turned out to be an obstacle to its ratification by the states. Federalists advocated for a strong national government, while Anti-Federalists wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty. James Madison, then a member of the US House of Representatives, altered the Constitution's text where he thought appropriate, but several representatives objected, saying that Congress had no authority to change the wording of the Constitution. So, Madison's changes were presented as a list of amendments that would follow Article VII. The House approved 17 amendments, of which the Senate approved 12, which became the Bill of Rights.
The first ten amendments to the Constitution, which make up the Bill of Rights, safeguard freedoms like speech, religion, and the right to bear arms, while ensuring protections such as due process and trial by jury. The Ninth Amendment states: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people". The Tenth Amendment states: "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 concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), the Northwest Ordinance (1787), the English Bill of Rights (1689), and the Magna Carta (1215).
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The rule of law
The foundation of power in the US Constitution is based on the principle of federalism, which divides power between the federal and state governments. The Constitution is the supreme law of the land, providing for limited government and establishing the three basic branches of government. It outlines the rights and freedoms of citizens, including the right to equal treatment and due process of law.
The US Constitution guarantees certain rights and freedoms, such as freedom of religion, speech, and protection from unreasonable search and seizure. It also includes the Fifth Amendment, which states that no person shall "be deprived of life, liberty, or property, without due process of law." This amendment reinforces the concept of due process and equal protection under the law, ensuring that individuals' rights are protected.
The Fourteenth Amendment further adds that "No State shall [...] deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws." This amendment extends the guarantees of due process and equal protection to individuals within the jurisdiction of the states, ensuring that state laws and actions do not violate these fundamental rights.
The federal courts play a crucial role in upholding the Rule of Law. As noted by Alexander Hamilton in The Federalist #78, the federal courts serve as an "intermediate body between the people and their legislature." They are responsible for interpreting the Constitution and ensuring that the actions of the legislative branch do not exceed the authority granted to them by the Constitution. If a law passed by Congress conflicts with the Constitution, the Constitution takes precedence, as it represents the will of the people.
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Frequently asked questions
The foundation of power in a constitution is the principle of popular sovereignty, which holds that the people are the ultimate source of political power.
Federalism is a system of government in which power is shared between a central government and regional governments. In the US context, federalism refers to the division of power between the federal government and state governments. It is a foundational principle of the US Constitution, helping to preserve and encourage the voices of both majorities and minorities.
Constitutions define the principles upon which a state is based, the procedure for making laws, and who has the power to make them. They can also act as limiters of state power by establishing lines that rulers cannot cross, such as by guaranteeing fundamental rights.
The concept of government has evolved from a state of nature governed by natural laws to a state of society established by a social contract. This social contract brings underlying natural or social laws that form the foundation of formally established governments.
The US Constitution distributes power in several ways, including through its provisions for limited government and its protection of civil liberties, such as free speech and protection from unreasonable searches and seizures.
