Eleanor Finch
The Constitution of the United States is the foundation of the federal government and is considered the supreme law of the land. It is a living document that can be amended and outlines three main functions: establishing a national government consisting of a legislative, executive, and judicial branch with a system of checks and balances; dividing power between the federal government and the states; and protecting the personal liberty of citizens from government intrusion. The Constitution's first three words, We the People, emphasise that the nation is ruled by the people and not a monarch or dictator. The document's preamble outlines its general goals, including creating a just government, ensuring peace, and providing for the common defence. The seven articles that follow describe the structure and operation of the government, with the first three articles establishing the three branches of government and their powers.
| Characteristics | Values |
|---|---|
| Separation of powers | Legislative, Executive, and Judicial branches |
| National government | Consisting of a legislative, an executive, and a judicial branch |
| System of checks and balances | Preventing any one of the three branches from becoming dominant |
| Division of power | Between the federal government and the states |
| Protection of individual liberties | Preventing government intrusion |
| Federal law | Supreme over state law |
| Amendment process | Different and more difficult than the process for making laws |
| Ratification process | Requires nine states to enact the Constitution |
| Structure of the government | Defines the basic framework of the federal government |
| Influence of European Enlightenment thinkers | Montesquieu, Locke, Edward Coke, and William Blackstone |
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What You'll Learn
Separation of powers
The Constitution of the United States is a "living" document that forms the foundation of the federal government. It establishes a national government consisting of three branches: the legislative, the executive, and the judiciary. The separation of powers between these branches is a key focus of the Constitution, aiming to prevent tyranny and protect individual liberty.
The legislative power is vested in Congress, which consists of the House of Representatives and the Senate. This branch is responsible for making laws. The executive power is held by the President, who can veto legislation passed by Congress. However, Congress can overrule presidential vetoes with a supermajority vote in both houses. The executive branch also includes the Vice President, who is elected alongside the President.
The judicial power is vested in the Supreme Court and any lower federal courts created by Congress. This branch interprets the laws and ensures that the other branches do not exceed their constitutional powers. The Framers of the Constitution sought to ensure that each branch of government would be separate and independent, exercising one of the three basic functions. This separation of powers is intended to prevent the concentration of power in a single entity, which could lead to arbitrary and oppressive government action.
The Constitution also provides a system of checks and balances between the three branches to maintain a workable government. While the branches are separate, they are also interdependent, with each having the ability to resist encroachments by the others. For example, Congress has the power to impeach and remove the President, while the President has the power to appoint federal judges.
The separation of powers in the US Constitution was influenced by earlier political philosophers such as John Locke and Montesquieu, who advocated for a distribution of powers to prevent the concentration of power in a single monarch or ruler. The Framers of the Constitution were also informed by their experience with the British monarchy and the desire to protect against tyranny and preserve individual liberty.
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Federalism
The US Constitution, which came into force in 1787, replaced the Articles of Confederation, which was essentially a treaty among sovereign states. The Constitution was ratified by the people in state conventions, giving the national government more power than it had under the Articles. The Framers of the Constitution intended to establish a unified national government with limited powers, while also maintaining a sphere of autonomy for state governments. This is known as ""Enumerated Powers Federalism", where the national government has limited and enumerated powers, and the states retain all other powers.
The Tenth Amendment of the US Constitution codifies this principle of federalism, stating that "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". This amendment has been interpreted by the Court as a limit on Congress's power, protecting state power by limiting the federal government's ability to act. The Supremacy Clause in Article VI of the Constitution also addresses federalism, establishing federal law as superior to state law.
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Protecting individual liberties
The Constitution of the United States is a "living" document that serves as the foundation of the federal government and the supreme law of the land. It outlines the basic framework of the government, establishes its structure, and defines its relationship with the states. The Constitution also protects individual liberties and prevents government intrusion on personal freedom.
The Constitution is comprised of a preamble and seven articles, with the first three articles establishing the three branches of government: the legislative, executive, and judicial branches. The legislative branch, or Congress, is responsible for making laws and is divided into two parts: the House of Representatives and the Senate. The executive branch is led by the President, who has the power to veto laws passed by Congress. The judicial branch is made up of the Supreme Court and other federal courts, with the Supreme Court being the highest court in the land. Federal judges are appointed for life and play a crucial role in interpreting and enforcing the laws.
The Constitution's system of checks and balances ensures that no single branch of government becomes too powerful. This system requires most important actions to involve more than one branch, creating a balance of power and preventing tyranny. The separation of powers among the three branches is a key principle that safeguards against the concentration of authority.
The Bill of Rights, consisting of the first ten amendments to the Constitution, contains most of the protections for individual rights. These amendments were adopted shortly after the Constitution's ratification and were initially interpreted to apply only to the federal government. However, following the Civil War, the Supreme Court ruled that the Fourteenth Amendment's due process clause extended most of these protections to the states as well.
The Constitution specifically prohibits ex post facto laws and bills of attainder. Ex post facto laws punish individuals for actions that were not illegal at the time they were performed, while bills of attainder target specific individuals or groups for punishment. These prohibitions are outlined in Article I, Sections 9 and 10, providing clear safeguards against arbitrary legal actions.
The Eighth Amendment, part of the Bill of Rights, also protects individuals from cruel and unusual punishments. This amendment has been invoked to challenge not only criminal sentences but also prison conditions, ensuring that inmates are treated humanely and with dignity. The Constitution, through its amendments and interpretations, continues to safeguard the liberties and rights of individuals, demonstrating its adaptability and enduring relevance.
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The amendment process
The United States Constitution is a "living" document that can be amended, although in over 200 years, there have only been 27 amendments. The Constitution is divided into three parts: the Preamble, the seven Articles, and the Amendments. The first ten amendments are called the Bill of Rights.
Once NARA's Office of the Federal Register (OFR) receives the joint resolution, it adds legislative history notes 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 and copies in slip law format. The governors then formally submit the amendment to their state legislatures or call for a convention, as specified by Congress. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is 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. Once three-fourths of the state legislatures or state conventions (38 out of 50 states) ratify an amendment, it becomes part of the Constitution. The OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid, and 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 is complete.
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The role of the Supreme Court
The Constitution of the United States is the foundation of the Federal Government and is considered the supreme law of the land. It is comprised of a preamble, seven articles, and amendments. The first three articles establish the three branches of government and their powers: the legislative branch (Congress), the executive branch (the office of the President), and the judicial branch (the Federal court system).
The Supreme Court plays a crucial role in maintaining a balance among the three branches of government. While it seeks to assert its independence and enforce its decrees, it also self-limits its passing on constitutional questions. The Court has the power to declare acts of Congress as unconstitutional, but it avoids positioning itself above the President or Congress. For example, while the Supreme Court has the authority to review and overturn federal laws and actions, it rarely strikes down federal laws in their entirety.
In addition to its role in interpreting the law, the Supreme Court also hears cases that involve significant constitutional issues, federal statutes, and conflicts between states. The Court's decisions can shape public policy and impact the lives of citizens. For example, the Supreme Court has ruled on issues such as the death penalty, prison conditions, and the rights of citizens under the Fourteenth Amendment.
Furthermore, the Supreme Court plays a vital role in safeguarding individual liberties and ensuring that the government does not infringe on the personal freedom of citizens. Through its interpretations of the Constitution and the Bill of Rights, the Court has expanded the protections afforded to individuals.
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