Simone Lawson
The US Constitution is the oldest written national constitution still in use and is considered the supreme law of the United States of America. It outlines the basic rights of citizens and defines the principal organs of government and their jurisdictions. The Constitution has three main functions: it establishes a national government consisting of a legislative, an executive, and a judicial branch, divides power between the federal government and the states, and protects various individual liberties of American citizens.
| Characteristics | Values |
|---|---|
| Primary function | To create a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches |
| Separation of powers | The federal government is divided 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) |
| System of checks and balances | To avoid the tyranny of any one branch, most important actions require the participation of more than one branch of government |
| Division of power | Divides power between the federal government and the states |
| Protection of individual liberties | Protects various individual liberties of American citizens, including specific protections of individual liberty and justice and places restrictions on the powers of government within the U.S. states |
| Flexibility | The Constitution is flexible and allows for changes in the government |
| Amendments | The procedure for amending the Constitution is outlined in Article V. In over 200 years, there have been 27 amendments, with the majority of the 17 later amendments expanding individual civil rights protections |
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What You'll Learn
The US Constitution is the foundation of the federal government
The Constitution establishes the framework of the federal government, defining the principal organs of government, their jurisdictions, and the basic rights of citizens. It 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 Constitution also outlines the rights and responsibilities of state governments and their relationship to the federal government (Articles IV, V, and VI). It establishes a system of checks and balances among the three branches of government to ensure that no one branch has too much power.
The first ten amendments to the Constitution, known as the Bill of Rights, offer specific protections of individual liberty and justice and place restrictions on the powers of the government within the US states. The majority of the 17 later amendments expand individual civil rights protections.
The US Constitution has been an inspiration that has changed the trajectory of world history, influencing the constitutions of other nations and spreading democratic ideals worldwide.
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It establishes a system of checks and balances
The United States Constitution establishes a system of checks and balances that divides the federal government into three branches: the legislative, the executive, and the judicial. This system is designed to prevent any one branch from having too much power and to ensure that the government is controlled by a diverse group of people, rather than a single authority or group.
The legislative branch is responsible for making laws and is run by Congress, which consists of the House of Representatives and the Senate. The executive branch is headed by the President and carries out the laws created by the legislative branch. The judicial branch, consisting of the Supreme Court and other federal courts, interprets the laws and determines their constitutionality.
The system of checks and balances allows each branch to have a say in how laws are made and enforced. For example, the legislative branch proposes a bill, which is then voted on by Congress and sent to the executive branch. The President then decides whether to sign the bill into law. If the President vetoes the bill, the legislative branch can override the veto with a two-thirds majority vote.
The judicial branch also plays a crucial role in the checks and balances system. For instance, if a person believes that a law is unconstitutional, they can file a lawsuit, and the judicial branch will determine whether the law aligns with the Constitution. Additionally, the Supreme Court can declare a Congressional Statute unconstitutional, but its judgment relies on the cooperation of the executive branch and is subject to Congress's control over its jurisdiction.
The system of checks and balances in the US Constitution is designed to maintain equality among the branches of government and prevent tyranny by any one branch. It ensures that most important actions require the participation of multiple branches, allowing for a balanced distribution of power and protecting the rights of citizens.
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It defines the basic rights of citizens
The US Constitution, the oldest written national constitution still in use, defines the basic rights of citizens. The first ten amendments, known as the Bill of Rights, offer protections of individual liberty and justice and place restrictions on the powers of the government within US states. The majority of the 17 later amendments expand individual civil rights protections.
The Constitution also establishes a system of checks and balances to avoid the tyranny of any one branch of government. For example, Congress passes laws, but the President can veto them. The President appoints federal judges, but their appointment must be confirmed by the Senate. The Constitution also divides power between the national government and state governments, with the federal government consisting of a legislative, an executive, and a judicial branch.
The authors of the Constitution were heavily influenced by the country's experience under the Articles of Confederation, which had attempted to retain as much independence and sovereignty for the states as possible. The Articles deprived the national government of many essential powers, including direct taxation and the ability to regulate interstate commerce. The new Constitution aimed to remedy this problem while still maintaining the independence of the states.
The Constitution was the product of political compromise after long and often rancorous debates over issues such as states' rights, representation, and slavery. Some Southern delegates threatened to abandon the convention if their demands to keep slavery and the slave trade legal were not met. Eventually, the framers resolved their disputes through a proposal known as the Great Compromise, which created a bicameral legislature with a Senate, in which all states would be equally represented, and a House of Representatives, in which representation would be apportioned based on a state's free population plus three-fifths of its enslaved population.
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It protects individual liberty and justice
The US Constitution, the oldest written national constitution still in use, is a bold experiment in democracy that has proven stable and flexible enough to survive and remain effective in a world totally different from the one in which it was written. The Constitution's primary functions are to create a national government, divide power between the federal government and the states, and protect individual liberties and justice.
The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial. This system of checks and balances is designed to prevent the tyranny of any one branch.
The Constitution's protection of individual liberty and justice is ensured through the Bill of Rights, which comprises the first ten amendments. James Madison wrote these amendments to limit government power and protect individual liberties, such as freedom of speech, freedom of religion, and the right to privacy. The Fourth Amendment, for example, safeguards citizens' right to be free from unreasonable government intrusion in their homes by requiring a warrant.
The Bill of Rights also sets the foundation for civil liberties by outlining specific prohibitions on governmental authority. Civil liberties are fundamental freedoms guaranteed by the Constitution that protect individuals from government interference. Civil rights, on the other hand, guarantee equal treatment under the law and protect against discrimination based on characteristics like race, gender, or disability.
The Constitution's dedication to individual rights demonstrates a clear understanding of the need for legal barriers against governmental abuse, a principle that remains critical in today's legal system. The protections afforded by the Constitution have been further strengthened by subsequent amendments, with the majority of the 17 later amendments expanding individual civil rights protections.
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It outlines the process for constitutional amendments
The US Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the country's first constitution, on March 4, 1789. The Constitution outlines the process for constitutional amendments, which is derived from Article V of the Constitution.
The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, an amendment can be proposed by a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format.
When the OFR receives 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. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50 states).
The process for constitutional amendments outlined in the US Constitution ensures a deliberate and thoughtful approach to changing the nation's fundamental laws. It requires broad support for any proposed changes, with a supermajority of two-thirds in both the House and the Senate needed to propose an amendment. This process helps maintain stability and continuity in the country's legal framework while allowing for necessary changes to be made over time, as evidenced by the numerous amendments that have been added to the Constitution since its inception.
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Frequently asked questions
The US Constitution is the foundation of the Federal Government and the supreme law of the United States of America. It establishes a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches.
The three branches of the US government as per the Constitution are the legislative, the executive, and the judicial. The legislative power is vested in the bicameral Congress (the House of Representatives and the Senate), the executive power in the President, and the judicial power in the Supreme Court and other federal courts.
The system of checks and balances is designed to prevent any one branch of the government from becoming too powerful. Most important actions require the participation of more than one branch. For example, while Congress passes laws, the President can veto them.
The US Constitution also divides power between the federal government and the state governments, and protects the individual liberties of American citizens.
