Eleanor Finch
The US Constitution, which came into force in 1789, is the nation's fundamental law, delineating the framework of the federal government and the separation of powers. The document, which consists of seven articles, was influenced by the contract theory of government, with John Locke's principle of consent of the governed a notable inspiration. The preamble, drafted in 1787, sets out the intentions of the framers, including the establishment of justice, domestic tranquility, and the security of individual liberties. The Constitution has served as a model for governance worldwide, influencing other constitutions with its principles of the rule of law, separation of powers, and recognition of individual rights.
| Characteristics | Values |
|---|---|
| Separation of powers | The federal government is divided into three branches: legislative, executive, and judicial |
| Republicanism | A form of government where power is shared between national and state governments |
| Federalism | A strong national government that enables state governments to address local issues |
| Consent of the governed | The power of the government originates with the people |
| Rule of law | The federal courts are an intermediate body between the people and their legislature |
| Individual rights | Citizens have basic rights, freedoms, and liberties guaranteed by the Bill of Rights |
| Judicial review | The courts interpret the Constitution and the laws passed by Congress |
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What You'll Learn
The US Constitution's seven principles
The US Constitution is a document that sets out the basic framework of the federal government and defines its powers. It is comprised of seven articles, the first three of which embody the doctrine of the separation of powers, dividing the government into three branches: the legislative, executive, and judicial.
The seven principles of the US Constitution are as follows:
- Popular Sovereignty: The people give the government its power, and the government exists to represent, protect, and serve the people. This principle is reflected in the opening phrase of the Preamble, which stresses that the government is made by the people.
- Republicanism: A system of government based on popular sovereignty, where power is shared between the national and state governments. Elected representatives are responsible to the citizens and must govern according to the law.
- Federalism: A constitutional government where power is divided between the states and the overarching federal government, with authority balanced between the two.
- Limited Government: The government only has the powers granted to it by the Constitution and can only conduct actions permitted by it.
- Separation of Powers: The federal government is divided into three branches: the legislative, consisting of Congress (the Senate and House of Representatives); the executive, consisting of the President and subordinate officers; and the judicial, consisting of the Supreme Court and other federal courts. Each branch has its own responsibilities and oversees the others.
- Checks and Balances: This principle ensures that no individual or group can abuse their power. Government leaders are not above the law, and their powers are limited by it.
- Protection of Individual Rights and Liberties: Citizens have basic rights, freedoms, and liberties guaranteed by the Bill of Rights, and no laws can be passed to take away those rights.
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Separation of powers
The US Constitution establishes three separate but equal branches of government: the legislative branch, the executive branch, and the judicial branch. This is known as the separation of powers, a well-known concept derived from the text and structure of the Constitution.
The legislative branch makes the law, the executive branch enforces the law, and the judicial branch interprets the law. The Framers structured the government in this way to prevent any one branch from becoming too powerful, and to create a system of checks and balances. This system ensures an interplay of power among the three branches, with each branch having certain powers that relate to the others.
The legislative branch is bicameral, consisting of the Senate and the House of Representatives. The executive branch consists of the President and subordinate officers, with executive power vested in the President, who also serves as the Commander-in-Chief of the Army and Navy. The judicial branch consists of the Supreme Court and other federal courts.
The separation of powers is a fundamental aspect of the US government, ensuring that power is balanced and that no one part of the government becomes dominant. Federal judges have described how healthy tensions among the branches have a stabilizing effect on democracy. The Supreme Court has, at times, embraced a functionalist approach to separation-of-powers issues, examining the core functions of each branch and permitting flexibility when these functions are not threatened.
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Individual rights and liberties
The US Constitution, written in 1787, is the highest law of the land and outlines the basic framework of the federal government. It is comprised of a preamble and seven articles, the first three of which embody the doctrine of the separation of powers. The US Constitution has been a notable model for governance worldwide, particularly through the 1970s.
The US Constitution guarantees individual rights and liberties, which are outlined in the Bill of Rights, the first ten amendments to the Constitution. James Madison wrote the amendments to limit government power and protect individual liberties. The Bill of Rights was influenced by the Virginia Declaration of Rights, the Magna Carta, the English Bill of Rights, and other documents.
The First Amendment protects the freedom of speech, religion, and the press. It also protects the right to assemble and petition the government. The Second Amendment protects the right to keep and bear arms, and the Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes.
The Fourth Amendment protects citizens from unreasonable search and seizure of their persons or private property without a warrant. The Fifth Amendment provides protections for those accused of crimes, including the right against self-incrimination and the right to due process of law. The Sixth Amendment provides additional protections for the accused, such as the right to a speedy and public trial by an impartial jury. The Seventh Amendment extends the right to a jury trial in Federal civil cases.
The Ninth Amendment states that the listing of specific rights in the Constitution does not deny or disparage other rights retained by the people. The Tenth Amendment limits the powers of the Federal Government to those delegated in the Constitution.
The US Constitution also provides basic rights to all individuals, regardless of immigration status. These rights include freedom of religion and expression, protection from discrimination, and due process of law.
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The rule of law
The United States Constitution is the nation's fundamental law, outlining the basic framework of the federal government and the rights and freedoms of its citizens. One of the key principles enshrined in the Constitution is the rule of law, which holds that all individuals and institutions, including government leaders, are accountable to the law. The rule of law ensures that government powers are limited and that citizens' rights are protected.
The US Constitution establishes a system of checks and balances, dividing the federal government into three branches: the legislative, the executive, and the judicial. Each branch has its own responsibilities and serves as a check on the power of the others, preventing any one branch from becoming too powerful and ensuring that laws are applied fairly and equally to everyone.
The legislative branch, consisting of the bicameral Congress (the Senate and the House of Representatives), is responsible for making laws. The executive branch, led by the President and their subordinate officers, enforces these laws. The judicial branch, headed by the Supreme Court, interprets the laws and the Constitution, ensuring that the government acts within its constitutional authority.
The independence of the judiciary is crucial to the rule of law. Alexander Hamilton, in Federalist No. 78, emphasised the role of the federal courts as "an intermediate body between the people and their legislature", ensuring that the people's representatives act within the authority granted by the Constitution. The courts interpret the Constitution's meaning and determine the legality of laws passed by Congress, upholding the rights and liberties outlined in documents such as the Bill of Rights.
The US Constitution's commitment to the rule of law has had a significant influence on governance worldwide. Its principles, including the separation of powers, recognition of individual rights, and the concept of federalism, have inspired and shaped the constitutions of other nations. The US Constitution's emphasis on the rule of law has thus played a pivotal role in shaping democratic governance and protecting the rights and freedoms of citizens both within the United States and beyond.
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The preamble
> "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
This Preamble communicates the core values of the American people and establishes the authority of the Constitution as the highest law of the land. It reflects the belief that power originates with the people, who can exercise that power through their elected representatives. The Preamble also highlights the importance of individual rights and liberties, which are protected by the Bill of Rights.
The framers of the Constitution wanted to create a strong national government while also enabling state governments to address local issues. They sought to prevent the tyranny they had experienced under the British monarchy and establish a system of checks and balances to prevent the abuse of power. The Preamble's reference to "a more perfect Union" reflects this desire for a balanced and effective system of government.
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