Simone Lawson
The Constitution of the United States is the supreme law of the land. It is comprised of seven articles and the original document is only four pages long. The Founding Fathers intended for Congress to be the most powerful and most dangerous branch of government, and so Article I is the longest part of the Constitution. It establishes the national government's legislative branch, Congress, which is responsible for making the laws. The framers of the Constitution also created a system of checks and balances and separation of powers, dividing the national government into three branches, each with different responsibilities and powers to restrict the actions of the others.
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Separation of Powers
The US Constitution establishes three separate but equal branches of government: the legislative, executive, and judicial branches. This doctrine of separation of powers is one of the Constitution's strongest elements, providing a system of checks and balances to prevent any one branch from becoming too powerful and thereby preserving individual liberty.
The legislative branch makes the law, the executive branch enforces the law, and the judicial branch interprets the law. Each branch has its own authority, but also depends on the authority of the other branches for the government to function. The Framers of the Constitution sought to ensure that each of the three basic functions of government was exercised by a separate and independent branch of the Federal Government.
The Legislative Vesting Clause, along with the Executive and Judicial Vesting Clauses, delineate the powers the Framers accorded to the National Government’s three branches. The Legislative Power of the Federal Government is vested in Congress, which consists of a Senate and House of Representatives. The Executive Power is vested in the President, and the Judicial Power in the Supreme Court and any lower courts created by Congress.
The Framers' separation of power was not rigid, but incorporated a system of checks and balances whereby one branch could check the powers assigned to another. For example, the Constitution allows the President to veto legislation, but requires the President to gain the Senate’s consent to appoint executive officers and judges or enter into treaties. Similarly, the Supreme Court has ruled that Congress may not encroach upon the President’s power by exercising an effective veto over the President’s removal of an Executive officer.
The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke.
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Checks and Balances
The US Constitution was influenced by the study of the Magna Carta and other ancient and extant federations. The Due Process Clause of the Constitution was based on common law and the Magna Carta, which became the foundation of English liberty against arbitrary power. The idea of Separation of Powers in the Constitution was inspired by 18th-century Enlightenment philosophers such as Montesquieu and John Locke.
The US Constitution divides the government into three branches: the legislative, the executive, and the judiciary. This division of powers is a system of checks and balances designed to ensure that no one branch has too much power.
The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The legislative branch can, however, override the veto with enough votes. The executive branch can declare Executive Orders, which have the force of law, but the judicial branch can declare those acts unconstitutional. The judicial branch interprets laws, but the President nominates Supreme Court justices, court of appeals judges, and district court judges who make the evaluations. The legislative branch has the power to approve Presidential nominations, control the budget, and impeach the President and remove them from office.
The courts are assured independence from the political branches through good-behaviour tenure and security of compensation. Through judicial review, the courts check the other two branches. The impeachment power gives Congress the authority to root out corruption and abuse of power in the other two branches.
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Judicial Review
The idea of judicial review is fundamental to the U.S. system of government, where it is considered a key check on the powers of the other two branches of government by the judiciary. The power to declare laws unconstitutional has been deemed an implied power, derived from Article III and Article VI of the U.S. Constitution. Judicial review of the government was established in the landmark decision of Marbury v. Madison, the first Supreme Court decision to strike down an act of Congress as unconstitutional, with the famous line from Chief Justice John Marshall: "It is emphatically the duty of the Judicial Department to say what the law is".
While the text of the U.S. Constitution does not contain a specific provision for the power of judicial review, its success rested ultimately on the Supreme Court’s own ruling, plus the absence of an effective political challenge. The U.S. Constitution was greatly influenced by the study of the Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution was partly based on common law and on the Magna Carta, which became a foundation of English liberty against arbitrary power. The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke.
After World War II, many countries felt strong pressure to adopt judicial review, a result of the influence of U.S. constitutional ideas—particularly the idea that a system of constitutional checks and balances is an essential element of democratic government. By the early 21st century, more than 100 countries had specifically incorporated judicial review into their constitutions.
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Federalism
At its core, federalism divides the governance process in the United States between the federal and state governments. The federal government is generally in charge of matters that affect the country as a whole, such as foreign policy and national defence. The state governments handle issues of local concern, such as education and local law enforcement. Both the federal and state governments share some responsibilities, such as levying taxes.
The Framers of the Constitution created a power structure that established the Constitution of the United States as supreme over both the national and state governments. The Constitution sets out all of the federal government's powers, and any powers not given to the federal government are reserved for the states. This system of federalism succeeded in creating a strong federal government while also allowing the states to retain some authority and govern themselves. The federal government does not have unlimited authority or power over the states, and the states can "check" the national government if it violates its enumerated powers.
The police powers granted to the states allow them the flexibility to implement policies and laws based on their particular needs and circumstances. This diversity of policy reflects the democratic diversity of the nation and allows citizens to hold their local governments accountable for their actions or inaction in response to emergencies, such as the COVID-19 pandemic.
The Tenth Amendment to the Constitution, which states 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, has been used by the Supreme Court to invalidate federal statutes and limit congressional power. Additionally, the Supremacy Clause in Article VI of the Constitution establishes federal law as superior to state law, and every governmental action must be constitutional.
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The Preamble
- "To form a more perfect Union": This refers to the intention to create a strong and unified nation out of the formerly separate colonies, establishing a federal system with a balance of power between the states and the central government.
- "Establish Justice": This reflects the goal of creating a fair and impartial system of laws and courts to ensure justice for all citizens.
- "Insure domestic Tranquility": This objective emphasizes the desire to maintain peace and order within the nation, promoting stability and harmony among the people.
- "Provide for the common defence": This highlights the commitment to protect the nation from external threats and ensure the safety and security of its citizens.
- "Promote the general Welfare": This indicates that the government should work for the benefit and well-being of all citizens, improving their overall quality of life.
- "Secure the Blessings of Liberty to ourselves and our Posterity": This final objective underscores the importance of protecting the freedoms and rights of current and future generations, ensuring that the liberties enshrined in the Constitution are preserved for posterity.
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Frequently asked questions
The US Constitution is the supreme law of the United States of America. The strongest part of the Constitution is the system of checks and balances, which prevents any one branch of the government from becoming too powerful.
The US Constitution divides the national government into three branches: the legislative, the executive, and the federal judiciary. Each branch has the power to restrict the actions of the others, requiring them to work together. For example, Congress can pass laws, but the President can veto them. If both houses of Congress pass a bill with a two-thirds majority, it becomes law even without the President's signature.
The legislative branch is made up of Congress, which is responsible for making the laws. Congress consists of the House of Representatives and the Senate.
The executive branch is made up of the President and the Vice President, who are responsible for enforcing the laws.
