Malcolm Rivera
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789, and is often referred to as the words we live by. The Constitution was designed to protect an increasingly inclusive definition of citizen from their government and consists of a preamble and seven articles. The preamble, drafted in six weeks during the hot Philadelphia summer of 1787, sets the stage for the Constitution by clearly communicating the intentions of the framers and the purpose of the document. The seven articles that follow embody the doctrine of the separation of powers, dividing 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 includes several amendments, such as the Eighth Amendment, which protects people from excessive fines, bail, and cruel and unusual punishments, and the Thirteenth Amendment, which abolished slavery and involuntary servitude.
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What You'll Learn
- The US Constitution outlines the framework for the federal government
- It establishes the separation of powers into three branches
- It defines the rights and responsibilities of state governments
- It includes the Bill of Rights, which outlines citizens' rights
- It can be amended, with 150 proposed per Congress term
The US Constitution outlines the framework for the federal government
The US Constitution is the nation's fundamental law, outlining the framework for the federal government and serving as the foundation for the country's legal system. It is often referred to as a "living" document, as it can be amended to accommodate changes in the government while still preserving its core principles.
The Constitution is divided into three main parts: the Preamble, the seven Articles, and the Amendments. The Preamble, drafted in 1787, serves as an introduction, elucidating the document's purpose and the intentions of its framers. It sets forth five key objectives: establishing justice, ensuring domestic tranquility, providing for the common defence, promoting the general welfare, and securing the blessings of liberty for all Americans, now known as "We the People".
The seven Articles that comprise the second part of the Constitution delineate the structure of the government and how it functions. The first three articles establish the three branches of government and their respective powers: the Legislative Branch (Congress), the Executive Branch (Office of the President), and the Judicial Branch (Federal Court System). Each branch operates within a system of checks and balances to prevent any single branch from holding excessive power.
Articles IV through VII delineate the relationship between the states and the Federal Government, establishing the Constitution as the supreme law of the land, and outlining the processes for amendment and ratification. Article IV outlines the states' powers and their obligation to respect and enforce each other's laws, with Congress playing a role in overseeing this process. Article V details the amendment process, which requires substantial support from both the Senate and the House of Representatives, or a majority of state legislatures, before an amendment is submitted for a vote by state legislatures or conventions.
The third part of the Constitution, the Amendments, catalogues the changes made to the document. The first ten amendments are collectively known as the Bill of Rights, encompassing essential freedoms such as freedom of religion, speech, equal treatment, and due process of law. These rights are deeply ingrained in the American system of government, safeguarding the rights of minorities and ensuring equality before the law.
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It establishes the separation of powers into three branches
The US Constitution establishes a system of separation of powers, dividing the federal government into three distinct branches: the legislative, executive, and judicial. This structure is designed to prevent the concentration of power in a single individual or group and to protect against tyranny and abuse of power.
The legislative branch, consisting of Congress, is responsible for making laws. Congress is further divided into two houses: the Senate and the House of Representatives. This branch holds the power to declare war, raise and maintain armed forces, and prescribe laws and regulations.
The executive branch, led by the President, is tasked with enforcing the laws. The President is the head of state, Commander-in-Chief of the armed forces, and is supported by the Vice President and various executive departments. The President has the power to veto legislation passed by Congress and make executive appointments, subject to Senate confirmation.
The judicial branch, headed by the Supreme Court and other lower courts, interprets the laws and decides cases and controversies. The Supreme Court can review the actions of both the legislative and executive branches, determining their constitutionality. The judges are appointed by the President with the advice and consent of the Senate and hold office during good behaviour.
Each branch serves as a check and balance on the others, ensuring a system of shared powers and preventing any one branch from exerting dominance. This concept, influenced by political philosophers such as Baron Charles de Montesquieu, is integral to the constitutional design and provides a safeguard against arbitrary power.
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It defines the rights and responsibilities of state governments
The US Constitution is the nation's fundamental law, outlining the rights and responsibilities of state governments and codifying the core values of the American people. The Tenth Amendment, for instance, declares that "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 means that states retain all powers not explicitly granted to the federal government by the Constitution.
State governments have a range of responsibilities, including taking care of constituents' problems and "errand-running" for specific individuals. They also share responsibilities with the federal government, such as in the case of highways, which are administered across three levels of government: state, county, and local.
The US Constitution also outlines the role of the governor, who serves as the state's chief executive and is responsible for making appointments to state agencies and offices. The governor has the power to appoint individuals to specific posts in the executive branch and to fill vacancies caused by death or resignation. Additionally, like the US President, governors can veto state legislature bills, although these vetoes can be overridden by a two-thirds or three-fourths majority in the legislature.
State legislatures also play a crucial role in defining the rights and responsibilities of state governments. All states except Nebraska have a bicameral, or two-house, legislature. Each house has a presiding officer, with the Lieutenant Governor presiding over the Senate and the Speaker leading the House. These leaders are responsible for recognizing speakers in debates, referring bills to committees, and presiding over deliberations. The legislature determines the times, places, and manner of holding elections for senators and representatives within their state, although Congress can alter these regulations.
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It includes the Bill of Rights, which outlines citizens' rights
The US Constitution includes the Bill of Rights, which outlines citizens' rights and guards against government overreach. The Bill of Rights comprises the first ten amendments to the Constitution, with the original twelve amendments proposed by the First Congress of the United States in 1789. Ten of these amendments were ratified in 1791, while the eleventh became the 27th Amendment in 1992, and the twelfth remains pending.
The Bill of Rights was added to the Constitution to address concerns about limits on government power and to protect individual liberties. Federalists supported a strong national government, while Anti-Federalists, influenced by tracts such as "Hon. Mr. Gerry's Objections," advocated for a bill of rights to safeguard individual rights and prevent government overreach. James Madison, a member of the House of Representatives at the time, played a crucial role in drafting the amendments, drawing inspiration from various sources, including the English Magna Carta and state constitutions.
The first ten amendments in the Bill of Rights outline specific rights and freedoms for US citizens. The First Amendment protects freedom of speech, religion, and the press. The Second Amendment, which has been a source of controversy, provides the right to keep and bear arms. The Third Amendment prevents the government from forcing homeowners to accommodate soldiers in their homes. The Fourth Amendment safeguards citizens' privacy and protection from unreasonable searches and seizures, requiring warrants to be supported by probable cause. The Fifth Amendment offers several protections for the accused in criminal cases, including the right against self-incrimination, protection from double jeopardy, and the right to due process. The Sixth Amendment provides additional rights for the accused, such as the right to a speedy and public trial and an impartial jury.
The Ninth Amendment clarifies that the listing of specific rights in the Constitution does not deny or disparage other rights retained by the people. The Tenth Amendment emphasizes that powers not delegated to the federal government by the Constitution are reserved for the states or the people. These amendments reinforce the division of power between the federal government and the states, ensuring that individual liberties are protected and that the federal government's power is limited.
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It can be amended, with 150 proposed per Congress term
The US Constitution is a framework designed to last and, as such, the process of amending it is a difficult and time-consuming task. Article V of the Constitution outlines the authority to amend it and establishes two methods for proposing amendments.
The first method requires a two-thirds majority vote in both the House of Representatives and the Senate. This is the only method that has been used to propose amendments thus far. The second method, which has never been used, involves two-thirds of the state legislatures calling for a constitutional convention to propose amendments.
Once an amendment is proposed, it must be ratified by three-quarters of the state legislatures, or by conventions in three-quarters of the states. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.
The process of amending the Constitution is deliberately challenging, and as a result, the Constitution has only been amended 27 times since it was drafted in 1787. This ensures that any changes made are significant and have a major impact on the country and its citizens.
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Frequently asked questions
The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The Second Amendment states that "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
US election laws date back to Article 1 of the Constitution, which gave states the responsibility of overseeing federal elections. The 15th, 19th, 24th, and 26th Amendments also expanded voting rights by giving African American men, women, and 18-year-olds the right to vote, and eliminating poll taxes.
The US Constitution does not explicitly mention abortion. However, the Supreme Court's Roe v. Wade decision in 1973 legalised abortion nationwide, and subsequent decisions have upheld and restricted abortion rights.
The Second Amendment is often cited in debates about gun control, as it guarantees the right to keep and bear arms. However, the interpretation and application of this right are subject to ongoing legal and political debate.
