Isabella Carter
The US Constitution is underpinned by several principles, including popular sovereignty, federalism, separation of powers, the Bill of Rights, and the rule of law. The Constitution was written in 1787 to replace the Articles of Confederation and create a federal system with a national government composed of three separate powers, including reserved and concurrent powers of states. The Bill of Rights was added to the Constitution to limit government power and protect individual liberty. The first ten amendments safeguard freedoms like speech, religion, and the right to bear arms, while also ensuring protections such as due process and trial by jury. The US Constitution also advances the principle of separation of powers, with each branch of government framed so that its power checks the power of the other two branches.
| Characteristics | Values |
|---|---|
| Separation of powers | Each branch of government is framed so that its power checks the power of the other two branches; each branch of government is dependent on the people, who are the source of legitimate authority |
| Checks and balances | Each branch of government is subject to the checks of the other two, to prevent one branch from becoming abusive in performing its functions |
| Federalism | A federal system with a national government composed of three separated powers, and both reserved and concurrent powers of states |
| Popular sovereignty | The people are the primary control on the government |
| Rule of law | Laws are applied fairly to everyone |
| Non-delegation | Legislative powers are vested in Congress, not the President |
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What You'll Learn
The Bill of Rights
The first ten amendments in the Bill of Rights include:
- First Amendment: Congress shall make no law respecting an establishment of religion, prohibiting its free exercise, abridging the freedom of speech or the press, or infringing on the right of the people to assemble and petition the government.
- Second Amendment: The right of the people to keep and bear arms shall not be infringed, as a well-regulated militia is necessary for the security of a free state.
- Third Amendment: No soldier shall be quartered in any house without the owner's consent, except as prescribed by law in times of peace or war.
- Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and warrants shall only be issued with probable cause.
- Fifth Amendment: The accused in criminal prosecutions shall enjoy the right to a speedy and public trial by an impartial jury, to be informed of the nature and cause of the accusation, to confront witnesses, and to obtain witnesses in their favor, as well as the assistance of counsel for their defense.
- Sixth Amendment: In suits at common law, where the value in controversy exceeds twenty dollars, the right to a trial by jury shall be preserved.
- Seventh Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
- Eighth Amendment: The enumeration of certain rights in the Constitution shall not deny or disparage other rights retained by the people.
- Ninth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited to the states, are reserved for the states or the people.
- Tenth Amendment: The powers not specifically granted to the federal government by the Constitution are reserved for the states or the people.
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Separation of Powers
The US Constitution is underpinned by the principle of separation of powers, which divides the government into three branches: the legislative, executive, and judicial. This principle is derived from the text and structure of the Constitution and is intended to preserve individual liberty by preventing the concentration of power in a single entity, which could lead to arbitrary and oppressive government action.
The legislative power is vested in Congress, the executive power in the President, and the judicial power in the Supreme Court and lower courts created by Congress. Each branch has specified duties and is independent of the others, with no branch encroaching on the powers of another.
James Madison, in the Federalist Papers, explains and defends this system of checks and balances, where each branch's power is checked by the other two. This ensures that the government remains accountable to the people, who are the source of legitimate authority.
The Constitution's preamble sets the stage for this separation of powers, outlining the intentions of its framers and the purpose of the document. The framers' experience with the British monarchy informed their belief in the need for distributed powers, and their influence can be seen in the text and structure of the Constitution.
The Federalists, who advocated for a strong national government, believed that the people and states retained any powers not explicitly granted to the federal government. On the other hand, Anti-Federalists favoured power remaining with state and local governments and pushed for a bill of rights to safeguard individual liberty.
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Checks and Balances
The US Constitution was written in 1787 in Philadelphia, Pennsylvania, to replace the Articles of Confederation with a new form of government. The Constitution was added to and amended over the following years, with the Bill of Rights being added because the Constitution lacked limits on government power. The US Constitution advances the principle of separation of powers, with three branches of government: the legislature, the executive, and the judiciary.
James Madison, a central architect of liberty, composed the first drafts of the US Constitution with its progressive system of checks and balances. Madison explained and defended the checks and balances system in the Constitution in the Federalist Papers. Madison's idea was that each branch of government is framed so that its power checks the power of the other two branches. Each branch of government is also dependent on the people, who are the source of legitimate authority.
The system of checks and balances ensures that each branch of government is separate in its functions but also subject to the checks of the other two. This is to prevent one branch from becoming abusive in performing its functions and encroaching on the liberty of the people. The system of checks and balances also means that power must check power, and that bulwarks beyond mere parchment are needed to safeguard the people.
The non-delegation principle is an important aspect of the checks and balances system. Article I, Section 1 of the Constitution provides for the central role of Congress in a republican form of government, and states that "All legislative Powers herein granted shall be vested in a Congress of the United States". This means that Congress has the legislative power, and the President has the executive power to implement the law. However, in practice, the non-delegation principle has been enforced largely in the breach, with a significant transfer of power from Congress to executive agencies to make regulations.
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Popular Sovereignty
The concept of popular sovereignty played a significant role in the founding of the United States and is reflected in key documents such as the Declaration of Independence and the Constitution. The Declaration of Independence of 1776 recognises the equality of all men and asserts that governments derive their power from the consent of the governed. Similarly, the U.S. Constitution is often interpreted as a document that protects popular sovereignty, with the Tenth Amendment being a key element in this regard. The absence of a definitive originalist interpretation of the Tenth Amendment has led to debates about the distribution of powers between the federal government, the states, and the people, with some scholars arguing for a plain meaning interpretation that upholds popular sovereignty.
The American example of popular sovereignty has set a standard for democratic governments worldwide. Today, many democratic constitutions explicitly recognise popular sovereignty, such as the constitutions of the Czech Republic and Brazil, which state that all state power derives from the people. Even non-democratic constitutions, like that of the People's Republic of China, claim to be established in the name of the people, although the reality of power distribution may differ.
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Federalism
The Constitution grants the national government certain powers, such as declaring war, making treaties, and regulating interstate trade. At the same time, the Framers intended for the states to retain many of their powers under the Articles of Confederation. The Tenth Amendment further reinforces federalism by stating that any powers not delegated to the federal government are reserved for the states or the people.
The US Constitution was written in 1787 in Philadelphia by delegates from 12 states. It replaced the Articles of Confederation with a new form of government, creating a federal system with three separate powers and both reserved and concurrent powers of states. Federalists advocated for a strong national government, believing that the people and states retained any powers not given to the federal government. Anti-Federalists, on the other hand, wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty.
The Federalist Papers, written by James Madison, explain and defend the checks and balances system in the Constitution, which is a key feature of federalism. Madison altered the Constitution's text, and while some representatives objected, his changes were presented as amendments following Article VII. The House approved 17 amendments, of which the Senate approved 12, which became the Bill of Rights.
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Frequently asked questions
Popular sovereignty, federalism, separation of powers, the Bill of Rights, and the rule of law.
The preamble is an introduction to the highest law of the land. It communicates the intentions of the framers and the purpose of the document.
The framers agreed on the following principles: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity".
The principle of non-delegation states that legislative powers are vested in Congress and cannot be delegated to the Executive branch.
James Madison explains that the Constitution is designed so that each branch of the government checks the power of the other two, and each branch is dependent on the people as the source of legitimate authority.
