Constitutional Provisions: Exploring The Fundamentals Of Our Democracy

The US Constitution, beginning with the words We the People, is composed of the Preamble, seven articles, and 27 amendments. The seven articles make up the structural constitution, signed on September 17, 1787, and ratified on June 21, 1788. The first 10 amendments, ratified on December 15, 1791, are known as the Bill of Rights. The Constitution outlines the country's basic political institutions, with the main text vesting legislative powers in Congress, executive powers in the office of the presidency, and judicial power in federal courts. The Constitution also establishes the system of political parties, presidential nomination procedures, and the conduct of election campaigns. It defines the basic framework of the federal government, including the relations between the states and the privileges of state citizens.

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The right to vote

The original Constitution, enacted into law in the late 18th century, left it to the states to determine voter eligibility. The most common requirement for voter eligibility in the early years of the republic was that the prospective voter had to be a white male who owned property of a certain dollar value. Certain states and cities allowed free African Americans and women to vote, but these were few in number and scattered across the Northern states.

Over time, various constitutional amendments have been passed to expand voting rights. The 15th Amendment, ratified in 1870, gave African American men the right to vote, although many were still unable to exercise this right due to discriminatory practices such as literacy tests and poll taxes. The 19th Amendment, ratified in 1920, gave women the right to vote. The 24th Amendment, ratified in 1964, eliminated poll taxes, and the 26th Amendment, ratified in 1971, lowered the voting age to 18.

In addition to these amendments, federal laws such as the Civil Rights Acts, the Voting Rights Act, and the National Voter Registration Act have been passed to protect and expand voting rights. Despite these advancements, voting rights continue to be a contested issue, with variations in state laws and ongoing efforts to restrict voting access.

Presidential powers

The US Constitution outlines several presidential powers, including:

Commander-in-Chief

The President of the United States is the Commander-in-Chief of the Army, Navy, and militia of the United States. This power is exclusive to the President and is outlined in Clause 1 of Section 2 of Article II.

Treaties and Appointments

The President has the power to make treaties, but this requires the advice and consent of the Senate, with at least two-thirds of Senators concurring. This is outlined in Clause 2 of Section 2 of Article II. The President also has the power to nominate and appoint ambassadors, ministers, consuls, Supreme Court judges, and other officers of the United States, with the advice and consent of the Senate. However, Congress may vest the appointment of inferior officers in the President alone, in the courts of law, or in the heads of departments. Additionally, the President can fill vacancies during Senate recess by granting commissions that expire at the end of the next session.

Veto and Approval

The President has the power to approve or veto bills and resolutions passed by Congress. This is a significant power that allows the President to influence legislation.

Reprieves and Pardons

The President can grant reprieves and pardons for offences against the United States, except in cases of impeachment. This power is outlined in Section 2 of Article II.

Faithful Execution of Laws

The President has a duty to ensure that the laws of Congress are faithfully executed. This is known as the Take Care Clause and is a major source of presidential power, as it grants broad enforcement authority. However, it also serves as a limitation on power, as the President is bound to execute the laws, not disregard them.

Convening and Adjourning Congress

In extraordinary circumstances, the President can convene or adjourn one or both houses of Congress. This power is relevant when Congress cannot agree to adjourn.

Receiving Ambassadors

The President has the duty to receive ambassadors and other public ministers. This is outlined in Section 3 of Article II.

State of the Union

The President is required to provide Congress with information on the state of the union.

Compensation

The President receives compensation for their services, which cannot be increased or decreased during their time in office.

Succession

In the event of the President's removal, death, resignation, or inability to discharge the powers and duties of the office, the Vice President assumes the role.

State powers

The Tenth Amendment to the U.S. Constitution, ratified in 1791, is a key provision that reserves powers for the states. It 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." In other words, the states retain all powers not specifically granted to the federal government by the Constitution. This amendment was included to protect state power and prevent the federal government from overreaching.

The interpretation and application of the Tenth Amendment have been the subject of debate and legal challenges. For example, in Printz v. United States (1997), the issue was whether a federal law could compel state law enforcement officers to administer a federal statute, with the Court upholding the "anti-commandeering" principle. Similarly, in Gonzales v. Reich (2005), the Supreme Court affirmed the federal government's power to regulate homegrown marijuana, even in states that had legalised it, based on the Supremacy Clause in Article VI of the Constitution, which establishes federal law as supreme over state law.

The Ninth Amendment is also relevant to state powers, as it clarifies that the Bill of Rights does not enumerate all possible rights of the people, implying that states may possess certain rights and powers not explicitly listed in the Constitution. Additionally, the concept of "federalism" in the Constitution, though not explicitly mentioned, is crucial for understanding state powers. It ensures that most laws affecting citizens' liberties are made at the state level, including the regulation of economic activity and "social issues."

While states have significant powers, they also share administrative responsibilities with local and federal governments in many areas. For example, highways are typically divided into primary, secondary, and local levels, with maintenance responsibilities falling on different levels of government. States also have their own constitutions, which outline the separation of powers between the executive, legislative, and judicial branches, and provide a framework for local governments. State constitutions can be much more detailed than the U.S. Constitution, with provisions tailored to specific state needs and interests.

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The Supreme Court

Appellate jurisdiction means the Court has the authority to review the decisions of lower courts. The Supreme Court can exercise appellate jurisdiction over almost any case involving a point of constitutional or federal law. For example, the Court can hear cases to which the United States is a party, cases involving treaties, and cases involving public ministers. The Supreme Court usually only hears cases on appeal if the case could have national significance or might harmonize conflicting decisions in the federal Circuit courts.

If the Justices decide to accept a case, the petitioner has a certain amount of time to write a brief, not exceeding 50 pages, outlining their legal case. The respondent is then given the same amount of time to file their brief. After the initial petitions, both parties can file shorter briefs in response to the other party's position. The U.S. Government, represented by the Solicitor General, can also file a brief on behalf of the government if it is not directly involved in the case.

Amending the Constitution

The first method of amending the Constitution, and the only method used so far, requires a two-thirds majority vote in both the House of Representatives and the Senate to propose an amendment. The President does not have a constitutional role in this process. Once proposed, the amendment is sent to the states for their consideration. To become part of the Constitution, the amendment must be ratified by three-quarters of the state legislatures or by conventions in three-fourths of the states. This can be done through the state legislature or by a convention in the state. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process, although neither Article V of the Constitution nor the relevant legislation describes the ratification process in detail.

The second method, which has never been used, is for two-thirds of the state legislatures to apply to Congress to call a Constitutional Convention to propose amendments. The convention can propose amendments without Congress's approval, and these proposed amendments would then be sent to the states for ratification. As with the first method, three-quarters of the states would have to ratify the amendment for it to become part of the Constitution.

It is important to note that certain subjects are unamendable, as per the last two sentences of Article V. Additionally, the amendment process requires amendments to be supported by a consensus, preventing constitutional provisions that are strongly opposed by a substantial minority of the country from being enacted.

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