Malcolm Rivera
The US Constitution is a framework for the US government, composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights, inspired by the English Bill of Rights (1689) and English common law. The Constitution establishes the separation of powers and the supremacy of federal laws and treaties over state laws. It outlines the process for electing the President and Vice President, and sets the minimum age and citizenship requirements for holding office. The document also emphasises the need for a balanced distribution of authority among the branches of government to prevent tyranny.
| Characteristics | Values |
|---|---|
| Inspired by | English law, literature of republicanism in the United States, and the works of European Enlightenment thinkers |
| Influenced by | Political philosophers such as Blackstone, Hume, Locke, and Montesquieu |
| Emphasizes | Need for balanced forces to prevent tyranny and separation of powers |
| Purpose | To form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote general welfare, and secure liberty |
| Powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| Requirements for Representatives | Must be at least 25 years old, a citizen of the United States for at least 7 years, and an inhabitant of the state they represent |
| Congress Meetings | At least once a year, on the first Monday in December, unless a different day is appointed by law |
| Congress Rules | Each house determines its own rules, can punish members for disorderly behavior, and expel a member with a two-thirds concurrence |
| Congress Journal | Each house keeps a journal of its proceedings, which may be published in part or in whole, and records the yeas and nays of members upon request |
| Federal Supremacy | The Constitution and federal laws and treaties take precedence over state laws and constitutions |
| No Religious Test | No religious test shall be required for any public office or trust under the United States |
| Eligibility for President | Natural-born citizen or a citizen at the time of the Constitution's adoption, and at least 35 years old |
| Eligibility for Vice President | The person with the second-most votes for President |
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What You'll Learn
The Constitution's preamble and its purpose
The Preamble to the United States Constitution is an introductory statement that outlines the fundamental purposes and guiding principles of the Constitution. Beginning with the words "We the People", it communicates the intentions of the framers and sets the stage for the rest of the document. It is not a law itself, but it provides context and direction for the laws that follow.
The Preamble was written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention held in Philadelphia. It was placed in the Constitution during the final days of the Convention by the Committee on Style, which wrote its final draft. The Preamble's wording represents a shift from earlier documents, which referred to the people of the various states rather than the people of the United States as a whole.
The Preamble sets out five key objectives: to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, and promote the general Welfare. These objectives reflect the Founding Fathers' desires to create a strong and unified nation, with a fair and just legal system, and to protect the well-being of its citizens.
While the Preamble has not been used as a decisive factor in case law, courts have referred to it as evidence of the framers' intentions and the "spirit" of the Constitution. It serves as a reminder that the Constitution is a living document that must be interpreted in light of changing circumstances, ensuring that the laws of the nation are applied fairly to all its citizens.
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The Constitution's historical context and influences
The US Constitution was authored by the Continental Congress and the Constitutional Convention as a framework for the US government. It is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The preamble, drafted in 1787, sets the stage for the Constitution, communicating the intentions of its framers and the purpose of the document. It is not the law, but it does establish justice, ensure domestic tranquility, provide for the common defence, promote general welfare, and secure liberty for all Americans.
The Constitution was influenced by the political philosophies of the time, with Blackstone, Hume, Locke, and Montesquieu being among the most frequently referred sources. Montesquieu, in particular, emphasised the need for a separation of powers, including legislative, executive, and judicial, to prevent tyranny and ensure the even distribution of authority. The English Bill of Rights of 1689 also inspired the American Bill of Rights, with both documents requiring jury trials, protecting the right to keep and bear arms, prohibiting excessive bail, and forbidding cruel and unusual punishments.
The ideas of unalienable rights, the separation of powers, and the structure of the Constitution were also influenced by European Enlightenment thinkers, including Montesquieu, John Locke, and others. Benjamin Franklin and Thomas Jefferson, however, had reservations about the existing forms of government in Europe. Franklin, for example, embraced the idea that high-ranking public officials should receive no salary, a notion also supported by Hume.
The Constitution also drew heavily upon the Magna Carta and the later writings of "Enlightenment rationalism" and English common law. The rights guaranteed by the Federal Bill of Rights were also recognised as being inspired by English law. The structure and content of the Constitution were influenced by a substantial body of thought developed from the literature of republicanism in the United States, often demonstrated in the works of John Adams, who frequently quoted Blackstone and Montesquieu.
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The role of Congress
The U.S. Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The Preamble sets the stage for the Constitution and communicates the intentions of its framers and the purpose of the document. It is not the law, but it does establish justice as the first of five objectives.
The Constitution outlines the role of Congress, which consists of a Senate and a House of Representatives. Congress is responsible for making and disposing of all needful rules and regulations regarding the territory and property of the United States. It is also tasked with guaranteeing a Republican form of government to every state in the Union and protecting them against invasion and domestic violence.
Congress has the power to determine the time of choosing the Electors and the day on which they vote for the President. The House of Representatives is composed of members chosen every second year by the people of the several states, with each state having a set of qualifications for its Electors. To be a Representative, one must be at least 25 years old, a citizen of the United States for at least seven years, and an inhabitant of the state in which they are chosen.
Congress is required to assemble at least once a year, with the default meeting date being the first Monday in December. Each House can determine its own rules, punish its members for disorderly behaviour, and expel a member with a two-thirds concurrence. Additionally, each House keeps a journal of its proceedings, which may be published in part or in full, depending on the sensitivity of the information.
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The role of the President
The President of the United States holds the executive power and is elected for a term of four years. The President, together with the Vice President, is chosen by electors appointed by each state. These electors meet in their respective states and vote by ballot for two persons, one of whom must not be from the same state. The person with the highest number of votes becomes the President, and the runner-up becomes the Vice President. In the case of a tie for the second-highest number of votes, the Vice President is chosen by ballot in the Senate.
No person except a natural-born citizen or a citizen of the United States at the time of the Constitution's adoption is eligible to become President. Additionally, one must be at least thirty-five years old to hold the office. Before assuming the presidency, the President-elect must take an oath to "preserve, protect and defend the Constitution of the United States."
The President serves as the commander-in-chief of the Army, Navy, and militia of the United States. They have the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. The President also has the authority, with the Senate's advice and consent, to make treaties, appoint ambassadors, ministers, consuls, Supreme Court judges, and other officers of the United States. However, Congress may vest the power to appoint inferior officers solely in the President, the courts, or department heads.
The President can be removed from office through impeachment and conviction of treason, bribery, or other high crimes and misdemeanors.
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The Constitution's impact on everyday life
The US Constitution is composed of the Preamble, seven articles, and 27 amendments. The Preamble, drafted in 1787, sets the stage for the Constitution and communicates the intentions of its framers and the purpose of the document. The first of its five objectives is to "establish Justice". The Constitution forms the framework for the US government and has a profound impact on the everyday lives of Americans.
The Constitution guarantees certain rights to American citizens, inspired by English law and the literature of republicanism in the United States. The Federal Bill of Rights, for example, protects liberties such as the right to keep and bear arms, prohibits excessive bail, and forbids cruel and unusual punishments. The Constitution also establishes the structure of the US government, outlining the powers and responsibilities of the Congress, the President, and the Vice President.
Article VI of the Constitution establishes the supremacy of federal law over state law, ensuring that national laws and policies are consistently applied across the country. It also requires federal and state legislators, officers, and judges to take an oath to support the Constitution. This article also includes a provision stating that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States", ensuring religious freedom and equality for all Americans.
The Constitution also outlines the role of Congress in maintaining law and order, protecting the country, and promoting the general welfare of the people. Congress is required to assemble at least once a year and each house is responsible for keeping a record of its proceedings, maintaining transparency and accountability in the legislative process. The Constitution also empowers Congress to make rules and regulations respecting the territory and property of the United States, ensuring efficient management of national resources.
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