Malcolm Rivera
The framers of the Constitution were tasked with revising the existing government but ended up creating a powerful central government. The framers were wary of centralized power and loyal to their states, representing wildly different interests and views. They sought to establish foundational principles that would sustain and guide the new nation into an uncertain future. The Constitution was designed to limit government and establish rules for each part of the government, with checks and balances among the three branches to ensure that no one part of the government could dominate the other.
| Characteristics | Values |
|---|---|
| Fair and balanced government | Freedom of speech, due process of law, free exercise of religion, equal protection of the laws, protection from cruel and unusual punishment |
| Protection of property rights | Protection of property rights, prevention of property redistribution |
| Limited government | Limited government, no enforcement powers, no power to regulate commerce or print money |
| Checks and balances | Separation of powers, no accumulation of powers, prevention of tyranny |
| Judicial independence | Judicial tenure, protection from salary diminution, establishment of a nationwide system of courts, Supreme Court |
| Compromise | The Great Compromise, Three-Fifths Compromise, compromise on congressional representation |
| Federalism | Federal government, state governments |
| Ratification | Ratification by 9 of 13 states, pro-Constitution majority in 6 of 13 states |
| Bill of Rights | Added in 1791, includes the Ninth and Tenth Amendments |
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What You'll Learn
The balance of power between federal and state governments
The framers of the US Constitution were concerned about balancing the power between federal and state governments. They wanted to create a fair and balanced government, but many Americans feared having a strong ruler after gaining independence from Great Britain. The Articles of Confederation, which served as the country's first constitution, gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, and the ability to print money. This led to disputes among the states over territory, war pensions, taxation, and trade, threatening to tear the young country apart.
The framers of the Constitution sought to address these issues by establishing a balance between federal and state powers. They included provisions prohibiting states from issuing currency or providing debt relief and giving Congress the power to quell tax rebellions. They also ensured that the president was selected by a body of electors chosen by the states, rather than by individual voters, to insulate Congress from populist pressures.
The Constitution provides for "checks and balances" among the three branches of government: legislative, executive, and judicial. The president can veto bills passed by Congress, but Congress can override the veto with a two-thirds majority. Additionally, Congress has the power to impeach the president in the event of a serious crime. The Constitution also establishes the Supreme Court as the highest court in the nation, with the power to decide what laws are constitutional or unconstitutional. The number of judges on the Supreme Court is decided by Congress, and justices are appointed by the president and approved by the Senate.
The Tenth Amendment, added to the Bill of Rights in 1791, further defined the balance of power between the federal and state governments. The framers of the Constitution recognized the need to establish foundational principles that would sustain and guide the new nation, and the document they created has endured as one of the longest-lived and most emulated constitutions in the world.
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The role of the president and how they are selected
The framers of the US Constitution were trying to balance the need for a stronger central government with the desire to protect states' rights and individual liberties. They aimed to create a government that was powerful enough to address the nation's challenges, but also wanted to prevent the concentration of power in a way that reminded them of the monarchy they had recently overthrown.
Regarding the role of the president and their selection, the framers of the Constitution specifically addressed the issue of populism by ensuring that the president was not chosen by popular vote. Instead, they established a system where the president would be selected by a body of electors chosen by the states, known as the Electoral College. This group of electors, or representatives, from each state, cast their votes to determine the president. The number of electors from each state is proportional to the state's population and its representation in Congress. There are a total of 538 electors, and a candidate needs to secure more than half of the votes (at least 270) to win the election.
The framers also gave the president specific powers and responsibilities, including the power to:
- Approve or veto bills and resolutions passed by Congress
- Serve as the Commander-in-Chief of the US military and militia when called to service
- Make treaties, with the advice and consent of Congress
- Nominate ambassadors and other officials, again with the advice and consent of Congress
- Grant reprieves and pardons for offenses, except in cases of impeachment
- Write checks through the Treasury Department, following appropriation laws
The framers wanted to ensure that the president had sufficient authority to govern effectively, but also included checks and balances to prevent the abuse of power. They gave Congress powers to limit the president's actions, such as the ability to quell tax rebellions and the power to approve treaties and nominations. Additionally, federal judges were granted tenure and protection from salary diminution to safeguard their political independence.
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The rights of citizens and how they are protected
The framers of the US Constitution were attempting to balance the need for a stronger federal government with the desire to protect individual liberties and the rights of states. They sought to address the challenges facing the nation at the time, while also establishing foundational principles that would guide the country into the future.
The rights of citizens are protected by the Constitution in several ways. Firstly, the Constitution sets forth broad principles that define fundamental freedoms, such as freedom of speech, due process of law, freedom of religion, equal protection of the laws, and protection from cruel and unusual punishment. These rights are protected by the judicial system, with the Supreme Court playing a crucial role in interpreting and enforcing them. For example, the Supreme Court has ruled that citizens have the right to burn the American flag as a form of symbolic speech, despite its offensive nature to some.
Additionally, the Constitution includes specific provisions that safeguard certain rights. For instance, Article I, Section 9 protects the right of habeas corpus, ensuring that prisoners have the right to challenge their imprisonment and receive a speedy trial before a civilian court. This section also outlaws "bills of attainder" and ex post facto laws, protecting citizens from being convicted without a jury trial or for actions that were not considered crimes at the time.
The Bill of Rights, which comprises the first ten amendments to the Constitution, is another crucial component of citizen rights protection. While the right to vote is not guaranteed by the Bill of Rights, it does protect civil liberties, allowing people to make their own life choices according to their conscience. The 13th, 14th, and 15th Amendments, enacted after the Civil War, are also significant in protecting the rights of citizens, particularly in outlawing slavery and guaranteeing equal protection of the laws regardless of race.
However, it is important to note that the protection of citizen rights has been a continuous struggle, with certain groups historically left out of the franchise, including women, racial minorities, and those without sufficient property. The interpretation and enforcement of constitutional rights have evolved over time, reflecting an ever-changing society. Federal disability rights laws, for instance, now provide protection for people with disabilities, addressing historical discrimination.
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The structure of Congress and its powers
The United States Congress is the legislative branch of the federal government of the United States. It is a bicameral legislature, including a lower body, the U.S. House of Representatives, and an upper body, the U.S. Senate. The House and Senate are equal partners in the legislative process – legislation cannot be enacted without the consent of both chambers. The Constitution grants each chamber some unique powers. The House of Representatives has 6 additional non-voting members. The vice president of the United States, as President of the Senate, has a vote in the Senate only when there is a tie. Congress convenes for a two-year term, commencing every other January. Elections are held every even-numbered year.
Article One of the Constitution creates and sets forth the structure and most of the powers of Congress. Sections One through Six describe how Congress is elected and gives each House the power to create its own structure. Section Seven lays out the process for creating laws, and Section Eight enumerates numerous powers. Section Nine is a list of powers Congress does not have, and Section Ten enumerates powers of the state, some of which may only be granted by Congress. Constitutional amendments have granted Congress additional powers. Congress also has implied powers derived from the Constitution's Necessary and Proper Clause.
The committee structure permits members of Congress to study a particular subject intensely. It is neither expected nor possible that a member be an expert on all subject areas before Congress. As time goes by, members develop expertise in particular subjects and their legal aspects. Committees investigate specialized subjects and advise the entire Congress about choices and trade-offs. The choice of specialty may be influenced by the member's constituency, important regional issues, prior background and experience. Senators often choose a different specialty from that of the other senator from their state to prevent overlap. Some committees specialize in running the business of other committees and exert a powerful influence over all legislation; for example, the House Ways and Means Committee has considerable influence over House affairs. Committees write legislation.
The framers of the Constitution wanted to limit the powers of state governments, which they believed were too responsive to public opinion through direct elections, annual elections, small legislative districts, and weak executives without veto power. They also wanted to insulate Congress from populist pressures. The Constitution gave Congress the power to quell tax rebellions and prohibited states from issuing currency or providing debt relief. The framers also considered how to shield the judiciary from populist influence. The Constitution authorized a nationwide system of courts to protect the interests of the federal government, particularly with regard to taxation and the enforcement of federal treaties.
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The role of the judiciary and its independence
The framers of the US Constitution were trying to balance the need for a stronger central government with the desire to protect states' rights and individual liberties. They aimed to create a system of checks and balances to prevent any one branch of government from becoming too powerful. One of the key aspects they considered was the role of the judiciary and its independence.
The framers understood the importance of an independent judiciary in ensuring fair and impartial justice. They established a nationwide system of courts, including the US Supreme Court, to protect the interests of the federal government and interpret the law. To safeguard the judiciary's independence, the framers provided federal judges with tenure "during good behaviour" and protected their salaries from diminution. This was intended to shield judges from populist influence and political pressure, allowing them to make decisions based solely on the facts and the law.
The Constitution grants the judiciary the authority to decide matters impartially and without any restrictions or improper influences. This includes deciding on issues of a judicial nature and determining whether an issue falls within its competence as defined by law. The judiciary plays a crucial role in safeguarding fundamental freedoms, such as freedom of speech, due process of law, and equal protection under the law.
Judicial independence is essential for maintaining public trust in the law and the government. It ensures that judicial proceedings are conducted fairly and that the rights of all parties are respected. It also promotes economic growth by providing stability and confidence for investors. In some countries, judicial independence is further strengthened by granting life tenure or long tenure to judges, allowing them to make rulings without fear of political repercussions.
However, there are also potential disadvantages to consider. Complete judicial independence could potentially lead to abuse of power by judges, as they are not immune to self-interest, ideological dedication, or corruption. Therefore, a balance must be struck between the independence of the judiciary and the executive branch, with a series of checks and counter-checks in place to ensure a well-functioning government.
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Frequently asked questions
The framers of the constitution were trying to balance the need for a central government with the wariness of concentrating too much power. They wanted to ensure that each branch of the government was balanced so that no one part could dominate the other.
The framers of the constitution were trying to address the states' disputes over territory, war pensions, taxation, and trade, which threatened to tear the young country apart. They also wanted to establish the foundational principles that would sustain and guide the new nation into an uncertain future.
The framers of the constitution wanted to uphold principles such as freedom of speech, due process of law, the free exercise of religion, equal protection of the laws, and protection from cruel and unusual punishment. They also wanted to ensure that the government was fair and balanced, with checks and balances in place to prevent tyranny.
