Jonah Patel
The United States Constitution was founded on several key principles, including the rule of law, separation of powers, and recognition of individual rights. The preamble, which sets out the intentions of the framers and the purpose of the document, communicates these principles clearly. The Constitution was also influenced by the political concepts and ideas of the Iroquois Confederacy, as well as the contract theory of government proposed by British political philosopher John Locke, which advanced the principle of consent of the governed. The Constitution was signed on September 17, 1787, and has since served as a notable model for governance worldwide.
| Characteristics | Values |
|---|---|
| Rule of law | N/A |
| Separation of powers | N/A |
| Recognition of individual rights | Life, Liberty, and the Pursuit of One's Own Happiness |
| Civil over military authority | N/A |
| Unity as Americans | N/A |
| Republican and limited form of government | N/A |
| Free, fair, and independent elections | N/A |
| Representative government under the authority of the American people | N/A |
| Protection of liberty | N/A |
| Consent of the governed | Life, Liberty, and Property |
| Egalitarian character of the American people | N/A |
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What You'll Learn
The people, not the states, are the source of the government's legitimacy
The United States Constitution was founded on several principles that were intended to shape the country's governance. One of the key principles was the belief that "the people, not the states, are the source of the government's legitimacy". This idea, represented by the famous phrase "We the People", was coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style. This phrase communicated the aspirations that the people had for their government and their way of life as a nation.
The inclusion of "We the People" in the Constitution's preamble signalled a shift in thinking. Instead of listing the names of the 13 states, Morris used the phrase "of the United States" and then outlined six goals for the nation:
- To form a more perfect Union
- Establish Justice
- Insure domestic Tranquility
- Provide for the common defence
- Promote the general Welfare
- Secure the Blessings of Liberty to ourselves and our Posterity
These goals reflected the principles of individual rights, natural law, and the belief in a government that serves and protects the people. The preamble sets the stage for the Constitution, clearly communicating the intentions of its framers and the purpose of the document, although it does not define government powers or individual rights.
The principle of "We the People" also aligns with the concept of consent of the governed, as proposed by British political philosopher John Locke. Locke's theory suggests that the government's duty under a social contract is to serve the people by protecting their basic rights to life, liberty, and property. This idea influenced the framers of the Constitution, who recognised the importance of citizen consent in upholding the rule of law.
The United States Constitution has had a significant impact worldwide, with its principles of the rule of law, separation of powers, and recognition of individual rights influencing other nations' constitutions and their considerations for their nation's future. The Constitution's emphasis on "We the People" underscores the belief that the government's legitimacy derives from the people it serves, a concept that continues to be a guiding principle in American governance.
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The rule of law
The preamble goes on to outline several objectives, including establishing justice, ensuring domestic tranquility, providing for the common defence, promoting general welfare, and securing liberty. These objectives reinforce the rule of law by emphasising the role of the government in creating and maintaining a fair and just society. The rule of law is further strengthened by the principle of individual rights, which includes the right to life, liberty, and the pursuit of happiness. This principle recognises the inherent dignity and freedom of each person, which the government must respect and protect.
The influence of British political philosopher John Locke is evident in the Constitution's embrace of the rule of law. Locke's concept of the social contract, as outlined in his "Two Treatises of Government", holds that the government's duty is to serve and protect the rights of the people. This idea of consent of the governed is reflected in the Constitution's recognition of individual rights and the importance of fair and impartial application of the law.
The US Constitution's commitment to the rule of law has had a significant impact on governance worldwide. Its principles, including the rule of law, separation of powers, and recognition of individual rights, have influenced other constitutions and informed leaders during pivotal moments in history. The rule of law, as enshrined in the US Constitution, continues to guide the interpretation and application of laws in America, ensuring fairness and justice for all.
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Separation of powers
The United States Constitution is founded on several principles, one of which is the "separation of powers". This principle is about dividing the government's powers among different branches to prevent the concentration of power in a single branch.
The "separation of powers" principle is often attributed to the influence of Montesquieu, who was cited by Supreme Court Justices throughout history. This principle holds that the three branches of government—the legislative, executive, and judicial—should be independent and have their own unique powers and responsibilities.
The legislative branch, consisting of the Senate and the House of Representatives, is responsible for creating and passing laws. The executive branch, led by the President, is tasked with enforcing those laws and managing the country's day-to-day affairs. Finally, the judicial branch, made up of the Supreme Court and lower federal courts, interprets the laws and ensures they are applied fairly and equally to all citizens.
This separation of powers provides a system of checks and balances, preventing any one branch from becoming too powerful. It also promotes collaboration and negotiation between the branches, as they must work together to govern effectively.
The "separation of powers" principle in the US Constitution has had a significant influence worldwide, with other nations adopting similar models of governance. It has contributed to the establishment of fair and just legal systems and the protection of individual rights and liberties.
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Recognition of individual rights
The recognition of individual rights is a fundamental principle of the US Constitution and a defining factor of the American system of government. The Constitution protects the individual rights of all citizens, with many of these rights enshrined in the First Amendment of the Bill of Rights.
The First Amendment protects the freedom of religion, speech, press, assembly, and the right to petition the government for the redress of grievances. The right to free speech is one of the most well-known freedoms and includes freedom of expression, with some exceptions. The Supreme Court has upheld that citizens cannot be punished by the government for what they say, allowing for protests such as burning the American flag. The Establishment Clause prevents the government from establishing an official religion, and the Free Exercise Clause protects the right to practice any religion or none.
The Fourth Amendment protects citizens from unreasonable search and seizure of their persons or property without a warrant. The Fifth Amendment provides several protections for those accused of crimes, including the right against self-incrimination, double jeopardy, and the right to just compensation for confiscated property. It also includes the due process clause, which applies in civil and criminal cases, stating that people cannot be deprived of "life, liberty, or property without due process of law". The Sixth Amendment provides additional protections for the accused, including the right to a speedy and public trial by an impartial jury and to be informed of criminal charges.
The Ninth Amendment states that the listing of specific rights in the Constitution does not deny citizens other rights not explicitly mentioned. The Tenth Amendment limits the powers of the federal government to those delegated in the Constitution.
The recognition of individual rights in the Constitution was influenced by British political philosopher John Locke, who advanced the principle of consent of the governed, with basic rights to life, liberty, and property.
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Protection against corruption
The US Constitution has served as a model for governance worldwide, particularly during the 1970s, influencing the principles of the rule of law, separation of powers, and recognition of individual rights in other constitutions.
The US Constitution's preamble sets the stage for the document, communicating the intentions of its framers and its purpose. One of its key objectives is to "establish Justice", which involves protecting the basic rights to life, liberty, and property. The separation of powers between the executive, judicial, and legislative branches of government is also crucial in preventing corruption.
To further strengthen the fight against corruption, civil society plays a crucial role. In Tunisia, for example, over 300 civil society organisations provided input to the consultation with the National Constituent Assembly. Transparency International, a global civil society organisation, has led efforts in multiple countries to enshrine and improve the fight against corruption in their constitutions. For instance, Transparency International Croatia and Transparency International Mexico contributed to making access to information a constitutional right in 2010 and 2013, respectively.
Additionally, international cooperation and partnerships are essential as corruption increasingly transcends national borders. The US has played a pivotal role in negotiating and enforcing international treaties like the United Nations Convention against Corruption (UNCAC), which covers all aspects of combating corruption and has near-universal adoption with over 189 state parties. Through UNCAC and other initiatives, the US promotes reforms in areas such as bribery, conflicts of interest, procurement, and judicial independence.
At the individual level, the Bureau of International Narcotics and Law Enforcement Affairs (INL) within the US Department of State recognises brave and impactful advocates and reformers through its global Anti-Corruption Champions Award. INL also undertakes research to enhance its understanding of effective strategies to counter corruption and address current evidence gaps.
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Frequently asked questions
The US Constitution was founded on the principles of the rule of law, separation of powers, and recognition of individual rights. The preamble to the Constitution sets out its six key goals: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity".
The US Constitution was influenced by British political philosopher John Locke, who expanded on the contract theory of government, and Thomas Hobbes, who advanced the principle of consent of the governed. The Constitution was also influenced by the idea of natural law and opposition to tyranny, as well as the concept of a republican and limited form of government.
The US Constitution has been a notable model for governance worldwide, especially through the 1970s. Its influence can be seen in the similarities in phrasing and borrowed passages in other constitutions, such as the Australian Constitution, which integrated federal ideas from the US Constitution. The principles of the US Constitution have also informed leaders such as Abraham Lincoln during the American Civil War and Benito Juárez of Mexico.
