Simone Lawson
The US Constitution is a document that outlines the basic principles and powers of the federal government and the rights and responsibilities of US citizens. It was drafted in 1787 and consists of a preamble and several articles that establish the three branches of government, define their respective powers, and outline the rights and freedoms of citizens. The Constitution also includes amendments that have been added over time to address specific issues and clarify the rights of citizens, such as the right to vote and the powers of the President. The document has been interpreted and debated by judges, scholars, and citizens, shaping the understanding of the law and the rights it guarantees.
| Characteristics | Values |
|---|---|
| Forming a more perfect union | Establish Justice |
| Insuring domestic tranquility | Insure domestic tranquility |
| Providing for the common defence | Provide for the common defence |
| Promoting the general welfare | Promote the general welfare |
| Securing the blessings of liberty to ourselves and our posterity | Secure the blessings of liberty to ourselves and our posterity |
| Oath of Office for the President of the United States | I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States |
| Powers of the President | Commander in Chief of the Army and Navy of the United States, and of the Militia of the States |
| Powers of Congress | The right of citizens of the United States to vote in any election shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax |
| Powers of Congress | The House of Representatives shall choose a President if there is no President or Vice-President by March 4 |
| Powers of Congress | Neither slavery nor involuntary servitude, except as a punishment for crime |
| Powers of Congress | The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State |
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What You'll Learn
The US Constitution's Preamble
The Preamble to the US Constitution is an introductory statement that outlines the fundamental purposes and guiding principles of the document. Beginning with the words "We the People", it communicates the intentions of the framers and sets the stage for the Constitution as the highest law of the land. While it does not define government powers or individual rights, it establishes key objectives that shape the interpretation and application of the Constitution.
The Preamble to the US Constitution states: "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, do ordain and establish this Constitution for the United States of America." This 52-word paragraph was drafted during the summer of 1787 in Philadelphia and encapsulates the basic principles agreed upon by the Framers.
The phrase "We the People" is significant as it indicates that the Constitution was created by and for the people of the United States, recognising their sovereignty and vesting the power of the union in them. This phrase has been interpreted to mean "nationals and citizens" and has implications for the understanding of the political community and the reach of the Constitution's jurisdiction.
The Preamble's objectives, from establishing justice to securing liberty, provide a framework for interpreting the Constitution and shaping law and policy. For example, the objective to "establish Justice" has been central to discussions around the rule of law and the fair application of laws to everyone. Similarly, the objective to "insure domestic Tranquility" speaks to the need for unity and harmony within the nation, addressing the diverse interests, laws, and cultures of the individual states.
The Preamble's role in guiding interpretation is particularly important given the changed circumstances since the late 18th century when the Constitution was drafted. Courts have ruled that the Constitution must be interpreted in light of modern contexts, and the Preamble has been used as evidence of the Founding Fathers' intentions and the document's underlying purpose. This has influenced rulings on issues such as eminent domain and individual freedoms.
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Judicial review and individual rights
Judicial review is a fundamental principle of the US system of government, allowing the Supreme Court to actively ensure that the executive and legislative branches of government abide by the Constitution. While the Constitution does not expressly grant federal courts the power to declare government actions unconstitutional, the historical record suggests that those who framed and ratified the Constitution were aware of judicial review, and some favoured granting courts this power.
The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law. The Supreme Court first formally embraced the doctrine of judicial review in 1803, and in Marbury v. Madison, the Court struck down an act of Congress as unconstitutional for the first time.
Article III, Section I of the Constitution establishes the federal judiciary, stating that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Article III, Section II establishes the jurisdiction of the Supreme Court, or its legal ability to hear a case. The Court has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost any other case that involves a point of constitutional or federal law.
The decisions of the Supreme Court have a profound impact on society, as demonstrated in Tinker v. Des Moines Independent School District (1969), where the Court held that students could not be punished for wearing black armbands to school to protest the Vietnam War, asserting that "students do not shed their rights at the schoolhouse gate." Judicial review thus plays a crucial role in safeguarding individual rights and ensuring that government actions do not infringe upon the freedoms guaranteed by the Constitution.
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The democratic setting of legal institutions
Popular Sovereignty and Consent
Popular sovereignty is a fundamental principle in a democratic setting, where the people are recognised as the ultimate source of authority for the government. This is reflected in the daily realities of the political system, with citizens electing their leaders and granting their consent to be governed. This consent is contingent on the government's adherence to democratic principles and respect for the rule of law.
Majority Rule and Minority Rights
In a democratic setting, the principle of majority rule is essential, where decisions are made based on the will of the majority of the people. However, it is equally crucial to protect the rights of minorities. This protection of minority rights assures the legitimacy of the government and prevents the tyranny of the majority.
Limited Government and Separation of Powers
The powers of the government in a democratic setting are limited by legal and institutional means. This includes the separation of powers among different branches of government, such as the legislative, executive, and judicial functions. Each branch has specific responsibilities, and they also share powers to maintain a balance.
Checks and Balances
Checks and balances are implemented to prevent any single branch of government from exerting excessive power. This includes mechanisms such as judicial review, where courts can declare actions of other branches as unconstitutional and nullify them.
Rule of Law and Equality Before the Law
The rule of law is a cornerstone of a democratic legal institution, where everyone in society, including the government, is bound by the law. This entails equal access to justice for all citizens and ensures that legal institutions are impartial and independent. It also upholds the principle that all citizens are equal before the law, regardless of their status or position.
Democratic Values and Constitutionalism
Democratic values are promoted and protected by state constitutions, which serve as a check on the power of the majority and safeguard individual rights and freedoms. Constitutions provide a framework for democratic governance, outlining the rights and obligations of citizens, the structure of the government, and the limitations on its powers.
In conclusion, the democratic setting of legal institutions entails a delicate balance between popular sovereignty, majority rule, minority rights, limited government, and the rule of law. It requires a commitment to democratic values, constitutionalism, and the protection of human rights. By upholding these principles, democratic legal institutions foster stability, legitimacy, and equal justice for all citizens.
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The President's role and powers
The President of the United States has a wide range of roles and powers, some of which are enshrined in the Constitution, while others have been established through precedent. The President's powers have evolved over time, with the office gaining increased power and prestige in recent decades.
One of the President's key roles is as the Commander-in-Chief of the US military and militia when called to service. This power was established by George Washington, who firmly established military subordination under civilian authority. The President has the power to initiate military action, although Congress provides a check on this power through its control over military spending and regulation.
The President also has significant legislative powers. They can approve or veto bills and resolutions passed by Congress, and they often play a key role in shaping the legislative agenda. The President can also issue signing statements expressing their opinion on the constitutionality of a bill's provisions and can even declare them unenforceable. While Congress can override vetoes, it is a difficult and rare process, and the threat of a presidential veto often leads Congress to modify bills to the President's liking. Additionally, the President has the power to convene one or both houses of Congress during extraordinary occasions and adjourn them when Congress cannot agree.
The President is also responsible for conducting foreign relations and has the power to make treaties, with the advice and consent of Congress. They can also appoint ambassadors and other officials, again with the advice and consent of Congress.
Another important power of the President is the power of clemency, which includes the ability to grant pardons, commutations, reprieves, and respites for federal offenses. Pardons are the most common form of clemency and can be used to forgive entire groups of people, as when Jimmy Carter granted amnesty to Vietnam draft dodgers.
The President also has the duty to ensure that the laws are faithfully executed and to preserve, protect, and defend the Constitution. They can require written opinions from the principal officers of executive departments on any subject relating to their duties.
Finally, the President has a significant public presence and can use their bully pulpit to communicate directly with the American people and shape public opinion. This has become an increasingly important aspect of the presidency, with modern presidents travelling extensively and using media to their advantage.
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Voting rights and taxation
Voting Rights
The U.S. Constitution does not explicitly mention the right to vote for citizens. Instead, it states that anyone eligible to vote for the largest house of a state legislature is also eligible to vote for members of the House of Representatives from that state.
The Constitution does refer to the election of members of Congress and the President, but the document, adopted in 1787, does not define who may cast those votes. Instead, states were given the power to decide who qualified to vote, leading to variations across the nation.
Amendments to the Constitution and federal laws have since expanded and protected voting rights. The 15th Amendment (1870) extended voting rights to men of all races, the 19th Amendment (1920) prohibited denying the vote based on sex, and the 24th Amendment (1964) removed poll taxes, which had been used to restrict voting rights. The Voting Rights Act of 1965 further secured voting rights for adult citizens of all races and genders, prohibiting voter discrimination based on race, colour, or language minority group.
Taxation
Article I, Section 8, Clause 1 of the Constitution, also known as the Taxing Clause, grants Congress broad authority to "lay and collect taxes" for federal debts, common defence, and general welfare. This power is subject to specific limitations and qualifications, such as the requirement for uniformity in duties, imposts, and excises.
The Supreme Court has emphasised the sweeping nature of Congress's taxing authority, stating that it "reaches every subject". However, this power is limited by constitutional provisions protecting individual rights, such as the Free Speech Clause. The Due Process Clause, on the other hand, does not restrict Congress's taxing power.
The interpretation and application of taxation have been the subject of various Supreme Court cases, such as Bailey v. Drexel Furniture Co. (1922), which rejected a tax on companies employing child labour, and National Federation of Independent Business v. Sebelius (2012), which reaffirmed that Congress cannot use taxing power to regulate areas it cannot directly control.
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Frequently asked questions
The US Constitution outlines the role of the President in Article II, Section 1.
The powers of Congress are outlined in Article I, Section 1 of the US Constitution.
The 15th, 19th, 24th, and 26th Amendments to the US Constitution outline citizens' rights to vote, regardless of race, sex, or poll tax.
The powers of the states are outlined in the 10th Amendment to the US Constitution, which states that powers not delegated to the federal government are reserved for the states or the people.
