Simone Lawson
The goals of the US Constitution are outlined in the document's preamble, which was written by a delegate from Pennsylvania, Gouverneur Morris. The preamble sets out the intentions of the framers and the purpose of the document, which is the highest law of the land. The preamble 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. The Constitution was drafted to create a national government with three branches, each with specific powers and checks and balances to prevent any one branch from gaining supremacy. It also outlines the relationship between the states and the federal government, and protects the fundamental rights of US citizens.
| Characteristics | Values |
|---|---|
| Location | The goals of the US Constitution are found in its preamble |
| Purpose | The preamble sets out the purpose of the document and the federal government |
| Introduction | It is an introduction to the document, but not a law itself |
| Goals | Form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty |
| Amendments | The Constitution is a "living" document that can be amended; there have been 27 amendments since its creation |
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The Preamble
This 52-word paragraph outlines the aspirations and goals that "We the People" have for their government and way of life as a nation. It highlights six key objectives: forming a more perfect Union, establishing Justice, insuring domestic Tranquility, providing for the common defence, promoting the general Welfare, and securing the Blessings of Liberty. These objectives reflect the desire to create a stronger and more unified nation while protecting the rights and freedoms of the people.
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Separation of Powers
The goals of the US Constitution are outlined in its preamble, which serves as an introduction to the document. The preamble sets out the intentions of the framers and the purpose of the Constitution, stating:
> "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."
One of the key principles of the US Constitution is the separation of powers, which divides the government's powers among three branches: the legislative, executive, and judicial. This system is designed to prevent any one branch from becoming too powerful and to protect individual liberty.
The legislative power is vested in Congress, which consists of the Senate and the House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the states, and they can expel a member with a two-thirds concurrence. Congress is responsible for making laws and can also delegate certain powers to other agencies, although there are limits to how much authority it can delegate. For example, in Clinton v. City of New York (1998), the Supreme Court held that Congress could not delegate a "line-item veto" to the President.
The executive power is vested in the President, who becomes the Commander-in-Chief of the Army, Navy, and Militia and has the power to make treaties, appointments, and receive ambassadors. The President is responsible for enforcing the laws made by Congress and can be restricted by Congress through impeachment.
The judicial power is vested in the Supreme Court and any lower courts created by Congress. The judiciary interprets the law and can also provide insights into the separation of powers. For example, in U.S. v. Alvarez, federal judges described how healthy tensions among the branches have a stabilizing effect on democracy.
While the three branches are separate, they also have a degree of interdependence and must work together for the government to function effectively. The framers of the Constitution incorporated checks and balances to prevent one branch from aggrandizing its power at the expense of the others. For instance, Congress may write legislation to restrain executive officials, and the Supreme Court can rule on whether one branch has usurped the authority of another.
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Federalism
The Tenth Amendment reinforces this principle: "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." This means that state power was protected by limiting the federal government's ability to act, rather than by shielding state power. The Founders granted the national government only limited powers, leaving the regulation of intrastate commerce and other powers to the states.
In practice, federalism has had its ups and downs since the founding of the country, and federal-state relations have always been contested. The Supreme Court has frequently invoked constitutional provisions to determine that Congress has exceeded its powers and infringed upon state sovereignty. Federalism also serves to assign political responsibility and protect individual liberty by ensuring that issues are handled at the personal level whenever possible.
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Protection of Liberties
The goals of the US Constitution are outlined in the preamble, which serves as an introduction to the document. The preamble sets out the intentions of the framers and the purpose of the document. The US Constitution establishes liberties and rights that protect individuals against government actions that infringe upon their fundamental freedoms.
The Constitution's first amendment protects freedom of religion, speech, and the press, as well as the right to assemble and petition the government. The second amendment protects the right to bear arms, while the third amendment prohibits the quartering of soldiers in private homes without consent. The fourth amendment protects people from unreasonable searches and seizures, and the fifth amendment provides additional protections for those accused of crimes, such as the right to a fair trial and protection against self-incrimination.
The Constitution also includes the right to keep and bear firearms, and a ban on cruel and unusual punishment, influenced by the English Bill of Rights of 1689 and the Magna Carta. The Ninth Amendment states that the listing of specific rights in the Constitution does not mean that people do not retain other rights not explicitly mentioned.
The Constitution protects civil rights, such as the equal right to vote, and promotes the general welfare and security of liberty for all citizens and their posterity. It also provides for the common defence and aims to establish justice and domestic tranquility.
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Supremacy Clause
The goals of the US Constitution are outlined in the preamble, which is an introduction to the highest law of the land. The preamble sets out the intentions of the framers and the purpose of the document.
The Supremacy Clause is among the Constitution's most significant structural provisions. It is a response to problems with the Articles of Confederation, which governed the United States from 1781 to 1789. The Articles lacked any provision declaring federal law to be superior to state law, and as a result, federal statutes did not bind state courts in the absence of state legislation implementing them. The Supremacy Clause addresses this issue by establishing the supremacy of federal law. It assumes the underlying priority of federal authority, stating that the Constitution and the laws of the United States made in pursuance thereof shall be the supreme law of the land, and that the judges in every state shall be bound thereby. This means that federal statutes and treaties must be within the parameters of the Constitution and not violate constitutional limits on federal power, such as the Bill of Rights. The Supreme Court has the power of judicial review, which means it can invalidate a statute for violating a provision of the Constitution.
The Supremacy Clause is considered a cornerstone of the United States' federal political structure. It establishes a robust role for the federal government in managing the nation's affairs. The basic principle enshrined in the Clause—federal supremacy—is now well-settled. The constitutional principle derived from the Supremacy Clause is federal preemption, which applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions. For example, the Voting Rights Act of 1965, an act of Congress, preempts state constitutions, and Food and Drug Administration regulations may preempt state court judgments in cases involving prescription drugs.
The Supremacy Clause was introduced as part of the New Jersey Plan during the Federal Convention of 1787. During the debate, it was first put up for a motion by Luther Martin on July 17, when it passed unanimously. While the Supremacy Clause was not a major source of disagreement at the Constitutional Convention, it generated controversy during debates over the Constitution's ratification. However, advocates of federal supremacy prevailed, and the Constitution was ratified in 1788 with the Supremacy Clause.
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Frequently asked questions
The goals of the US Constitution are outlined in the preamble, which is an introduction to the document.
The US Constitution has three main functions. Firstly, it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches. Secondly, it divides power between the federal government and the state governments. Thirdly, it protects various individual liberties of American citizens.
The preamble to the US Constitution is a 52-word paragraph that sets out the aspirations of "We the People" for our government and way of life as a nation. It reads:
> "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."
