Malcolm Rivera
The United States Constitution has grown and evolved since it was first written in 1787. The document was signed by 38 delegates, creating a powerful central government with a series of checks and balances, dividing federal authority between the Legislative, Judicial, and Executive branches. The Constitution was designed to address the challenges facing the nation at the time, such as disputes over territory, war pensions, taxation, and trade. It also established foundational principles that would guide the new nation into an uncertain future, such as freedom of speech, due process of law, and equal protection under the law. Since then, the Constitution has been amended and interpreted to reflect the changing society, such as the inclusion of invasions of privacy in the Fourth Amendment and the authorization of an air force. The application of the Constitution's principles has evolved as society has changed, and it continues to be a living document that serves as the basis of the United States government.
| Characteristics | Values |
|---|---|
| Number of delegates signing the Constitution | 39 |
| Date of signing the Constitution | 17 September 1787 |
| Number of states needed for ratification | 9 out of 13 |
| Date of ratification | 1789 |
| Number of states with a pro-Constitution majority | 6 out of 13 |
| Number of representatives per state in the House | 1 for every 30,000 people |
| Number of representatives per state in the Senate | 2 |
| Number of years senators served in office | 6 |
| Year the Articles of Confederation came into force | 1781 |
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What You'll Learn
The federal government's power to regulate commerce
The Commerce Clause, or Article 1, Section 8, Clause 3 of the U.S. Constitution, grants Congress the power to "regulate commerce with foreign nations, among states, and with the Indian tribes." This clause has been a source of controversy regarding the balance of power between the federal government and the states. While some interpret "commerce" narrowly as referring only to trade or exchange, others argue for a broader interpretation that includes commercial and social intercourse between citizens of different states.
The Commerce Clause has been used by Congress to justify exercising legislative power over state activities and their citizens, leading to disputes about the extent of federal power. The Supreme Court has weighed in on this debate, issuing rulings that both expand and constrain Congress's power under the Commerce Clause. For example, in the 2005 medical marijuana case Gonzales v. Raich, the Court upheld a federal law regarding marijuana even though the marijuana in question had never entered interstate commerce. The Court found that Congress may regulate an intrastate economic good as part of a scheme to regulate interstate commerce.
In contrast, in United States v. Lopez (1995), the Supreme Court attempted to curtail Congress's power by returning to a more conservative interpretation of the Commerce Clause. The Court held that Congress only has the power to regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce. This decision enforced strict limits on congressional power and marked a shift towards federalism.
The interpretation and application of the Commerce Clause have evolved over time, reflecting changes in society and the economy. For the first century of U.S. history, the primary use of the Clause was to prevent discriminatory state legislation. However, with rapid industrial development and an increasingly interdependent national economy, Congress began to assert its power under the Commerce Clause to regulate interstate commerce, passing laws such as the Interstate Commerce Act in 1887 and the Sherman Antitrust Act in 1890.
The Commerce Clause also has implications for civil rights and individual liberties. For example, the Civil Rights Act of 1964 aimed to prevent businesses from discriminating against black customers, and the Supreme Court issued several opinions supporting the use of the Commerce Clause in this context. The Court ruled that Congress could regulate businesses that served mostly interstate travellers and recreational facilities that purchased goods from outside their state. The Commerce Clause, therefore, has been used to address societal changes and protect the rights of vulnerable groups.
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The role of the president and their selection
The role of the president and the process of their selection have evolved since the framers wrote the Constitution. The framers of the American Constitution were visionaries who designed a document to address the challenges facing the nation during their lifetimes and to establish foundational principles to guide the new nation into an uncertain future.
The president of the United States (POTUS) is the head of state and government and the commander-in-chief of the armed forces. The president directs the executive branch of the federal government and has the power to make treaties and appointments within the federal government with Senate approval. The president also has a vast amount of military power, including large military budgets, a global military presence, and control of intelligence-gathering organisations.
The power of the presidency has grown since George Washington took office in 1789, and the role has become increasingly prominent in American political life since the 20th century. The president's role has expanded in certain areas, such as foreign and military affairs, and they now possess significant influence as the leader of the world's largest economy and only remaining superpower.
The process of selecting the president has also evolved. Initially, there was uncertainty regarding the presidential title and residence, with the Senate considering and rejecting the designation of "His Highness, the President of the United States of America, and the Protector of their Liberties." The president is elected indirectly by voters through the Electoral College, a body formed every four years to elect the president and vice president. This process involves caucuses, primaries, and political conventions, with nominees campaigning across the country to explain their views and convince voters.
The modern electoral process focuses on winning swing states through frequent visits and mass media advertising. The role of the president and the selection process continue to evolve, adapting to societal changes and advancements while remaining grounded in the foundational principles established by the framers of the Constitution.
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The structure of Congress
The framers of the Constitution envisioned a weak presidency and a strong legislature, which would consist of the House of Representatives and the Senate. The House of Representatives was intended to be directly elected, but kept relatively small to limit populist influence. The Senate, on the other hand, was designed to handle important issues and consisted of members serving six-year terms. Originally, senators were chosen by state legislators rather than directly elected by voters, further insulating them from populist pressures.
One of the fiercest debates during the Constitutional Convention was over congressional representation. The framers compromised by granting each state one representative for every 30,000 people in the House and two representatives in the Senate. They also agreed to count enslaved Africans as three-fifths of a person, temporarily resolving the contentious issue of slavery.
The framers of the Constitution sought to limit populist power and prevent the excesses of democracy. They established a system of checks and balances, dividing federal authority between the legislative, judicial, and executive branches. This structure aimed to protect fundamental freedoms and guard against malfunctions of majority rule, recognising that while majority rule was the best system, it was imperfect.
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The protection of fundamental freedoms
The interpretation and application of these principles have evolved as society has changed. For example, the meaning of "search" in the Fourth Amendment has come to include invasions of privacy beyond physical trespass due to technological advancements in surveillance. Similarly, the provision granting Congress the power to maintain the nation's "land and naval Forces" has been interpreted to include authorization for an air force.
The Supreme Court has played a crucial role in protecting fundamental freedoms by departing from judicial restraint when governing majorities disadvantage vulnerable groups, stifle critics, entrench their political power, or undermine the constitutional structure of checks and balances. This exercise of "more exacting judicial scrutiny" is essential to safeguard against malfunctions of majority governance and protect fundamental freedoms.
The Constitution's framers envisioned a strong central government with a system of checks and balances to limit populist power. They created a federal government with specific powers, including the authority to conduct foreign relations. The framers intentionally designed a system where the president was selected by electors, not directly by voters, and where senators were originally chosen by state legislators rather than through direct election. These measures were intended to insulate Congress and the presidency from populist pressures and maintain a balance between national authority and state power.
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The role of the courts
The framers of the Constitution envisioned a weak presidency and a strong legislature divided into a House of Representatives and the Senate. They wanted to limit populist power and insulate Congress from populist pressures. To achieve this, they designed a system where the president was selected by a body of electors chosen by the states, rather than by individual voters. The framers also gave the Senate more power, with longer terms of office for its members, to further insulate them from populist influence.
The interpretation and application of constitutional principles by the courts have evolved over time to adapt to societal changes. For example, the meaning of "search" in the Fourth Amendment has expanded to include invasions of privacy beyond physical trespass due to technological advancements in surveillance. The provision granting Congress the power to maintain a "land and naval Forces" has been interpreted to include the authorization of an air force.
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Frequently asked questions
The Constitution was written to address the specific challenges facing the nation during the framers' lifetimes, as well as to establish foundational principles that would guide the new nation into an uncertain future.
The Constitution defines fundamental freedoms in general terms, including freedom of speech, due process of law, freedom of religion, equal protection under the law, and protection from cruel and unusual punishment. It also sets out governmental powers, such as the ability of Congress to regulate commerce and the role of the president in executing laws.
While the core principles of the Constitution remain unchanged, their application has evolved as society has changed. For example, the meaning of "search" in the Fourth Amendment has expanded to include invasions of privacy beyond physical trespass due to technological advancements in surveillance.
The Anti-Federalists opposed the Constitution because it created a powerful central government that reminded them of the monarchy they had recently overthrown, and because it lacked a bill of rights. They also believed that the government's role was to protect property rights rather than redistribute them through debt relief measures.
