Malcolm Rivera
The Constitution of a country is its fundamental law, and in the case of the United States, it divides the federal government into three branches: the legislative, executive, and judicial. The US Constitution was signed by 39 framers in 1787, and it includes an introductory paragraph, seven articles that define the government's framework, and 27 amendments. However, the US did not originally have its current Constitution. America's first constitution, the Articles of Confederation, 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. The US Constitution, therefore, replaced the Articles of Confederation, and it is now one of the longest-lived and most emulated constitutions in the world.
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What You'll Learn
The Supreme Court
Article III, Section II of the Constitution, also known as Article III of the Constitution, establishes the federal judiciary and outlines the jurisdiction of the Supreme Court. It states 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." This article grants the Supreme Court original jurisdiction over certain cases, such as suits between multiple states or cases involving ambassadors. The Court also has appellate jurisdiction, allowing it to hear appeals on a wide range of cases involving constitutional or federal law.
The Certiorari Act of 1925 further enhanced the Supreme Court's discretion in choosing which cases to hear within its appellate jurisdiction. While the Constitution grants the Supreme Court the authority to hear specific types of cases, it is up to Congress to decide how to organize the Court and manage its structure.
In addition to its judicial review power, the Supreme Court serves as the court of last resort for those seeking justice. It protects civil rights and liberties by striking down unconstitutional laws and sets limits on democratic government, safeguarding minority rights and fundamental values such as freedom of speech, freedom of religion, and due process of law.
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Federal jurisdiction
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch includes the Supreme Court and other federal courts. The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice.
Article III of the Constitution establishes the federal judiciary. Article III, Section I states 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 (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. It also has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law.
The Judiciary Act of 1789, signed by President Washington, established a federal court system. This Act created a Supreme Court with six justices and also established the lower federal court system. The Act gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). The Judiciary Act of 1789 also established a limited jurisdiction for the district and circuit courts and granted the Supreme Court appellate jurisdiction in cases from the federal circuit courts and state courts where those courts' rulings had rejected federal claims.
The Supreme Court plays a crucial role in ensuring that each branch of government recognises the limits of its power. It protects civil rights and liberties by striking down laws that violate the Constitution. It also sets limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities. The Court's decisions have a significant impact on society as a whole, not just on lawyers and judges.
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State sovereignty
The Constitution of the United States was established to replace the weaker Congress formed by the Articles of Confederation. It consists of seven articles that outline the framework of the federal government, with amendments made over time to reflect changing needs. One notable aspect of the US Constitution is its recognition of federalism, which grants certain powers to the states while maintaining a balance with the authority of the central government. This concept of federalism plays a crucial role in protecting state sovereignty.
The concept of federalism, as outlined in Article I, Section 8, and interpreted by constitutional scholars, further reinforces state sovereignty. It recognises that while the federal government has certain enumerated powers, the states retain significant authority in areas that are not explicitly delegated to the federal level. This division of powers allows states to have a direct impact on the lives of their citizens, as they can legislate on a wide range of issues, from economic policies to social programmes.
The Supreme Court also plays a critical role in safeguarding state sovereignty. While it has original jurisdiction in cases involving foreign nations and disputes between states, it generally respects the independence of state courts. The Supreme Court will only intervene in state law matters on a case-by-case basis and only when there is a strict constitutional necessity. This approach ensures that state sovereignty is upheld and that states can administer justice and interpret laws within their own legal systems.
In conclusion, state sovereignty in the United States is a fundamental aspect of the country's federal system. It is protected by the Constitution, particularly through the 10th Amendment and the principles of federalism. The division of powers between the federal government and the states empowers citizens by providing them with greater legislative representation and the ability to influence policy at both the state and national levels. The Supreme Court also plays a vital role in preserving state sovereignty by respecting the jurisdiction of state courts and intervening only when necessary.
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The Bill of Rights
In the summer of 1787, delegates from the 13 states convened in Philadelphia and drafted the US Constitution. The first draft set up a system of checks and balances that included a strong executive branch, a representative legislature, and a federal judiciary. However, it did not include a declaration or bill of individual rights. It did not specify what the government could not do, and it did not apply to everyone. The absence of a "bill of rights" turned out to be an obstacle to the Constitution's ratification by the states.
Many Americans, persuaded by a pamphlet written by George Mason, opposed the new government. Mason was one of three delegates present on the final day of the convention who refused to sign the Constitution because it lacked a bill of rights. James Madison, once the most vocal opponent of the Bill of Rights, introduced a list of amendments to the Constitution on June 8, 1789, and worked hard to secure its passage. Madison had come to appreciate the importance voters attached to these protections and the chance that adding them might prevent its opponents from making more drastic changes to it. The House passed a joint resolution containing 17 amendments based on Madison's proposal. The Senate changed the joint resolution to consist of 12 amendments. By December 15, 1791, three-fourths of the states had ratified 10 of these, now known as the "Bill of Rights."
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The Articles of Confederation
The Articles were in force from March 1, 1781, until 1789 when the present-day US Constitution went into effect. The Articles were established as a league of friendship and a constitution for the 13 sovereign and independent states after the Revolution. However, the central government had insufficient power to regulate commerce, and it could not tax or set commercial policy. It could not effectively support a war effort, and it had little power to settle disputes between states.
The limitations on the central government, such as in assembling delegates, raising funds, and regulating commerce, limited its ability to govern the continually growing 13 colonial states. As a result, James Madison and George Washington were among those who feared their young country was on the brink of collapse. In May 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles of Confederation. The present-day US Constitution superseded the Articles of Confederation on March 4, 1789.
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Frequently asked questions
The Judicial branch. The Constitution divides the federal government into three branches: legislative, executive, and judicial. The Supreme Court, established by Article III of the Constitution, is the highest court in the land and is the judicial branch's court of last resort.
The Supreme Court has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. It also ensures that each branch of government recognizes the limits of its own power, and protects civil rights and liberties by striking down laws that violate the Constitution.
The Supreme Court is made up of one Chief Justice and eight Associate Justices.
The Supreme Court has original jurisdiction over cases involving ambassadors, ministers, and consuls, as well as controversies between two or more states or between a state and citizens of another state. It also has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law.
