Eleanor Finch
The American Constitution is a document that was signed on September 17, 1787, and ratified on June 21, 1788. The Constitution united the states under America's first national government, vesting the power of the union in the people. It sets out the intentions of the framers and the purpose of the document, including the establishment of justice, the provision for the common defence, and the securing of liberty. The Constitution also establishes the legislative powers of Congress and the House of Representatives. However, it does not define government powers or individual rights in detail, and amendments have been made over time to address issues such as slavery and voting rights.
| Characteristics | Values |
|---|---|
| Abolishing slavery | Not a feature until the Reconstruction Amendments were adopted between 1865 and 1870 |
| Granting citizenship and voting rights to former slaves | Not a feature until the Reconstruction Amendments were adopted between 1865 and 1870 |
| Prohibiting discrimination in voting on the basis of sex | Not a feature until the 19th Amendment was ratified in 1920 |
| Right to keep and bear arms | One of only three constitutions in the world that includes this right, the others being Guatemala and Mexico |
| Salary for high-ranking public officials | Not included, following the ideas of David Hume and Benjamin Franklin |
| Influence | Influenced by the Scottish Enlightenment, Magna Carta, Enlightenment rationalism, English common law, Iroquois Confederacy political concepts, and more |
| Supreme Court | Self-limits its passing on constitutional questions |
| Executive privilege | Allows the president great discretion |
| Foreign affairs | "Wholly confided by our Constitution to the political departments of the government ... [and] not subject to judicial intrusion or inquiry" |
| Separation of powers | Exists between the three branches of government |
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What You'll Learn
- The Constitution did not abolish slavery until the Reconstruction Amendments were adopted post-Civil War
- The Constitution did not grant former slaves citizenship or voting rights until after the Civil War
- The Constitution does not prohibit discrimination in voting on the basis of sex
- The Supreme Court's role is to maintain a balance between the three branches of government
- The Constitution does not define government powers or individual rights
The Constitution did not abolish slavery until the Reconstruction Amendments were adopted post-Civil War
The original U.S. Constitution, signed in 1787 and ratified in 1788, did not abolish slavery. In fact, it tacitly enshrined slavery through provisions such as the Three-Fifths Compromise, which stated that enslaved persons would be regarded as "three-fifths" of a fully free citizen for the purposes of apportioning seats in the House of Representatives. Additionally, the Fugitive Slave Clause asserted that a slave remained a slave even if they fled to a non-slavery state.
During the American Civil War, President Abraham Lincoln issued the Emancipation Proclamation in 1863, declaring that "all persons held as slaves [...] shall be then, thenceforward, and forever free." However, this proclamation did not end slavery in the nation as it only applied to areas of the Confederacy in a state of rebellion and not to the "border states" that remained in the Union. Lincoln recognised that a constitutional amendment was necessary to guarantee the abolishment of slavery.
The Thirteenth Amendment, the first of the Reconstruction Amendments, was proposed in 1864 and ratified on December 6, 1865. It abolished slavery and involuntary servitude in the United States and its territories, except as punishment for a crime. The official text of the amendment states:
> "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Congress shall have power to enforce this article by appropriate legislation."
The Reconstruction Amendments, which also include the Fourteenth and Fifteenth Amendments, were adopted between 1865 and 1870 in the years immediately following the Civil War. These amendments were a part of the implementation of the Reconstruction of the American South and were intended to guarantee the freedom and civil rights of the formerly enslaved.
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The Constitution did not grant former slaves citizenship or voting rights until after the Civil War
The original U.S. Constitution, which came into force in 1788, did not grant citizenship or voting rights to former slaves. This was only achieved after the Civil War, with the adoption of the Reconstruction Amendments between 1865 and 1870.
The Thirteenth Amendment, passed in 1865, abolished slavery and prohibited "slavery [or] involuntary servitude". However, it did not explicitly grant citizenship or voting rights to former slaves. That came with the Fourteenth and Fifteenth Amendments. The Fourteenth Amendment, passed in 1866 and ratified in 1868, granted African Americans the same constitutional rights as all American citizens. It established the principle of birthright citizenship, meaning anyone born in the U.S. is automatically a citizen. This amendment also included provisions relating to voting and representation in Congress, and it amended the 3/5ths clause in the Constitution, stating that population counts would be based on the "whole number of persons" in a state, so that all people would be counted equally.
The Fifteenth Amendment, ratified in 1870, granted the right to vote to all male citizens, regardless of their race or prior slave status. It states that the right to vote "shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude".
Before the Civil War, the Constitution had been interpreted as a pro-slavery document. The Dred Scott v. Sanford case in 1857, for example, declared that a person of "the African race, whose ancestors were brought to this country and sold as slaves is not a 'citizen' within the meaning of the Constitution of the United States". It also invalidated the Missouri Compromise, suggesting that Congress could not abolish slavery without amending the Constitution.
After the Civil War, during the Reconstruction era, African American men participated in electoral politics as voters and public officials. However, their federal protection of rights was dealt a major blow with the Compromise of 1877, when Southern Democrats conceded the 1876 presidential election to Republican Rutherford B. Hayes in exchange for the withdrawal of federal troops from the South. Blacks continued to attend schools and churches, participate in politics, and exert their rights as citizens in the face of growing white resistance and violence.
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The Constitution does not prohibit discrimination in voting on the basis of sex
The Constitution of the United States was signed on September 17, 1787, and ratified on June 21, 1788. Notably, the original text of the Constitution did not prohibit discrimination in voting on the basis of sex. This meant that women in the United States did not have the right to vote until the adoption of the 19th Amendment in 1920.
The 19th Amendment, which was first introduced to Congress in 1878, states that the "right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex". This amendment was a significant milestone in the women's suffrage movement, as it effectively granted women the right to vote. However, it is important to note that in practice, the amendment only granted white women the right to vote, as Black women, Indigenous women, and women from other racial and ethnic minority groups continued to face discrimination and voter suppression.
The fight for women's suffrage in the United States was a long and arduous journey. Notable figures such as Susan B. Anthony and Elizabeth Cady Stanton played a crucial role in advocating for women's right to vote. In 1872, Susan B. Anthony successfully voted but was later arrested and found guilty in a highly publicized trial that fueled the movement. Despite these efforts, the Supreme Court upheld states' rights to deny women the right to vote, as citizenship did not inherently include the right to vote.
It wasn't until the merger of two major women's organizations, the NWSA and the AWSA, into the National American Woman Suffrage Association (NAWSA) in 1890 that significant progress was made. NAWSA advocated for women's voting rights on a state-by-state basis, and by 1920, several states had granted women the right to vote. Finally, with the certification of the 19th Amendment on August 26, 1920, women's right to vote was protected at a national level.
While the 19th Amendment was a monumental step forward, the battle for equal rights did not end there. Women's rights activists continued to push for the Equal Rights Amendment, which aimed to enshrine broad protections against sex-based discrimination in the Constitution. Although this amendment was approved by Congress in 1972, it failed to gain sufficient support for ratification. Nonetheless, other advocates pursued specific laws to protect and expand women's rights in various areas, such as access to education, equal pay, housing, and financial independence.
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The Supreme Court's role is to maintain a balance between the three branches of government
The US Constitution divided the government into three branches: the legislative, executive, and judicial. This separation of powers was designed to ensure that no one branch could accumulate too much power. The Supreme Court plays a crucial role in maintaining this balance between the three branches of government.
Firstly, as the highest court in the land, the Supreme Court is the court of last resort for those seeking justice. This power of judicial review allows the Supreme Court to ensure that each branch of government recognizes the limits of its power. For example, the legislative branch makes laws, but the Supreme Court can declare those laws unconstitutional, thus striking down laws that violate the Constitution and protecting civil rights and liberties.
Secondly, the Supreme Court assumes power over acts of Congress and the President. While it seeks to minimize situations where it asserts itself as superior, the Court can hold federal officers accountable and ensure that acts of Congress are constitutional. This power of review over presidential actions and congressional legislation helps maintain a balance between the three branches.
Thirdly, the Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction over almost any other case involving constitutional or federal law. This jurisdiction gives the Supreme Court the authority to hear and decide on cases that may involve disputes or conflicts between the three branches, thus maintaining the balance of power.
Finally, the Supreme Court's decisions have a significant impact on society. By interpreting the Constitution and setting precedents, the Court ensures that the changing views of the majority do not undermine fundamental values such as freedom of speech, freedom of religion, and due process of law. This role helps maintain a balance between the powers of the government branches and the rights and liberties of the people.
In conclusion, the Supreme Court plays a vital role in maintaining a balance between the three branches of government. Through its powers of judicial review, jurisdiction over cases, and interpretation of the Constitution, the Court ensures that each branch recognizes its limits while also protecting the rights and liberties of Americans.
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The Constitution does not define government powers or individual rights
The United States Constitution does not define government powers or individual rights in its preamble. The preamble is an introduction to the highest law of the land, but it is not the law. Instead, it sets the stage for the Constitution by clearly communicating the intentions of its framers and the purpose of the document.
The Constitution does, however, limit and diffuse the powers of the federal and state governments to check government power. It also expressly protects certain rights and liberties for individuals from government interference. These rights and liberties are outlined in the Bill of Rights, which consists of the first ten amendments to the Constitution. The first eight amendments protect individual rights, while the Ninth and Tenth Amendments clarify the interpretation of rights and powers.
The Ninth Amendment states that the Bill of Rights is not an exhaustive list of rights, implying that individuals may possess other fundamental rights beyond those listed. The Tenth Amendment, on the other hand, specifies that any powers not granted to the federal government by the Constitution are reserved for the states or the people. This amendment helps to balance the powers of the federal government against state sovereignty.
While the Constitution does not define government powers in the preamble, it does enumerate the powers of the federal government in various articles and sections. For example, Congress's powers are listed in Article I, Section 8, while the executive and judicial branches' powers are outlined in Articles II and III, respectively. These branches have no other powers beyond those explicitly enumerated in the respective articles.
In conclusion, while the Constitution may not define government powers or individual rights in its preamble, it does provide checks and balances on government power and protects certain rights and liberties for individuals. The specific powers of the federal government and the rights of individuals are further clarified through amendments and court interpretations of the Constitution.
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Frequently asked questions
Yes, the right to keep and bear arms is a feature of the American Constitution.
No, this was only achieved with the Nineteenth Amendment, ratified in 1920.
The Supreme Court assumes the power to declare acts of Congress as unconstitutional, but it self-limits its passing on constitutional questions. It also seeks to maintain a balance between the states and the federal government.
The writers of the Constitution drew heavily upon the Magna Carta, the writings of Enlightenment rationalists, and English common law. The works of David Hume, an eighteenth-century Scottish philosopher, also influenced the thinking of the writers, particularly Benjamin Franklin.
