Simone Lawson
The US Constitution is the supreme law of the United States of America. It consists of a preamble, seven articles, and 27 amendments. The preamble, drafted in 1787, sets the stage for the rest of the document, outlining the intentions of its framers. The seven articles make up the structural constitution, ratified in 1788, and embody the doctrine of the separation of powers, dividing the federal government into three branches: legislative, executive, and judicial. Amendments to the Constitution must be proposed and ratified before they can be added, and there are currently 27, including the Bill of Rights, which consists of the first ten amendments.
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What You'll Learn
The US Constitution is the supreme law of the land
The Supremacy Clause, introduced as part of the New Jersey Plan during the Federal Convention of 1787, establishes the Constitution and the laws of the United States made in pursuance thereof as the supreme law of the land. This means that federal laws and the Constitution take precedence over state laws, and judges in every state are bound by this. The Supremacy Clause also applies to treaties made under the authority of the United States, which are considered equally as supreme as federal statutes, with no superior efficacy given to either.
The Supreme Court plays a crucial role in interpreting and enforcing the Supremacy Clause. In cases where state laws conflict with federal laws or treaties, the Supreme Court interprets the lawmakers' intent and prefers interpretations that avoid preempting state laws unless necessary. For example, in Chy Lung v. Freeman, the Supreme Court ruled against the plaintiff's detention by California authorities, finding that the state statute conflicted with federal legislation's ability to regulate the admission of foreign citizens.
Additionally, the Supremacy Clause ensures that federal court rulings take precedence over state court rulings. In Ableman v. Booth, the Supreme Court held that state courts could not interfere with the judgments of federal courts and that federal courts had final jurisdiction in cases involving the Constitution and laws of the United States.
The US Constitution, through the Supremacy Clause, ensures that federal law, including treaties and federal court rulings, takes precedence over state laws and court rulings, thereby establishing its status as the supreme law of the land.
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It establishes a system of checks and balances
The US Constitution establishes a system of checks and balances by dividing the government into three branches: the legislative, executive, and judicial. This system ensures that no single branch has too much power and upholds the separation of powers.
The legislative branch, consisting of the Senate and the House of Representatives, is responsible for making laws. The executive branch, led by the President, can veto these laws, while the judicial branch can declare them unconstitutional. The executive branch enforces federal laws through federal agencies, with missions ranging from environmental protection to border security.
The Constitution outlines the powers and responsibilities of each branch, allowing them to check and balance each other. For instance, while the President can veto legislation, they require the Senate's consent to appoint executive officers and judges or enter into treaties.
The system of checks and balances in the US Constitution draws on ideas proposed by Greek statesman Polybius and further developed by French philosopher Baron de Montesquieu during the Age of Enlightenment. Montesquieu emphasised the need for a separation of powers to prevent despotism.
The US Constitution's system of checks and balances has been influential, with global organisations like NATO, the UN, the World Trade Organization, and the International Criminal Court employing similar mechanisms to check the power of different nations and individuals within these organisations.
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It outlines the rights and responsibilities of citizens
The US Constitution outlines the rights and responsibilities of citizens. The first three words of the document are "We the People", indicating that the Constitution is a document of, by, and for the people. The Constitution unites citizens as members of a whole, vesting the power of the union in the people.
The Constitution establishes a system of government that secures the rights and liberties of citizens. It outlines the structure and powers of the federal government, including the legislative, executive, and judicial branches. The legislative powers are vested in a Congress consisting of a Senate and House of Representatives. The Constitution sets out the qualifications and responsibilities of members of Congress, including the power to determine the rules of its proceedings, punish members for disorderly behaviour, and expel members with a two-thirds concurrence.
The Constitution also establishes the role of the President, including qualifications and limitations, such as term limits. It outlines the powers of the federal government to declare war, raise and support armies, and define and punish felonies and offences against the law of nations.
The Bill of Rights, comprising the first ten amendments to the Constitution, further outlines the rights and freedoms of citizens. It guarantees civil rights and liberties, including freedom of speech, freedom of the press, freedom of religion, and the right to assemble. The Ninth Amendment states that the listing of specific rights in the Constitution does not deny or disparage other rights retained by the people.
The Constitution also outlines certain responsibilities and restrictions for citizens, such as prohibiting those who have engaged in insurrection or rebellion against the Constitution from holding specific offices.
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It can be amended through a formal process
The US Constitution is a powerful document that has been amended numerous times throughout history to reflect the evolving needs and values of the nation. Amending the Constitution is a formal process that requires careful consideration and consensus-building. This process is outlined in Article V of the Constitution, which serves as the foundation for any modifications to this foundational text.
The process of formally amending the US Constitution typically begins with a proposal presented to both houses of Congress for discussion. A joint resolution is required, and two-thirds of both houses must agree on the proposed changes. This step alone is challenging due to the diverse political values held by members of Congress. Once the proposal passes through Congress, it moves forward without requiring the President's signature or approval.
The proposal is then forwarded to the National Archives and Records Administration (NARA), specifically to the Office of the Federal Register (OFR) within NARA. The OFR plays a crucial role in processing and publishing the joint resolution. They add legislative history notes and publish the resolution in slip law format, creating an information package for the states. This package includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification.
The Archivist of the United States, who heads NARA, submits the proposed amendment to the states for their consideration. Each state's governor receives a letter of notification, along with the informational material prepared by the OFR. The states then take centre stage in the amendment process, as ratification by three-fourths of the states (38 out of 50) is required for the proposal to become part of the Constitution. States can choose to ratify through their state legislatures or by calling for a convention.
During this stage, the OFR receives authenticated ratification documents from the states as they take action on the proposed amendment. Once the required number of ratification documents is met, the OFR drafts a formal proclamation for the Archivist to certify. This certification confirms the validity of the amendment, and it is published in the Federal Register and U.S. Statutes at Large. The amendment process is then officially complete, and the amendment becomes an integral part of the Constitution.
The formal amendment process for the US Constitution is a deliberate and lengthy endeavour. It ensures that any changes to the nation's foundational document reflect the will of the people and are firmly established in law. While challenging, this process has proven essential in shaping the United States' governance and safeguarding the rights and liberties of its citizens.
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It provides a framework for the federal government
The US Constitution provides a framework for the federal government by dividing political authority between the national government and its political subdivisions (the states). It establishes a system of federalism, which defines the relationship between state and federal governments.
The Constitution divides the federal government into three branches: legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much authority.
The legislative branch, or Congress, consists of the Senate and the House of Representatives. It is responsible for creating laws and providing support services to Congress. The House of Representatives is composed of members chosen every second year by the people of the various states, and the Electors in each state must meet the qualifications required for Electors of the most numerous branch of the State Legislature. Each House is responsible for judging the elections, returns, and qualifications of its members, and a majority constitutes a Quorum to conduct business.
The executive branch is led by the President, who serves as the head of state, leader of the federal government, and Commander-in-Chief of the armed forces. The President is supported by the Vice President, who can assume the role of President if the President is unable to serve. The executive branch is responsible for enforcing laws, handling international affairs, and providing for the defence of the nation.
The judicial branch establishes the Supreme Court and defines its jurisdiction, or authority to hear certain cases. The judicial branch also includes federal courts inferior to the Supreme Court. The Justices of the Supreme Court are nominated by the President and confirmed by the Senate. They can overturn unconstitutional laws.
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