The Written Constitution: Establishing The Foundations Of Governance

A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a country, organization, or other types of entities, and determines how that entity is governed. When these principles are written down into a single document or set of legal documents, they are said to embody a written constitution. The US Constitution, for example, establishes a more perfect union, justice, domestic tranquility, common defense, general welfare, and liberty. The UK, Canada, and New Zealand have constitutional provisions that are older than the US Constitution and are still in force. The first written constitution of an independent polity was the 1755 Corsican Constitution.

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The US Constitution outlines the goals of the people

> "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."

This preamble sets the stage for the Constitution, communicating the intentions of its framers and its purpose. The preamble is not a law, but rather an introduction to the highest law of the land. It outlines the basic principles that "We the People" aspire to for our government and way of life as a nation. These principles include establishing justice, ensuring domestic tranquility, providing for the common defence, promoting general welfare, and securing liberty.

The Constitution goes on to outline the structure of the 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 executive power is vested in the President, who holds office for a term of four years and is responsible for executing the laws and administering the government. The judicial branch interprets the laws and ensures that they are applied fairly.

The Constitution also establishes certain rights and freedoms, such as the right to free speech, religion, and assembly. It guarantees due process of law and protects against unreasonable searches and seizures. The Constitution also outlines the process for amending itself, recognizing that it may need to evolve as the nation changes.

Overall, the US Constitution reflects the goals and aspirations of the people of the United States, seeking to establish a just, peaceful, and prosperous nation with a government that is of, by, and for the people.

The President's powers are outlined

The US Constitution outlines the powers of the President in Article II, which establishes the Executive Branch of the federal government. The Executive Vesting Clause, in Section 1, Clause 1, provides that the federal executive power is vested in the President, who is elected for a four-year term.

Section 2 of Article II defines specific presidential powers. Clause 1 describes exclusive presidential powers: the Commander-in-Chief authority, the power to require written opinions from the heads of executive departments, and the pardon power. Clause 2 defines the powers that the President shares with Congress, including the power to make treaties and appoint ambassadors, ministers, consuls, and judges. Clause 3 expands on appointments, granting the President the power to make temporary appointments during Senate recess. It also requires the President to give Congress information on the state of the union and authorizes the President to recommend legislative measures and, in extraordinary circumstances, convene or adjourn Congress.

Additionally, the President has the power to approve or veto legislation passed by Congress, write checks pursuant to appropriation laws, and commission the officers of the United States. The President's authority also extends to foreign affairs, with the power to speak or listen as a representative of the nation.

While the President is not intended to be a lawmaker, the Court has recognized that officials appointed by the President, even within the Executive Branch, may exercise quasi-legislative or quasi-judicial powers.

The Supreme Court interprets the Constitution

The United States Constitution establishes the Supreme Court, but it also permits Congress to decide how to organize it. The Judiciary Act of 1789 was the first instance of Congress exercising this power, creating a Supreme Court with six justices and establishing the lower federal court system.

Article III, Section I of the Constitution 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 establishes the federal judiciary and gives Congress the power to organize the Supreme Court.

Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court, or its legal ability to hear a case. The Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors and other public ministers. It also has appellate jurisdiction on almost any other case that involves a point of constitutional or federal law.

The Supreme Court's best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but was established by the Court in the case of Marbury v. Madison (1803). In this case, the Court decided that an Act of Congress that is contrary to the Constitution could not stand, as the Constitution is the supreme law of the land.

The Supreme Court has also established its authority to strike down state laws found to be in violation of the Constitution. After the passage of the Fourteenth Amendment in 1869, the Supreme Court began ruling that most of the provisions of the Bill of Rights were applicable to the states as well. This gave the Court the final say over when a right is protected by the Constitution or when a Constitutional right is violated.

The most commonly cited source of constitutional meaning is the Supreme Court's prior decisions on questions of constitutional law. This is known as judicial precedent and provides principles, rules, or standards to govern judicial decisions in future cases with similar facts.

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The UK has an uncodified constitution

The United Kingdom is often described as having an "unwritten" constitution, but this is not entirely accurate. While the UK does have a constitution, it is uncodified, meaning it is not contained in a single document. Instead, the UK constitution is made up of various written and unwritten sources, including statutes, court judgments, conventions, and treaties.

The UK's uncodified constitution gives the government a great deal of flexibility. It allows the government to act nimbly and respond to current issues. For example, the flexibility of the uncodified constitution enabled the introduction of the Human Rights Act, devolution to Scotland, Wales, and Northern Ireland, and the creation of the Supreme Court. The UK's constitution can be easily amended, as no provisions are formally entrenched. This flexibility can be seen as a benefit, as it allows the government to meet current demands and be accountable to the people.

However, the uncodified nature of the UK's constitution also has its drawbacks. One of the main disadvantages is that it is harder to understand than a codified constitution. Additionally, the lack of a formal, written constitution means that there is no entrenched source of constitutional law, and parliamentary sovereignty allows Parliament to overrule fundamental rights. This gives the government the power to make decisions that may harm the rights of its citizens. For instance, UK data retention laws allow the government to retain personal data for an extended period, which is considered an invasion of privacy.

The UK's uncodified constitution has multiple guardians, including the Supreme Court, the House of Lords Constitution Committee, the Commons Public Administration and Constitutional Affairs Committee, the Lord Chancellor, and specific constitutional watchdogs such as the Judicial Appointments Commission and the Electoral Commission. In the absence of a codified constitution, Parliament is the ultimate guardian and source of sovereignty. This means that ultimate power lies with the elected representatives of the people, rather than an unelected judiciary, which some argue is a benefit of the UK's system.

The US Constitution is amended by Congress

The US Constitution is a document that outlines the fundamental principles and laws of the United States of America. It establishes a federal system of government, with a separation of powers between the executive, legislative, and judicial branches. The Constitution is a written document, and as such, it can be amended through a formal process.

The US Constitution grants Congress the authority to propose amendments, as outlined in Article V of the Constitution. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval.

Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The proposed amendment is then submitted to the states for their consideration. Each state's governor receives a letter of notification, along with informational material, and they formally submit the amendment to their state legislatures.

In the past, some states have acted on proposed amendments without waiting for official notice. When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist, who then conveys it to the Director of the Federal Register for examination and custody. The Office of the Federal Register (OFR) examines the ratification documents for facial legal sufficiency and an authenticating signature.

If the required number of authenticated ratification documents is received by the OFR, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process has been completed. The signing of this certification has, in recent times, become a ceremonial event attended by dignitaries, including the President.

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