Omar Bennett
The US Constitution, ratified in 1787, establishes a federal government with three branches: the executive, legislative, and judicial. It outlines the powers and responsibilities of each branch, including the roles of the President, Congress, and the Supreme Court. While the Constitution is a foundational document, it does not encompass every aspect of governance. Notably, it does not explicitly mention the term martial law or specifically provide for an Air Force, Coast Guard, or the other uniformed services, apart from the Army and Navy. The Constitution also leaves certain matters, such as education, to the states. Additionally, the concept of the presumption of innocence is not explicitly codified in the text, and the Constitution has been amended over time to address issues like the prohibition of intoxicating liquors.
| Characteristics | Values |
|---|---|
| Presumption of innocence | Not mentioned, but part of the US justice system |
| Air Force | Not mentioned, but Coast Guard and Navy are |
| Martial law | Not mentioned, but suspension of habeas corpus is |
| Education | Not mentioned, a matter for the states |
| Amendments | Can be proposed by Congress or state legislatures |
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What You'll Learn
- The US Constitution does not mention the terms martial law or law martial
- The presumption of innocence is not codified in the text of the Constitution
- The Air Force is not specifically provided for in the Constitution
- The US Constitution does not mention education
- The concept of slavery is in the original Constitution, but the word is not
The US Constitution does not mention the terms martial law or law martial
The United States Constitution, a foundational document that outlines the country's governing principles and structures, notably avoids any mention of the terms "martial law" or "law martial." This absence carries significant implications for how the government can respond to emergencies and how individual freedoms are protected during such crises. Martial law refers to the temporary imposition of direct military control over normal civilian functions by a government, often in response to a perceived or actual crisis, such as a natural disaster, civil unrest, or an external attack.
The absence of any explicit mention of martial law in the US Constitution is intentional and reflects the Founding Fathers' wariness of concentrating too much power in the hands of the military or the executive branch. The Constitution, instead, establishes a system of checks and balances, dividing powers among the legislative, executive, and judicial branches to prevent any one entity from wielding unchecked authority. By omitting any reference to martial law, the Constitution ensures that the country is governed by civilian authorities, with the military playing a subordinate role.
This omission, however, does not mean that the US government lacks the ability to respond effectively to emergencies. The Constitution's flexibility allows for adaptations that enable the government to address crises while maintaining civilian control. For instance, the Insurrection Act of 1807 provides a legal framework for the President to deploy federal troops within the US to address certain types of emergencies, such as suppressing a rebellion or enforcing federal authority.
Additionally, the Constitution's lack of reference to "law martial" or martial law reinforces the primacy of civilian law and the rights enshrined in the Constitution and the Bill of Rights. This ensures that even during emergencies, core constitutional protections, such as the right to due process, freedom of speech, and the right to bear arms, remain intact. The absence of martial law in the Constitution also underscores the importance of federalism, with states playing a crucial role in emergency response and the maintenance of public order.
While the US government has, on rare occasions, implemented something akin to martial law, such as during the Civil War and in the aftermath of the Japanese attack on Pearl Harbor, these instances were extraordinary and did not involve a formal declaration of martial law. Instead, the government relied on existing constitutional provisions and legislation to address the crises while maintaining civilian control and safeguarding fundamental rights.
In conclusion, the US Constitution's silence on the terms "martial law" or "law martial" is a deliberate omission that reflects the Founding Fathers' commitment to civilian control, the protection of individual liberties, and the maintenance of a balanced system of government. This absence ensures that the US government can effectively respond to emergencies while preserving the freedoms and rights that form the bedrock of American democracy.
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The presumption of innocence is not codified in the text of the Constitution
The "presumption of innocence" is not explicitly mentioned in the US Constitution, though it is considered a basic right in the US justice system. The Fifth Amendment's due process clause and the Fourteenth Amendment, which extends the Bill of Rights to the states, are generally understood to imply this principle. The Sixth Amendment has also been cited in this regard.
The presumption of innocence is a fundamental aspect of due process, which holds that the government cannot deprive individuals of their freedom or property without following the proper procedures. In the context of criminal justice, due process means that a person is presumed innocent until proven guilty, and the burden of proof falls on the prosecution to demonstrate guilt beyond a reasonable doubt. This right is enshrined in various international human rights instruments, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Rome Statute of the International Criminal Court.
While the US Constitution does not explicitly mention the presumption of innocence, it has been recognized in Supreme Court decisions, including the landmark case of Coffin v. United States in 1895. Additionally, the Constitution provides other protections for defendants, such as the right to legal representation and the right to remain silent.
The absence of an explicit mention of the presumption of innocence in the US Constitution is notable, especially considering that some other countries, such as France, Iran, Italy, Colombia, Brazil, Canada, New Zealand, and South Africa, have explicitly included this right in their constitutions or legal codes.
In summary, while the US Constitution does not explicitly state the presumption of innocence, it is a fundamental principle of the US justice system, derived from the Fifth, Sixth, and Fourteenth Amendments, and reinforced through Supreme Court interpretations and additional constitutional protections for defendants.
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The Air Force is not specifically provided for in the Constitution
The Constitution of the United States was ratified in 1787, long before the advent of the airplane. It specifically provides for a navy and an army in Article 1, Section 8. While the Framers were aware of lighter-than-air flying craft, they could not have reasonably foreseen the creation of an Air Force. It is worth noting that the Constitution does not specifically provide for other uniformed services such as the Marines and Coast Guard.
The absence of the Air Force from the Constitution can be attributed to the timing of its establishment. The Constitution was drafted and ratified in the late 18th century, a time when aviation technology was still in its infancy. The first successful airplane flight by the Wright Brothers occurred in 1903, over a century after the Constitution was established. Therefore, it is understandable why the Framers of the Constitution did not include specific provisions for an Air Force.
However, this does not mean that the establishment of the Air Force is unconstitutional. The Constitution grants Congress the authority to "raise and support Armies" and "provide for the common Defense." The creation of the Air Force can be interpreted as a reasonable extension of these powers. In Laird v. Tatum, Justice Douglas argued for a broader interpretation of the term "armies", suggesting that it should include the Air Force. Additionally, the Necessary and Proper Clause has been interpreted to allow Congress to use appropriate means to achieve legislated acts within its powers, which includes providing for national defense.
Furthermore, the establishment of the Air Force as a separate branch of the military in 1947 did not create a constitutional crisis. Prior to 1947, air combat was a part of the Army, and the reorganization simply transferred the Army Air Force into a new military department. This reorganization was a practical decision made by Congress to better manage and specialize the military forces under their control.
In conclusion, while the Air Force is not specifically mentioned in the Constitution, its establishment and existence are constitutionally valid. The Constitution grants Congress the power to create and maintain a fully capable armed force, and the Air Force is a critical component of modern military capabilities. The absence of specific terminology does not render the Air Force unconstitutional, as the Framers intended to provide for the common defense and grant Congress the flexibility to adapt to new technologies and military needs.
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The US Constitution does not mention education
The US Constitution, which was ratified in 1787, does not explicitly mention education. The Tenth Amendment states that any power not explicitly granted in the Constitution is reserved for the states, and so education is a matter for the states to decide upon. The Fourteenth Amendment has been used as a tool in education lawsuits, but the Supreme Court has been clear that education is "not among the rights afforded explicit protection under our Federal Constitution".
In the 1973 case of San Antonio Independent School District v. Rodriguez, parents from the low-income, predominantly Hispanic Edgewood district argued that it was discriminatory for their schools to receive only $37 per pupil while the wealthier Alamo Heights neighbourhood received $413 per student. A three-judge panel in Texas agreed with the parents and went a step further by calling education a fundamental right, citing the Equal Protection Clause of the 14th Amendment. However, when the State of Texas appealed to the US Supreme Court, the justices delivered a 5–4 decision overturning the Texas judges’ words. The majority opinion asserted that Texas had not violated its constitution and that education is not a fundamental right.
Another notable case concerning education is Gary B. v Snyder, which once again put to the test the question of whether education is a constitutional right protected under the Fourteenth Amendment. The answer, fortunately, is still no – there is no federally protected constitutional right to education, at least for now. However, decisions played out in Gary B. that could lead to a change in the federal role in education, including in Kansas, based on the interpretation of a single judge.
Despite education not being directly addressed in the Constitution, the equal protection clause of the 14th Amendment has been applied to educational issues. It was this clause that provided the basis for the 1954 Brown v. Board of Education decision that laid the foundation for dismantling racial segregation in schools through a Supreme Court ruling that declared separate educational facilities for black and white students were inherently unequal. Research shows that students who attend integrated schools have higher levels of academic achievement and improved critical thinking and communication skills.
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The concept of slavery is in the original Constitution, but the word is not
The United States Constitution, ratified in 1789, is often criticised for its failure to address the issue of slavery. While the word "slavery" does not appear in the Constitution, the concept is certainly present.
The Constitution included a number of provisions related to slavery. For example, Article 1, Section 9, Clause 1, prohibited the federal government from banning the importation of "persons" into states where it was legal, for twenty years after the Constitution took effect. This was a compromise between the Southern states, where slavery was vital to the economy, and the Northern states, where abolition had been achieved or was desired. This clause, known as the Slave Trade Clause, was no longer constitutionally relevant after 1808, when it expired. However, it remains in the Constitution and still holds cultural and political relevance.
The Three-Fifths Clause, in Article 1, Section 2, Paragraph 3, is another example of a provision that directly responded to the practice of slavery. This clause provided that the apportionment of representatives would be based on the population of free persons, excluding "Indians not taxed" and "three-fifths of all other persons". The "other persons" referred to were, of course, slaves. This clause gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
The Fugitive Slave Clause, in Article IV, Section 2, required the return of runaway slaves to their owners. This clause did not refer specifically to slaves, but to "Persons held to Service or Labour", and was another way in which the Constitution entrenched slavery.
The framers of the Constitution consciously avoided using the word "slavery", recognising that it would sully the document. Many of the framers had moral qualms about slavery, and some were members of anti-slavery societies. However, they believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. As a result, the Constitution can be interpreted as both pro-slavery and anti-slavery, and the issue of slavery contributed to the Civil War.
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