Omar Bennett
The US Constitution, as transcribed by Jacob Shallus, outlines the country's core principles and the federal system, which is considered a critical part of the American constitutional order. The Constitution has been extensively copied and has influenced all later constitutions worldwide. The document establishes a division of power between state and national governments, with the federal government only possessing powers specifically granted to it by the Constitution. The Bill of Rights was added to the Constitution to limit government power and safeguard individual liberty, with amendments outlining due process of law, search and seizure protections, and rights of the accused. The Constitution also grants Congress the power to lay and collect taxes, regulate commerce, establish uniform rules, and promote scientific progress. The President, meanwhile, is the Commander in Chief of the Army, Navy, and Militia of the States and has the power to grant reprieves and pardons for offences against the US.
| Characteristics | Values |
|---|---|
| Powers of the government | The US government has limited powers and can only exercise those specifically granted to it by the Constitution. |
| Division of power | The federal system, or the division of power between state and national government, is considered a critical part of the American constitutional order. |
| Rights of the accused | The accused shall enjoy the right to a speedy and public trial, by an impartial jury, to be informed of the nature and cause of the accusation, to be confronted with witnesses against them, to obtain witnesses in their favor, and to have the assistance of counsel for their defense. |
| Search and seizure | The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications. |
| Due process | The government must follow duly-enacted laws when it seeks to restrict or deny fundamental rights, including a person's rights to life, liberty, or property. |
| Oath of Office | The President shall take an Oath to "preserve, protect and defend the Constitution of the United States" before executing their office. |
| Commander-in-Chief | The President shall be the Commander-in-Chief of the Army and Navy of the United States and of the Militia of the several States. |
| Powers of Congress | Congress has the power to lay and collect taxes, duties, imposts, and excises; to borrow money; to regulate commerce; to establish uniform rules of naturalization and bankruptcy; to coin money; to provide for the punishment of counterfeiting; to promote the progress of science and useful arts; to constitute tribunals inferior to the Supreme Court; and to define and punish piracies. |
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What You'll Learn
Division of power between state and national government
Federalism is a basic concept embodied in the US Constitution, referring to the division and sharing of power between the national and state governments. The US Constitution allocates powers to the states and federal government, structures the relationship between these two levels of government, and guides state-to-state relationships.
The Framers of the Constitution sought to preserve liberty by dividing power between the national government and the states. They wanted to establish a unified national government with limited powers while maintaining a sphere of autonomy for state governments to exercise a general police power. This diffusion of power prevents tyranny and enhances freedom.
The US Constitution is different from a unitary system, which concentrates authority in the national government, and from a confederation, which concentrates authority in subnational governments. Instead, the US Constitution adopts a federal system, where power is shared between the national and state governments.
The following parts of the Constitution detail the powers and limitations of the federal and state governments: Article I, Section 8; the supremacy clause of Article VI; the Tenth Amendment; Article I, Sections 9 and 10; the Bill of Rights; the Fourteenth Amendment; and the civil rights amendments.
The three branches of government in the US are the legislative branch (Congress), the executive branch (led by the President), and the judicial branch (headed by the Supreme Court). Each branch has specified duties and is independent of the others, although there is some overlap in their functions.
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Rights and liberties
The US Constitution establishes civil liberties, which protect individuals against government actions that infringe upon certain fundamental rights. The Constitution also protects civil rights, which refer to equal treatment under the law and freedom from discrimination.
The Bill of Rights, which consists of the first ten amendments to the Constitution, was added because the original document lacked limits on government power. The Federalists, who advocated for a strong national government, believed that the people and states automatically kept any powers not given to the federal government. On the other hand, the Anti-Federalists wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty.
The first four amendments to the Bill of Rights pertain to liberty. The First Amendment protects the freedom of religion, speech, and the press, as well as the right to peaceably assemble and petition the government. The Second Amendment protects the right to keep and bear arms, citing the importance of a well-regulated militia. The Third Amendment prohibits the quartering of soldiers in private homes without the owner's consent. The Fourth Amendment protects people against unreasonable searches and seizures of themselves or their property.
The Ninth and Fourteenth Amendments have been used to claim rights to personal liberty. The Fourteenth Amendment, passed in 1870, grants citizenship to all persons born or naturalized in the United States and prohibits states from violating the privileges or immunities of citizens. It also includes the due process clause, which states that no person shall be deprived of life, liberty, or property without due process of law.
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Presidential duties
The US Constitution outlines the presidential duties and powers of the President. The President of the United States holds office for a term of four years and is elected alongside the Vice President. The President is the Commander in Chief of the US Army, Navy, and the State Militia when called into actual service. They have the power to grant reprieves and pardons for offences against the US, except in cases of impeachment.
The President's duty to preserve, protect and defend the Constitution is paramount. This includes the faithful execution of the laws, where the President may neither breach federal law nor order their subordinates to do so. The President's duty to enforce the laws is a complex issue, with critics arguing that non-enforcement of a law is a violation of their duties, while others suggest that the President has discretion in how to enforce a law.
The Take Care Clause, found in Article II, Section 3, has been interpreted to grant the President wide discretion to disregard laws they believe are unconstitutional, although this is a contested issue. The President's power is balanced by the ability to impeach and remove them from office for treason, bribery, or other high crimes and misdemeanors.
The President's duty, therefore, is to uphold and execute the laws and the Constitution, while their powers include those of Commander in Chief and the ability to grant pardons, all within the limits set by the Constitution and the checks and balances of the other branches of government.
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Congressional power
The United States Congress is made up of the House of Representatives and the Senate, established by Article I of the Constitution. The Constitution grants Congress the authority to enact legislation and declare war, confirm or reject Presidential appointments, and substantial investigative powers.
Congress also has the power to make all laws that are deemed "necessary and proper" for executing the powers given to the government under the Constitution. This includes the establishment of an annual budget, levying taxes, and authorizing borrowing if necessary. Congress can also mandate spending on specific items through legislatively directed spending, commonly known as "earmarks."
Congress has oversight over the executive branch, including conducting hearings and investigations to ensure effective and efficient use of taxpayer dollars. They can also confirm or reject many Presidential appointments.
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State ratification of the Constitution
The US Constitution was drafted by the Constitutional Convention, which first met on May 25, 1787, at the Pennsylvania State House in Philadelphia. The Convention's goal was to revise the Articles of Confederation, which had served as the framework for the US government following the American Revolution. The final document was signed on September 17, 1787, marking the beginning of the ratification process.
The ratification process involved submitting the proposed Constitution to the thirteen states for approval by the people in state conventions. This process began with Delaware, which became the first state to ratify the Constitution on December 7, 1787. This was followed by ratifying conventions in several other states, including Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, and South Carolina.
By June 21, 1788, nine of the thirteen states had ratified the Constitution, making it the official framework for the government of the United States. The remaining four states, including Rhode Island, would eventually ratify the Constitution by May 29, 1790.
The process of state ratification highlighted the divide between Federalists and Anti-Federalists. Federalists, who advocated for a strong national government, believed that the people and states retained any powers not specifically granted to the federal government. On the other hand, Anti-Federalists favoured power remaining with state and local governments and pushed for a bill of rights to safeguard individual liberty.
The Bill of Rights was eventually added to the Constitution to address concerns about limits on government power. Madison, a member of the US House of Representatives at the time, made changes to the Constitution's text, which were presented as a list of amendments. The House approved 17 amendments, of which the Senate approved 12, and these were sent to the states for approval in August 1789.
The state ratification of the US Constitution was a critical step in establishing the framework for the US government and protecting the rights of Americans. It also set a precedent for the division of power between state and national governments, a key principle of the American constitutional order.
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