Jonah Patel
The US Constitution is the supreme law of the land, with the power to regulate government. It is considered the most difficult constitution in the world to amend. The document is a colossal merger, uniting a group of states with different interests, laws, and cultures. The preamble sets the stage for the Constitution, communicating the intentions of its framers and the purpose of the document. The Constitution establishes a federal system with a separation of powers, where the legislative, executive, and judicial branches each have their own powers and responsibilities. The President, for example, is the Commander in Chief of the Army, Navy, and Militia of the several States, and has the power to grant reprieves and pardons for offences against the US.
| Characteristics | Values |
|---|---|
| The US Constitution is | the supreme law of the land |
| the most difficult in the world to amend | |
| the highest law of the land | |
| vests legislative powers in a Congress of the United States | |
| vests executive power in the President of the United States of America | |
| requires the President to take an Oath of Affirmation to preserve, protect and defend the Constitution | |
| requires the consent of Congress for states to lay imposts or duties on imports or exports | |
| requires the consent of Congress for states to keep troops or ships of war in peacetime | |
| requires the consent of Congress for states to enter into agreements or compacts with other states or foreign powers | |
| allows federal courts to rule on whether branches of the national government conform to the Constitution | |
| requires ratification by three-fourths of state legislatures to amend |
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What You'll Learn
The US Constitution is hard to amend
The US Constitution is widely regarded as one of the most difficult constitutions in the world to amend. In over 230 years, there have only been 27 amendments. This is because the Framers, the men who wrote the Constitution, wanted the amendment process to be difficult, believing that a long and complicated process would help create stability in the United States.
Amending the Constitution requires navigating a labyrinth of approvals. First, two-thirds of both houses of Congress must pass the amendment. An amendment can also pass with a two-thirds vote at a national convention, but this has never happened before. Then, three-fourths of all states must ratify the amendment, either in their statehouses or at a special convention. This makes it very difficult to amend the Constitution, and many proposed amendments never reach ratification.
The current dynamics of constitutional politics have also thwarted coordination between the national and state governments, and between the two national political parties. This has resulted in a condition of constructive unamendability, with the constitution remaining frozen in the past and unable to be updated to reflect the needs, preferences, and values of each new generation.
Despite the challenges, constitutional reform has been achieved through the courts, rather than by constitutional amendment. For example, the legal death of the separate-but-equal regime in the United States occurred not through an amendment but through a Supreme Court opinion that interpreted the Constitution's Equal Protection Clause in a new way.
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The President must defend the Constitution
The President of the United States is sworn in with the oath of office, which includes a pledge to "preserve, protect and defend the Constitution of the United States". This is a solemn vow, taken by the President-elect before assuming office, to uphold the foundational document of the country and all that it entails.
The Constitution is the supreme law of the land, and the President, as the head of the executive branch, is bound by it. The President's duty to defend the Constitution is not merely symbolic but a legal and moral obligation. This means that the President must ensure that the federal government's actions are within the bounds of the powers granted by the Constitution. The President is also commander-in-chief of the armed forces and is responsible for ensuring that their use is in line with the Constitution.
The President's role in preserving the Constitution is critical, as the document outlines the rights and freedoms of Americans and the structure and powers of the government. The President, as the leader of the executive branch, has a unique role in interpreting and enforcing the Constitution. For example, the President can issue executive orders, which are directives that carry the force of law, but these must be within the scope of the executive power granted by the Constitution.
The President's duty to defend the Constitution also extends to the appointment of federal judges, who play a critical role in interpreting the document through judicial review. While the President does not directly interpret the Constitution like the courts, the power to appoint federal judges can shape how the document is understood and applied.
Finally, the President's duty to defend the Constitution is not just about their own actions but also about ensuring that other branches of government respect the document. This includes respecting the separation of powers outlined in the Constitution and checking that Congress and the judiciary are acting within their constitutional limits.
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Federal courts interpret the Constitution
The US Constitution establishes the federal judiciary, vesting the judicial power of the United States in the federal courts. 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."
The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It has original jurisdiction over a limited class of cases, such as suits between two or more states and cases involving ambassadors and other public ministers. These cases may be filed directly with the Supreme Court rather than reaching the Court on appeal. The federal courts' authority to hear cases outside this limited category depends on both the constitutional text and implementing statutes.
The Constitution permits Congress to decide how to organize the Supreme Court, and Congress first exercised this power in the Judiciary Act of 1789. This Act established a Supreme Court with six justices and created the lower federal court system. Over time, the number of seats on the Supreme Court has varied from five to ten, and today, there is one Chief Justice and eight Associate Justices.
One key feature of the federal judicial power is the power of judicial review, which allows federal courts to declare that federal or state government actions violate the Constitution. The Supreme Court's power of judicial review is not explicitly mentioned in the text of the Constitution but was established in the case of Marbury v. Madison in 1803. This power ensures that each branch of government recognizes the limits of its authority.
Federal judges, including Supreme Court justices, are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term, protecting the independence of the judiciary from political influence.
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The Constitution unites the states
The Constitution of the United States is the supreme law of the United States of America. It is the oldest and longest-standing written and codified national constitution in force in the world. The Constitution, which superseded the Articles of Confederation, came into force in 1789 and has been amended 27 times since.
The Constitution also outlines the rights and responsibilities of state governments and their relationship to the federal government. It establishes that the states cannot lay imposts or duties on imports or exports without the consent of Congress. Additionally, states cannot keep troops or ships of war in times of peace, enter into agreements with other states or foreign powers, or engage in war without Congress's consent.
The Constitution provides for the election of the President, with votes taken by states, and establishes the powers of the President, including their role as Commander-in-Chief of the Army, Navy, and Militia of the several States. It also outlines the process of impeachment and the consequences for counterfeiting securities and current coin.
The Constitution has been described as a "more perfect Union," uniting its citizens as members of a whole and vesting the power of the union in the people. It has been the subject of interpretation, supplementation, and implementation by federal constitutional law and has influenced the constitutions of other nations.
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The preamble is not law
The Preamble to the United States Constitution is a brief introductory statement outlining the Constitution's fundamental purposes and guiding principles. It is not a law in itself, but it sets the stage for the Constitution, communicating the intentions of its framers and the purpose of the document. The Preamble, which begins with the words "We the People", asserts that the government's sovereignty derives from the people and that it is intended to govern and protect "the people" directly, rather than just the states as political units.
While the Preamble may not carry much direct legal weight in a court of law, it is an important facet of the national dialogue on the country's founding document. Courts have referred to it as evidence of the Founding Fathers' intentions regarding the Constitution's meaning and their hopes for what it would achieve. The Preamble provides a broad framework that guides the interpretation of other provisions within the Constitution. For example, in McCulloch v. Maryland, Chief Justice John Marshall quoted the Preamble when arguing for the supremacy of the law of the "people" over state laws.
The Preamble has also been used to support the federal supremacy clause and to demonstrate that state nullification of federal law, dissolution of the Union, or secession are not contemplated by the Constitution. It has been interpreted to explain the nature of the governmental entity that the Constitution created, affirming that the "United States of America" consists of a single sovereign nation in the context of foreign affairs and international relations.
The Preamble's reference to "We the People" has been construed as affirming the social contract between the government and the people. However, this also means that there are limits on individual citizens' ability to pursue legal claims arising from the Constitution. While the Preamble may inspire and foster deeper understandings of the American system of government, it does not define government powers or individual rights.
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Frequently asked questions
The US Constitution is the supreme law of the land, uniting a group of states with different interests, laws, and cultures under one nation.
The US Constitution consists of a preamble and seven articles outlining the powers and responsibilities of the three branches of the US government: the legislative, executive, and judicial branches.
The President of the United States is the head of the executive branch and is commander-in-chief of the Army, Navy, and Militia of the several States. The President is elected for a term of four years and is responsible for executing the laws of the land, granting reprieves and pardons for offences against the US (except in cases of impeachment).
The US Constitution can only be amended through an extraordinary legislative process requiring a national proposal followed by state ratification. This process involves the legislatures of three-fourths of the states, making it one of the most difficult constitutions in the world to amend.
The US Constitution is significant as it establishes a federal system of government, outlining the rights and responsibilities of citizens and the government. It serves as a foundation for the rule of law and ensures that laws are applied fairly to everyone.
