Isabella Carter
The US Constitution is a concise document of about 7,500 words that outlines the country's fundamental principles and values. It is the oldest constitution currently in effect. The preamble, which is not part of the law, introduces the type of government the Founding Fathers were creating and communicates the intentions of the framers and the document's purpose. The preamble also outlines the five objectives of the Constitution: to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty. The Constitution outlines the US judicial system and grants federal courts criminal and civil contempt powers. It also includes principles such as federalism, limited government, popular sovereignty, republicanism, and separation of powers.
| Characteristics | Values |
|---|---|
| Federalism | A system of constitutional government in which power is divided into layers with several states on one level and an overarching federal government on another with authority balanced between the state and federal governments |
| Limited Government | The government has only the powers granted to it in the Constitution, and it can only conduct actions permitted by the Constitution |
| Popular Sovereignty | The Preamble to the Constitution is an introduction to the type of government the Founders were creating. Its opening phrase stresses that this government is made by the people and exists to represent, protect, and serve them |
| Republicanism | A system of government in the United States based on the concept of popular sovereignty and put into practice by the constitutional institutions and processes of representative government |
| Separation of Powers | The Constitution keeps the three branches of government (executive, legislative, and judicial) separate. The powers and responsibilities of each are described in a separate Article |
| Checks and Balances | The Supreme Court holds discretionary jurisdiction, meaning that it does not have to hear every case that is brought to it |
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The Preamble
- Establish Justice: This principle aims to create a fair and just society, ensuring equal treatment under the law.
- Insure domestic Tranquility: This principle seeks to maintain peace and order within the nation, promoting harmony among the people.
- Provide for the common defence: This principle ensures the protection of the nation and its citizens from external threats, focusing on national security.
- Promote the general Welfare: This principle emphasises the importance of the well-being of the people, including economic, social, and cultural aspects.
- Secure the Blessings of Liberty: This principle safeguards the freedoms and liberties of the people, protecting their rights and ensuring they can enjoy the benefits of freedom.
- Form a more perfect Union: This principle reflects the desire to create a strong and unified nation, improving upon the previous system under the Articles of Confederation.
These principles, agreed upon by the Framers during the summer of 1787 in Philadelphia, form the basis of the US Constitution and reflect the values and aspirations of the nation. They guide the interpretation and application of the laws outlined in the subsequent articles of the Constitution.
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Separation of Powers
The US Constitution is structured around the principle of separation of powers, dividing the federal government's powers between three separate branches of government: the legislature, the executive, and the judiciary. This structure was intended to prevent tyranny by a single branch, promote effective governance, and protect citizens' liberty. Each branch has distinct roles and powers, allowing them to operate independently and efficiently. However, there is also an overlap in their functions, enabling them to "check" and balance each other's actions.
The legislative branch, or Congress, holds the power to create laws. It consists of the Senate and the House of Representatives, with the power to pass laws vested in both bodies. Congress can also restrict the executive branch and terminate appointments through impeachment.
The executive branch is primarily led by the President, who becomes the Commander-in-Chief of the armed forces and has the power to make treaties, appointments, and ensure the execution of laws made by Congress. The President is empowered to enforce the laws with the assistance of subordinate officers, and their actions can be checked by the legislative and judicial branches.
The judiciary, or the court system, interprets the laws and ensures their fair application. The Supreme Court, as the highest judicial body, plays a crucial role in interpreting the Constitution and resolving disputes between the other two branches. In cases like Clinton v. City of New York (1998), the Supreme Court asserted the nondelegation doctrine, preventing Congress from delegating its lawmaking powers to the executive branch.
The separation of powers doctrine is a key feature of the US Constitution, designed to protect citizens' rights and ensure no single branch of government holds absolute power. This structure has been influential, with many countries adopting similar constitutional frameworks inspired by the US model.
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Federalism
Firstly, the proposed Constitution itself had to be ratified by nine of the thirteen popular state ratifying conventions to become the supreme law of the land. The people gave their consent to the representatives in the conventions to ratify the proposed Constitution. Secondly, the Senate represents state interests in the national government because senators are elected statewide. Thirdly, the Electoral College gives the states a powerful voice in presidential elections and ensures that people in all areas of the country are represented when selecting the president. Fourthly, the process of amending the Constitution requires the participation and approval of state legislatures or their conventions.
The Tenth Amendment is also particularly important for securing federalism because it ensures that the states retain all powers not granted to the national government. For example, state and local governments hold power within their borders over public schools, public health, regulation of trade, law enforcement, and roads. At the same time, the Constitution provides limits on states. Article I, Section 10 of the Constitution prevents states from exercising the legitimate powers of the national government over treaties, coining money, regulating foreign trade, and war powers.
The federal government is supposed to be a government of limited powers. However, the Supreme Court has frequently invoked certain constitutional provisions when determining that Congress has exceeded its constitutional powers and infringed upon state sovereignty. Federalism cases have always posed a dilemma for judges. Whenever the Supreme Court tries to cabin Congress's reach, the odds are that the analysis in the dissent will be sounder than that in the majority opinion. If the Justices don't act, they end up ignoring what most agree to be true—the federal government isn't supposed to be able to do anything it wants.
America's first attempt to codify federalism—the Articles of Confederation of 1781—failed. Replaced by the Constitution of 1787, this sturdy document and the government it established have survived the tenuous early days of the Republic, a Civil War, serious economic depressions, America's involvement in two World Wars, and 227 years of innumerable internal and external challenges.
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Limited Government
The concept of limited government is a political system where legal constraints are imposed on the power of political authorities. The principle of limited government is often associated with the protection of individual rights and liberties. The framers of the US Constitution included this principle to prevent centralized power and safeguard liberty. They were more concerned about a government doing something wrong than about a government with enough power to always do what was right.
The belief in limited government arose from the framers' opposition to the patterns of statism, absolutism, and totalitarianism that existed in the eighteenth century. They had witnessed how the British government had used its power to deprive American colonists of their liberty. As a result, the framers designed a constitution with checks on federal power, including a separation of powers into three branches, each with the ability to restrain the others, and a federal government with only enumerated powers.
The US Constitution establishes a strong and independent federal government, but it does so by granting specific enumerated powers. This means the federal government only possesses those powers specifically outlined in the Constitution. This is in contrast to state governments, which possess plenary power that must be limited by their respective constitutions.
While the principle of limited government was widely supported in the US for the first century and a half of the nation's existence, this belief waned in the 1930s with President Franklin D. Roosevelt's New Deal agenda. This expansion of federal government power to combat the Great Depression's effects led to a significant shift away from the idea of limited government, particularly among liberal activists who wanted a more active federal role in shaping society.
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Popular Sovereignty
The idea of popular sovereignty has its roots in ancient models of democracy in Greece and Rome, as well as in the Bible and a Bible-oriented worldview. In the Bible, the Creator God gives all mankind dominion over the earth and, therefore, earthly political power. This notion of popular sovereignty was further developed by Enlightenment thinkers and became a key principle during the American Revolution. The American revolutionaries sought to replace the sovereignty of King George III with a collective sovereign, composed of the people.
Joel H. Silbey notes that the "justification of the American Revolution and republican government—as opposed to the monarchical forms of government in Europe—rested on the theory of popular sovereignty." This theory established the basic premise of American political life: that the sole legitimacy of a government rests on the consent of the people. The American example of popular sovereignty has since become a world-class standard of legitimacy for governments in the 21st century.
However, it is important to note that popular sovereignty does not imply any particular political implementation. It can be immediate, with people making laws themselves, or mediated through elected representatives. It can be ultimate, with people having a veto over legislation, or less dramatic, with people having a voice in elections.
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