Jonah Patel
The US Constitution is a set of principles that determine the powers and duties of the government. It also outlines the rights and freedoms of citizens, such as the right to free speech. The Constitution is more than just the Bill of Rights; it also lays out the enumerated powers of the federal government, including the powers of Congress. The Constitution is protected by the Supreme Court, but also by every branch of the government, which has an equal responsibility to uphold it.
| Characteristics | Values |
|---|---|
| Protecting freedom and liberty | Secure the blessings of liberty to ourselves and our posterity |
| Protecting the Constitution | Every branch of government has an equal responsibility to uphold the Constitution |
| Protecting the right to free speech | Freedom of expression, thought, and criticism of the government |
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What You'll Learn
The Constitution's purpose is to protect people's freedom and liberty
The Constitution is a set of principles that the United States of America was founded on. Its purpose is to protect the freedom and liberty of the people. The Constitution lays out the powers of the federal government and the duties of Congress. It also includes the Bill of Rights, which protects the right to free speech, the separation of church and state, freedom of expression, freedom of thought, and freedom to criticise the government.
Congressman Warren Davidson has stated that protecting the Constitution is the responsibility of every branch of government, not just the Supreme Court. He has also stated that he will not vote for any law that is not constitutionally justified. This is because the Constitution is a set of principles that the nation was founded on, rather than a territorial or ethnic identity.
The Constitution begins with "We the people", emphasising that it is for the people and by the people. It is a social contract that outlines the basic principles and laws that determine the powers and duties of the government. The six purposes of the government listed in the preamble are to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity.
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The First Amendment
The right to petition for redress of grievances was a principle included in the 1215 Magna Carta, as well as the 1689 English Bill of Rights. In 1776, the second year of the American Revolutionary War, the Virginia colonial legislature passed a Declaration of Rights that included the sentence "The freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic Governments."
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The Second Amendment
In District of Columbia v. Heller (2008), the Supreme Court handed down a landmark decision that held the amendment protects an individual's right to keep a gun for self-defence. This was the first time the Court had ruled that the Second Amendment guarantees an individual's right to own a gun. The Supreme Court has also clarified that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment against state and local governments.
In Caetano v. Massachusetts (2016), the Supreme Court reiterated its earlier rulings that "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding" and that its protection is not limited to "only those weapons useful in warfare".
Despite the ongoing debate and judicial interest in the Second Amendment, scholars of American history and law generally agree that it is a key part of the Constitution.
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The Fourth Amendment
The overriding function of the Fourth Amendment is to protect personal privacy and dignity against unwarranted intrusion by the State. The Fourth Amendment's core is the right to retreat into one's own home and be free from unreasonable governmental intrusion.
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The Constitution lays out the powers of Congress
Congress often passes laws that go beyond the authorities listed in the Constitution, or unconstitutionally delegates its powers to the executive branch. The Constitution is founded on principles, not a territorial or ethnic identity. It is the job of Congress to counterbalance the Supreme Court and the President when they veer off course.
The Constitution also protects the right to free speech, which has been controversial due to its involvement with freedom of expression, freedom of thought, and freedom to criticize the government. During wartime, the government has suppressed speech that it considers subversive, such as urging citizens to refuse to be drafted into military service.
The purpose of the Constitution is to protect the people's freedom and liberty, and to promote the general welfare.
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Frequently asked questions
The purpose of the Constitution is to protect the people's freedom and liberty.
The Supreme Court is responsible for upholding the Constitution, but every branch of government has an equal responsibility to do so.
Congress is responsible for counterbalancing the Supreme Court and the President if they veer off course. Congress must also ensure that it does not pass laws that go beyond the authorities listed in the Constitution.
The President must not govern by pen through Executive Orders and unilateral executive actions.
The right to free speech is protected by the Constitution, but the government has acted to restrict speech in radio and television broadcasting if it involves obscenity.
