Malcolm Rivera
The US Constitution is a federal and constitutional republic, meaning that the people elect representatives to serve in political office and that both citizens and officials are bound by the rules established in the Constitution. The Constitution establishes a division of power between federal and state governments, with the federal government being given limited powers and state governments retaining most powers. The Constitution also outlines the process for making amendments, with Congress proposing amendments and states ratifying them. The first ten amendments, known as the Bill of Rights, were ratified in 1791 and limited federal power by protecting individual rights and state authority. The political question doctrine limits the ability of federal courts to hear constitutional questions, even if other justiciability requirements are met. The term political question originates from Chief Justice John Marshall's opinion in Marbury v. Madison, but federal courts deal with political issues all the time. The Constitution also includes the Supremacy Clause in Article VI, which establishes federal law as superior to state law.
| Characteristics | Values |
|---|---|
| Separation of Powers | To ensure that the United States does not have too much power in one branch of government |
| Rule of Law | The Constitution is the nation's fundamental law |
| Federalism | A federal government is given only limited powers, while state governments retain most powers of government |
| Republicanism | The principle that "all men are created equal" entails a republican form of government |
| Democracy | The people select some of their members to temporarily serve in political office |
| Individual Rights | The Constitution lists the structures and protections of individual rights |
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What You'll Learn
The US Constitution is a federal and constitutional republic
The US Constitution is the nation's fundamental law, outlining the core values of its people and the rules and structures of its federal and state governments. It is a federal and constitutional republic, meaning that the people select representatives to serve in political office, and both citizens and officials are bound by the rules established in the Constitution.
The Constitution was written to ensure that the government remained bound to its principles and promises, and to unite a group of states with different interests, laws, and cultures. It establishes a federal system of national law, with a division of powers between the federal government and state governments. The federal government is given limited powers, while state governments retain most powers. This separation of powers is a key feature of the Constitution, ensuring that no one branch of government holds too much power.
The Constitution also establishes the role of the judiciary as an "intermediate body between the people and their legislature," responsible for interpreting the Constitution and any laws passed by Congress. The Supreme Court, in particular, decides Constitutional issues of state law on a case-by-case basis, independent of state legislators' motives or policy outcomes.
The Constitution's status as the supreme law of the land is reflected in its preamble, which sets out the intentions of its framers and the aspirations of "We the People" for their government and way of life. The first ten amendments to the Constitution, known as the Bill of Rights, further protect individual rights and limit federal power. These amendments include the right to freedom of religion, speech, equal treatment, and due process of law.
The US Constitution, with its federal and constitutional republican form of government, has been a lasting document that has shaped the nation's political system and protected the rights and liberties of its citizens.
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The Constitution establishes a division of power
The US Constitution establishes a separation of powers, dividing power between the three branches of government: the executive, legislative, and judicial. This principle, borrowed from the French noble and scholar Montesquieu, is woven throughout the Constitution to prevent too much power from being concentrated in a single branch of government.
Article II of the Constitution establishes the executive branch, stating that " [t]he executive Power shall be vested in a President of the United States of America." The Framers, influenced by their experience with a strong chief executive in George Washington during the Revolutionary War, recognised the importance of a robust executive. While the President has commander-in-chief powers, Congress generally must declare war before the President can engage in armed conflict. Additionally, Congress controls funding for the military and is responsible for raising armies.
Article III of the Constitution establishes the judicial branch, which holds the judicial power of the United States. Article III states that " [t]he judicial Power shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This branch operates independently, with judges and juries empowered to interpret and apply laws without interference from the executive or legislative branches.
The legislative branch, represented by Congress, serves as the mechanism for the people to shape the country's laws and policies. Citizens elect their senators and representatives, who propose, debate, and vote on legislation. Congress can also override a presidential veto and pass laws without the President's signature. Furthermore, Congress holds the power of impeachment for elected and nominated officials.
The separation of powers is evident in the relationships established by the first three Articles of the Constitution among the branches of government. For instance, Article I, Section 7 requires that legislation passed by Congress be presented to the President for signature or veto before becoming law. Additionally, the Supreme Court's interpretation of Article VI in Marbury v. Madison affirmed the Constitution's supremacy over other federal laws, preventing Congress from exceeding its legislative power.
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The political question doctrine limits federal courts
The political question doctrine is a legal term that refers to the principle that some issues are either entrusted solely to another branch of government or are beyond the competence of the judiciary to review. It is rooted in case law and has been applied by the Supreme Court in several key cases, including Marbury v. Madison (1803), Oetjen v. Central Leather Co. (1918), and Baker v. Carr (1962).
Marbury v. Madison established the power of judicial review, which allows courts to decide whether a law is constitutional. However, it also hinted at limits to this power, suggesting that some issues are exclusively for other government branches to decide. This laid the groundwork for the political question doctrine.
In Oetjen v. Central Leather Co., the Supreme Court found that the conduct of foreign relations is the sole responsibility of the Executive Branch. As a result, cases challenging the way the Executive Branch exercises this power are considered political questions.
Baker v. Carr is often cited as the leading case on the political question doctrine. In this case, the Supreme Court outlined six factors for determining when a court should refrain from deciding a case:
- A textually demonstrable constitutional commitment of the issue to a coordinate political department;
- A lack of judicially discoverable and manageable standards for resolving it;
- The impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion;
- The impossibility of a court's undertaking independent resolution without expressing a lack of respect due to coordinate branches of government;
- An unusual need for unquestioning adherence to a political decision already made;
- The potentiality of embarrassment from multifarious pronouncements by various departments on one question.
While the political question doctrine provides important limits on federal courts, it has also been criticised for its lack of clarity. Some commentators have dismissed the Baker criteria as "useless in identifying what constitutes a political question". There has also been disagreement among judges regarding the identification of political questions and the fundamental principles underlying the doctrine.
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The Constitution is the supreme law of the land
The Constitution of the United States is the supreme law of the land. It establishes a federal and constitutional republic, outlining the rules and structures of government and the protections of individual rights. The Constitution is founded on the principles of self-government and "the consent of the governed", with "We the People" at its core.
The Constitution's status as the supreme law of the land operates in two ways. Firstly, it creates a form of government in which the people select representatives to serve temporarily in political office. This is the "constitutional" part, which ensures that both citizens and their elected officials are bound to follow the rules established in the Constitution. Secondly, it establishes a federal republic, where the federal government is given limited powers, and most powers are retained by the state governments. This division of power is a key feature of the Constitution, with specific powers granted to the federal government clearly outlined, while most powers remain with the states.
The Constitution also establishes a system of checks and balances, with power separated into three branches of government: the legislative, executive, and judicial. The legislative power is vested in a Congress of the United States, consisting of a Senate and House of Representatives. The executive power is vested in the President of the United States, who is elected through a system of electors and electoral votes. The judicial power is vested in the Supreme Court and inferior tribunals, which interpret and apply the law, with limitations on their ability to hear constitutional questions.
The Constitution, therefore, serves as the foundation of the American political system, outlining the rights and responsibilities of citizens and their government, and ensuring that power is distributed and balanced to protect against tyranny and preserve liberty.
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The Constitution establishes rules for federal and state governments
The US Constitution is the highest law of the land, superseding the Articles of Confederation, the nation's first constitution. It establishes rules for federal and state governments, outlining the rights and responsibilities of each. The Constitution is underpinned by the doctrine of federalism, which refers to the division and sharing of power between the national and state governments.
The Constitution's first three articles embody the separation of powers doctrine, dividing the federal government into three branches: the legislative, executive, and judicial. The legislative branch consists of the bicameral Congress, the executive branch of the President and subordinate officers, and the judicial branch of the Supreme Court and other federal courts.
Article IV, Article V, and Article VI of the Constitution further elaborate on the concepts of federalism. These articles outline the rights and responsibilities of state governments, their relationship with the federal government, and the shared process of constitutional amendment. The Territorial Clause, for example, grants Congress the authority to govern non-state territories and make rules regarding federal property.
The Constitution also establishes extradition between the states and guarantees freedom of movement and travel among them. It ensures that each state has a republican form of government and protects them from invasion and violence.
The political question doctrine is another important concept in the Constitution. It limits the ability of federal courts to hear constitutional questions, even if other justiciability requirements are met. This doctrine is based on the idea that the President has certain political powers that are subject only to the scrutiny of the country and his conscience, not the courts.
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Frequently asked questions
The US Constitution is a federal and constitutional republic. The constitutional part means that both citizens and government officials are bound to follow the rules established in the Constitution. The federal part means that the federal government is given limited powers, while state governments retain most powers.
The US Constitution builds on the ideas of self-government and "the consent of the governed" outlined in the Declaration of Independence. The Declaration's ideas of liberty, equality, limited government, and self-government are important features of the Constitution.
The political doctrine is meant to limit the power of the government. This is done by separating power into three branches of government: legislative, executive, and judicial.
The political question doctrine limits the ability of federal courts to hear constitutional questions. The doctrine bars federal courts from deciding certain cases, particularly those that deal with the powers of the federal government and state governments.
