Isabella Carter
The United States Declaration of Independence outlines several grievances against the King of England, including his refusal to assent to laws deemed necessary for the public good. This particular grievance is addressed in the US Constitution, which grants Congress the power to override a presidential veto, thereby ensuring that necessary laws can be passed even if the President disagrees. This provision acts as a check on the President's power and empowers Congress to act in the best interests of the people. This grievance reflects the colonists' belief that the King was interfering with their rights and opposing laws necessary for their welfare. It highlights the tension between the colonies and the crown, leading to the formation of committees and the eventual declaration of independence.
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What You'll Learn
The right to free speech
The First Amendment protects individuals and organizations from being jailed, fined, or held civilly liable based on their speech or writing. This protection extends to all levels of government, including federal, state, and local officials. However, it is important to note that the right to free speech is not absolute and there are certain exceptions and limitations. For example, the government can restrict speech in three situations: defamation, true threats, and "fighting words". Defamation occurs when false statements damage a person's reputation, and it can lead to civil or criminal penalties, especially if the speaker acted deliberately. True threats refer to statements expressing an intent to commit violence against a particular individual or group, and "fighting words" are face-to-face personal insults likely to incite violence.
The Supreme Court has also ruled on the regulation of money in politics, acknowledging that while political expenditures and contributions are a form of speech protected by the First Amendment, they can be regulated if the government demonstrates a compelling justification. In cases like Citizens United v. Federal Election Commission (2010) and McCutcheon v. Federal Election Commission (2014), the Court struck down most governmental efforts to limit political expenditures, arguing that regulations should be content-neutral and uphold free speech.
Additionally, the First Amendment does not protect speech that incites people to break the law or commit acts of violence. The Supreme Court clarified this in Brandenburg v. Ohio, stating that free speech protections do not permit inciting "imminent lawless action". Similarly, the Court has defined unprotected harassment as severe and pervasive conduct that interferes with an individual's educational or employment environment, creating a hostile or abusive atmosphere.
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The right to bear arms
The Second Amendment to the US Constitution, ratified on December 15, 1791, protects the right of Americans to keep and bear arms. The amendment states:
> "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
The right of citizens to arm themselves was asserted in legal documents during the colonial and revolutionary periods, including the Virginia Declaration of Rights and the Pennsylvania Constitution. After the American Revolution, the framers of the Constitution argued that a deterrent to oppressive regimes using soldiers from large armies to oppress their people would be to have each state raise its own militia. These militias would be composed of average citizens who would be granted the right to gather, possess armaments, and receive part-time military instruction and pay from their state governments.
The Second Amendment's purpose has shifted from being a bulwark against foreign invasion and federal overreach to general safety and the protection of life, liberty, and property. In 2008, the Supreme Court ruled in District of Columbia v. Heller that the Second Amendment protects the right of all individual citizens to keep and bear arms for self-defence, not just for a state-run militia. This was further strengthened in 2010 in McDonald v. City of Chicago, which held that the Second Amendment applies to the states through the incorporation doctrine.
The Second Amendment has been the subject of much debate and interpretation, with some arguing that it creates an individual constitutional right to possess firearms, while others argue that the Framers intended to restrict Congress from legislating away a state's right to self-defence. The amendment has also been interpreted as protecting the "natural right of self-defence" and has been used to strike down bans on carrying firearms openly.
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Congress can override presidential vetoes
The power of Congress to override a presidential veto is a reflection of the grievance in the Declaration of Independence, which states: "He has refused his Assent to Laws, the most wholesome and necessary for the public good." This statement refers to the King's rejection of laws deemed essential for the welfare of the colonies.
The US Constitution addresses this grievance by empowering Congress to override a presidential veto. This provision grants the legislative branch the authority to enact laws even if the President disagrees. If the President vetoes a bill, Congress can still pass it by securing a two-thirds majority in both the House of Representatives and the Senate. This process acts as a check on the President's power and ensures that the legislative branch can pass laws for the public good.
The ability of Congress to override a presidential veto has been exercised on several occasions throughout history. For example, in 1919, Congress overrode the President's veto of the Volstead Act. Similarly, in 1916, Congress overrode the President's veto of the Immigration Act of 1917. These instances demonstrate the significance of Congress's power to override presidential vetoes.
It's important to note that the presidential veto power itself is also a crucial aspect of the legislative process. The President can use the veto power to prevent a bill passed by Congress from becoming law. This power allows the President to influence the content and passage of legislation. Occasionally, the President may threaten a veto or express their intention to veto a particular bill to shape its content or discourage Congress from passing it.
The process of overriding a presidential veto involves both houses of Congress, the House of Representatives, and the Senate. If a bill is vetoed by the President, Congress must reconsider it, taking into account the President's objections. If both houses of Congress then vote to pass the law again with a two-thirds majority, the bill becomes law, despite the President's veto. This process underscores the checks and balances within the US legislative system.
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The King's rejection of laws
The US Constitution's Article II, which vests executive power in the President, reflects a grievance with the King's rejection of laws. The article repudiates the notion of a royal prerogative, asserting that executive power is not derived from monarchy. This reflects the Founders' intention to prevent the concentration of power in a single individual, as seen in early state constitutions that vested powers in committees.
The Vesting Clause, which grants the President specific powers, is significant in this regard. It ensures that the President's powers are enumerated and limited to those outlined in Article II, rejecting any residual or plenary powers akin to those historically associated with kingship. The Columbia Law Review article clarifies that arguments for a free-floating presidential foreign affairs power must be supported by a living constitutionalism interpretation, demonstrating an evolution of such powers over time.
The rejection of the Royal Residuum Thesis is central to understanding this aspect of the US Constitution. The thesis acknowledges that the Founders intended the Constitution to reflect a conception of what is "naturally" or "essentially" within executive power", but it diverges by refuting the notion that the Vesting Clause is a residual source of power. Instead, it clarifies that the listed powers in Article II belong solely to the President.
The historical context of the late eighteenth century and the intellectual currents of the time provide further insight. The Founding Fathers' actions and statements during the ratification debates and the broader founding period shed light on their intentions to separate executive power from any notion of kingship or royal prerogative. This was further emphasised by the Continental Congress and the Constitutional Convention, which established the framework for the US government.
In summary, the US Constitution's Article II reflects a deliberate effort to reject the King's rejection of laws and any concentration of power reminiscent of monarchy. The Vesting Clause and the rejection of the Royal Residuum Thesis work together to define and limit executive power, ensuring it is vested in the President alone and subject to constitutional constraints.
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The right to peaceful assembly
The right to assemble peaceably is a fundamental freedom guaranteed by the First Amendment of the US Constitution. This right protects the ability of citizens to gather in public spaces for social or political purposes, without fear of criminalisation or disruption. The right to peaceful assembly is often associated with the right to petition the government for a redress of grievances, with both rights considered integral to a functioning democracy.
The First Amendment states that "Congress shall make no law [...] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." The right to assemble peaceably was first tested in the Supreme Court in 1876 in the case of United States v. Cruikshank, which concerned the Enforcement Act of 1870. This Act forbade depriving citizens of their right to assemble peaceably with other citizens for a peaceful and lawful purpose. While the Court held that the indictment was inadequate, it broadly outlined the right of assembly, stating that citizens have the right to assemble for the purpose of petitioning Congress for a redress of grievances or for anything connected with the powers or duties of the national government.
The right to assemble peaceably has been interpreted as not absolute but relative, meaning that it must be exercised in a way that does not disrupt the general comfort and convenience of others. However, the right does protect disruptive protests to a certain extent, as seen in the case of Coates v. City of Cincinnati, where the Court struck down an ordinance prohibiting annoying assemblies as it invited discriminatory enforcement. The line between peaceful and disruptive protest is not always clear, and the absence of specific guidelines from courts has led to a burden on constitutional rights during policing.
The right to assemble peaceably has a long history, dating back to the Magna Carta in 1215 and receiving explicit protection in the English Bill of Rights of 1689. In the American context, the right to petition played a significant role in the lead-up to the American Revolution, with the Declaration of Independence citing King George III's repeated ignorance of petitions for redress of grievances as a justification for revolution. Despite its importance, the right to assemble has been somewhat neglected in recent times, with the Supreme Court not deciding a case explicitly on free assembly grounds in over forty years.
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Frequently asked questions
The First Amendment of the United States Constitution protects the right to freedom of religion, freedom of expression, freedom of speech, and freedom of the press from government interference.
The Right to Assemble and Petition, also known as the Petition for Redress of Grievances Clause, guarantees the right to ask the government for relief for a wrong done through litigation or other governmental action.
The Declaration of Independence is a document that justifies the American Revolution, stating that King George III had ignored petitions for redress of the colonists' grievances.
The US Constitution addressed this grievance by allowing Congress to override a presidential veto, ensuring that the legislative branch can enact laws for the public good.
Some examples of grievances listed in the Declaration of Independence include the king's refusal to assent to laws necessary for the public good, the quartering of soldiers among colonists, and the protection of soldiers who committed murders against inhabitants of the colonies.
