Eleanor Finch
The Preamble to the United States Constitution, which begins with the words We the People, is a concise introductory statement outlining the fundamental goals and principles of the Constitution. The Preamble asserts that the Constitution's power originates not from a monarch or Congress, but from the people themselves, embodying the concept of popular sovereignty. This phrase has been subject to debate and interpretation throughout American history, with individuals like women's suffrage activist Susan B. Anthony challenging the country to expand its definition of who is included in We the People. The framers of the Constitution included an amendment process in Article V, allowing for future generations to strive for a more perfect union by making changes as they saw fit.
| Characteristics | Values |
|---|---|
| First three words | We the People |
| Purpose | To form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty |
| Power | Derived from the people themselves |
| Amendment process | Article V |
| Number of Amendments | 27 |
| Most common theme of Amendments | Expanding the right to vote |
| Sovereign entity | The people |
| Sovereign power | Supreme power over matters within its control |
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What You'll Learn
The concept of popular sovereignty
The Preamble of the US Constitution, which begins with "We the People of the United States", embodies the concept of popular sovereignty. Popular sovereignty asserts that the government's authority and legitimacy are derived from the consent of the governed. It is a principle that holds that the leaders of a state and its government are created and sustained by the people, who are the source of all political legitimacy.
The idea of popular sovereignty is deeply rooted in the history of the United States. The Declaration of Independence of 1776 proclaimed that "all men are created equal" and asserted that legitimate governments derive their power from the consent of the governed. The framers of the US Constitution, adopted in 1787, further entrenched this principle in the document's Preamble. "We the People" ordained and established the Constitution for the United States of America, signifying that the power rests with the people.
Popular sovereignty is expressed in various ways within a democracy. Firstly, the people are directly or indirectly involved in the creation of a constitution, either personally or through their elected representatives. Secondly, the constitution, made in the name of the people, is ratified by a majority vote or by representatives chosen by the people. Thirdly, the people play a role in proposing and ratifying amendments to the constitution. Finally, the people demonstrate their support for the government by voting in elections, upholding the constitution, and influencing public policy decisions.
In the context of US history, popular sovereignty was a controversial doctrine during the mid-19th century, particularly regarding the issue of slavery in federal territories. The people of these territories were to decide whether their states would enter the Union as free or slave states, as seen in the Kansas-Nebraska Act of 1854. However, the violent struggle for control of the Kansas Territory highlighted the failure of popular sovereignty to bridge the divide between pro-slavery and anti-slavery factions.
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The inclusion of women and minorities
The Preamble to the US Constitution, which begins with "We the People", was adopted in 1787, 11 years after the Declaration of Independence proclaimed that "all men are created equal". The question of who is included in "We the People" has been debated throughout American history.
The original Constitution did not explicitly mention women, and it was not until the 19th Amendment in 1920 that women gained the right to vote. However, some argue that women were always included in the constitutional protections provided to all persons, and that there was never an obstacle in the Constitution to women occupying any office. The denial of women's suffrage was used as an instrument to perpetuate the power of slaveholders. Women's suffrage activist Susan B. Anthony challenged the country to expand its definition of who belongs, arguing that the Constitution was formed to secure the blessings of liberty to the whole people—women as well as men.
The original Constitution also failed to protect the rights of racial minorities. While there were several provisions concerning black slavery, neither the terms "slavery" nor "race" were mentioned, and the Supreme Court confirmed in 1857 that African Americans "had no rights which the white man was bound to respect". It was not until the 13th Amendment that slavery was abolished, and the Voting Rights Act of 1965 that minority voters, particularly women of colour, were able to exercise their right to vote more equally. However, new restrictions and hurdles continue to be imposed on voting, disproportionately affecting communities of colour and curbing their full political participation.
In conclusion, while the US Constitution has undergone amendments and interpretations to include women and minorities, the fight for equal rights and protection under the law is ongoing, with recent setbacks such as the Supreme Court's dismantling of key provisions of the Voting Rights Act in 2013.
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The right to vote
The US Constitution, adopted in 1787, begins with the preamble: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
Surprisingly, the original text of the Constitution does not explicitly mention that US citizens have the right to vote. Instead, it states that anyone eligible to vote for the largest house of a state's legislature is also eligible to vote for members of the House of Representatives from that state. This left individual states with the power to decide who qualified to vote, resulting in significant variations across the nation. While most states initially restricted voting to property-owning or tax-paying white men, some states, like New Jersey, allowed free Black men and women of both races to vote if they met the property or tax requirements.
Over time, states began to expand voting rights to more citizens, but this progress was uneven and often faced setbacks. For example, New Jersey revoked the vote from Black men and women in 1807, and Wyoming granted women the right to vote in 1869, decades before the national achievement of women's suffrage. The lack of a uniform standard for voting rights continues to create variability today, such as in the eligibility of felons to vote depending on the state.
To address these disparities, amendments to the Constitution were introduced in the 19th and 20th centuries to extend the right to vote. The 15th Amendment (1870) granted voting rights to men of all races, the 19th Amendment (1920) prohibited denying the vote based on sex, and the 24th Amendment (1964) removed barriers to voting by abolishing poll taxes. Additionally, the Voting Rights Act of 1965 secured voting rights for adult citizens of all races and genders through federal laws that enforced these amendments.
Despite these advancements, the federal government and the Supreme Court's recent decisions have weakened protections for voting rights. As a result, it is now largely up to individual states to take action to safeguard voting rights by removing barriers to voter registration, simplifying the voting process, and passing state-level voting rights acts. While almost all state constitutions include an explicit right to vote, the absence of a comprehensive national solution remains a pressing issue.
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Federal vs state sovereignty
The US Constitution, which begins with the words "We the People of the United States", was adopted in 1787, 11 years after the Declaration of Independence proclaimed that "all men are created equal". The meaning of "We the People" has been debated throughout American history, with women's suffrage activist Susan B. Anthony notably challenging the country to expand its definition to include women.
Now, onto the topic of federal vs state sovereignty. Sovereignty is a term that is often misused. It refers to the supreme power or authority within a certain territory. In the context of federal and state sovereignty in the United States, the Tenth Amendment of the Constitution plays a crucial role in defining the balance of power between the federal government and the states. The amendment states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people". In other words, any powers not specifically granted to the federal government by the Constitution are reserved for the states or the people.
The Supreme Court has interpreted this amendment to protect certain areas of state sovereignty from impairment by Congress. For example, the Court has ruled that determining wages for state employees is an area of inviolable state sovereignty. Additionally, the Court has clarified that Tenth Amendment protections apply when Congress regulates states as states, rather than regulating the activities of private individuals or businesses.
However, it's important to note that the concept of state sovereignty has evolved over time. For instance, the National League of Cities case, which relied on the Tenth Amendment, was subsequently overturned. While much of the law from this case no longer stands, some of the Court's holdings may still have relevance. The Court's opinions in cases like FERC, EEOC, and United Transp. Union v. Long Island R.R. reflect its application of the National League of Cities doctrine.
In conclusion, federal and state sovereignty in the United States is a complex issue that has been shaped by the Tenth Amendment and Supreme Court interpretations. While states enjoy sovereignty in certain areas, the federal government retains the authority to regulate states in specific contexts, and the balance between federal and state power has been refined through judicial decisions.
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The ability to challenge unconstitutional laws
The Constitution is the supreme law of the land, and all laws made by Congress, as well as actions taken by the President, judges, and administrators, must conform to it. If a law is inconsistent with the Constitution, then it is said to be 'unconstitutional' and is void. The power to review and determine the constitutionality of laws is a crucial check and balance on the power of the legislature and ensures that the rights and freedoms enshrined in the Constitution are protected.
The process of challenging an unconstitutional law typically involves filing a lawsuit in court. The plaintiff must have standing, which means they have been directly impacted by the law and have suffered some form of injury. The lawsuit will argue that the law in question violates a specific provision of the Constitution. The court will then hear arguments from both sides and review the law in question, determining whether it aligns with the Constitution.
If a law is found to be unconstitutional, the court may strike it down, rendering it null and void. In some cases, this can have far-reaching consequences and lead to significant changes in policy and practice. For example, in the landmark case of *Brown v. Board of Education*, the Supreme Court ruled that racial segregation in public schools was unconstitutional, leading to the integration of schools across the country.
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Frequently asked questions
The Preamble to the United States Constitution begins with the words 'We the People'.
The Preamble is a brief introductory statement outlining the Constitution's fundamental purposes and guiding principles.
The Preamble outlines a number of duties, including to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty.
The phrase 'We the People' signifies that the Constitution's power derives from the people themselves, rather than from a king or Congress. This concept of popular sovereignty, or power to the people, is the foundation of the entire Constitution.
