Simone Lawson
The US Constitution is the supreme law of the land, providing the framework for how the federal and state governments are structured, and placing limits on their powers. The preamble sets the stage for the Constitution, communicating the intentions of its framers and the purpose of the document. The Constitution is classed as rigid because its provisions are written and cannot be changed as easily as ordinary laws. The preamble outlines several objectives, including establishing justice, insuring domestic tranquility, providing for the common defence, promoting general welfare, and securing the blessings of liberty.
| Characteristics | Values |
|---|---|
| Purpose | 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 the people and their posterity |
| Legislative powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| House of Representatives | Composed of members chosen every second year by the people of the several states |
| Electors | Must have the qualifications requisite for electors of the most numerous branch of the state legislature |
| Deputies to the Constitutional Convention | Appointed by the legislatures of the different states |
| Rigidity | The provisions are in a written document that cannot be legally changed with the same ease as ordinary laws |
| Philosophy | Influenced by Montesquieu's Spirit of Laws, which first appeared in 1748 |
| Validity of debts | All debts contracted and engagements entered into before the adoption of the Constitution are valid against the United States |
| Supremacy | The Constitution, and the laws of the United States made in pursuance thereof, and all treaties made under the authority of the United States, shall be the supreme law of the land |
| Oath of office | All senators, representatives, members of state legislatures, and executive and judicial officers are bound by oath or affirmation to support the Constitution |
| Federalism | Provides the framework for how the federal and state governments are structured and places limits on their powers |
| Nature of government | The United States is a constitutional federal republic, where "constitutional" refers to the fact that the government is based on the Constitution |
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What You'll Learn
The US Constitution is the supreme law of the land
The Constitution outlines the powers and responsibilities of the federal government, including the ability to declare war, raise and support armies, and establish inferior tribunals to the supreme Court. It also addresses financial matters, stating that no money shall be drawn from the treasury without legal appropriations and that no state shall coin money or pass any law impairing the obligation of contracts.
The Supremacy Clause, introduced as part of the New Jersey Plan during the Constitutional Convention of 1787, establishes the Constitution and federal laws as the supreme law of the land. This clause ensures that treaties made under the authority of the United States are also considered supreme law, with no distinction in efficacy between treaties and federal statutes. The Supremacy Clause affirms that judges in every state are bound by the Constitution and federal laws, even if they contradict state laws or constitutions.
The Supreme Court has applied the Supremacy Clause in various cases, such as Ableman v. Booth, where it held that state courts cannot contradict the decisions of federal courts. The Court has also interpreted and reviewed treaties as legally binding under the Constitution, incorporating them into US federal law. The Supremacy Clause upholds the principle of federalism by ensuring that federal laws and the Constitution take precedence over state laws and that the federal government has the final jurisdiction in cases involving its laws and the Constitution.
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The Constitution establishes justice
The US Constitution is a document that sets out the aspirations of "We the People" for the government and the way of life in the nation. It is the highest law of the land, and its preamble communicates the intentions of the framers and the purpose of the document. Notably, the preamble does not constitute the law itself, nor does it define government powers or individual rights. Instead, it serves as an introduction to the Constitution, outlining its objectives.
One of the key objectives stated in the preamble is to "establish Justice". This objective is realised through the establishment of the federal judiciary and the Supreme Court, as outlined in Article III of the Constitution. The Supreme Court is the highest court in the land and acts as the court of last resort for those seeking justice. It is composed of one Chief Justice and eight Associate Justices, all of whom are appointed by the President and confirmed by the Senate, typically holding office for life.
The Constitution grants the Supreme Court original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also grants the Court appellate jurisdiction, enabling it to hear appeals on almost any case involving constitutional or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases. The Court's most well-known power is judicial review, established in the case of Marbury v. Madison (1803). This power allows the Court to declare a Legislative or Executive act in violation of the Constitution, ensuring that each branch of government recognises its limits.
The establishment of justice is further reinforced by the Constitution's provisions for due process and the protection of individual rights. The Fourteenth Amendment extended the Bill of Rights, originally applicable only to the federal government, to the states as well. This amendment ensures that the Supreme Court has the final say on whether a right is protected by the Constitution or when a Constitutional right has been violated.
Additionally, the Constitution outlines the role of Congress in the administration of justice. Congress has the power to organise the Supreme Court and establish inferior courts. It also holds the power to define and punish piracies, felonies, and offences against the Law of Nations. Furthermore, Congress plays a crucial role in ensuring justice by having the authority to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
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The Constitution provides for the common defence
The US Constitution is a document that was created to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote general welfare, and secure liberty for the people of the United States. The preamble sets the stage for the Constitution, communicating the intentions of its framers and the purpose of the document. It is an introduction to the highest law of the land, but it does not define government powers or individual rights.
The Constitution also establishes a strong central government, with a commitment to maintaining state power only when "subordinately useful". This balance between a strong national authority and respect for state sovereignty is reflected in the Constitution's grant of certain powers to Congress, such as the power to regulate commerce and establish uniform laws, while also recognising the role of state legislatures in holding elections and determining the qualifications of their members.
Furthermore, the Constitution promotes the rule of law, with federal judges interpreting and applying laws fairly to everyone. The separation of powers among the branches of government, as outlined in the Constitution, also contributes to the common defence by providing checks and balances that prevent the concentration of power in any one branch.
Overall, the Constitution's provisions for the common defence are designed to establish a strong and stable government, capable of protecting the United States and its citizens from external threats while also maintaining a balance of power that respects individual liberties and state rights.
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The Constitution promotes general welfare
The US Constitution is underpinned by a desire to "promote the general welfare". This statement is taken from the Preamble, which sets out the intentions of the framers and the purpose of the document. The Preamble is not the law, but it does provide an introduction to the highest law of the land.
The "general welfare" clause indicates that economic and social welfare issues were of central concern to the framers. This includes issues such as poverty, housing, food, and other economic and social welfare issues facing the citizenry. However, the Bill of Rights has been interpreted to provide procedural mechanisms for fair adjudication of those rights, rather than guaranteeing social and economic assets. For example, while the due process clause of the 14th amendment ensures fair processes for welfare recipients, there is no underlying constitutional right to a minimum standard of living.
The Supreme Court has not found a general right to education derived from the more explicit constitutional guarantees of political participation and equal protection. However, many state constitutions articulate positive rights to welfare, health, education, and the right to work. For example, the New York State Constitution states that "the aid, care, and support of the needy are public concerns and shall be provided by the state".
The General Welfare Clause of the US Constitution has been linked to a robust understanding of constitutional equality, giving substantive meaning to the Bill of Rights. The Court has evaluated Spending Clause legislation using three additional factors: spending must be in pursuit of the general welfare, funding conditions must reasonably relate to the federal interest in a program, and a determination of what constitutes "general welfare" is largely for Congress to make. However, the Court has recently questioned whether "general welfare" is a judicially enforceable restriction.
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The Constitution secures liberty
The US Constitution is a document that was written in 1787 by delegates from 12 states, with the aim of forming a more perfect union and securing liberty for the people of the United States. The preamble of the Constitution sets out the intentions of its framers and the purpose of the document, which includes securing liberty.
The Constitution establishes a federal system with a national government composed of three separate powers, as well as reserved and concurrent powers of states. It outlines the legislative powers of Congress, which is composed of a Senate and a House of Representatives. The Constitution also provides for the common defence and promotes the general welfare of the nation.
One of the key ways in which the Constitution secures liberty is through the Bill of Rights, which comprises the first ten amendments to the Constitution. The Bill of Rights was added to limit government power and protect individual liberties, as the original Constitution lacked these safeguards. The First Amendment protects freedom of speech, religion, and the press, while the Second Amendment guarantees the right to bear arms. The Third Amendment states that no soldier shall be quartered in a person's house without their consent, and the Fourth Amendment protects citizens from unreasonable government intrusion into their homes.
The Fifth Amendment includes several important protections, such as the right to due process, the prohibition on double jeopardy, and the right to just compensation for private property taken for public use. The Ninth Amendment reserves rights to the people, while the Tenth Amendment reserves powers to the states, further securing liberty by limiting the power of the federal government.
Overall, the US Constitution, through its structure, provisions, and amendments, has played a crucial role in securing liberty for the nation's citizens and continues to be a foundational document in American democracy.
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Frequently asked questions
The US Constitution is the highest law of the land, providing the framework for how the federal and state governments are structured and placing significant limits on their powers.
The US Constitution outlines the intentions of the framers and the purpose of the document. It establishes justice, ensures domestic tranquility, provides for the common defence, promotes general welfare, and secures the blessings of liberty to the people and their posterity. It also outlines the powers of Congress, the Senate, and the House of Representatives.
The term "rigid" is used because the provisions are in a written document that cannot be legally changed as easily as ordinary laws. The British Constitution, which is unwritten, can be changed overnight by an act of Parliament.
