Omar Bennett
The United States Constitution is a foundational text that outlines the country's core governing principles and the powers of its federal government. It comprises a preamble and seven articles, each addressing different topics essential to the nation's governance. While the document in its entirety is of utmost importance, certain sections and topics have received more attention and debate throughout history. The Constitution has been scrutinized, interpreted, and amended over the years, with various clauses and amendments added to address specific concerns and evolving societal needs. Understanding which topics received the most attention in the Constitution provides valuable insights into the priorities and intentions of its framers and their vision for the nation.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| Average number of amendments proposed per Congress | 150 |
| Number of amendments that have not been ratified | 6 |
| Number of amendments that are still pending | 4 |
| Number of amendments no longer pending | 2 |
| Most frequently referred political philosophers | Blackstone, Hume, Locke, Montesquieu |
| Philosophical influence | Scottish Enlightenment, Magna Carta, Enlightenment rationalism, English common law |
| Philosophical supporters | Benjamin Franklin, David Hume |
| Philosophical ideas | High-ranking public officials should receive no salary; the lower class was a better judge of character when choosing representatives |
| Most attention | Separation of Powers |
| Least attention | Judicial branch |
| Landmark cases | McCulloch v. Maryland (1819), Marbury v. Madison (1803) |
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Separation of powers
The US Constitution establishes three separate but equal branches of government: the legislative branch (makes the law), the executive branch (enforces the law), and the judicial branch (interprets the law). This system of checks and balances ensures that no single branch of government becomes too powerful and that there is an interplay of power among the three branches.
The Framers of the Constitution were influenced by political theorist Baron Charles de Montesquieu, who wrote about the separation of powers concept almost 100 years earlier. They structured the government in this way to preserve individual liberty and ensure that each branch performed unique and identifiable functions. The Framers also incorporated various checks that each branch could exercise against the actions of the other two branches to resist encroachments. For example, the Constitution allows the President to veto legislation, but requires the President to gain the Senate's consent to appoint executive officers and judges or enter into treaties.
The Supreme Court has played a significant role in interpreting the separation of powers and addressing concerns about encroachment. In U.S. v. Alvarez, the Court found that the Stolen Valor Act of 2013, which prohibited false claims of military honors, did not violate the First Amendment. The Court has also raised concerns about the judiciary encroaching on the legislative or executive spheres, as in Ziglar v. Abbasi, where it stated that separation-of-powers principles should be central when a litigant asks the courts to recognize an implied cause of action.
Federal judges have described how healthy tensions among the branches have a stabilizing effect on democracy, and the impeachment power gives Congress a tool to root out corruption and abuse of power in the other branches. The separation of powers is a fundamental aspect of the US government's structure, ensuring that power is balanced and that no one branch can overpower another.
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Amendments
The Constitution of the United States has been amended twenty-seven times since it was ratified in 1788. The first ten amendments, collectively known as the Bill of Rights, were passed in 1789 and ratified on December 15, 1791.
One of the most significant amendments is the First Amendment, which guarantees freedom of religion, speech, and the press, as well as the right to peaceful assembly and petition. This amendment has been central to American democracy and civil liberties.
Another important amendment is the Thirteenth Amendment, which abolished slavery and involuntary servitude, except as punishment for a crime. This amendment was ratified in 1865 and marked a pivotal moment in American history, ending the legal practice of slavery.
The Fourteenth Amendment, ratified in 1868, is also noteworthy. It establishes citizenship and guarantees due process and equal protection under the law. This amendment has been crucial in shaping civil rights and ensuring that all persons are treated equally under the law.
The Fifteenth Amendment, ratified in 1870, prohibits the denial of the right to vote based on race, colour, or previous condition of servitude. This amendment was a significant step towards racial equality and ensured that African American men were granted the right to vote.
More recently, the Twenty-Sixth Amendment lowered the voting age to 18. Ratified in 1971, this amendment extended voting rights to a younger demographic, recognising the importance of youth participation in the democratic process.
The process of amending the Constitution is deliberate and rigorous. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 states since 1959). This can be achieved through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The Twenty-First Amendment, repealing prohibition, is the only amendment ratified through state conventions thus far.
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Judicial review
In the United States, judicial review is considered a fundamental aspect of its system of government. While the U.S. Constitution does not explicitly mention the power of judicial review, it has been derived from Article III and Article VI, which describe the powers and duties of the judicial branch. The landmark case of Marbury v. Madison in 1803 established the doctrine of judicial review, where the Supreme Court ruled that it had the power to declare laws unconstitutional. Chief Justice John Marshall famously stated, "It is emphatically the duty of the Judicial Department to say what the law is."
The concept of judicial review can be understood in the context of two distinct legal systems: civil law and common law. In civil law traditions, judges are seen as applicators of the law, without the power to create or destroy legal principles. On the other hand, common-law judges are viewed as sources of law, capable of creating and rejecting legal principles. Additionally, the idea of separation of powers, introduced by Montesquieu, plays a crucial role in the theory of judicial review. This principle, enshrined in the U.S. Constitution, ensures that each branch of the government has a check on the powers of the other branches, creating a balance.
State courts in the United States also possess the power to review state laws and actions based on their state constitutions. This ensures that the principles of procedural fairness are followed in judicial decisions. The expansion of judicial review in countries with legislative supremacy, such as the United Kingdom, has led to tensions with other legal systems, such as the European Union, which grants its courts the power to review acts of its member states' governments.
The "Six Big Ideas" in the U.S. Constitution, studied in educational contexts, provide insight into the relative importance of different powers and principles. While the specific topics that received the most attention in the Constitution are not explicitly stated, students are encouraged to analyze the text, examine primary sources, and debate how these ideas relate to modern political issues.
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Political philosophy
The political philosophy of the US Constitution was influenced by the historical experience and circumstances of the newly independent colonies. The Framers brought a coherent philosophy about the ends and means of government to their deliberations, guided by three major political doctrines: natural rights, republicanism, and constitutionalism.
Natural Rights
The philosophy of natural rights holds that political authority must be based on consent and cannot be exercised in arbitrary ways. John Locke, an English philosopher, argued that slavery consists in being subject to arbitrary authority, while liberty in political society consists in being subject only to lawfully constituted and exercised authority to which individuals have consented. The concept of natural rights was also influenced by Puritan and Enlightenment ideas, and it found expression in the Declaration of Independence in 1776, inspiring similar declarations in other countries.
Republicanism
The founders of the United States were deeply influenced by classical republicanism, which emphasizes the belief that laws, rather than men, should be the final sanction and that government should be responsible to the governed. This philosophy of government appeared to be inconsistent with the philosophy of natural rights at first glance. However, the founders, including George Washington, John Adams, and Thomas Jefferson, believed in both and worked to balance executive and legislative powers with an independent judiciary in the Constitution.
Constitutionalism
Constitutionalism refers to the idea that a constitution establishes a stable framework for the exercise of public power, creating norms, rules, principles, or values that define the limits of government power or authority. The US Constitution, influenced by Locke's ideas, recognizes that sovereignty remains with the people, who have the power to void the authority of their government if it exceeds its constitutional limitations. The Constitution also addresses the separation of powers between different branches of government, such as the Executive and the Senate, and the powers of the federal government versus the states.
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Ratification
Hamilton and Madison, with assistance from Jay, led the lobbying efforts for votes in favor of ratifying the Constitution. Together, they produced 85 essays known as "The Federalist Papers," which explained and defended how the proposed new government would function. These essays were published in newspapers nationwide. The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut.
Some states voiced opposition to the Constitution, arguing that it did not provide adequate protection for rights such as freedom of speech, religion, and the press. However, the terms of the Massachusetts Compromise, reached in February 1788, addressed these concerns by stipulating that amendments—what became the Bill of Rights—would be immediately proposed. This compromise, along with the adoption of the Connecticut Compromise, which ensured proportional representation in the lower house and equal representation in the Senate, aided in securing the Constitution's ratification.
On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, making it the official framework of the government of the United States of America. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved the document. The Bill of Rights, consisting of ten amendments, was ratified on December 15, 1791, becoming part of the Constitution.
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Frequently asked questions
The 'Six Big Ideas' refer to the six core principles underpinning the US government. Students are encouraged to study the Constitution to understand the significance of these ideas, both historically and in the present day.
The judicial branch received the least attention in the Constitution. The US Supreme Court asserted its authority over judicial review in 1803, granting it the power to declare laws unconstitutional.
The Necessary and Proper Clause permits the federal government to take action to enable it to perform its duties in the manner most beneficial to the people, even if that action is not within the enumerated powers.
Members of the House and Senate propose amendments during each two-year term of Congress. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (currently 38 out of 50).
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