Isabella Carter
The Constitution of the United States is the supreme law of the United States, outlining the way the government is structured and operates. The framers of the Constitution, empowered with the sovereign authority of the people and the consent of the legislatures of the states, created a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches. The Constitution also divides power between the federal government and the states, and protects the personal liberty of citizens from government intrusion.
| Characteristics | Values |
|---|---|
| Purpose | To create a national government, divide power between the federal government and the states, and protect the personal liberty of citizens from government intrusion. |
| Powers | Taxing and spending, coining and borrowing money, controlling interstate and foreign commerce, maintaining an army and navy, declaring war, and more. |
| Limitations | Cannot pass any law that would restrict the importation of slaves into the US prior to 1808. |
| Amendments | The first ten amendments, known as the Bill of Rights, protect individual liberty and justice and place restrictions on the government. There have been 17 later amendments, most of which expand individual civil rights protections. |
| Ratification | Requires ratification by both houses of Congress and three-fourths of state legislatures or state conventions. |
| Inspiration | The English Bill of Rights (1689) and the literature of republicanism in the US. |
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What You'll Learn
The Constitution's authority is derived from the people
The Constitution of the United States is a document that outlines the way the government is structured and operates. It is the supreme law of the United States, and its authority is derived from the people. Empowered with the sovereign authority of the people, it is the source of all government powers, and it also provides important limitations on the government that protect the fundamental rights of United States citizens.
The Constitution has three main functions. Firstly, it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches. This system ensures that no single branch becomes dominant. Secondly, it divides power between the federal government and the states, allowing states to create and enforce their own laws while also requiring them to respect and help enforce the laws of other states. Thirdly, it protects the personal liberty of citizens from intrusions by the government, including prohibiting ex post facto laws and bills of attainder.
The Bill of Rights, which constitutes the first ten amendments to the Constitution, provides further protections of individual liberty and justice and places restrictions on the powers of the government within the U.S. states. These amendments were adopted shortly after the adoption of the Constitution itself and were inspired by the English Bill of Rights, which contains similar protections such as the right to a jury trial and the prohibition of cruel and unusual punishments.
The Constitution's authority, therefore, ultimately rests with the people, who have consented to its powers and limitations as a framework for their government. The process of amending the Constitution is intentionally difficult, requiring a two-thirds majority in both houses of Congress and ratification by three-fourths of the state legislatures, further emphasising the importance of the people's authority in the constitutional framework.
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It establishes the three branches of government
The Constitution of the United States is the supreme law of the United States, with the sovereign authority of the people. It establishes a national government consisting of three branches: the legislative, the executive, and the judicial, with a system of checks and balances among the three branches.
The first three articles of the Constitution establish these three branches of government and their powers. The legislative branch, or Congress, is responsible for making laws and is divided into two parts, or "houses": the House of Representatives and the Senate. The bicameral Congress was a compromise between large and small states, balancing representation based on population with equal representation for each state.
The executive branch's power is vested in the President, who is elected for a four-year term by the electoral college. Each state has a number of members of the electoral college equal to the number of members of the House and Senate, and the candidate who receives the most votes in a state gets all of that state's electoral votes.
The judicial branch, or Federal court system, has the power to interpret and apply the law, as well as the power to punish, sentence, and direct future action to resolve conflicts. Federal judges are appointed for life unless they commit a serious crime.
This system of checks and balances prevents any one of these separate powers from becoming dominant and helps protect the fundamental rights of United States citizens. The Constitution outlines the structure and operation of the government, including the relationship between the federal government and the states, and it provides important limitations on the government to protect citizens' liberties.
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It protects individual liberties
The United States Constitution is a document that outlines a bold democratic experiment that has proven stable and flexible enough to remain effective over 200 years later. The Constitution's authority is derived from its three main functions. Firstly, it establishes a national government with legislative, executive, and judicial branches, each with its own set of checks and balances. Secondly, it divides power between the federal government and the states. Thirdly, and most relevant to this discussion, it protects the individual liberties of American citizens.
The Constitution's framework is a direct response to the tyranny of British rule and the limitations placed on the federal government and its branches reflect this. The Bill of Rights, which constitutes the first ten amendments to the Constitution, is a crucial component of protecting individual liberties. These amendments were adopted shortly after the Constitution itself and serve to explicitly outline the rights of individuals while restricting government authority.
The Bill of Rights includes fundamental rights such as freedom of speech, privacy, and due process. For example, the Fourth Amendment protects citizens from unreasonable searches and seizures, while the Fifth Amendment states that no person shall be compelled in any criminal case to be a witness against themselves. The Sixth Amendment provides additional protections for the accused, such as the right to a speedy and public trial by an impartial jury.
Beyond these explicit protections, the Supreme Court has interpreted and applied the Constitution's principles to protect individual liberties in landmark cases. For instance, in Obergefell v. Hodges, the Court ruled that the right to marry is a fundamental liberty, striking down same-sex marriage bans under the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
The Constitution's protection of individual liberties is further strengthened by the difficulty of amending it. Any amendment must pass both houses of Congress by a two-thirds majority and then be ratified by three-fourths of the state legislatures. This safeguard ensures that the Constitution cannot be easily altered to grant tyrannical powers to the government, even in times of crisis.
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It outlines the relationship between federal and state governments
The Constitution of the United States is the supreme law of the United States. It outlines the relationship between federal and state governments, dividing power between the two. The Constitution is an attempt at a bold democratic experiment, aiming to create a national government with a legislative, executive, and judicial branch, with a system of checks and balances among the three branches.
Articles Four through Seven of the Constitution describe the relationship of the states to the Federal Government. Article IV outlines states' powers in relation to each other. States have the authority to create and enforce their own laws but must respect and help enforce the laws of other states. Congress may pass federal laws regarding how states honour other states' laws and records. States are required to give "full faith and credit" to the laws, records, contracts, and judicial proceedings of the other states, although Congress may regulate the manner in which states share records and define the scope of this clause. States are barred from discriminating against citizens of other states and cannot enact tariffs against one another. States must also extradite those accused of crimes to other states for trial.
The Constitution also establishes the Federal Government's authority to regulate interstate commerce, coin and borrow money, maintain an army and navy, and declare war. The power of the executive branch is vested in the President, who is elected for a four-year term by the electoral college.
The Constitution's framework is a reaction to the tyranny of British rule and the limitations placed on the federal government and its branches are a direct response to this. The Constitution is also designed to be difficult to alter, requiring a two-thirds majority in both houses of Congress and ratification by three-fourths of state legislatures or state conventions. This makes it an anti-majoritarian document, preventing a majority from granting tyrannical powers to the government.
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It is difficult to alter
The United States Constitution is a document that outlines the way the government is structured and how it operates. It is the supreme law of the United States, and its authority is derived from the sovereign authority of the people and the consent of the legislatures of the states. The Constitution has been amended 27 times since its ratification, and the process for making amendments is intentionally difficult to prevent arbitrary changes.
The framers of the American Constitution made it challenging to alter by requiring a two-thirds majority vote in both houses of Congress for an amendment to be proposed. Additionally, three-fourths of the state legislatures or state conventions must vote in favour of an amendment for it to be ratified. This process ensures that the Constitution cannot be easily changed by a simple majority and protects the rights of citizens by preventing the government from gaining tyrannical powers.
The difficulty in altering the Constitution also stems from the fact that it serves as a framework for the government's structure and powers. Any changes to the Constitution would have significant implications for the functioning of the government and the protection of individual liberties. The Constitution establishes the legislative, executive, and judicial branches of government, with a system of checks and balances to ensure that no single branch becomes too powerful. It also divides power between the federal government and the states, allowing states to create and enforce their own laws while also requiring them to respect and enforce the laws of other states.
Furthermore, the Constitution contains a Bill of Rights, which comprises the first ten amendments and offers specific protections for individual liberties and justice. These amendments were adopted shortly after the Constitution's ratification to address concerns about the lack of protections for individual rights. The majority of the subsequent 17 amendments also expand civil rights protections, demonstrating the importance of safeguarding these liberties and making it crucial to maintain the stability of the document.
The process of amending the Constitution, as outlined in Article V, is more onerous than the process of making laws. This distinction underscores the importance of maintaining the stability and integrity of the Constitution as the foundation of the nation's legal system. While Congress has the power to delegate many of its authorities to the President and administrative agencies, the Constitution ensures that the power to make significant changes to the nation's governing document rests with a more extensive group of representatives and state legislatures.
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Frequently asked questions
The US Constitution gets its authority from the people. It is the supreme law of the United States and the source of all government powers.
The US Constitution has three main functions. Firstly, it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances. Secondly, it divides power between the federal government and the states. Thirdly, it protects the individual liberties of American citizens.
The US Constitution was inspired by the history of tyranny under British rule and a single monarch. The English Bill of Rights (1689) also inspired the American Bill of Rights, which offers protections for individual liberty and justice and places restrictions on the powers of the government.
The US Constitution establishes three branches of government: the legislative (Congress), the executive (office of the President), and the judicial (Federal court system).
Amending the US Constitution is a difficult process. An amendment must first be proposed by a two-thirds vote of both Houses of Congress or by two-thirds of the state legislatures requesting a convention. Then, three-fourths of the state legislatures or state conventions must vote in favour of the amendment to ratify it.
