Addressees Of The Constitution: Understanding The Addressed Audience

Constitutions are fundamental principles or established precedents that determine how an entity is governed. They are often the product of dramatic political change, such as a revolution. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made, and by whom. The Constitution of the United States, for example, contains a preamble and seven articles that describe the way the government is structured and how it operates. It establishes the three branches of government and their powers: the legislative (Congress), executive (office of the President), and judicial (Federal court system). The US Constitution also establishes the procedure for making laws and the process for amending them.

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The Constitution of the United States

> "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."

The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III).

The Constitution was authored by the Continental Congress and the Constitutional Convention, and it serves as the framework for the United States government. The final draft was presented to the convention on September 12, 1787, and the document was engrossed by Jacob Shallus. Several delegates were disappointed with the result, and three refused to sign. Benjamin Franklin, who accepted the Constitution despite his reservations, summed up the sentiments of many when he said:

> "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them. [...] I expect no better and [...] I am not sure that it is not the best."

Legislative, Executive, and Judicial branches

The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial branches. This separation of powers ensures that no individual or group has too much authority.

Legislative Branch

The legislative branch, also known as Congress, is responsible for making laws. It consists of two chambers: the House of Representatives and the Senate. This branch also includes special agencies and offices that provide support services to Congress. The legislative branch can confirm or reject presidential nominations for heads of federal agencies and federal judges. It also has the power to remove the president from office in exceptional circumstances.

Executive Branch

The executive branch is headed by the President, who is the Commander-in-Chief of the armed forces and the leader of the federal government. This branch also includes the Vice President, who supports the President and assumes their role if they are unable to serve. The executive branch also comprises executive departments, independent agencies, and other boards, commissions, and committees. The President can veto legislation created by Congress and nominate heads of federal agencies and high court appointees.

Judicial Branch

The judicial branch includes the Supreme Court, with nine Justices, as well as other federal courts. The Justices interpret laws according to the Constitution and hear cases pertaining to constitutional issues. They are the highest court in the country, with the power to overturn unconstitutional laws. The federal judicial system also has lower courts in each state to handle cases involving federal matters. The judicial branch is an essential part of the system of checks and balances, as it can review and invalidate actions of the other branches if they are found to be beyond their power.

Amendments and ratification

The Constitution of the United States contains a preamble and seven articles that outline the structure and operation of the government. The first three articles establish the three branches of government: the Legislative (Congress), Executive (Office of the President), and Judicial (Federal Court System). Amendments to the Constitution are proposed and ratified through a two-step process outlined in Article V. This process involves either a two-thirds majority vote in both the Senate and the House of Representatives or a national convention called by Congress upon the request of two-thirds of the state legislatures.

Once an amendment is proposed, it is sent to the states for ratification. For an amendment to be ratified, three-fourths of the state legislatures or state conventions must vote in favour of it. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist works closely with the Director of the Federal Register, who receives and maintains custody of the ratification documents.

The process of amending and ratifying the Constitution is deliberate and challenging, aiming to balance the need for change with stability. As of January 3, 2019, approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789. Of these, thirty-three amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven amendments have been successfully ratified and are now part of the Constitution, including the Bill of Rights, which comprises the first ten amendments.

Notable amendments include the Reconstruction Amendments (the 13th, 14th, and 15th Amendments), which abolished slavery and addressed citizenship and voting rights. The Fourteenth Amendment, passed by Congress in 1866 and ratified in 1868, modified Article I, Section 2 of the Constitution, defining citizenship and guaranteeing due process and equal protection under the law. The Fifteenth Amendment, passed by Congress in 1869 and ratified in 1870, ensured that the right to vote could not be denied based on race, colour, or previous servitude.

The amendment and ratification process allows for the evolution of the Constitution to meet the changing needs and values of the nation. It ensures that the foundational document of the United States remains adaptable while maintaining its integrity and longevity.

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Federal law vs state law

A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a country, organization, or other type of entity, and commonly determines how that entity is to be governed. The Constitution of the United States, for example, contains a preamble and seven articles that describe the way the government is structured and how it operates.

The Constitution of the United States is the oldest active codified constitution. It establishes the three branches of government and their powers: Legislative (Congress), Executive (Office of the President), and Judicial (Federal Court System). A system of checks and balances prevents any one of these separate powers from becoming dominant.

The Constitution creates a federal system of government in which power is shared between the federal government and the state governments. Federal laws apply throughout the United States and to everyone in the country. They cover areas such as immigration, bankruptcy, the postal service, intellectual property, and the military.

State laws, on the other hand, apply to people who live or work in a particular state, commonwealth, or territory. Each state has its own system of laws and courts that handle various legal matters. Some states have their own set of statutes that cover subjects that are generally matters of state and not federal law, such as family law, divorce, child custody, and guardianships.

In cases where there is a conflict between federal and state laws, the Supremacy Clause of the U.S. Constitution (Article VI) states that federal laws have superiority and are the "supreme law of the land." This means that federal laws take precedence over state laws and constitutions.

It is important to understand the differences between federal and state laws when researching a legal issue or filing a lawsuit, as it determines the sources of law to use for research and the proper court for filing a case.

Natural rights and civil liberties

The US Constitution, written in 1787, outlines the way the government is structured and operates, establishing the three branches of government: the Legislative, Executive, and Judicial. It also includes a system of checks and balances to prevent any one of these powers from becoming dominant.

The Constitution also acts as a limiter of state power, protecting individual liberties and natural rights. The first ten amendments to the Constitution, known as the Bill of Rights, were written by James Madison to limit government power and protect individual liberties. The Bill of Rights includes freedoms of speech, religion, and the right to bear arms, while also ensuring protections such as due process and trial by jury. The First Amendment, for example, explicitly prohibits the government from infringing on liberties such as freedom of speech and freedom of religion.

The concept of natural rights has been explored by different philosophers and statesmen, with varying interpretations. The right to life and liberty is often considered the highest priority, with some also emphasizing property as a primary natural right. The 1948 United Nations Universal Declaration of Human Rights asserts that rights are inalienable, and Article 1, Section 1 of the California Constitution recognizes inalienable rights, including defending life and liberty, and pursuing safety, happiness, and privacy.

Civil liberties are freedoms guaranteed by the US Constitution, primarily from the First Amendment. They are natural rights inherent to each person and act as restraints on how the government can treat its citizens. While civil rights are claims built upon legislation, civil liberties are constitutionally protected freedoms. For example, the freedom of religion is recognized as both a civil right and a civil liberty, protected by the Constitution from government infringement.

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