Eleanor Finch
The US Constitution is organized into three parts. The first part, the Preamble, is an introduction to the document and the Federal Government, emphasizing the power of the government as originating from the people of the United States. The second part, the seven Articles, establishes the structure of the government and how the Constitution can be changed. The third part, the Amendments, lists changes to the Constitution. The Constitution is often called the supreme law of the land, and it is flexible, allowing for changes in the government.
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What You'll Learn
The US Constitution is a 'living' document
The US Constitution is often referred to as a "living document" because it can be amended to adapt to new circumstances and the needs of a changing society. This viewpoint, known as "judicial pragmatism," asserts that the Constitution evolves and transforms according to the necessities of the time, even without being formally amended.
Proponents of the living document theory argue that the framers of the Constitution, many of whom were trained lawyers and legal theorists, intentionally wrote the document in broad and flexible terms, leaving room for interpretation and future amendments. They contend that interpreting the Constitution in accordance with its original meaning or intent is sometimes unacceptable, especially when dealing with a large, complex, diverse, and ever-changing society.
The flexibility of the Constitution allows for changes in the government and ensures that it remains relevant as society progresses. Over the years, thousands of amendments have been proposed, with 27 being ratified, addressing issues such as voting rights, civil liberties, and the structure of government.
Critics of the living document theory, often associated with originalism, argue that the Constitution should only be changed through a formal amendment process. They believe that allowing judges to interpret and change the Constitution's meaning undermines democracy and that legislative action better represents the will of the people in a constitutional republic.
The debate surrounding the living document interpretation of the US Constitution highlights the challenges of interpreting and applying a document created centuries ago to a modern and evolving society. While some view the Constitution as a dynamic and adaptable framework, others insist on a strict adherence to its original meaning and intent.
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It establishes a federal democratic republic
The US Constitution establishes a federal democratic republic. It is the framework for the US federal government and is often referred to as the "supreme law of the land". The Constitution is organised into three parts: the Preamble, the seven Articles, and the Amendments.
The Preamble describes the purpose of the document and the federal government, and it begins with the words "We the People", emphasising that the power of the government originates from the people of the United States.
The seven Articles establish how the government is structured and how it operates. The first three articles establish the three branches of government and their powers: the Legislative Branch (Congress), the Executive Branch (office of the President), and the Judicial Branch (Federal court system). A system of checks and balances prevents any one of these separate powers from becoming dominant.
Articles four through seven describe the relationship of the states to the Federal Government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes. For example, Article IV outlines states' powers in relation to each other, and Article V explains the process for amending the Constitution, which is more difficult than the process for making laws.
The third part of the Constitution, the Amendments, lists changes to the Constitution. The first 10 amendments are known as the Bill of Rights. Amendments are proposed by two-thirds of the state legislatures submitting an application to Congress, after which Congress calls a national convention at which states propose amendments. Three-fourths of the state legislatures or state conventions must vote in favour of an amendment to ratify it.
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It outlines the three branches of government
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first three articles establish the three branches of government and their powers: the legislative branch (Congress), the executive branch (the office of the President), and the judicial branch (the Federal court system).
Article I assigns the responsibility for making laws to the legislative branch, or Congress, which is divided into two parts: the House of Representatives and the Senate. The Seventeenth Amendment (1913) modified the way senators are elected by stipulating that they are to be elected by direct popular vote.
Article II concerns the executive branch of government, headed by the President. The Twentieth Amendment (1933) changed the date on which a new President, Vice President, and Congress take office, thus shortening the time between Election Day and the beginning of their terms.
Article III establishes the Supreme Court as the highest judicial power in the United States. The Federal court system includes a three-tiered court system, with Federal judges appointed for life unless they commit a serious crime. The Supreme Court has the power of judicial review, which includes the authority to examine Federal legislation, the Federal executive, and all state branches of government, to decide their constitutionality and strike them down if found unconstitutional.
A system of checks and balances prevents any one of these three branches from becoming dominant.
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It establishes the Supreme Court's power
The US Constitution is often referred to as a "living" document, owing to its flexible nature and the fact that it can be amended. It is organised into three parts: the Preamble, the seven Articles, and the Amendments.
The third Article of the US Constitution establishes the federal judiciary, with the judicial power of the United States "vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish". This Article III, Section I, grants the Supreme Court original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. It also grants the Court appellate jurisdiction over almost any other case that involves a point of constitutional or federal law. For example, this includes cases where the United States is a party, cases involving treaties, and admiralty cases.
The Supreme Court's power of judicial review is its most well-known authority. This power was established in the case of Marbury v. Madison (1803), where the Court decided that an Act of Congress that is contrary to the Constitution could not stand. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution, and to ensure that each branch of government recognises the limits of its own power.
The Supreme Court also has the authority to strike down state laws found to be in violation of the Constitution. This authority was established following the passage of the Fourteenth Amendment in 1869, which allowed the Supreme Court to rule that most provisions of the Bill of Rights were applicable to the states as well. This power gives the Court the final say over when a right is protected by the Constitution or when a Constitutional right has been violated.
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It can be amended
The US Constitution is a flexible document that can be amended, and over 200 years there have been 27 amendments. The first 10 amendments are called the Bill of Rights. The flexibility of the Constitution is one of its most important features, allowing it to adapt to the changing needs of the nation.
Article V of the Constitution outlines the process of amending the document. It is a complex and lengthy process, deliberately so, to ensure that any changes are well-considered and widely supported. The process is also different from the process of making laws. An amendment must be approved by two-thirds of the Senate and two-thirds of the House of Representatives before it can be sent to the state legislatures for a vote. Alternatively, two-thirds of state legislatures can submit an application to Congress, which then calls a national convention where states propose amendments. For an amendment to be ratified, three-fourths of state legislatures or state conventions must vote in favour.
The process of amending the Constitution is a key aspect of its design, allowing it to be a living document that can adapt to the changing needs and circumstances of the nation. The founding fathers recognised that the nation would evolve and that the Constitution would need to be adaptable to ensure its longevity and effectiveness.
The Constitution's ability to be amended is a testament to its creators' foresight and understanding of the need for flexibility in governance. It is a powerful tool that has allowed the nation to grow and change while still being guided by the foundational principles laid out in the original document. The amendment process ensures that any changes are made in a considered and deliberate manner, with broad support and input from various levels of government.
The US Constitution's ability to be amended is a key feature that has contributed to its longevity and effectiveness as a governing document. It is a living, breathing document that has guided the nation for over two centuries, adapting to the changing needs and circumstances of a nation while still upholding the fundamental principles upon which it was founded.
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Frequently asked questions
The US Constitution is a "living" document that originates its power from the people of the United States.
The US Constitution is organised into the Preamble, the seven Articles, and the Amendments.
The seven Articles describe the three branches of government and their powers, as well as the relationship of the states to the Federal Government.
