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The Constitution defines the
fundamental law of the United States federal government, setting
forth the three principal branches of the federal government,
outlining their jurisdictions, and propounding the basic rights
of United States citizens. It has become the landmark legal
document of the Western world, and is the oldest written national
constitution currently in effect. The essential principle
of the document is that government must be confined to the
rule of law.
During the Constitutional
Convention in Philadelphia, convened in the summer of 1787,
55 delegates met to amend the Articles of Confederation, the
first written constitution of the United States. However,
in its final form, the new Constitution of the United States
was substantially rewritten. On September 28, 1787, it was
submitted to the 13 states for ratification. By June 1788,
nine states had ratified the document. March 4, 1789, was
set as the day the new Constitution would take effect.
Ratification in most states
depended upon the adoption of the Bill of Rights -- as the
first proposed amendments to the Constitution. Of the 12 amendments
proposed in September 1789, 10 were ratified by the states,
and their formal adoption occurred on December 15, 1791.
The
Articles of Confederation
The Articles of Confederation, written in 1781, had been explicit
in guarding the independence of the states and did not provide
for a federal chief executive or judicial system. Any amendment
to the Articles of Confederation had required unanimous approval
of all the states. The early framers of the Articles had been
heavily influenced by the constitutions of individual states
and the principles underlying the Declaration of Independence,
and were particularly concerned with limiting the powers of
the federal government over the states and guaranteeing the
freedom of each individual citizen.
To allay the fear that a monolithic
centralized government in which all power was vested would
readily lead to tyranny, the principle of separation of power
among the executive, legislative and judicial branches was
devised. This system of checks and balances would maintain
the delicate balance between the authority of the federal
government and the rights and liberties of the individual
citizen.
Interpretation
of the Constitution
The Constitution represents only a set of general principles
out of which implementing statutes and codes have emerged.
The success of the document in remaining the foundation of
American government is based on the fact that successive Congresses
and Courts have been able to interpret it or readapt it to
the demands of changing times.
Often, contributions to Constitutional
interpretation are set by precedent, custom and usage. Early
on, Congress began enhancing the definition of Constitution
powers through statute, such as providing for the creation
of the federal budget system, executive departments, federal
courts, new states and territories, and controlling presidential
succession. Article I, section 8, states that Congress shall
have the authority "To make all Laws which shall be necessary
and proper for carrying into Execution" the various powers
allotted to the federal government by the Constitution.
The executive branch added
to Constitutional interpretation by developing the executive
agreement as a foreign policy instrument. Other practices
based on custom and usage have become practically unassailable
and have been recognized as valid extensions of Constitution
interpretation: political parties, procedures for nominating
presidential candidates, the electoral college system, the
appointment of a presidential cabinet.
Articles
I - VII : The Organization of the Federal Government
The organization of the Federal government is laid out in
the first seven articles of the Constitution.
Article
I vests all law-making powers in the House of Representatives
and the Senate, giving those legislative bodies the right
to raise taxes, borrow money, regulate interstate commerce,
conscript military forces, and declare war. Each legislative
body was given power to determine its own rules of procedure.
As an additional check on the executive branch, the House
was authorized to instigate impeachment proceedings against
the chief executive officer, the President, and the Senate
to adjudicate them.
Article
II vests executive power in the hands of the President,
including responsibilities as the chief executive officer,
commander-in-chief of the military forces, and with treaty-making
power (with the approval of two-thirds of the Senate). The
President is also given power of appointment for positions
within the Federal government, upon approval of the majority
of the Senate.
Article
III puts judicial power in the hands of the courts.
The Supreme Court of the United States is mandated as the
final court of appeal from the lower state and federal courts.
The courts interpret the Constitution -- that is, they have
the power of judicial review. Although this power was not
explicitly mentioned in the Constitution, the principle was
definitively established by Chief Justice John Marshall in
the 1803 Supreme Court case Marbury v. Madison.
Article
IV of the Constitution treats relations among the states
and the rights of citizens of the states.
Article
V deals with the procedures to amend the Constitution.
(Amendments to the Constitution may be proposed by a 2/3 vote
of both houses of Congress, or by a Constitutional convention
called by Congress upon the appeal of 2/3 of state legislatures.
Any proposed amendments must be ratified by 3/4 of state legislatures
or by Constitutional conventions called by the states. To
date, all amendments to the Constitution have been initiated
by Congress, rather than the state legislatures.)
Article
VI deals with public debt and final and ultimate authority
of the Constitution. Article VII sets forth terms of ratification
of amendments.
Enumerated Powers
Article X states that the national
(federal) government has only those powers that are delegated
to it explicitly -- enumerated -- in the Constitution. All
other government powers fall by default to the states -- residual
powers -- with the limitation that nothing prescribed by state
law can nullify any of the powers granted in the Constitution.
Despite the fact that residual powers remained with the states,
the "elastic clause" of the Constitution (Article
I, section 8) states that Congress shall have the authority
to "make all Laws which shall be necessary and proper
for carrying into Execution" the powers given to the
federal government by the Constitution.
Amendments to the Constitution
Twenty-seven amendments have been added
to the Constitution since 1789. The first ten amendments,
known as the Bill of Rights, were adopted as a unit in 1791.
Although the federal government
is required by the provisions of the Constitution to respect
the individual citizen's basic rights, such as right of trial
by jury (Article I, Sec. 9), the most significant guarantees
for individual civil rights were provided by ratification
of the Bill of Rights (Amendments 1-10). The First Amendment
guarantees freedom of religion, speech, and the press, the
rights of peaceful assembly and petition. Other amendments
guarantee private property, fair treatment of those accused
of crimes, such as unreasonable search and seizure, freedom
from self-incrimination, a speedy and impartial jury trial,
and representation by counsel.
Other amendments provided
for abolishing slavery (13th - 1865), universal male suffrage
[right to vote] (15th - 1870), a federal income tax (16th
- 1913), direct election of United States Senators (17th -
1913), women's suffrage (19th - 1920), limiting to two the
number of terms any one person may serve as president (22nd
- 1951), suffrage to citizens 18 years and older (26th - 1970).
The 18th Amendment (1919), mandating nationwide prohibition
of alcoholic beverages, met with open defiance; the 21st Amendment
(1933) repealed the failed 18th Amendment. An attempt to pass
an Equal Rights Amendment (1972) fell three states short of
ratification; it was reintroduced in Congress in 1982.
The 14th Amendment, ratified
in 1868, placed several significant limitations on the powers
of the states. It extended the federal protections of the
Bill of Rights to citizens under state law, who previously
had to look to each state constitution for such rights. The
other provision of the 14th Amendment which places limits
upon the powers of the state is the guarantee of "equal
protection under the law" for all citizens of the United
States. The Supreme Court applied this clause in its landmark
decision outlawing school segregation (Brown v. Board of Education
of Topeka).
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