Cecily Zamora
The US Constitution is the oldest written national constitution still in use today and is considered the supreme law of the land. It defines the basic rights of citizens and the principal organs of government, outlining the US judicial system and the powers of the federal government. The Constitution is not just a collection of laws but a framework for governance, with the power to interpret and apply the law falling to the federal judiciary. The Constitution has been amended 27 times since it came into operation in 1789, with amendments appended to the original document.
| Characteristics | Values |
|---|---|
| Purpose | To limit the power of the government, secure the liberty of citizens, and define the basic rights of citizens |
| Separation of Powers | Legislative, Executive, and Judicial |
| Amendments | 27 |
| Bill of Rights | First 10 amendments |
| Federal Courts | Have criminal contempt and civil contempt powers |
| Judicial Power | Includes the power to punish, sentence, and direct future action to resolve conflicts |
| Judicial Decisions | Cannot be interrupted by federal courts |
| Federal Judiciary | Headed by the Supreme Court |
| Supreme Court | Holds discretionary jurisdiction |
| Federal Government | Divided into three branches: Legislative, Executive, and Judicial |
| Legislative Branch | Congress, which makes the laws |
| Executive Branch | Presidency, which executes the laws |
| Judicial Branch | Interprets the laws |
| Citizenship | All persons born or naturalized in the United States are citizens |
| Debt | The validity of the public debt of the United States shall not be questioned |
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What You'll Learn
The US Constitution is the fundamental law
The US Constitution is the supreme law of the land and the oldest written national constitution still in use. It is the fundamental law that defines the basic rights of citizens and the principal organs of government, outlining their powers and jurisdictions. The Constitution was written and signed by delegates in 1787, after the Revolutionary War, and ratified in 1788. It has been amended 27 times since it became operational in 1789.
The Constitution separates the powers of the federal government into three branches: the legislative, executive, and judicial. The legislative branch, outlined in Article I, is Congress, which makes the laws. The executive branch, outlined in Article II, is the Presidency, which executes the laws. The judicial branch, outlined in Article III, is the federal judiciary, headed by the Supreme Court, which interprets the laws. The Constitution outlines the US judicial system, and federal courts have the power to interpret and apply the law to a particular case.
The Constitution was the result of months of thoughtful deliberation, debate, and compromise among the delegates. The framers of the Constitution were especially concerned with limiting the power of government and securing the liberty of citizens. The doctrine of separation of powers and checks and balances of each branch against the others was designed to strike a balance between authority and liberty.
The Federalist Papers, a series of 85 essays by Alexander Hamilton, James Madison, and John Jay, were written between 1787 and 1788 to promote the ratification of the Constitution. In The Federalist #78, Hamilton noted that federal courts "were designed to be an intermediate body between the people and their legislature" to ensure that the people's representatives acted only within their authority. The essays also state that if any law passed by Congress conflicts with the Constitution, "the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents."
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The Constitution outlines the US judicial system
The US Constitution, which came into operation in 1789, outlines the US judicial system as one of the three distinct branches of the federal government, alongside the legislative and executive branches. Article III, Section I of the Constitution establishes the federal judiciary, vesting the judicial power of the United States in the Supreme Court and such inferior courts as Congress may establish.
The Supreme Court is the highest court in the land and acts as the court of last resort for those seeking justice. It is composed of one Chief Justice and eight Associate Justices, who are appointed by the President and confirmed by the Senate. The Court's most well-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison in 1803, where the Court held that an Act of Congress contrary to the Constitution could not stand.
The Constitution grants federal courts criminal and civil contempt powers to enforce judicial decisions, as well as other implied powers such as injunctive relief and the habeas corpus remedy. Federal laws are passed by Congress and signed by the President, while the judicial branch interprets the laws and decides their constitutionality. The Constitution outlines the jurisdiction of the Supreme Court, which has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost all other cases involving constitutional or federal law.
The Judiciary Act of 1789, enacted by Congress, further filled in the details of the judicial system, creating a Supreme Court with six justices and establishing the lower federal court system. Today, Title 28 of the US Code describes judicial powers and administration.
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The Constitution separates powers into three branches
The US Constitution is the "supreme law" of the land and has been amended 27 times since it came into operation in 1789. The Constitution separates the powers of the federal government into three branches: the legislative, executive, and judicial.
The Legislative branch, outlined in Article I of the Constitution, is also known as Congress. Congress makes the laws and consists of a Senate and House of Representatives. The Legislative Vesting Clause delineates the powers accorded to the Legislative Branch.
The Executive branch, outlined in Article II, is also known as the Presidency. The President executes the laws and has the power to appoint executive officers and judges or enter into treaties with the Senate's consent. The Executive Vesting Clause delineates the powers accorded to the Executive Branch.
The Judicial branch, outlined in Article III, is also known as the federal judiciary and is headed by the Supreme Court. The Judicial branch interprets the laws and has the power to punish, sentence, and direct future action to resolve conflicts. The Judicial Vesting Clause delineates the powers accorded to the Judicial Branch.
The separation of powers is a key principle of the US Constitution, ensuring that no individual or group can hold power in more than one branch simultaneously. This system of checks and balances helps to protect against the arbitrary exercise of power and preserve liberty. The concept of separating powers into branches was influenced by European Enlightenment thinkers such as Montesquieu and John Locke.
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The Constitution limits the power of government
The Constitution of the United States is the supreme law of the land. It was written and signed in 1787, after the Revolutionary War, and ratified in 1788. The Constitution outlines the U.S. judicial system, and it has been amended 27 times since it became operational in 1789.
The Constitution limits the power of the federal government by dividing it into three branches: the Legislative, Executive, and Judicial. The Legislative branch, or Congress, is responsible for making laws. The Executive branch, or the Presidency, executes the laws. The Judicial branch, or the federal judiciary, headed by the Supreme Court, interprets the laws.
The Constitution also places restrictions on the powers of the federal government within the U.S. states. It specifically limits federal legislative power to those powers expressly mentioned in the Constitution and the power to make laws necessary to carry out the federal government's limited functions. The Constitution grants federal courts criminal and civil contempt powers to enforce judicial decisions and outlines the authority to punish, sentence, and direct future action to resolve conflicts.
Additionally, the Constitution reserves powers not delegated to the federal government for the states or the people. This ensures that the federal government does not overreach its authority and preserves the independence of the states. The Tenth Amendment, part of the Bill of Rights, further emphasizes these restrictions on government power and expands individual civil rights protections.
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The Constitution protects individual liberty and civil rights
The US Constitution, which became operational in 1789, has been amended 27 times. The first ten amendments, known as the Bill of Rights, offer protections of individual liberty and justice and restrict the powers of the government. The majority of the 17 later amendments expand protections of civil rights.
The Constitution separates the powers of the federal government into three branches: the legislative branch (Congress, which makes the laws), the executive branch (the Presidency, which executes the laws), and the judicial branch (federal judiciary, which interprets the laws). The Constitution grants federal courts criminal contempt and civil contempt powers. It also expressly protects certain rights and liberties for individuals from government interference.
The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury, and the right to be informed of criminal charges. The Seventh Amendment extends the right to a jury trial in federal civil cases. The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment. The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out. The Tenth Amendment says that the Federal Government only has the powers delegated to it in the Constitution.
The First Amendment prohibits congressional enactments that abridge freedom of speech, and the Second Amendment grants the right to keep and bear arms. The Fourteenth Amendment's Due Process Clause protects certain fundamental constitutional rights found in the Bill of Rights from state government interference. For example, in Obergefell v. Hodges, the Court held that the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, same-sex couples may not be deprived of that right.
The Constitution also protects civil rights, such as the equal right to vote. The 13th Amendment ended slavery nationwide, and the 14th Amendment grants citizenship to “all persons born or naturalized in the United States”. It also prohibits states from violating the “privileges or immunities of citizens of the United States”.
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Frequently asked questions
The Constitution of the United States is the fundamental law of the U.S. federal system of government. It defines the basic rights of citizens and the principal organs of government and their jurisdictions.
The Constitution is the "supreme law" of the land. It outlines the U.S. judicial system and the separation of powers into three branches: the legislative branch (Congress), the executive branch (the Presidency), and the judicial branch (federal judiciary).
Yes, the Constitution has been amended 27 times since it became operational in 1789. Amendments expand individual civil rights protections, address issues related to federal authority, and modify government processes and procedures.
