Cecily Zamora
A country's constitution is a set of fundamental principles that dictate how the government exercises its authority. It outlines the core values of the people and serves as the foundation for the nation's laws. The constitution of a country typically includes information on the government's structure, powers, and limitations, as well as the rights and responsibilities of its citizens. For example, the US Constitution, composed of a preamble, seven articles, and 27 amendments, has been a notable model for governance worldwide. It includes the Bill of Rights, which guarantees freedom of religion, speech, equal treatment, and due process of law. The UK, on the other hand, has an uncodified constitution that relies on legislative statutes and constitutional conventions. Constitutions vary in their specific content and structure, reflecting the unique historical, cultural, and political contexts of each nation.
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What You'll Learn
Voting rights
The original US Constitution does not explicitly mention the right to vote, instead stating that anyone eligible to vote for the largest house of a state legislature is also eligible to vote for members of the House of Representatives from that state. This gave states the power to decide who qualified to vote, leading to considerable variation in the nation’s early years. While most states initially restricted voting to property-owning or tax-paying white men, some states, like New Jersey, allowed free Black men and women of both races to vote, provided they met property or tax requirements.
Over time, a series of constitutional amendments added protections to the right to vote. The Fourteenth Amendment, ratified in 1868 after the Civil War, granted citizenship to all persons born or naturalized in the United States and subject to its jurisdiction. The Fifteenth Amendment, ratified in 1870, prohibited the government from denying a citizen the right to vote based on that citizen's "race, colour, or previous condition of servitude". This gave African American men the right to vote, although many were still unable to exercise this right due to barriers such as literacy tests and poll taxes. The Nineteenth Amendment, ratified in 1920, gave women the right to vote. The Twenty-fourth Amendment, ratified in 1964, eliminated poll taxes, which had been used to disenfranchise low-income citizens and African Americans. The Twenty-sixth Amendment, ratified in 1971, lowered the voting age for all elections to 18.
Federal laws also help protect Americans' right to vote and make it easier for citizens to exercise that right. The Civil Rights Acts created some of the earliest federal protections against discrimination in voting, with the Voting Rights Act of 1965 prohibiting voter discrimination based on race, colour, or membership in a language minority group. It also required certain places to provide election materials in languages besides English and placed limits on certain states with a history of voter discrimination. The Voting Accessibility for the Elderly and Handicapped Act of 1984 required polling places to be accessible to people with disabilities.
While the US Constitution does not contain an explicit right to vote, almost all state constitutions do. Litigation under state constitutions could be a way to protect voting rights.
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Judicial review
The US Constitution is the nation's fundamental law, and it has been a notable model for governance worldwide. The Constitution did not originally define who was eligible to vote, allowing each state to determine eligibility. Notably, New Jersey allowed women to vote on the same basis as men. The Reconstruction Amendments, adopted between 1865 and 1870, abolished slavery and granted citizenship and voting rights to former slaves. The Constitution also includes the Bill of Rights, which protects freedom of religion, speech, equal treatment, and due process of law.
The Constitution grants federal courts criminal and civil contempt powers, injunctive relief, and the habeas corpus remedy. Federal courts can hear cases arising under US laws, international maritime law, conflicting land grants, and cases between US citizens in different states or with foreign citizens. While the Constitution does not expressly authorise judicial review, precedent has established that courts can exercise it over Congress and the executive branch.
The Supreme Court holds discretionary jurisdiction, meaning it need not hear every case. It can interpret the Constitution and laws passed by Congress, ruling on issues like privacy, abortion, free speech, and affirmative action. The Necessary and Proper Clause confers incidental powers on Congress, and the Supreme Court has interpreted this broadly to allow Congress flexibility in legislation.
The Constitution outlines other laws, such as prohibiting the importation of intoxicating liquors and limiting the president's term to two elections. It also mandates Congress assemble at least annually and outlines rules for its proceedings, including punishment for members and expulsion. Amendments to the Constitution are proposed by two-thirds of both Houses or by two-thirds of state legislatures.
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Freedom of religion, speech, and equal treatment
The US Constitution is the nation's fundamental law, codifying the core values of its people. The First Amendment, in particular, is concerned with protecting freedom of religion, speech, and equal treatment.
The First Amendment explicitly protects two foundational social institutions: religion and the press. It states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abriding the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The Establishment Clause specifically prohibits forms of state intervention in religious affairs. The Free Exercise Clause protects freedom of conscience and worship, paralleling the speech provisions of the First Amendment. The Free Speech Clause prevents government infringement of individual freedom of thought.
The First Amendment has been interpreted by the Supreme Court as protecting certain rights of conscience. The Court has ruled that schools may not violate a party's free exercise or free speech rights based on misconstructions of the Establishment Clause. For example, in Santa Fe Independent School District v. Doe, the Court held that student-led prayers before football games could not be regarded as 'private speech' as they took place on government property at government-sponsored events, and the government helped select the speaker.
The Press Clause has been interpreted as an obstacle to government regulations that grant special privileges to select speakers, including the news media. It has been argued that it protects the right of all speakers to be treated equally in their ability to publish speech.
The freedoms of speech and religion were not initially applied against the states, only the federal government. It was not until the first half of the 20th century that these freedoms were incorporated against the states.
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Congressional assembly
The US Constitution outlines the role of Congress and how it should operate. Article I, Section 1, of the Constitution states that "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
Congress must assemble at least once a year, with the default date and time set as noon on the third day of January. However, Congress can choose to meet on a different day if required. Each House has the authority to determine the rules of its proceedings and may judge the elections, returns, and qualifications of its members. A majority of each House constitutes a quorum to do business, but a smaller number may adjourn from day to day and may be authorised to compel the attendance of absent members.
Congress has the power to make laws and carry out its duties as outlined in Article I. This includes the power to declare war, grant letters of marque and reprisal, make rules concerning captures on land and water, and raise and support armies. Congress can also establish uniform rules of naturalisation and uniform laws on the subject of bankruptcies throughout the United States.
Congress plays a crucial role in the legislative process. All proposals must be considered and approved by both Houses of Congress before becoming law. Bills can originate in either the House of Representatives or the Senate, except for those raising revenue, which must originate in the House of Representatives. This bicameral legislative system allows for full discussion and amendment of bills before they become law, improving them or defeating inadvisable proposals.
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Presidential eligibility
Firstly, the President must be a natural-born citizen of the United States. This requirement was established to ensure that the President's loyalties would lie solely with the United States. The interpretation of "natural-born citizen" has been a subject of debate, but it generally refers to individuals born within the United States or born to parents who are U.S. citizens.
Secondly, the President must have attained the age of thirty-five years. This age requirement was put in place to ensure that the President would have the necessary maturity, experience, and understanding of national interests to effectively carry out the duties of the office.
In addition to the age requirement, the President must have been a resident of the United States for at least fourteen years. This residency requirement further emphasises the importance of a strong connection and understanding of the nation and its interests.
The process of electing the President is outlined in Article II, where it states that each state shall appoint electors who will cast ballots for two individuals, ensuring that at least one of them is not from the same state as the electors. The electors then create a list of the individuals voted for and the number of votes received. This list is sent to the President of the Senate, who plays a role in certifying the election results.
The Vice President is typically the individual with the second-highest number of votes from the electors. However, if there is a tie between two or more individuals for the position of Vice President, the Senate will choose the Vice President through a ballot.
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Frequently asked questions
The U.S. Constitution is the nation's fundamental law and has served as a notable model for governance worldwide. Here are some notable laws enshrined in it:
- The First Amendment protects fundamental freedoms, including freedom of speech.
- The Second Amendment grants the right to bear arms.
- The Thirteenth Amendment abolished slavery.
- The Fourteenth Amendment ensures equal protection and rights for all citizens.
- The Fifteenth Amendment guarantees the right of citizens to vote, regardless of sex, race, or previous condition of servitude.
Throughout history, several constitutions have stood out for their influence and unique characteristics:
- The Constitution of San Marino is one of the world's oldest active written constitutions, with some core documents dating back to 1600.
- The United States Constitution is the oldest active codified constitution.
- The Constitution of India is the longest written constitution, with 146,385 words in its English-language version.
- Japan's Seventeen-article Constitution, written in 604 by Prince Shōtoku, is an early example of a constitution in Asian political history, focusing on social morality rather than government institutions.
A constitution defines the principles upon which a state is based, the procedure for lawmaking, and who has the authority to make those laws. Some constitutions, especially codified constitutions, also limit state power by establishing boundaries that rulers cannot cross. The U.K. Constitution, for example, is uncodified and is instead composed of various fundamental acts of legislature, court cases, and treaties.
