The United States Constitution and Related Concepts

Basic Structure of the Constitution

The United States Constitution details the three branches necessary for the national government: legislature, judiciary, and executive.

The preamble functions as the introduction and states goals such as justice, tranquility, defense, and general welfare.

Other articles cover the amendment process, ratification, the legal status of the Constitution, and the states.

Since 1791, there have been 27 ratified amendments, all covering expansive freedoms and rights that have been recognized with time (“Constitution of the United States,” 2021).

The Rationale to Create the United States Constitution

Any constitution is important to its people due to the coordination it offers among society members.

Each participant plays a role in delegating who has the power to make decisions for the general masses and how to fairly execute it.

The rationale behind the American constitution also included a limitation of governmental powers so as not to create any impositions on its citizens (“Constitution of the United States,” 2021).

The Primary ‘Architect’ of the Constitution

The federal constitution was approved by the states and went into effect in 1789 (The United States Government, 2022).

James Madison realized the importance of a ‘Bill of Rights’ to protect individual rights and highlighted his argument to Congress.

He was a leader in the First Congress and suggested 12 amendments, all of which were ratified and are now constitutionally recognized (The United States Government, 2022).

The Powers of Congress

In Congress, the House of Representatives has 435 elected members and 100 senators in the Senate. The former is presided over by the speaker, whereas the Vice President leads the latter (“Branches of the U.S. Government,” 2022).

There are an additional 6 non-voting members who represent Puerto Rico, the Columbia District, the U.S. Virgin Islands, Guam, the Northern Mariana Islands and American Samoa (“Branches of the U.S. Government,” 2022).

Congress has investigative powers and passes bills through a majority vote. The House may pass an impeachment motion to the Senate, which has the sole power to approve appointments requiring consent.

The Powers of the President

The executive powers reside in the presidential office, which is granted the ability to execute laws written by the legislative branch. Bills that are not uto par can also be vetoed by this office.

Presidents preside over the executive branch and appoint 15 department members to oversee daily federal government operations (“Branches of the U.S. Government,” 2022).

Diplomatic relations with foreign governments are the responsibility of the executive, which is also required to give a State of the Union address, dictating their yearly agenda.

A person needs to be at least 35 years old, a natural-born citizen on America, and with an in-country residence of approximately 14 years, to qualify for the presidency (“Branches of the U.S. Government,” 2022).

The Powers of Judiciary

The United States Constitution determines if federal laws are in accordance with the Constitution and resolves any resultant disputes (“Modes of Constitutional Interpretation,” 2018).

Judges are dependent on the executive branch to create laws, which it looks to enforce through branches such as the courts, the police system, and legal representatives.

Therefore, the branch resolves legal disputes, interprets state and federal laws, and punishes violators after determining their guilt or innocence.

The Concept of ‘Limited Government’

Democratic governments fall under the purview of limited governments, a concept that was introduced first in 1512 in the English Magna Carta (Wallstreetmojo Team, 2022).

The United States functions as a constitutionally limited government where separation of power, the rights of minorities, and the consent of the governed are included.

Limited governments focus on individual rights, making them crucial to progress, equality, and cooperation.

Federalism

The first system of government in America governed the original 13 states through the Articles of Federation (Walsh, 2022).

However, the document’s weaknesses stemmed in Congress’s inability to strongly enforce laws or collect taxes within these states. Therefore, the Founding Fathers adopted federalism to reinforce the document.

In 1787, the Constitutional Convention reflected federal changes to the constitution by creating a strong central government to oversee these tasks (Walsh, 2022).

Thus, the power was now shared between local, state, and national government so as to distil powers to the lowest administrative level. An example of this distillation of power is the Every Student Succeeds Act, which enables equitable distribution of education resources to disabled children and music teachers (Darrow, 2016).

The System of Checks and Balances

Governmental checks and balances exist to reduce improper behavior and prevent power centralization. Therefore, no one person or branch possesses all the power to make critical decisions affecting millions of people.

One example is in law-making, wherein Congress can create and suggest laws, but the president can veto those that are not in the people’s best interests.

However, even if the president veto’s a law, congress can override the decision. Ultimately, even if Congress creates laws, the judiciary can declare them unconstitutional, limiting the legislative branch’s scope.

The Bill of Rights

The Bill of Rights defines the process of law by limiting cruelty, unfair punishments, and excessive bail.

These rights range from those to bear arms to those governing a trial by a jury in a court proceeding. The sub-categories within it ascertain people’s rights and the power reserved by the state.

The devolution of rights from the federal government to states led to the creation of the Elementary and Secondary Schools Act (Horsford et al., 2017). The federal government now plays a deeper role in educational policy and reform leading to equitable representation for every American child.

The Constitutional Amendment Process

An amendment proposal only goes through if backed by two-thirds support in the House of Representatives and Senate. After which, the archivist administers the ratification process.

A letter of notification is sent to governors with information prepared by the Office of the Federal Register. Governors in turn submit the same to state legislatures who further ratify the proposal.

If three-fourths of the states ratify it, a formal proclamation is drafted to certify the amendment’s validity which is published in the Federal Register. The certification concludes and legalizes the process.

Education amendments such as Title IX of 1972, affect women’s rights and representation in sectors such as sports (Morar, 2017). Since its introduction, it has increased funding for women in federal education programs, an aspect that shows the interconnectivity of state and federal systems.

References

Branches of the U.S. government. USAGov. (2022). Web.

Constitution of the United States. U.S. Senate. (2021). Web.

Daniel Lambright (2015). Man, Morality, and the United States Constitution, 17 U. Pa. J. Const. L. 1487. Web.

Darrow, A. A. (2016). The Every Student Succeeds Act (ESSA). General Music Today, 30(1), 41–44. Web.

Horsford, S. D., Jean-Marie, G., Tran, N., Carpenter, B., Adams, C., Schares, D., & Sanders, K. N. (2017). Special issue introduction: School leadership and the Every Student Succeeds Act: Dilemmas and possibilities in an era of inequality. Journal of School Leadership, 27(5), 618–621. Web.

Modes of Constitutional Interpretation. Congressional Research Service. (2018). Web.

Morar, M. (2017). PBS – constitution USA 4/4 built to last. YouTube. Web.

The United States Government. (2022). James Madison. The White House. Web.

Wallstreetmojo Team. (2022). Limited government. WallStreetMojo. Web.

Walsh, C. (2022). What is federalism? State Policy Network. Web.