mypoliticsnotes

The US Constitution is an 18th-century document that is still used in the 21st century. Its inflexibility is key here. The history of the US Constitution begins with the independence of America, which occurred due to opposition to British attempts to impose greater control and take away the colonists’ freedoms. The founding balance of the Constitution was an attempt to create strength while also protecting the rights of states and individual liberties. Smaller states wanted the federal government to have less power and to be mostly appointed; larger states wanted it to have more power and to be more democratic.
A key quote to remember here is one by Thomas Jefferson: "Taxation without representation is tyranny."

The content of the Constitution includes articles and amendments. There are seven articles, some of them deal with the presidency, executive power, the rights of states, and the supremacy of the Constitution.
Important features of the US Constitution include:

Its emphasis on representative government, not democracy, as the original Constitution contained no aspiration to one man, one vote, one value.
The notion of representative government is emphasised by the indirect election of the president, who was and still is elected via the Electoral College, not by direct popular vote.
Its fear of mass democracy. Hamilton wrote: "Can a democratic assembly … pursue the common good?" He emphasised that nothing but a permanent body could check the risky behaviour of democracy. That permanent body was the Constitution.

It was a product of its time and the culture of its authors. The Founding Fathers were all wealthy white males.
It was mostly about the framework and structure of government, not individual rights. Those individual rights first appeared in 1791 with the first 10 constitutional amendments, known as the Bill of Rights.
The order of the Articles was intentional: Congress comes first, suggesting it is the principal player, followed by the President, who serves as an international representative and a unifying figure, rather than a powerful authority.
There was an implicit fear of power. They accepted that some power was needed for the nation to prosper, but too much power was dangerous. Thomas Jefferson wrote: “Good governance does not come from concentration of powers, but by their distribution.” Therefore, a limited government was necessary.

The US Constitution left much unsaid, and much of it was vague.
Powers that are only vaguely outlined are called implied powers. For example, the President can have help with the workload hence, the creation of a Cabinet.
There are also delegated powers, designed to be long-lasting and not easily changed. For example, the minimum age for a president is 35.

The Constitution’s vagueness and silence can be a strength because it has allowed it to evolve and develop over time. For example, the term “general welfare” has changed significantly in meaning since the 18th century.
The same applies to the Necessary and Proper Clause, which enables Congress to make any laws necessary and proper to carry out federal duties.
This has allowed for change. For instance, the Immigration Restriction Act of 1924 reflected racial bias by banning Asian immigration, yet in 1965, Congress passed the Voting Rights Act, which expressly forbade racial discrimination in voting, reflecting changing values.
However, the Constitution also avoided key issues. For example, by saying nothing about slavery, it sowed the seeds of division, leading to the 1860 Civil War. Only after that was slavery banned, with the 13th Amendment.

The vagueness and ambiguity in certain areas like gun rights and the ability to make war have caused problems.
For example, the phrase “right to bear arms” is followed by “a well regulated militia being necessary to the security of a free state”.
This raises questions: Do all US citizens have a right to private gun ownership, or just those in the military reserves? The term “arms” in the 1780s referred to single-shot muskets does that include semi automatic weapons and handguns today?
Here, vagueness becomes a problem.

The amendment process is robust and requires a supermajority, preventing the Constitution from being easily changed or abused.
However, some argue it has gone too far, there is concern that the last major formal amendment was over 50 years ago.

The Constitution places the organisation of elections firmly in the hands of the 50 individual states.
This means that in practice, election conduct varies e.g. early voting, how primaries are organised, and voting rights for ex felons differ between states.

An important part of the Constitution is the separation of powers/personnel and the system of checks and balances.
The Senate provides a key check on presidential appointments through its “advice and consent” powers. It can prevent unsuitable or inexperienced candidates from being appointed.
For example, Harriet Miers (2005) was blocked, and Trump’s 2018 nominee Ronny Jackson withdrew after the Senate Veterans Affairs Committee investigated misconduct allegations.

Some presidential checks include the veto and pocket veto of acts passed by Congress.
However, these are not always effective. For example, Trump’s veto of a defence spending bill in January 2021 was overturned by Congress.
Presidents can also issue executive orders to bypass formal legislation for example, Trump’s travel ban on several Muslim majority countries.
Presidents may also use their role as Commander in Chief to deploy US troops overseas without needing Congressional approval.

Some congressional checks include:

The Senate must confirm presidential appointments (including judges) by a simple majority. For example, Robert Bork was rejected in 1987.

Congress can refuse to pass legislation proposed by the President.

Congress can impeach the President. For instance, in 2019, the House impeached Donald Trump, but the Republicandominated Senate did not convict.

Congress can impeach and remove federal justices. For example, Thomas Porteous was impeached and unanimously removed from office.

Learn More