American politics
The Constitution
The United States Constitution is a foundational document that establishes the
framework of the federal government and outlines the rights of the citizens. Codified
on September 17, 1787, and ratified by the necessary nine states by June 21, 1788,
the Constitution comprises a written, rigid, and supreme legal document that is both
comprehensive and succinct.
The US Constitution is codified and therefore exists as a singular, written document.
Characteristics of a codified constitution include its formal, written nature, which
distinguishes it from an uncodified constitution that may consist of multiple
documents, statutes, and conventions. A codified constitution is typically designed to
be a clear, accessible, and authoritative source of law that provides a stable
framework for governance and protects the rights of citizens.
There are three key principles of a codified constitution.
1. Authoritative - A constitution can be seen as a higher law than standard
legislation. It sets out the rule by which the political institutions, including
those who create the legislation
2. Entrenched - A codified constitution is referred to as entrenched, meaning it
is incredibly difficult to amend or abolish.
3. Judiciable - As the constitution occupies a place in higher law, it allows other
laws to be judged against it, as to whether or not they are constitutional or not.
The constitution is a blend of specificity and vagueness. This function is
performed by the judiciary.
Key terms
Supremacy clause – The portion of Article VI which states that the Constitution, as well as
treaties and federal laws, ‘shall be the supreme law of the Land’
Enumerated or delegated powers – Powers delegated to the federal government under the
Constitution. Generally, these are those enumerated (established) in the first three articles of
the constitution
Implied powers – Powers of the federal government that, while not explicitly stated in the
Constitution, are deemed necessary and proper to execute the government's enumerated
powers. These powers are derived from the Necessary and Proper Clause (also known as the
Elastic Clause) of the U.S. Constitution. This clause grants Congress the authority to pass all
laws necessary and proper for carrying out the enumerated list of powers.
Reserved powers – Powers not delegated to the federal government which are reserved to the
states and to the people
Concurrent powers – Powers possessed by both federal and state governments
, American politics
However, as with any government model there are clear advantages and
disadvantages to a codified constitution …
Advantages Disadvantages
Limited Government – The rules for Rigidity – codified constitutions are
government are established so it notoriously difficult to amend. The US
becomes clear when government Constitution has only had 27
oversteps the mark. amendments since 1787.
Protection of rights – Basic rights are Judicial tyranny – A codified
entrenched in the constitution such as constitution, is interpreted by the
freedom of speech, meaning legislation judiciary and as such it can be the case
cannot trample over these rights. that judges can ‘legislate from the
bench’
Clear rules for political procedure –
Unlike the UK, a codified constitution
allows for removal of precedent as a
form of procedure. Things become far
more clear-cut.
Amendments
The amendments process is a very difficult, two stage process requiring super
majorities of more than 50%, such as two thirds or three quarters majority. In stage
one, it needs to be proposed by two-thirds of the house and senate and in stage two,
it needs to be ratified by three quarters of the state legislature. Amendments are
rare, and there has so far only been 26 amendments to the US constitution. One of
these amendments was the bill of rights, the bill that secures the right to ‘plead the
fifth’ (V amendment), freedom of speech (I) and the right to bear arms (II).
The advantage of this system is that the large majorities needed means that the will
of the minority can not be imposed on the masses – tyranny of the majority.
However, one could say that this exact this occurred with the 1918 prohibition
amendment. The amendment process disadvantages American because it makes
the constitution rigid and unwilling to evolve significantly.
For example, even after Sandy Hook (2012) Obama still failed to change gun control
legislation because it would affect the second amendment, the right to bear arms.
