the us constitution

declaration of independence:

  • published 4th july 1776

  • stated: “We hold these truths as self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among them are Life, Liberty and the pursuit of Happiness.”

  • context:

    • written at a turbulent rime in America’s history

    • legislators looking for balance between avoiding new tyranny and the masses having power

the articles of confederation:

  • pre-Constitution, there were the Articles of Confederation

  • passed in 1777

  • only Congress, no exec or judiciary

  • main aim = to protect states, weak national govt

  • failed:

    • govt couldn’t raise money, couldn’t function

    • states too authoritarian, uprisings

    • shays’ rebellion

      • war vet daniel shays led 4k ppl in revolt against massachusetts legislature over economic n civil rights injustices in 1786/7

      • quelled but noted by Founding Fathers

the constitutional convention:

  • deep schism between federalists n anti-federalists

  • federalists believed strong central govt was essential

  • anti-federalists preferred assemblies of the people to a fed govt, states retain most power

the constitution:

  • written n ratified between 1787 n 1790

  • turned 13 colonies into the USA

  • contains 7 articles:

    • 1-4 = key institutions » Congress, presidency, Supreme Court, states

    • 5 = amendment process

    • 6 = constitution highest law in land

    • 7 = ratification process

bill of rights:

  • first 10 amendments to the Constitution are known as the BofRs

  • ratified in 1791

  • brought in to calm some states reluctant about Union

  • many promote individual rights

further amendments:

  • along w the BofR, there have been a total of 17 further amendments » 27 amendments

  • 13th, 14th n 15th deal with ending slavery (1865-70)

  • 19th gives women the vote (1920)

  • 22nd limits Pres to 2 terms

  • 26th voting @18

features of the Constitution:

  • UK constitution = uncodified

  • US constitution = codified » written down in 1 document

  • on a higher level than ordinary law

  • entrenched = hard to amend/abolish

    • intentional » no one branch can take over

enumerated powers:

  • Constitution is vague coz of much compromised when drafted

  • enumerated powers = explicitly stated in Constitution

  • implied powers - hinted at/can be read into the doc

elastic cause:

  • Article 1, Section 8 allows for Congress to make new laws that are ‘necessary n proper’

  • has been dubbed the ‘elastic cause’ » has allowed Congress to stretch its powers eg using clause to create a national bank in 1819

too vague?

  • problems include:

    • undermining of its authority

    • SC judges can interpret it according to their ideology

    • vagueness = conflict between liberals vs conservatives, interpreted in diff ways