3.9 The Constitution

The Constitution: Overview and Key Concepts

The Constitution, ratified to correct the weaknesses of the Articles of Confederation, aimed to establish a government aligning with Enlightenment ideals. It avoided creating an excessively powerful federal government by implementing a system of federalism that allows division of responsibilities between federal and state governments. Federalism entails national control over broader issues like defense and commerce, while states manage local matters.

Separation of Powers

The Constitution established three branches of government to prevent any one branch from gaining too much power:

• Legislative (Congress): Responsible for making laws and managing budgets.

• Executive (President): Enforces laws and federal programs.

• Judicial (Supreme Court): Interprets laws and the Constitution.

Checks and balances exist between branches: Congress can make laws, but the president can veto them and the Supreme Court can rule them unconstitutional. This structure ensures mutual oversight and balance of power.

The Bill of Rights

The Bill of Rights, drafted primarily by James Madison and ratified in 1791, contains the first ten amendments to the Constitution, designed to protect individual liberties against federal overreach. Initially focused on federal authority, protections expanded post-14th Amendment to cover state abuses as well. Each amendment addresses specific rights, from freedom of speech to protection against unreasonable searches and seizures.