The Constitution

Citizenship

Constitutional Rights

2.3 min

Updated Jan. 31, 2024

The United States Constitution, a foundational document since 1787, not only outlines the structure of the federal government but also profoundly influences American law, politics, and daily life. Its influence is seen in various aspects of daily American life, such as voting rights, freedom of speech, and the right to a fair trial. The Constitution and its amendments provide a framework not only for government operation but also for protecting individual rights and liberties.

CORE CONTENT | 1.8 min read

The Constitution protects everyone within the United States, not just citizens, and takes precedence over all other laws. Many of its key provisions, particularly those in the Bill of Rights, apply to all people within U.S. territory. For example, the Fifth and Fourteenth Amendments guarantee the rights to due process and equal protection under the law to "any person.” However, certain rights, such as the right to vote in federal elections or to hold certain elective offices, are specifically reserved for U.S. citizens.

Brief History

The journey towards the US Constitution began during the Revolutionary War with the creation of the Articles of Confederation, America's first governing document. It established a union of sovereign states, yet the charter’s many limitations soon left it ineffectual. Emerging from the inadequacies of the Articles of Confederation, the Constitutional Convention of 1787 crafted the US Constitution. They addressed issues like weak central governance and legislative inefficiencies, replacing them with a federal system comprising legislative, executive, and judicial branches. Today, the document continues to be a fundamental part of American governance and law, playing an active role in shaping current policies.

Constitutional Amendments

A constitutional amendment is a formal change or addition to the U.S. Constitution. The amendment process ensures its relevance and applicability over time. The first ten amendments, known as The Bill of Rights, were ratified in 1791. The Thirteenth Amendment, ratified in 1865, abolished most forms of slavery in America. The Fifteenth Amendment, ratified in 1870, prohibited voting discrimination based on race, color, or previous status as a slave, allowing men of color to vote.

Amendments can be proposed either by a two-thirds majority in both the House of Representatives and the Senate or by a convention called for by two-thirds of the state legislatures, a method that has yet to be used. Ratification requires the approval of three-fourths of the states. This intensive process ensures amendments result from consensus with broad public support. Currently, there are 27 amendments.

Constitutionality

The notion of something being constitutional or unconstitutional is rooted in its alignment with the principles and provisions of the US Constitution. For the legislative branch, this means that laws passed by Congress must adhere to the Constitution’s guidelines. If a law is challenged, the judiciary, particularly the Supreme Court, can review and determine its constitutionality. This judicial review process is a cornerstone of American legal practice. It empowers courts to invalidate unconstitutional laws, ensuring that the government operates within its established boundaries.

REAL WORLD EXAMPLE | 0.3 min read

ACTUAL CASE STUDY

The Supreme Court's 2015 decision in Obergefell v. Hodges served as an example of the Constitution in action, particularly the Fourteenth Amendment's equal protection clause. The Court ruled that state bans on same-sex marriage were unconstitutional. As state laws may not infringe on rights guaranteed by the Constitution, the decision thereby required all states to license and recognize marriages between two people of the same sex.

KEY TAKEAWAYS | 0.2 min read

  • Though states are entitled to create their own laws beyond what is outlined in federal laws, they cannot override these laws nor are they allowed to infringe on rights outlined in the US Constitution.
  • The Constitution can be amended with the approval of three-fourths of state legislatures.

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