The Constitution
We celebrate America’s birthday each year on July fourth, in honor of the day in1776that Congress formally adopted the Declaration of Independence. But it’s the U.S.Constitution that gave birth to the American political system.
In this chapter, we talk about the evolution that took place between that initial Declaration of Independence and the creation of the Constitution, which was ratified in 1788. Among other things, the Constitution lays out the form and function of the three main branches of government – the executive branch, the branch lead by the president, the legislative branch, also known as Congress, and the judicial branch, the federal court system, headed up by the Supreme Court. This separation of powers creates what we call a system of checks and balances. Basically this means that no one branch can dominate the others, and that all three branches needto work together to make policy and enact real change on a federal level.
The Constitution also provides for the states. It outlines the powers that the states possess, guarantees each one a republican government, and defines the relationship between state and federal government.
Now, when we talk about the Constitution, what comes up the most? Usually the rights covered under the First Amendment, like freedom of speech, religion and press. Maybe it’s the Second Amendment, which gun enthusiasts invoke as “the right to bear arms.” Or if you’re a Law & Order fan, you might think of the Fifth Amendment, as in, “I plead the fifth”, which gives an accused person the right to not testify against himself. Those are all part of the Bill of Rights, which is what we call the first eight amendments to the Constitution.
Article five of the Constitution delineates that formal amendment process. The fact that the Constitution can be amended at all leadssome people to refer to it as a living, breathing document. Others find the provisions for the amendment process too ambiguous, or even undemocratic. So we wrap up the chapter with a discussion of how interpretation of the Constitution creates a less formal process of change. And all of that ambiguous language? It allows for all three branches of the government to interpret the Constitution on a daily basis. A beautiful thing, right? But we also talk about how the lack of formal amendments in the twentieth century has leadto a rise in presidential power; power that some feel borders on abuse.