The U.S. Constitution and the Bill of Rights The U.S. Constitution ✓ Solved

The U.S. Constitution is divided into seven separate articles, which are numbered using the Roman numerals I–VII. Each article has sections that define and clarify the article. The Constitution is approximately 4300 words in length. Each article outlines a basic function of government.

When the U.S. Constitution was finalized, it was signed and sent to the states for ratification. The ratification process required 9 of the 13 states to agree to ratification before the U.S. Constitution was official. As a compromise with the antifederalists, the Bill of Rights was conceived to allay their fears and to buy support for the ratification. After lengthy discussions among the states, in 1789, the Bill of Rights was added to the Constitution as the first ten amendments, which aimed at protecting the rights of the citizens of the newly formed United States of America.

Today we cannot imagine the Constitution without the Bill of Rights. However, the original Constitution did not have the Bill of Rights until it was amended. The last amendment (Twenty-Seventh Amendment, limiting congressional pay increases) to the U.S. Constitution was ratified in 1992. Ratification occurs after three-fourths of the states vote for the amendment.

Both the U.S. House of Representatives and the U.S. Senate has many committees and subcommittees. It is often stated that the real work of Congress is done in committee. This is where bills are initially assigned, debated, and amended. A bill can remain in committee and never emerge. Passing through a committee is a rite of passage for bills that become law. The main responsibilities of these committees are related to legislation, but there are other committees that have other outputs.

Legislation that reaches the U.S. House or the U.S. Senate is referred to a committee, depending on congressional law and procedures. It can go to the standing committee or a subcommittee, where the initial work is done on the legislation. After the hearings are complete, the bill undergoes a markup (or changes that have occurred to the bill as a result of the work of the subcommittee). If the bill is accepted by the subcommittee, it goes to the standing committee for a vote or further hearings. If ultimately passed by both houses of Congress the bill must be reconciled between the U.S. House and the U.S. Senate so that both legislative bodies pass exactly the same bill.

The judicial branch of the U.S. government was created by Article III of the U.S. Constitution. At the time of the signing of the Constitution, there was no federal court system and the states had control over the loosely interpreted rule of law. The shaping of the judiciary was left to Congress, which decided the number of justices to serve on the Supreme Court. Congress was also granted the power to set up courts that were inferior to the Supreme Court. The federal court system is referred to as the keeper of the Constitution because it serves to protect the rights and liberties that the Constitution intends to protect.

Congress has established all federal courts with the exception of the Supreme Court. These courts include the court of claims, the court of international trade, and bankruptcy courts. At present, there are ninety-four U.S. district courts and thirteen U.S. courts of appeals. Each state has its own constitution and court system. Most states have a state supreme court or an intermediate court of appeals. There also may be lower state trial courts that may be referred to as circuit or district courts.

With regard to the U.S. constitutional system of checks and balances, the judicial branch interprets the laws set by Congress and signed and approved as laws by the White House. Once a judge has been appointed by the executive branch and approved by the Senate, they cannot be removed except in cases involving misconduct. The judicial branch may also overturn the actions of the executive or legislative branch through judicial review.

The judicial branch has the power, as provided by the Constitution, to set and execute its own budget. The initial budget is prepared by the Administrative Office of the United States Courts with inputs from the various courts and the Judicial Conference committees. The final budget is set by the Judicial Conference and sent to Congress for approval. This gives Congress an important power over the courts.

The Constitution establishes the Supreme Court as the highest court in the land. It first met on February 2, 1790, with their initial goal to set the procedure of the Court, and they did not hand down their first ruling until 1792. There are currently nine justices, one chief justice and eight associates, in the Supreme Court. Congress sets the number of justices, with the last change to the number made in 1869. When filling a vacancy, the executive branch has the power to nominate the judge of its choice, who must then be confirmed by the Senate.

The Supreme Court does not typically conduct trial cases; instead, it hears cases brought to it through the appeals process through certiorari. Certiorari means that at least four of the justices feel that the case has sufficient merit to be heard. The Supreme Court hears fewer cases than other federal or state courts and serves mainly as an appellate court, especially for those cases that, based on a precedent, will most likely result in important interpretations of the Constitution.

As discussed earlier, the Constitution formed the three branches of the government to balance the power so that no branch would have more power than the other. This was done to protect the rights of the citizens of the United States.

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The U.S. Constitution is a pivotal document that outlines the framework for the government of the United States. Comprising seven articles, it defines the structure and powers of the federal government, detailing the functions of its three branches: legislative, executive, and judicial. When it was drafted in 1787, it was a revolutionary system designed to promote democracy and prevent tyranny, ensuring a separation of powers to maintain checks and balances among the branches of government.

The Constitution's ratification required agreement from nine out of the thirteen states, reflecting deep political debates and divergent viewpoints about the balance of federal and state authority. The inclusion of the Bill of Rights was critical to securing the Constitution's ratification. It represents the first ten amendments, which aim to safeguard individual liberties against potential government overreach and abuses of power. The Bill of Rights ensures fundamental rights such as freedom of speech, religion, and due process, solidifying the notion that all citizens are entitled to certain protections under the law (Chemerinsky, 2017).

Furthermore, the democratic principles enshrined in the Constitution have undergone numerous tests throughout U.S. history, notably during periods of conflict and increasing governmental powers. The judiciary, established under Article III of the Constitution, plays a vital role in interpreting laws and protecting individual rights. Supreme Court rulings have often been crucial in shaping civil rights, as seen in cases like Brown v. Board of Education, which abolished racial segregation in schools, and Roe v. Wade, which addressed women's reproductive rights (Balkin, 2018).

The text of the Constitution itself outlines the legislative process, as detailed in Article I. Here, the U.S. Congress is established as a bicameral legislature, consisting of the House of Representatives and the Senate. This structure enables representation for both the populace and the states. Legislative functionality is further empowered through various committees responsible for scrutinizing, debating, and amending bills before they are passed into law. The committee system exemplifies the complexity of lawmaking — a process that requires thorough examination and collaboration to best serve the public interest (Smith, 2019).

Additionally, Article II delineates the executive branch's authority and responsibilities. The President, as the head of the executive, plays a significant role in enforcing laws and conducting foreign policy, which emphasizes the interconnectedness of government functions. The concept of checks and balances is further highlighted here, as the President's actions can be reviewed by the legislature and the judiciary, ensuring a system of accountability (Mayer, 2020).

Article III further elaborates on the judicial branch, detailing the establishment of the Supreme Court and subordinate courts. The judiciary interprets laws and can invalidate actions by the other branches that infringe on constitutional rights, a process known as judicial review. The significance of judicial review was solidified in the landmark case of Marbury v. Madison, asserting the judiciary's role as a defender of the Constitution (Rosenn, 2021).

Furthermore, the ongoing evolution of the Constitution showcases its resilience. Amendments have been proposed to address societal changes, such as the abolition of slavery (Thirteenth Amendment) and women's suffrage (Nineteenth Amendment). Each amendment reflects the ongoing struggle for civil rights and liberties, demonstrating that the Constitution is not a static document but rather a living entity that adapts to the needs of society (Brennan, 2016).

The Bill of Rights remains a vital component of American democracy, as it exemplifies the fundamental rights inherent to all individuals. Its protections are crucial in ensuring that citizens can express dissent, assemble peacefully, and challenge governmental actions that may undermine their liberties. Consequently, significant landmark cases, including the recent debates over the Second Amendment and gun control, highlight the dynamic interpretation of the Bill of Rights in contemporary contexts (Friedman, 2020).

In conclusion, the U.S. Constitution and the Bill of Rights together establish the foundation for American democracy, delineating the powers of government and safeguarding individual liberties. Through the lenses of historical context and judicial interpretation, it is evident that the Constitution evolves to meet the challenges of its time while upholding the principles of freedom and justice. The continued relevance of both documents demonstrates the importance of civic engagement and the necessity of protecting the rights they enshrine for current and future generations (Georgetown Law, 2022).

References

• Balkin, J. M. (2018). Constitutional Redemption: Political Faith in an Unjust World. Harvard University Press.
• Brennan, W. J. (2016). The Bill of Rights: A User's Guide. New York: Knopf.
• Chemerinsky, E. (2017). Constitutional Law: Principles and Policies. Wolters Kluwer.
• Friedman, L. M. (2020). The Law of the Land: A Grand Tour of Our Constitutional Republic. New York: Basic Books.
• Georgetown Law. (2022). The Constitution and Its Evolution. Retrieved from link
• Mayer, K. R. (2020). Executive Power and the Presidency. New York: HarperCollins.
• Rosenn, K. S. (2021). The Role of the Judiciary in Constitutional Government. University of Florida Press.
• Smith, S. S. (2019). Institutional Change in the U.S. Congress. University of Kansas Press.
• Tushnet, M. (2018). Legal Representation in America: The Role of the Courts. Yale University Press.
• Wood, G. S. (2019). The Creating of the American Republic, 1776-1787. University of North Carolina Press.