A constitution essentially establishes a set of rules for a state’s citizens to abide by. It also sets out fundamental principles by which a state is governed, defining its main institutions and the relationship that these institutions have with each other, for example between the executive, legislature, and judiciary. A constitution also places limitations on the exercise of power, as well as delineating the rights and duties of citizens.
Most countries have a codified constitution. These are typically drawn up following a revolution or some other transformative event in a country’s history. Unlike the United States and many other countries, the UK lacks a constitution, since the country has never experienced a revolution like America or France, total defeat in war like Japan or Germany, the collapse of government like post-Soviet Russia or post-apartheid South Africa, or the attainment of independence like nations that once formed part of the British Empire.
Constitutional change
Codified constitutions contain overriding legal principles that are difficult to amend. Constitutional change generally involves a referendum, super-majority approval by the legislature, or sometimes both. Amendments to the Constitution requires ratification by 38 out of the 50 state legislatures, as well as a two-thirds majority vote in both houses of Congress.
Constitutional change can also be achieved via the courts’ interpretation or reinterpretation of constitutional text. Due to the high threshold required to amend the constitution in the United States and other countries, judicial decisions can be just as important in revising the constitution as the amendment process itself.
‘Firm league of friendship’
The US Constitution was created in response to problems arising from the Articles of Confederation, an earlier piece of legislation created to establish a “firm league of friendship” between states while vesting power in a Congress of the Confederation. In reality, this power proved to be extremely limited in scope. Under the Articles of Confederation, the central government led the way in terms of setting weights and measures, conducting diplomacy and making war, and serving as the final arbiter of disputes between states. Crucially, the central government was not able to raise funds itself, and was wholly dependent on individual states for contributions to operational costs. Each state sent a delegation of two to seven members to Congress, receiving one vote per state, with delegates voting as a bloc. However, any decision of consequence demanded a unanimous vote, which culminated in a government that eventually became paralyzed and ineffectual.
The main goal of the Constitution was to create a government with sufficient power to act on a national level. However, lawmakers were careful not to bestow so much power that fundamental human rights could be jeopardized. Drafted in 1787 and operational since 1789, the US Constitution is the longest-surviving government charter. The legislation established the principle that the US government exists to serve its citizens, as well as assigning responsibility for organizing the judicial and executive branches to Congress, granting it the power to declare war, raise revenue, and make all laws necessary for the execution of its powers.
Basic civil liberties and human rights
Under the US Constitution, everyone has basic civil liberties and human rights, including the right to religious freedom, voting rights, protesters’ rights, and the right to be protected against religious or racial discrimination. The US Constitution also safeguards the rights of people with disabilities, immigrants, and prisoners, articulating core principles of human rights.
Like the Universal Declaration of Human Rights, the US Constitution was borne out of war. Although very different in scope, purpose, and application, both pieces of legislation were essentially created to articulate an exhaustive list of fundamental human rights to be protected and upheld.
Over the years, the United States has played a special role on the global stage in terms of the development and support of human rights. Predating the US Constitution by more than a decade, the Declaration of Independence severed the allegiance of American colonies with the British Crown in 1776, establishing the principle that “all men are created equal”. Following the ratification of the US Constitution and Bill of Rights, the world looked on as America conducted the first practical experiment in creating a government to be judged on the basis of its respect and protection of the rights of the country’s citizens.
Inalienable human rights
The US Constitution recognizes numerous inalienable human rights, including the freedom of assembly, the right to keep and bear arms, freedom of religion, freedom of speech, the fight to a fair trial by jury, and freedom from unusual and cruel punishment. As the needs of society evolved, constitutional amendments were enacted, the Ninth and Fourteenth Amendments recognizing that not all human rights were delineated in the original US Constitution.Examples of human rights enumerated by Congress well after the Constitution was written are the Civil Rights Act 1964, which prohibited the imposition of voting qualifications or prerequisites that abridge or deny the citizen’s right to vote on the basis of race or color. The scope of human rights prosecutions afforded by the US government is set out in case law, particularly by precedents established by the Supreme Court.
Comments