Govt 3: The Constitution of the United States (v1.0)

  A key reference is Professor Jennifer Nicoll Victor PhD of George Mason University. 

Whether we participate in it or not, government plays a deeply integral role in how we live. From the taxes we pay and the laws that restrict our behavior, to the federal and state institutions that oversee our communities, to the civil rights and liberties we benefit from, our day-to-day existence is shaped in profoundly fundamental ways by the nature, policies, and actions of our government. As members of society, we all need to make important choices about how we vote, as well as how we respond to the social and political issues that surround us. For these reasons and more, a broad knowledge of the institutions of US government and insight into how they operate have direct and immediate practical value. I will try to define what US government is and what it can do. I will not really look at it from a historical or cultural lens although such an examination might be helpful to get more context.

Government is composed of institutions and processes through which a land, its waters and its people are ruled. Government at its core is a series of rules that constrain Human Behavior in all sorts of ways. There are two key questions. Who or what is in control of the rules? How much control is allowed? On the former question, there are three key forms – autocracy with a dictator (Saudi Arabia, Cuba), oligarchy with a group of people (Russia, China) and democracy where the people have some influence (UK, India, US). On the latter question, a Constitutional government has strict limits on what a government can do and the means for doing it. Constitution can be written (US) or unwritten (UK). In an Authoritarian government (Belarus, China, Vietnam) there are very few limits on government. In Authoritarian government, there is often another group (church, party, union, etc.) not controlled by the government that acts as some form of a check. Totalitarian government has total control (North Korea, Myanmar). The US is a constitutional democracy (written). All governments have a means of coercion and a means of collecting revenue. Politics is the process (could be thought of as problem solving process) by which we determine who gets what, when and how. Politics may involve conflict or collaboration. The discipline of political science is helpful to understand it. Political science however does not tell us which policy might be best.

There are times people talk about economic models like capitalism, progressivism, socialism, communism, etc. to characterize a government, but these are just economic models and are policies. Communism has an especially bad reputation because instead of the state withering away as Marx claimed, the state grew in every case to control everything and in the Soviet Union and China and Cuba, it was coupled with an oligarchy and Totalitarianism/authoritarianism and there was massive suppression and coercion of the people. The US is a capitalistic system with some progressive policies added to improve equality to a limited extent.

Some of the key concepts in US government is separation of powers (between a bicameral legislature to pass laws consisting of a senate and a house, a judiciary headed by a supreme court to interpret laws, and an executive headed by a president to enforce the law and administer the government), checks and balances (between the three branches and between states and federal), and federalism (balancing state sovereignty with federal power). A side effect of balancing the states and federal power in federalism was the electoral college to elect the president who is the head of the executive. The written US Constitution and its amendments lays down the foundation and structure of the government and constraints on the government to infringe on certain rights endowed to us by our creator and captures some of the key compromises effected due to different forces in operation at the time of its writing (which we will not go into). The first 10 amendments (called the bill of rights) are protections of our rights given by our creator from infringement by government and it is phrased as things government cannot do. The key amendments to the constitution are described below. Memorize them. They are your guarantees that can never be taken away from you as long as the constitution holds. Protect the constitution with all your might. Someday your life may depend on it.

1. Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
2. A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
3. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
4. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
5. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
6. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
7. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, then according to the rules of the common law.
8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
10. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
11. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
12. Rules regarding election of president and vice president (not described here).
13. Section 1: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their authority. Section 2: Congress shall have power to enforce this article by appropriate legislation.
14. Rules for citizenship, partitioning of votes for congresspeople, and other details (not described here).
15. Section 1: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2: The Congress shall have the power to enforce this article by appropriate legislation.
16. The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
17. Rules for senator election. (Not described here)
18. To do with alcohol that was later repealed. (Not described here)
19. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation.
20. Rules for presidential succession and date presidency starts (not described here)
21. Eighteenth amendment repealed.
22. Presidential term limits (Not described here)
23. Rules for Washington DC. (Not described here)
24. Section 1: The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. Section 2: The Congress shall have power to enforce this article by appropriate legislation.
25. More on presidential succession. (Not described here)
26. Section 1: The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. Section 2: The Congress shall have power to enforce this article by appropriate legislation.
27. No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

This essay is devoted to the constitution. I will author a separate essay soon about the details of how the US government really works. Stay tuned.