The United States Constitution and the Role of "We the People"

The United States Constitution and the Role of "We the People"

In celebration of the 250th anniversary of the Declaration of Independence, the League of Women Voters of St. Peter has prepared a series of four articles supporting the core principles of the U.S. Constitution: Popular Sovereignty and Rule of Law; Separation of Powers and Checks and Balances; Freedom of Speech, Religion, and Assembly; and Due Process and Judicial Review.
The U.S. Constitution reflects the ideals, principles and values outlined in the Declaration of Independence and includes seven Articles, the Bill of Rights (Amendments 1-10) and the subsequent Amendments 11-27. Ratified on September 17, 1887 and adopted by Congress on March 4, 1889, the Constitution addressed the manner in which our democracy would proceed.

Popular Sovereignty and Rule of Law

The U.S. Constitution begins with “We the People”. This established a government based on the consent of the governed. Popular sovereignty means the people have the ultimate authority in choosing their representation. We demonstrate our consent when we, as citizens, choose to exercise our right to vote. This addresses one of the 27 grievances listed in the Declaration of Independence – the inability of the average person to participate in decisions made which affect their life.

Consent is demonstrated on all levels of government when a majority of voting citizens choose our leaders. This selection ranges from president, through federal and state representatives, as well as state and local officials, all the way to public school board members. In this way, we can use our vote to express our priorities and concerns. Since only those voting are participating in the choice, it is very important to inform ourselves and exercise our right to vote.

The Constitution is the nation’s fundamental law. This Rule of Law applies to government, individuals, and institutions. The Constitution defines the principles associated with our legal system, such as accountability, fairness, equal access, and an independent judiciary. It ensures that no person is above the law and that the citizens, through their votes, have a voice in upholding those principles.

Article 5 of the Constitution describes the process to amend that fundamental law, which has been done 27 times. This ensures that citizens can choose to make sure the rule of law is representative of the majority of voters in the country.

Separation of Powers and Checks and Balances

The combination of Separation of Powers and Checks and Balances ensures that each of the three branches of government (executive, legislative and judicial) maintains its own autonomy, and prevents any single branch of government from accumulating unchecked power. Each branch performs unique functions and exercises specific powers.

Article I of the Constitution addresses the legislative branch of the government which includes the House of Representatives and the Senate. It delineates the make-up, elections and specific powers and duties of each. For example, Section 4 specifies that the times, places and manner of holding elections of Senators and Representatives is prescribed by each state’s legislature. The specific powers of the legislative branch are described in Section 8. The two houses of Congress also serve to check and balance one another, requiring consensus on laws.

Article II defines the executive branch. Election of the President and Vice President occurs through the electoral college and not directly by popular vote. Each state’s legislature determines how the popular vote is used to appoint electors who vote to elect the President and Vice President. The president serves as the Commander in Chief of the military and establishes laws by signing bills sent by the Congress. The Oath of Office is required: “I do solemnly swear (or affirm) that I will faithfully execute the Office of the President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

Article III outlines the function of the judicial branch. It includes the Supreme Court, Court of Appeals and District Courts. Their role is to interpret and apply federal law consistent with the Constitution.
Each branch has the power to “check” the other: the President by vetoing the bills of the Congress, the Congress by overriding vetoes, and the Supreme Court by ruling on laws. Congress can check the Supreme Court rulings by amending the Constitution.

Freedom of Religion, Speech, Press, Assembly and Petition

The Bill of Rights includes the first 10 amendments to the U.S. Constitution. The First Amendment shapes our democracy through the protection of five core freedoms. The First Amendment states “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.”

• Freedom of religion is protected through the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government from establishing an official religion. The founders were wary of replicating the system of state-sponsored churches such as the Church of England. The Free Exercise Clause is also linked to the state-sponsored churches and the restrictions to religious practices that existed in Europe at the time.
• Freedom of speech allows us to share our thoughts, ideas and beliefs without government punishment. The definition of “speech” has been addressed in many court cases over the decades.
• Freedom of the press allows newspapers, TV, radio and online news organizations to criticize the government and its leaders without punishment. Newspapers were originally “the press”, but today the definition includes all different sources of media. There are limitations to this freedom such as obscenity or libel.
• Freedom of assembly allows us to gather together in public groups for peaceful protests or meetings without government interference. Freedom of speech refers to individuals, the freedom of assembly extends to more than one person. Peaceful protest is included in the language of the amendment.
• Freedom of petition allows citizens to ask the government to change unfair laws which negatively impact “we the people.” There are procedures in place for citizens to challenge the government, signature petitions for example.

Enacted laws have been scrutinized for stepping on the rights specified in the First Amendment, rights which have been interpreted and protected over the years. They have been addressed by state and federal judges as well as the U.S. Supreme Court. These rights make the U.S. unique among current democracies.

Due Process and Judicial Review

The Due Process Clause is a constitutional guarantee found in the Fifth Amendment (limiting the federal government) and the Fourteenth Amendment (limiting state governments). It states that the government cannot deprive any person of “life, liberty, or property, without due process of law.”

The courts divide due process into two main categories: *Procedural Due Process requires notice by giving clear warning of what the government plans to do, a hearing giving you a chance to tell your side of the story, and an impartial tribunal which involves a judge or jury to decide your case. *Substantive Due Process protects our fundamental rights by stating that the government cannot pass laws that take away basic liberties such as free speech, privacy, or marriage.

Judicial review is the power of a court to check the actions of the legislative and executive branches of government and declare them void if they violate the Constitution. It serves as a core part of the system of checks and balances. The power to declare laws unconstitutional has been deemed an implied power, derived from Article III and Article VI of the U.S. Constitution. While it is the duty of the judiciary to interpret the law and decide which laws violate the Constitution, judges and justices must not violate the Separation of Powers doctrine. The judicial branch also does not make laws. Simply said, Congress makes the laws, the Executive branch enforces the laws, and the Judicial branch interprets the laws.