Constitutional Foundations
Table of Contents
This section covers the following topics
- The history of the Constitution
- An article-by-article description of the Constitution and the structure of the government
- Federalism, including dual federalism and cooperative federalism
Section Summary
The U.S. Constitution is the foundation for government in America. Before the Constitutional Convention, the Declaration of Independence and the Articles of Confederation formed the government, with the Articles creating a weak and ineffective national government. The Constitution created a unified national government with specific powers. Article I created a bicameral Congress, with the House of Representatives and the Senate. Article II describes the powers of the executive, including the roles of commander in chief, head of state, and chief diplomat. Article III sets up the judicial branch, ensuring that judges of the Supreme Court have lifelong appointments. Article IV mainly discusses the relationship between the states. Article V outlines the amendment system for changing the Constitution. Article VI establishes the supremacy of the Constitution as the “supreme law of the land.” One important principle established by the Constitution is federalism, the relationship between the federal and state governments. There are different kinds of federalism, with dual federalism and cooperative federalism as the most important.
Formation of the Constitution
Historical and Philosophical Background
The Enlightenment led to many philosophers such as Locke, Rousseau, and Montesquieu proposing ideas of natural rights. Montesquieu came up with the idea of popular sovereignty, which is the idea that the government should reflect the general will of the people.
The concept of limited government and government by the consent of the people also arose from the Enlightenment. Thomas Hobbes, in Leviathan, proposed that government is made from agreement among rational, self-interested individuals. John Locke, a British political philosopher, wrote in his... Sign up to continue reading Constitutional Foundations >
