Does the US Constitution specify how powers are allocated within state level institutions?

This first module introduces you to the Constitution’s text and to the skills necessary to engage in constitutional conversations. As you explore the Constitution throughout this course, it’s essential to separate your constitutional views from your political views and, in turn, to think about how the Constitution defines or limits the powers of the government. That is how constitutional lawyers, scholars, and judges read, interpret, and apply the Constitution.

In this module, you will examine the form of government established by the American Revolution and the Constitution, and its key ideas—including natural rights, popular sovereignty, and the rule of law. By examining the Declaration of Independence and the Constitution, you will learn how these two documents set the foundation for American democracy.  

The founders were children of the Enlightenment, a European intellectual movement beginning in the late 1600s. The ideas that fueled this period were a celebration of reason, the power through which human beings might understand the universe and improve their condition. Overall, the movement strived for knowledge, freedom, and happiness. These ideas sparked transformational changes in art, philosophy, and politics. When crafting a new constitution, the founders followed this Enlightenment model and drew lessons from history and from their own experiences. Between the Declaration of Independence and the U.S. Constitution, the American people were governed at the national level by the Articles of Confederation and at the state level by state constitutions. From the founders’ perspective, these frameworks of government were noble experiments, but also deeply flawed. With the U.S. Constitution, the Founding generation established a new national government designed to address the deficiencies in these forms of government—creating a new government that was strong and deliberative enough to achieve common purposes and check mob violence, but also restrained enough to protect individual liberty.

In the summer of 1787, delegates gathered for a convention in Philadelphia, with the goal of revising the Articles of Confederation—the nation’s existing governing document. However, rather than simply revising the Articles of Confederation, they wrote an entirely new framework of government: the U.S. Constitution. This new government was more powerful than the national government established by the Articles of Confederation, but the Constitution also limited the powers of this new government. In this module, you will explore the debates and compromises that occurred at the Constitutional Convention and explore the key arguments during the battle over ratification.

Shortly after the ratification of the U.S. Constitution, the Founding generation added the Bill of Rights—the Constitution’s first 10 amendments. These amendments guarantee many of our most cherished liberties, including the freedom of religion, the freedom of speech, the right to keep and bear arms, and the right to a jury trial. After the Constitutional Convention, the absence of a bill of rights emerged as a key part of the debates over ratification. Anti-Federalists—those who opposed the Constitution —pointed to the missing bill of rights as a fatal flaw in the new document. Several states ratified the Constitution with an understanding that amendments would be promptly added by the new government. This module will explore the origins of the Bill of Rights, explain its importance to the debate over the ratification of the U.S. Constitution, and walk through the specific rights enshrined in each of the first 10 amendments.

When crafting the Constitution, one of the central concerns of the Founding generation was how best to control government power. With the new Constitution, the Framers looked to strike an important balance—creating a new national government that was more powerful than the one that came before it while still protecting the American people’s most cherished liberties. They settled on a national government with defined but limited powers. Instead of placing authority in the hands of a single person (like a king), a small group of people (like an aristocracy), or even the whole people (like a direct democracy), the Framers divided power in two ways. At the national level, the Framers divided power between the three branches of government—the legislative branch, the executive branch and the judicial branch. This process of dividing power between different branches of government is called the separation of powers. From there, the Framers further divided power between the national government and the states under a system known as federalism. In this module, students will explore the key functions of the different parts of government and the role that the Constitution plays in controlling government power.

The Constitution grants Congress—our nation’s legislative branch—the power to make laws. The legislative branch is outlined in Article I of the Constitution. The Constitution divides Congress into two houses—the U.S. House of Representatives and the U.S. Senate. The House of Representatives is composed of representatives proportionate to each state’s population. At the same time, the Senate is organized under the principle of equal state representation—with each state, regardless of its population, receiving two Senators. 

In this module, students will examine primary and secondary sources to learn about the legislative branch’s structure, functions, and powers as granted by the Constitution and defined by the courts over time. Students will also explore the legislative process and the role that civil dialogue and political compromise play in crafting national laws.

Article II of the Constitution establishes the executive branch of the national government, headed by a single President. Article II outlines the method for electing the President, the scope of the President’s powers and duties, and the process of removing one from office. The President’s primary responsibility is to carry out the executive branch’s core function—namely, enforcing the nation’s laws. From the debates over how to structure the Presidency at the Constitutional Convention to modern debates over executive orders, this module will explore the important role of the President in our constitutional system. 

Article III of the Constitution establishes the judicial branch of the national government, which is responsible for interpreting the laws. At the highest level, the judicial branch is led by the U.S. Supreme Court, which consists of nine Justices. In the federal system, the lower courts consist of the district courts and the courts of appeals. Federal courts—including the Supreme Court—exercise the power of judicial review. This power gives courts the authority to rule on the constitutionality of laws passed (and actions taken) by the elected branches. The Constitution also promotes the principle of judicial independence—granting federal judges life tenure (meaning that they serve until they die, resign, or are impeached and removed from office).

The First Amendment protects some of our most cherished rights, including religious liberty, free speech, a free press, the right to assemble, and the right to petition our government for a redress of grievances. Together, these essential rights are connected to the freedom of conscience—protecting our ability to think as we will and speak as we think. As we examine the First Amendment’s text and history, we will explore debates over the First Amendment’s five freedoms, analyze landmark Supreme Court cases, and examine how the First Amendment has been used by groups of all perspectives to promote their vision of a more perfect Union.

The Fourth Amendment protects us from unreasonable search and seizures of our person, our house, our papers, and our effects. In many cases, this amendment governs our interactions with the police. Before the government—including police officers—can search your home or seize your property, it needs a good reason. This is the big idea behind the Fourth Amendment’s warrant requirement. The government needs particularized suspicion—a reason that’s specific to each suspect—before it can get a warrant. Broadly speaking, our Constitution says that the police should only be able to invade a person’s rights to privacy, property, or liberty if they have a specific reason to think that the suspect has done something wrong.

Slavery was embedded into America’s fabric by the time of the framing and ratification of the Constitution. At the Constitutional Convention, the delegates refused to write the word “slavery” or enshrine a “right to property in men” in the Constitution’s text, but they did compromise on the issue of slavery, writing important protections for slaveholders into our nations’s charter. Debates over slavery continued (and increased) in the decades to come, culminating in Abraham Lincoln’s election as America’s first anti-slavery president, Southern secession, and the Civil War. Following this bloody war, the Reconstruction Republicans worked to rebuild our nation on a stronger constitutional foundation, passing our nation’s first civil rights laws and ratifying the 13th, 14th, and 15th Amendments. These amendments ended slavery, wrote the Declaration of Independence’s promise of freedom and equality into the Constitution, and promised to end racial discrimination in voting. Many scholars refer to this key period as America’s “Second Founding.”
 

The original Constitution did not specifically protect the right to vote—leaving the issue largely to the states. For much of American history, this right has often been granted to some, but denied to others; however, through a series of amendments to the Constitution, the right to vote has expanded over time. These amendments have protected the voting rights of new groups, including by banning discrimination at the ballot box based on race (15th Amendment) and sex (19th Amendment). They also granted Congress new power to enforce these constitutional guarantees, which Congress has used to pass landmark statutes like the Voting Rights Act of 1965. While state governments continue to play a central role in elections today, these new amendments carved out a new—and important—role for the national government in this important area.

The 14th Amendment wrote the Declaration of Independence's promise of freedom and equality into the Constitution. Ratified after the Civil War, this amendment transformed the Constitution forever and is at the core of a period that many scholars refer to as our nation’s “Second Founding.” Even so, the 14th Amendment remains the focus of many of today’s most important constitutional debates (and Supreme Court cases). In many ways, the history of the modern Supreme Court is largely a history of modern-day battles over the 14th Amendment's meaning. So many of the constitutional cases that Americans care about today turn on the 14th Amendment.

With the Constitution, the Founding generation created the greatest charter of freedom in the history of the world. However, the Founding generation did not believe that it had a monopoly on constitutional wisdom. Therefore, the founders set out a formal amendment process that allowed later generations to revise our nation’s charter and “form a more perfect Union.” They wrote this process into Article V of the Constitution. Over time, the American people have used this amendment process to transform the Constitution by adding a Bill of Rights, abolishing slavery, promising freedom and equality, and extending the right to vote to women and African Americans. All told, we have ratified 27 constitutional amendments across American history.