United States Constitution

United States Constitution

The United States is described as a federal republic. The constitution was written to separate the powers of the government. It was broken down into three branches, the executive branch, the legislative branch, and judicial branch. All three of these branches act independently of each other. The federal government is to oversee certain matters according to the constitution; such matters consists of, national defense, foreign affairs, interstate commerce, and the maintenance of the currency. Issues that are not stated in the constitution under federal matters are handled by courts, legislatures, and state executives. Things such as civil law, criminal law, labor, business chartering, charities, and education are covered by state law. Then you have city and county governments that fall under the state government level.

The original constitution granted only a few guarantees of rights to express. The federal government remained limited on its powers to safeguard liberty of the framers. They did not see a need to create a freedom of speech express right because it was assumed that legislation had no authority to encroach on speech rights.

Twelve amendments were proposed after the constitution was ratified, ten were approved immediately and put into effect in 1791. Collectively called the Bill of Rights, today are still held as mainstays under constitutional freedom. Freedom of religion and speech are guaranteed by the First Amendment. The Second Amendment states that “well regarded Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed,” says Richard H. Fallon, a Harvard Law Professor. The Third Amendment restricts troops from entering private homes without consent except for times of war. Unreasonable searches and seizures protection is granted by the Fourth Amendment. The Fifth Amendment protects deprivations of liberty, life, or property, without law process. The Sixth Amendment is somewhat combined with the Fifth Amendment, it provides protection to individuals accused of crimes. The right to get a fair trial by jury is granted by the Seventh Amendment. Cruel and unusual punishment protection is granted under the Eighth Amendment. The Ninth Amendment says “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people”. “Finally, the Tenth Amendment emphasizes the continuingly important role of the states (the powers of which come from their own constitution and not, interestingly and importantly, from the constitution of the United States): The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively,