Our United States Constitution provides the legal framework for our nation. It enumerates powers of government in no uncertain terms, checks government authority, and shields individual liberty. The recent conversations surrounding these amendments and articles remind us all of their continued importance and relevance in our American democracy.
The 12th Amendment is pivotal in the electoral process, mandating that Congress counts the Electoral College votes to certify presidential elections. Of course, the President and Vice President have to be elected on the same ticket. This requirement is a key factor in ensuring that we have coherent executive leadership.
Today Section 1 of the 14th Amendment reads that “all persons born or naturalized in the United States . . . are citizens.” This important law shaped the very definition of citizenship and equal protection under the law for everyone. This amendment, as enacted and interpreted, has been a powerful tool for advocates to shape civil rights legislation and court decisions.
"All persons born or naturalized in the United States … are citizens of the United States." – 14th Amendment
Through Article II, our Constitution sets forth the qualifications, duties, and powers of the President. In fact, the Constitution only requires that the President be at least 35 years of age and a natural-born citizen. It is the President’s duty to see that the laws be faithfully executed. This serves as a reminder of the executive’s potential vital role as protector of legal norms.
Article III, the only other branch, provides for a much narrower judiciary and specifically the Supreme Court. It provides justices lifetime terms as long as they keep good behavior and follow ethical guidelines. This article empowers courts to interpret laws, maintaining checks and balances within the government.
"Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour." – Article III
Freedom of speech and assembly, as enshrined in the 1st Amendment, are key tenets of American freedom. It prevents Congress from passing laws that curtail our speaking out or our religion. It is this amendment that has provided a strong framework within which free expression and religious liberty can thrive.
"Congress shall pass no law…abridging the freedom of speech." – 1st Amendment
The 5th Amendment is the bedrock for protecting the rights of all individuals against abuses. It prevents the government from seizing one’s life, liberty or property without due process of law. This amendment protects the right to have a grand jury in matters involving an indictment. This provides a counterbalance to ad hoc and arbitrary judicial activism.
"No person shall…be deprived of life, liberty or property without due process of law." – 5th Amendment
The 22nd Amendment would prevent anyone from being elected as President more than twice. This commonsense rule reinforces these democratic principles by preventing indefinite leadership terms.
"no person shall be elected to the office of the President more than twice." – 22nd Amendment
Article I vests Congress with powers to legislate for the general welfare of the United States, enabling it to enact laws that promote national interest and public well-being.
"Congress shall have power to … provide … for the general welfare of the United States." – Article I