Nature of the US Constitution

Political Studies: Edexcel A Level, topic 12.1.1

Codified Constitution

The US constitution is the basis of all government in the USA and the supreme law of the land.

The constitution is codified, meaning that it is all written in a single document.
This document was created by a group of men now known as the ‘Founding Fathers’ during the War of Independence from Britain.
It was ratified in 1788 and came into force in 1789.

The US constitution is the basis of all government in the USA and the supreme law of the land.

The US Constitution is entrenched, meaning it can only be amended with a 2/3 supermajority in both houses of Congress and ratification by 3/4 of the state legislatures.

Article V entrenches the US constitution, requiring a supermajority to change amendments or a ¾ majority in a ratifying convention of the states.

The Bill of Rights (the first 10 amendments to the constitution) lists entrenched rights.
These are protected by the Constitution, and cannot be changed on a legislative whim.

By nature of its age, and being codified and entrenched the US Constitution can be vague.

Constitution scholars refer to the constitution containing enumerated powers and implied powers.
Enumerated powers are powers that are explicitly given to each branch of government.
Implied powers are those that are just suggested or are required for enumerated powers to be used.
Implied powers give the Constitution vagueness - they allow Congress the freedom to make necessary laws and to use powers that the founders had not thought of.

Article I, Section 8 of the Constitution sets out the enumerated powers of Congress.
These include the power to tax citizens and spend this money, and the power to issue a currency.

Article I, Section 8, Clause 18 gives Congress implied powers, giving it the power to make all laws “necessary and proper” for its ability to rule.
The implied powers of Congress have grown since the Constitution was written, allowing them to make laws concerning matters not mentioned in the Constitution.
For example, an implied power of Congress is that of the regulation of the sale of substances, and the banning of the sale of other substances (such as some drugs).