1. The preamble of the US constitution is an important element of the constitution as it defines the unification of the states. The opening words of the constitution clearly defined that America was a nation formed by its people and the unification of its states. The preamble of the constitution of the US acts both ways (Arnold, Doyle and Wiesehomeier 2017). Firstly, it provides the contents and the main philosophy that was used in the time of composing the constitution; Secondly, it acts as a bridge as to the Declaration of the Independence of the States. It gives a clear perception about the Constitution to the reader.
2. The first three articles that sets up the US Constitution, as a republic with the three separate branches of the government is to undertake the administration of the enormous states in the most effective manner. The branches are classified according to the requirements of the legislation that is expected out of them. The legislative branch under the US constitution looks after the needs and requirements of the states relating to the national laws and the maintenance of the laws. It consists of the Congress- the House of the Representatives and the Senate. The president undertakes the functioning of the executive branch of the US under the framework of the constitution (Arnold, Doyle and Wiesehomeier 2017). The judicial branch of the US administers the justice by the proper interpretation of the constitution and the laws that are framed within the system. The process is being undertaken by the appointment of the judges associated with the courts.
3. Article 1 of the US Constitution
The article provides the power and discusses the limitations of the Congress. Congress is the branch of the government that can formulate laws for the nation. In order to constrain the enormous powers of the Congress this Article was formulated.
Article 2 of the Constitution
The Article makes way for the executive branch of the government. The executive branch looks after the administration of the nation and monitors over the proper execution of the laws in the systems.
Article 3 of the Constitution
The Article creates a judicial branch, which is the court, interprets the law, and looks after the legislations. It helps in the formation and the actions taken by the supreme and the other sub-divisional courts.
Article 4 of the Constitution
The Article talks about the states and the responsibilities that the states hold towards the betterment and the progress of the nation. It defines the duties and the responsibilities of the states in accordance to the federal government.
Article 5 of the Constitution
The Article states that the Constitution can be changed with the passage of an amendment in the constitution. The addition of an amendment is a issue that is adhered to only in the time of a crisis.
Article 6 of the Constitution
The article states that the debts and engagements that the nation had before the formulation of the constitution is still valid after the framing of the constitution. The Article also states that the constitution of the nation is the highest state of law that must be adhered to by every official and the judges and the constitution must be referred to before taking any legitimate decision.
Article 7 of the Constitution
The Article states the number of the states and their individual responsibilities in ratifying the constitution and adheres to the laws amended by the same.
4. First Amendment of the Bill of Rights
The very first addition to the original Constitution defines the freedom of religion and the choice of worship of the citizens (Smith 2017). The freedom of speech, the right of the people to get information through the proper working of the press and the freedom to meet in groups is being defined by the amendment.
The second amendment defines and encourages the people of the nation to carry arms for their own safety and in order to maintain their own security (McNamara 2017).
The third amendment states that the soldiers would not be able to take shelter in someone else’s, in the time of peace, without the consent of the owner.
The fourth amendment states that the public officials cannot search the property of a person or arrest a person without the probable cause of a crime being undertaken by the person.
The Fifth Amendment states that the Federal government is required to follow the law before punishing a person (Smith 2017). It also includes the double jeopardy clause, according to which a person cannot face a trial twice for a single and the same crime.
It states the right of the people to know about the crime they have committed. They have the right to ask the officials about the crime for which the person is facing the trial or the arrest.
It states the right of the person to a jury trial in a civil case.
The eighth amendment states that the government is not eligible for demanding excessive bail or even inflicts any kind of cruel punishment.
The amendment states that the constitution does not include all the rights of the people and the states, therefore it provides an assurance of the safeguarding the rights that are not included in the constitution, and sees to it that the rights are not taken away from the citizens.
It states that the powers that the powers that the constitution does not give to the government is given to the people and the states, unless the constitution itself limits the powers of the states.
5. The compromises that the American constitution undertook are due to the Connecticut Compromise, three-fifths compromise, commerce compromise, slave-trade compromise and the election of the president (Smith 2017). The Connecticut compromise combined the plans of the Virginia, which represented the population of the states; and the New Jersey plan, which focused on the representation of the states. It was decided later that there would be two chambers in the Congress in order to make use of the principles effectively.
The three-fifths compromise is based on the discrepancy in the representation of the slaves in the House of Representatives (Ely 2016). The delegates from the Northern states that did not rely on the slaves felt that slaves should not be counted, whereas the Southern states did not feel the same. The compromise that the Northern and the Southern states had to undertake is known as the three-fifths compromise.
The commerce compromise is based on the Northern and the Southern states where the Northern states desired the government to impose a tax on the foreign goods for maintaining the competition, whereas the Southern states feared the tax. Another aspect of the compromise is the Slave-trade compromise, which is based on the conflict of the Northern and the Southern states. The slave trade is not supported by the Northern states, whereas the Southern states encouraged the slave trade. A compromise were undertaken thereof. The election of the president is again another compromise that the US Constitution undertook and it was regarded as a compromise because the people were confused and feared the consequences of electing an unworthy person as their president (Arnold, Doyle and Wiesehomeier 2017).
Arnold, C., Doyle, D. and Wiesehomeier, N., 2017. Presidents, Policy Compromise, and Legislative Success. The Journal of Politics, 79(2), pp.380-395.
Ely Jr, J.W., 2016. The Contract Clause: A Constitutional History. University Press of Kansas.
McNamara, J., 2017. The Fight to Bear Arms: Challenging the Second Amendment and the US Constitution as a Sacred Text. European journal of American studies, 12(12-2).
Smith, K.E.I., 2017. For a Decolonized US Constitution. Human Rights Of, By, and for the People: How to Critique and Change the Us Constitution, p.162.