The U.S. Constitution - Powers and the First Five Amendments

For most people in the United States, it's best to know the Constitution. Many would say it is indispensable. There are some who live by the adage "ignorance is bliss"; this approach is not recommended. The better path is to know the basic rights in the Constitution and to understand which branches are vested with governmental power.

The study of the Constitution begins with the document itself. The Constitution is based on Montesquieu's concept of separation of powers: It divides governmental authority primarily between three branches of government. It is important to remember, however, that Montesquieu did not contemplate separation of powers as an absolute concept. He recognized that there might be a magisterial function in the executive branch, and this magistrate-like body might have some similarity to the judiciary.

Still, separation of powers is clearly embodied in the Constitution. Article I sets forth Legislative powers; Article II sets forth Executive powers; Article III sets forth Judicial powers. Those are the three basic branches of government. There are other articles in the Constitution, but the more important part is the Bill of Rights, which is followed by other critical amendments to the main document.

A bit of history is essential. The Constitutional Convention of 1787 passed the basic Constitution without a Bill of Rights, but only on James Madison's promise to the anti-federalists that he would introduce such a declaration of rights in the first legislative session. It took four years for the Constitution as amended by the Bill of Rights to be ratified, which finally occurred in 1791. Even though there was no Bill of Rights in the government of 1788, George Washington out of wise deference to his fellow citizens like George Mason and Alexander Hamilton never attempted to disarm them. Such an act was unthinkable.

The basic rights in the Bill of Rights are Freedom of Speech; Freedom of the Press; Freedom of Religion; the Right to Peaceful Assembly; and the Right to Petition the Government for Redress of Grievances; the Right to Keep and Bear Arms; the Right to be Free from having Soldiers quartered in Civilian Houses; the Right Against Unreasonable Search and Seizure; the Right to a Warrant based on Probable Cause that describes the objects of the Search with particularity; the Right to a Grand Jury; the Prohibition of Double Jeopardy (no person shall be tried twice for the same offense); the Prohibition on Self-Incrimination; the Guarantee of Private Property and the Guarantee of Just Compensation; the Right to Due Process of Law. These Rights are established in the first Five Amendments.

In the second part of this article, the rest of the basic rights will be outlined.

Sources:

Montesquieu, Spirit of Laws
U.S. Constitution