Introduction to the Constitution

The Constitution lies at the fulcrum of the American political spectrum. It affects all aspects of American politics from elections to political parties. The Constitution also impacts upon our everyday life including the activities of law enforcement agencies to quotas in the workplace. We learn from an early age about our constitutional rights and how we can benefit directly from the entrenched character of those rights (such as the first amendment that guarantees free speech and freedom of worship; or the equal protection clause of the fourteenth amendment). The Constitution is arguably the most important component of the political process, and one that sets the tone of American politics. However, when seeking to comprehend the political world we must always note the discord between theory and practice. Since 9/11, the executive and legislative branch of government has to some extent circumvented the Constitution. Whereas the Constitution does in theory offer protection for our freedom of speech alongside a guarantee of due process; it has done nothing whatsoever to bring about the closure of Guantanamo Bay or end the use of drone strikes. Administrations from both parties have taken the view that civil liberties should be curtailed to some degree in order to protect America from the threat of terrorism. This has often been achieved with slippery legalisms. For instance, according to the official authorities Guantanamo Bay is an offshore jurisdiction outside US territory and therefore outside the remit of the Bill of Rights.

                Any discussion of the Constitution inevitably leads towards a consideration of the relationship between the three branches of governance and the significance of civil liberties within the states. This area of inquiry also requires a close consideration as to how the Constitution sets the contours of the relationship between the various branches; particularly that between the legislature and the executive. It must also be noted from the outset that no Constitution can entirely protect and uphold civil liberties, no matter how well intended. Protecting our rights and liberties demands more than simply a piece of paper, even one so revered as the Constitution of the United States. I would also like to add that the workings of the Constitution can only be properly understood with some understanding of that material already covered in previous posts (notably elections and political parties).