The first ten amendments to the Constitution make up the Bill of Rights. James Madison, one of our “founding fathers,” wrote these amendments to set limits on the powers of government through the Constitution, and to protect individual liberties. These amendments include the rights to free speech (First) to bear arms (Second) and to receive due process under the law (Fifth), among others.

The Bill of Rights was added to the Constitution during the years when our Nation’s new government began to take form, and it became concerning to some that the Constitution lacked limits on government power. Federalists advocated for a strong national government. They believed the people and the States automatically kept any powers not specifically assigned to the federal government. Anti-Federalists sought to give more power to state and local governments and to spell out and safeguard individual liberties. 

Madison, then a member of the U.S. House of Representatives and an Anti- Federalist, altered the Constitution’s text where he thought appropriate. Other representatives objected, saying that Congress had no authority to change the wording of the Constitution. In a compromise, Madison’s changes were presented as a list of amendments that would follow Article VII. The original 17 were eventually cut to 10 and ratified by Congress on December 15, 1791.

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Understanding that the Bill of Rights is a part of the U.S. Constitution gives weight to the process the founders followed to include it. This understanding will bring clarity to the importance of these amendments and provide a gauge by which to view current events.

“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”– US Constitution

The right of petition and peaceful assembly is protected in the First Amendment. It allows people to gather, or associate with a group of people for social, economic, political or religious purposes. It also protects the right to protest against the government. The right to petition can mean signing a petition or even filing a lawsuit against the government.

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Right of Petition and Peaceful Assembly is a right guaranteed by our Constitution and fundamental to our republic. This right is essential for a free and just government.

Both state and federal governments in the U.S. are structured with three branches: executive, legislative and judicial. However, they differ in scope, responsibilities, and the extent of their authority.

The Governor heads the Executive Branch and is responsible for enforcing state laws, managing the state budget, and overseeing state agencies.

The Legislative Branch of government is the State's law-making authority made up of two houses: the Senate and the House. There are Senators and House members who make state laws, approve the state budget, and can impeach and remove the Governor.

The Judicial Branch consists of the State Supreme Court and lower courts that interpret state laws, ensure they are constitutional, and resolve disputes.

State Legislators have authority over state laws, but the Supremacy Clause of the U.S. Constitution dictates that federal law takes precedence over state law. This includes state constitutions if the federal government has the power to legislate on the specific issue under the U.S. Constitution. This potentially could impact current laws, for example, abortion and same sex marriage laws.

Checks and balances in government refers to the system that ensures no single branch (executive, legislative, or judicial) becomes too powerful. Each branch has the authority to limit the powers of the others, thus promoting cooperation and preventing abuse of power. In this way, the framers of the US Constitution sought to preserve a democratic form of government. 

For example:

• The Executive branch negotiates peace treaties, and the Senate ratifies them

• Congress can pass a law, and the President must sign the bill or veto it

• The judicial branch can declare a law or a presidential action unconstitutional

• The president appoints federal judges, who must be confirmed by the Senate

• Congress can impeach members of both the executive and judicial branches

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If the balance of power shifts too much towards any one of the three branches, it threatens to tear apart the fabric of our democracy.

For example, the President has signed over 160 Executive Orders (EOs), many of which are intended to change the balance of power between the three federal branches. While EOs do not require Congressional approval, under our Constitution, the 

Executive branch cannot create new laws, appropriate funds, prevent distribution of funds already appropriated by Congress, or change the constitution. Normally the response to such EOs would be legislation passed by Congress to right the situation, or action by the federal courts.

An emolument is a payment, gift, salary or benefit received either as compensation for services or as the result of holding a government office or position of power. That’s a rather broad definition, but in the context of the U.S. Constitution, it refers to any profit or material gain to a government official in return for a favor.

The Emoluments Clause (Article I, Section 9, Clause 8 of the Constitution) says: “No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”

In today’s language: No government official, including the President, shall accept a gift from a foreign government without approval by Congress. (Article II has a similar clause that prohibits the acceptance of gifts from the U.S. or any of the States.)

Foreign interference in the American political system was among the gravest dangers feared by the Founders of our nation and the framers of our Constitution. The United States was a new government, and one that was vulnerable to manipulation by the great and wealthy world powers (which then, as now, included Russia).

The issue of emoluments remained largely uncontested until the first term of the current president when several parties sued for the perceived breach of the Emoluments clause. However, despite the matter having gone to the Supreme Court in a few cases, no clear position has been taken by the courts.

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The Constitution was created to guide the behavior of U.S. government officials, elected and otherwise, in order to focus their loyalty on the interests of the entire country. Whether a gift is from a foreign country or from one of the U.S. states, it carries both the potential for and expectation of influencing decisions in favor of the gift-giver. The emoluments clause is no relic of a bygone era, but rather an expression of insight into the nature of the human condition and the preconditions of self-governance.

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