What Are the Powers of the Citizens in the Constitution?
- The text of the Constitution reflects the framers' belief that governments are the creations of their people and the power to govern derives from the consent of the governed. Recognizing this, the Constitution empowers citizens to choose who will represent them. Originally, the Constitution gave citizens the power to elect members of the House of Representatives. The 17th Amendment expanded that power by giving citizens the right to vote directly for Senators, who previously were chosen by state legislatures.
- The power to seek election is consistent with the idea that people create governments. Under Articles I and II of the Constitution, citizens may seek election as members of Congress or as president of the United States, provided they meet certain constitutional qualifications. Representatives must be at least 25 years old, a U.S. citizen for at least seven years and a citizen of the state in which he or she runs for office. Senators must be at least 30, a citizen for at least nine years and a resident of the state he or she will represent. The president must be at least 35 and a native-born U.S. citizen, as well as a U.S. resident for at least 14 years.
- The text of the Constitution is more explicit in outlining the powers of the national and state governments than those of the citizens. However, U.S. citizens have a range of implicit powers, which the 10th Amendment makes clear. This amendment states that the people retain all powers not delegated to the federal government or forbidden to the states by the federal government. These implied powers are extensive. For example, because the Constitution does not give the federal government the power to own industries and business enterprises, the people have the power to invest their capital and start their own businesses.
- The First Amendment, the first of the 10 amendments known as the Bill of Rights, not only guarantees free speech, freedom of the press and freedom of religion, it also states that Congress may not abridge the power of the people to assemble peaceably and to petition the government to makes amends for grievances. This means that even people opposed to the government have the power to hold peaceful rallies and voice their grievances. They also have the power to present their issues to the government.