Eleanor Finch
The United States Constitution is a historical document that outlines the country's judicial system and serves as a foundational text for the US government. It comprises the Preamble, seven articles, and 27 amendments, with the first 10 known as the Bill of Rights. The Constitution is frequently referenced in the news, particularly in political debates and discussions about law and order. For example, former President Donald Trump made headlines when he said he didn't know if he had to 'uphold the Constitution', citing the need for rapid deportations of immigrants to take precedence over their right to due process. This statement sparked controversy and highlighted the ongoing dialogue surrounding the interpretation and application of constitutional rights in modern times.
| Characteristics | Values |
|---|---|
| Date of signing | 17 September 1787 |
| Number of delegates who endorsed the constitution | 39 |
| Number of articles | 7 |
| Number of amendments | 27 |
| First 10 amendments known as | Bill of Rights |
| Date of first 10 amendments ratification | 15 December 1791 |
| Due process rights for immigrants | Required by the Fifth Amendment |
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What You'll Learn
Trump's ambiguity on upholding the Constitution
The US Constitution has been in the news recently due to former President Donald Trump's ambiguity on upholding it. During an NBC News interview with Kristen Welker, Trump was asked if he felt it was his duty as president to uphold the Constitution. He responded, "I don't know." Trump's response has been criticised by Democrats and legal experts, who view it as a disregard for constitutional boundaries. Trump has also expressed that he wouldn't "100 percent" agree that the US should be ruled by laws, not men, and has mused about staying in office beyond his constitutionally mandated term limit.
Trump's comments come as he faces scrutiny for his administration's refusal to bring Kilmar Abrego Garcia, a Maryland man, back from El Salvador, despite the Supreme Court ruling 9-0 that the administration must "facilitate" his return. Trump has tried to distance himself from the situation, claiming it is up to his lawyers and the Justice Department.
Trump's dismissal of the Constitution has sparked a debate among Republicans, with some defending him and arguing that he knows he needs to uphold it. However, others have criticised his comments, with Republican Sen. Rand Paul pushing back that "following the Constitution is not a suggestion."
Trump's refusal to commit to upholding the Constitution has raised concerns about his commitment to the rule of law and the protection of individual rights and freedoms enshrined in the Constitution. His comments have also highlighted the importance of the Constitution in US politics and governance, with many conservatives holding it dearly.
While Trump's ambiguity on upholding the Constitution has caused controversy, it is important to note that the Constitution itself is a complex and ambiguous document, with interpretations varying across the political spectrum.
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The signing of the US Constitution
The United States Constitution was signed on September 17, 1787, at Independence Hall in Philadelphia, Pennsylvania. The signing occurred four months after the Constitutional Convention began in May 1787. The convention featured many great minds of the day, including James Madison, James Wilson, Gouverneur Morris, and, for a while, Alexander Hamilton. George Washington presided over the convention, which saw 39 delegates endorse the constitution.
The delegates represented 12 states, with Rhode Island declining to send any delegates. Of the 74 delegates chosen, 55 attended, and 39 signed. The youngest signer was 26-year-old Jonathan Dayton, while the oldest was 81-year-old Benjamin Franklin. Franklin, in poor health, delivered a powerful speech in support of the Constitution, which he concluded with a plea for all delegates to sign.
The signing of the Constitution was preceded by debate, with some delegates objecting to the final version. Franklin's speech, read by James Wilson, acknowledged the Constitution's imperfections but argued that it was the best that could be hoped for. The closing endorsement of the Constitution, conceived by Gouverneur Morris and presented by Franklin, was intentionally ambiguous to win over dissenting delegates.
The convention's secretary, William Jackson, added a note verifying four amendments made by hand and signed to authenticate the document's validity. The final motion to sign the Constitution was approved by 10 of the state delegations. The signing of the Constitution established the government of the United States and outlined the functions of its three branches: legislative, executive, and judicial.
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Judicial review and Congress
The Constitution of the United States outlines the country's judicial system and establishes the federal judiciary. Article III, Section I of the Constitution states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This provision permits Congress to decide how to organize the Supreme Court and establishes its authority to strike down state laws found to be in violation of the Constitution.
Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, with the current composition being one Chief Justice and eight Associate Justices.
The Supreme Court holds discretionary jurisdiction, meaning it is not required to hear every case presented to it. The Court's best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. Judicial review relies on the jurisdictional authority in Article III and the Supremacy Clause, which requires all laws passed in the United States to conform to the Constitution.
The doctrine of judicial review holds that the courts, including the Supreme Court, are vested with the authority to determine the legitimacy of the acts of the executive and legislative branches of government. This power ensures that the interpretation of laws and executive actions adheres to the principles outlined in the Constitution. Judicial review provides a countermajoritarian force, allowing the judicial branch to be a check against the political climates or special interests that may influence other branches of government.
The Congressional Review Act (CRA) also plays a role in judicial review. While Section 805 of the CRA appears to preclude judicial review of an agency's noncompliance with the act, the act as a whole provides Congress with a program for judicial review of agency actions. The CRA has been used by incoming administrations to nullify rules implemented by their predecessors, and it empowers private parties to bring lawsuits to prevent unlawful conduct by government agencies.
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The US Constitution's preamble
The Preamble to the US Constitution is an introductory statement that expresses the purpose of the document and outlines the intentions of its creators. Drafted by Gouverneur Morris, a delegate from Pennsylvania, it begins with the famous words: "We the People of the United States". This phrase sets the tone for the entire preamble, emphasizing that the power of the federal government derives from the people rather than the states.
The preamble continues: "in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity". Here, the founding fathers outline their vision for a united nation, with a focus on justice, peace, and the welfare of its citizens. They also emphasize the importance of protecting the liberties of the people, a value that has become a cornerstone of American democracy.
The preamble concludes: "do ordain and establish this Constitution for the United States of America". This final phrase underscores the significance of the document as the foundation of the nation's laws and governance. The preamble, therefore, serves as a reminder of the core principles and values that the US Constitution aims to uphold.
The US Constitution, including its preamble, has had a profound impact on the nation's history and continues to shape its present and future. The preamble's reference to "a more perfect Union", for instance, has been invoked in debates about national unity and the need to address societal issues. Additionally, the preamble's emphasis on justice and liberty has influenced legal interpretations and discussions about civil rights.
While the preamble sets out the ideals of the Constitution, it is important to note that it is not a source of legal power or individual rights. Instead, the specific powers and rights are outlined in the articles and amendments that follow. Nonetheless, the preamble remains a powerful statement of the nation's aspirations and a guidepost for interpreting the Constitution as a living document.
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The dating of the Constitution
The United States Constitution was signed on September 17, 1787, at Independence Hall in Philadelphia, Pennsylvania. 39 delegates representing 12 states endorsed the Constitution, with Rhode Island being the only state that did not send delegates. The signing occurred after a four-month-long convention, during which a Committee of Detail was selected on July 24, 1787, to prepare a draft constitution. This first draft included 23 articles and a preamble.
The final draft of the Constitution, presented on September 12, 1787, contained seven articles, a preamble, and a closing statement. The closing endorsement, conceived by Gouverneur Morris and presented by Benjamin Franklin, was intentionally ambiguous to secure the votes of dissenting delegates. The formula "Done in convention by the unanimous consent of the states present" was devised to give the appearance of unanimity, as it was feared that many delegates would refuse to give their individual assent.
The two-fold epoch dating of the Constitution serves to place it within the religious traditions of Western civilization while also linking it to the principles proclaimed in the Declaration of Independence. The document is dated "the Seventeenth Day of September in the Year of our Lord" 1787, and "of the Independence of the United States of America the Twelfth." This dating formula underscores the significance of the Constitution as a foundational document for the young nation.
The signing of the Constitution marked a pivotal moment in American history, setting the framework for the nation's federal government and outlining the functions of its legislative, executive, and judicial branches. The process of obtaining unanimous consent from the states present highlights the challenges faced in forging a unified nation and the importance of compromise in the nation's early years.
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Frequently asked questions
The US Constitution is a legal document that outlines the US judicial system and the rights of US citizens. It was signed on September 17, 1787, and ratified on June 21, 1788.
There have been 27 amendments to the US Constitution, the first 10 of which are known as the Bill of Rights.
The Fifth Amendment states that "no person" shall be "deprived of life, liberty, or property, without due process of law". This amendment has been cited in relation to immigration debates, as it does not specify that the person must be a US citizen.
The US Constitution often appears in the news in the context of political debates and discussions about the role of the government and the rights of citizens. For example, there have been recent news stories about President Trump's comments on upholding the Constitution, specifically in relation to immigration and due process.
The Supreme Court has the authority to interpret and apply the US Constitution to specific cases. It also holds discretionary jurisdiction, meaning it decides which cases it hears. Judicial review is based on the jurisdictional authority in Article III and the Supremacy Clause.
