Omar Bennett
A written constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a country, organization, or other types of entities, and it commonly determines how that entity is governed. The written constitution of a country is often amended and grows over time. The United States Constitution, for example, was written and signed in 1787 and has since been amended numerous times. It is the oldest and longest-standing written and codified national constitution in force in the world. The Indian Constitution, on the other hand, is the longest written constitution of any country, with 146,385 words in its English-language version.
| Characteristics | Values |
|---|---|
| Date written | May 25 to September 17, 1787 |
| Date signed | September 17, 1787 |
| Location written | Philadelphia Convention |
| Location signed | Independence Hall, Philadelphia |
| Number of signatories | 39 |
| Number of articles | 7 |
| Oldest written constitution | San Marino, 1600 |
| Longest written constitution | India, 146,385 words |
| Shortest written constitution | Monaco, 3,814 words |
| First written constitution of an independent polity | 1755 Corsican Constitution |
| First public printing | The Pennsylvania Packet and Daily Advertiser, September 19, 1787 |
| Original copy location | National Archives, Washington, D.C. |
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What You'll Learn
The role of the people
The people play a crucial role in the growth and evolution of a written constitution. In the context of the United States Constitution, the people's role is twofold: first, as the source of sovereignty, and second, as the guardians of constitutional principles.
The United States Constitution, written and signed in 1787, was a groundbreaking document that put governance in the hands of the people. The Preamble of the Constitution, which begins with "We the People," underscores this principle. This marked a significant shift in world history, as it was the first time citizens were allowed to select their form of government and embrace democracy. The Constitution was crafted by delegates representing diverse interests and views, and it was then ratified by the people through a state-by-state process, bypassing state legislatures to ensure a fair transition to a national government.
The people's role as the source of sovereignty is evident in the process of constitutional ratification. Ratification by the people is a critical step in giving the constitution its legitimacy and authority. In the case of the US Constitution, ratification by 9 out of 13 states was required to enact the new government. This process acknowledged the people's right to choose their government and ensured that the constitution reflected their will.
Additionally, the people act as guardians of constitutional principles. They are responsible for upholding and defending the values and freedoms enshrined in the constitution. The constitution is more than just a legal document; it embodies the spirit of freedom and democracy. The people's commitment to these principles ensures that the constitution remains a living, breathing document that guides the nation. Through their vigilance, they can hold their government accountable and ensure that the constitution is interpreted and applied fairly.
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The separation of powers
The United States Constitution establishes three separate but equal branches of government: the legislative branch, the executive branch, and the judicial branch. This is known as the separation of powers.
The legislative branch is responsible for making the law and consists of a bicameral Congress, which includes the Senate and the House of Representatives. The Executive Branch enforces the law and consists of the President and subordinate officers. The Judicial Branch, consisting of the Supreme Court and other federal courts, interprets the law.
The Framers structured the government in this way to prevent any one branch from becoming too powerful and to create a system of checks and balances. Each branch has its own authority and independence, but they also depend on the authority of the other branches for the government to function effectively. This system of checks and balances allows for an interplay of power among the three branches, with each branch exercising a check on the powers of the others. For example, the President may veto legislation, but requires the consent of the Senate to appoint executive officers and judges or enter into treaties. Similarly, Congress may not encroach upon the President's power by exercising a veto over the removal of an Executive officer, and the President may not issue an executive order that usurps the law-making powers of Congress.
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Federalism and state rights
Federalism, or the separation of powers between the state and federal government, was a novel concept when the Founding Fathers included it in the US Constitution. It is the principle of having different levels of government – national, state, and local – each with constitutionally defined powers. The Constitution and the Bill of Rights created two different kinds of separation of powers, both designed to act as critical checks and balances.
The first and most well-known separation of powers is between the three branches of government: Executive, Legislative, and Judiciary. The second is the division of powers between the state and federal government. This is achieved through the Tenth Amendment, which reserves all other powers to the states and people, and states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
The Founding Fathers sought to find a middle way, a blueprint of government in which the powers were shared and balanced between the states and national interests. Federalism became the guiding principle to safeguard Americans against tyranny while providing a check against rogue states. The Framers gathered in Philadelphia in 1787 and drafted a new Constitution grounded in this novel separation of state and national powers.
The Constitution strengthened the national government with powers such as declaring war, making treaties, and regulating interstate trade. However, the Framers also ensured that the states retained many of their powers under the Articles of Confederation. The exact relationship between the national and state governments was somewhat undetermined, and they expected tensions and cooperation to shape the relations between the different levels of government over time.
The Senate represents state interests in the national government because senators are elected statewide. The Electoral College gives the states a powerful voice in presidential elections and ensures that people from all areas of the country are represented when selecting the president. The process of amending the Constitution also requires the participation and approval of state legislatures or their conventions.
Federalism has been a continual source of contention between the two levels of government. Judges and scholars disagree on how the basic principles of federalism should be realised, and a key point of controversy is whether the judiciary should enforce the interests of the states against the federal government.
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Judicial review
The U.S. Constitution, written in 1787, is the oldest and longest-standing written and codified national constitution in force in the world. It outlines the frame of the federal government, which is divided into three branches: the legislative, the executive, and the judicial.
The judicial branch consists of the Supreme Court and other federal courts, which are vested with the judicial power of the United States. This includes the authority to interpret and apply the law to specific cases, as well as the power to punish, sentence, and direct future action to resolve conflicts.
The concept of judicial review was already established at the time of the Founding. The Privy Council had employed a limited form of judicial review to review colonial legislation and its validity under the colonial charters. Additionally, there were instances of state court invalidation of state legislation as inconsistent with state constitutions.
During the Constitutional Convention, most framers who expressed an opinion on the issue assumed and welcomed the existence of judicial review. In the Judiciary Act of 1789, Congress explicitly provided for the exercise of judicial review. However, it is important to note that the debates and intentions surrounding the creation of the Constitution did not compel the conclusion that the framers intended for judicial review to be a part of the Constitution.
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Historical context
The United States Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It was written and signed in 1787, a few years after the Revolutionary War. At the time, several issues threatened to tear the young country apart, including states' disputes over territory, war pensions, taxation, and trade. James Madison, Alexander Hamilton, and George Washington feared the country was on the brink of collapse. America’s first constitution, the Articles of Confederation, had no enforcement powers, couldn't regulate commerce, or print money.
The Constitution was written during the Philadelphia Convention, now known as the Constitutional Convention, which convened from May 25 to September 17, 1787. It was signed on September 17, 1787, by 38 delegates, with George Reed signing for John Dickinson of Delaware, bringing the total number of signatures to 39. The Constitutional Convention was conducted under an oath of secrecy, so the first time the American people saw the Constitution was when it was published in a newspaper, The Pennsylvania Packet and Daily Advertiser, on September 19, 1787—two days after the Constitution was signed.
The Constitution was a charter of government that came to be ratified by the states, and it continues to be the supreme law of the land. The founders set the terms for ratifying the Constitution, bypassing the state legislatures and calling for special ratifying conventions in each state. Ratification by 9 of the 13 states enacted the new government. The Federalists, who believed that a strong central government was necessary to face the nation’s challenges, needed to convert at least three states. The Anti-Federalists fought hard against the Constitution because it created a powerful central government that reminded them of the one they had just overthrown, and it lacked a bill of rights.
The Preamble of the Constitution makes it clear why it was written:
> We the People of the United States, 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, do ordain and establish this Constitution for the United States of America.
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Frequently asked questions
A written constitution is a single document or set of legal documents that outline the legal basis of a polity, organization, or other types of entities. It determines how that entity is to be governed and commonly includes information on the entity's judicial system.
An unwritten constitution is not contained in a single document but is instead written in various fundamental acts of a legislature, court cases, and treaties. The United Kingdom is an example of an uncodified constitution.
A written constitution grows through amendments. Amendments are changes made to the constitution that are usually done by a vote. In the US, for example, Article V outlines the process of constitutional amendment.
The Constitution of San Marino is the oldest surviving constitution in the world, with some of its core documents in operation since 1600.
The Constitution of India is the longest written constitution of any country in the world, with 146,385 words in its English-language version.
