Eleanor Finch
The United States Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It is the fundamental framework of America's system of government, and it separates the powers of government into three branches: the legislative branch, which makes the laws; the executive branch, which executes the laws; and the judicial branch, which interprets the laws. The Constitution is a challenging document to amend, and the process is intentionally difficult. Changes require extreme bipartisan cooperation and must be ratified by the Legislatures of three-fourths of the several States or by a Convention for proposing Amendments. The Constitution has inspired the world and put governance in the hands of the people.
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What You'll Learn
- The US Constitution is the oldest and longest-standing national constitution
- The Constitution is the fundamental framework of America's system of government
- The Constitution was written during the Constitutional Convention in 1787
- The document was signed on September 17, 1787, now commemorated as Constitution Day
- Amendments to the US Constitution are appended to the original document
The US Constitution is the oldest and longest-standing national constitution
The Constitution of the United States was inscribed by Jacob Shallus on parchment, and the document is on display in the Rotunda at the National Archives Museum. The spelling and punctuation reflect the original. The document begins with the words: "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."
The US Constitution outlines the powers of the Congress of the United States, which consists of a Senate and House of Representatives. It also establishes the legislative process, including the manner of holding elections, the role of each house in the legislative process, and the rules for passing laws.
The Constitution has been amended over time, with the power to propose amendments resting with two-thirds of both Houses of Congress or two-thirds of the state legislatures. These amendments are then valid when ratified by three-fourths of the state legislatures. The Constitution has been interpreted and applied over time by the Supreme Court, which has the power to rule on the constitutionality of laws and government actions.
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The Constitution is the fundamental framework of America's system of government
The United States Constitution is the nation's fundamental law and has been a notable model for governance worldwide. It comprises four sections: an introductory paragraph, a list of seven Articles that outline the federal government's basic framework, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments adopted under Article V. The Constitution is designed to be challenging to amend, requiring high standards for ratification.
The Preamble, or introductory paragraph, sets out the new government's purposes, beginning with "We the People of the United States," emphasising that the people, not the states, are the source of the government's legitimacy. The seven Articles that follow define the government's structure, with Article I describing the Congress, the legislative branch. It establishes election procedures and qualifications for members, including age, citizenship, and residency requirements.
The Constitution also includes a Bill of Rights, guaranteeing individual freedoms such as freedom of religion, speech, equal treatment, and due process of law. These rights are deemed so essential that they cannot be altered by a simple majority rule, requiring a Constitutional Amendment instead. The Ninth Amendment further acknowledges that individuals possess other fundamental rights beyond those explicitly stated in the Constitution, referred to as "unenumerated rights," such as the right to travel, vote, and privacy.
Courts play a crucial role in upholding the Constitution as the supreme law of the land. They have jurisdiction over government officials' actions and can rule on whether the national government adheres to the Constitution. The federal courts, as explained by Alexander Hamilton in The Federalist Papers, act as an "intermediate body" between the people and their legislature, ensuring that representatives' powers are derived from the Constitution. The Constitution's interpretation and application are continually shaped by Supreme Court cases and judicial review, reinforcing its position as the fundamental framework of America's system of government.
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The Constitution was written during the Constitutional Convention in 1787
The Constitution of the United States was written during the Constitutional Convention in 1787. The Constitutional Convention, also known as the Philadelphia Convention, was held between May and September 1787 in Philadelphia, Pennsylvania. The Convention was convened to address the problems of the weak central government that existed under the Articles of Confederation, which had been established after the American Revolution.
The fifty-five delegates who attended the Convention debated and discussed a range of issues, including the division of power between the federal government and the states, the number of representatives each state should have in Congress, and how these representatives should be elected. They also considered the powers of the different branches of government, including the legislative, executive, and judicial branches.
The delegates to the Convention created a model of government that relied on a system of checks and balances, dividing federal authority between the legislative, executive, and judicial branches. This model was designed to limit the power of the central government and ensure that no one branch had too much power. The Constitution also established an executive branch to handle routine paperwork and other matters of lesser consequence, while the Senate would handle important issues such as treaty ratification.
The Constitution that emerged from the Convention established a federal government with more specific powers, including the power to conduct relations with foreign governments. The Constitution was signed on September 17, 1787, and came into effect in 1789 after the necessary number of state ratifications. It has served as the basis of the United States Government ever since.
While the Constitution has been amended several times since its ratification, some argue that it should be difficult to amend such a foundational document. Others suggest that a Constitutional Convention be held every 20-40 years to consider amendments and make necessary changes.
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The document was signed on September 17, 1787, now commemorated as Constitution Day
The United States Constitution, the oldest and longest-standing written and codified national constitution in force, was signed on September 17, 1787. This day is now commemorated as Constitution Day. The Constitution was written during the Philadelphia Convention, also known as the Constitutional Convention, which took place from May 25 to September 17, 1787. The document was drafted by delegates chosen by the state legislatures of 12 of the 13 original states, with Rhode Island refusing to send delegates.
The Constitutional Convention was conducted under an oath of secrecy. The original signed, handwritten Constitution, penned by Jacob Shallus, is housed at the National Archives in Washington, D.C. The Constitution superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. It establishes a federal government with three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the President and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III).
The Constitution also outlines the rights and responsibilities of state governments and their relationship with the federal government, and it sets up a system of checks and balances to ensure no one branch holds too much power. Additionally, it addresses issues such as the migration or importation of persons, the privilege of the writ of habeas corpus, and the prohibition of bills of attainder or ex post facto laws.
Constitution Day, established by law in 2004, is observed annually on September 17. It is a federal observance that commemorates the signing of the U.S. Constitution. Educational institutions that receive federal funds are required to hold educational programs about the Constitution on this day.
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Amendments to the US Constitution are appended to the original document
The process of amending the US Constitution is a complex and lengthy one, and it has only been amended 27 times since it was first drafted in 1787. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of the state legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. They also assemble an information package for the states, which includes formal "red-line" copies of the joint resolution and copies of the joint resolution in slip law format. The Governors then formally submit the amendment to their state legislatures, and when a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is conveyed to the Director of the Federal Register.
The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process has been completed.
In summary, the process of amending the US Constitution is a challenging and meticulous procedure, involving multiple steps and the collaboration of various governmental bodies. The amendments are appended to the original document through a rigorous process, ensuring that any changes made are carefully considered and widely accepted.
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Frequently asked questions
The Constitution of the United States is the supreme law of the United States of America. It is the oldest and longest-standing written and codified national constitution in force. It separates the powers of government into three branches: the legislative, executive, and judicial.
The Constitution was written during the Philadelphia Convention, now known as the Constitutional Convention, from May 25 to September 17, 1787. It was signed on September 17, 1787, and later superseded the Articles of Confederation on March 4, 1789. The Constitution was formed after months of passionate and thoughtful deliberation among the delegates.
It is difficult to amend the Constitution and requires extreme bipartisan cooperation. Amendments are appended to the document, and the original has been interpreted, supplemented, and implemented by a large body of federal constitutional law.
The Constitution is significant as it put governance in the hands of the people. It serves as the fundamental framework of America's system of government, setting up a system of checks and balances to ensure no branch has too much power.
