Isabella Carter
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of an entity, be it a country, company, or association, and determines how that entity is governed. The writing of a constitution is a careful process that involves considerations of the underlying principles and mechanisms of power control to protect the interests and liberties of citizens. The design of a constitution is not arbitrary but guided by principles that constrain the constitution's structure and content. The process of writing a constitution often involves examining historical examples of governmental designs, such as democracies, aristocracies, or monarchies, and their effectiveness, combining elements to create a balanced and functional system. The writing of a constitution may also involve classifying the functions of the government into branches, such as the legislative, executive, and judicial, to ensure separation of powers.
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What You'll Learn
The US Constitution's seven articles
The US Constitution, the supreme law of the United States of America, was signed on September 17, 1787, and ratified on June 21, 1788. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution was formed as a response to the weaknesses of the Articles of Confederation, which gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn’t regulate commerce, or print money. The states’ disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
The US Constitution consists of seven articles that define the basic framework of the federal government. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
Article I describes the legislative branch of the federal government, which consists of a bicameral Congress, including the Senate and the House of Representatives. It establishes the manner of election and the qualifications of members of each body. For instance, Representatives must be at least 25 years old, be a citizen of the United States for seven years, and live in the state they represent.
Article II covers the executive branch, consisting of the President and subordinate officers.
Article III covers the judicial branch, which includes the Supreme Court and other federal courts.
Articles IV, V, and VI embody concepts of federalism, outlining the rights and responsibilities of state governments, the relationship between states and the federal government, and the shared process of constitutional amendment.
Article VII establishes the procedure used by the 13 states to ratify the Constitution. The ratification process was a challenging campaign, with only 6 out of 13 states initially reporting a pro-Constitution majority. The Anti-Federalists opposed the Constitution due to its creation of a powerful central government and the lack of a bill of rights. However, the Federalists, who supported a strong central government, were able to secure victory with the "vote now, amend later" compromise.
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Legislative, executive, and judicial branches
The Constitution of the United States divides the federal government into three branches: the legislative, the executive, and the judicial. This separation of powers ensures that no single branch holds too much power and creates a system of checks and balances, allowing each branch to respond to the actions of the others.
Legislative Branch
The legislative branch, as outlined in Article I of the Constitution, consists of a bicameral Congress, comprising the Senate and the House of Representatives. It is responsible for making laws and holds powers such as controlling the budget and approving presidential nominations. Congress can also impeach and remove the President from office in exceptional circumstances.
Executive Branch
The executive branch, described in Article II, is led by the President and includes executive departments, independent agencies, and other boards and commissions. The President enforces the laws made by the legislative branch and can issue executive orders, which carry the force of law. The President also nominates heads of federal agencies and judicial appointees, including Supreme Court justices, who are then confirmed by the Senate.
Judicial Branch
The judicial branch, established in Article III, consists of the Supreme Court and other federal courts. The Supreme Court, composed of nine Justices, is the highest court in the country. The Justices interpret laws according to the Constitution and can overturn unconstitutional ones. The federal judicial system also includes lower courts located in each state to hear cases involving federal issues.
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Federalism and state rights
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution is divided into seven articles on different topics, with each article further divided into sections.
Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment.
In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution. The enumerated powers listed in the Constitution include exclusive federal powers and concurrent powers shared with the states. These are contrasted with reserved powers, also known as states' rights, which only the states possess.
The Kentucky and Virginia Resolutions, which became part of the Principles of '98, along with the supporting Report of 1800 by Madison, became final documents of Jefferson's Democratic-Republican Party. In the Kentucky Resolutions, Jefferson asserted that the states composing the United States of America are not united on the principle of unlimited submission to their general government. Instead, they constituted a general government for special purposes, delegating certain definite powers and reserving the rest for self-government.
In the event of any conflict between state and federal law, the Constitution resolves the conflict in favour of the federal government through the Supremacy Clause of Article VI. However, the Supremacy Clause only applies if the federal government acts within its constitutionally authorised powers.
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Amending the Constitution
The Constitution of the United States is the supreme law of the land. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights. Amending the Constitution is a difficult and time-consuming process. The framers made it challenging to ensure the document's longevity.
Article V of the Constitution outlines the procedure for amending it. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. The President does not have a constitutional role in the amendment process.
Once an amendment is proposed by Congress, the Archivist of the United States administers the ratification process. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). The ratification process does not have a detailed description in Article V or the relevant legal code.
The process of amending the Constitution ensures that any changes made are well-considered and have a significant impact on the nation. It is not meant to be an easy task to alter the foundational document of the country. The amendments that have been made, such as the Eighteenth Amendment prohibiting the sale and transportation of alcohol, have had far-reaching consequences.
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Ratification of the Constitution
The ratification of the U.S. Constitution was a complex and lengthy process that began with the drafting of the document at the Constitutional Convention in Philadelphia between May 25 and September 17, 1787. The Convention was presided over by George Washington, who played an active role in ensuring that compromises were made to create a stronger national government. The Constitution was then submitted to the Congress of the Confederation in New York City, the nation's temporary capital, within three days of its signing.
The Congress of the Confederation voted unanimously to forward the proposal to the thirteen states for their ratification. The process outlined in Article VII of the proposed Constitution required ratification by nine of the thirteen states, or a two-thirds majority. This process ignored the amendment provision of the Articles of Confederation, which required unanimous approval of all the states. The Constitutional Convention delegates wanted the new constitution to be ratified by both a majority of states and a majority of the country's citizens.
The ratification process was not without opposition. Two factions emerged: the Federalists, who supported the Constitution, and the Anti-Federalists, who opposed it. Alexander Hamilton, James Madison, and John Jay, who were Federalists, authored the "Federalist Papers" to promote ratification and address people's fears about a federal government. By the end of 1787, three state legislatures had voted in favor of ratification: Delaware, Pennsylvania, and New Jersey. As 1788 began, Connecticut and Georgia followed suit, with New Hampshire becoming the ninth state to ratify on June 21, 1788, thus satisfying the requirement for ratification.
However, the length of time it took for all states to ratify the Constitution emphasized the deeply held differences of opinion over the new constitution and the strong national government it established. Larger states like New York and Virginia had to be persuaded that they would retain their influence over national affairs. Rhode Island, the last state to ratify the Constitution in May 1790, initially rejected it but eventually voted for ratification after some major cities threatened to secede from the state, and the national government threatened to treat it as a foreign country.
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Frequently asked questions
A constitution is a set of fundamental principles that establish the legal basis of a polity, organization, or another type of entity, and commonly determines how that entity is governed.
The process of writing a constitution, often referred to as its framing, involves establishing the underlying principles and provisions that will govern a particular entity. This typically involves examining historical examples of governmental designs and considering their effectiveness and the advantages they offer.
The process typically involves writers, legal experts, and delegates chosen by the relevant state legislatures.
Key considerations include the type of government to be established (democracy, aristocracy, or monarchy), the separation of powers between different branches of government, and the rights and responsibilities of the government and its citizens.
