Jonah Patel
The Constitution of the United States has been in place since 1789, superseding the Articles of Confederation, the nation's first constitution. The Constitution was written at the 1787 Philadelphia Convention and was ratified through a series of state conventions held in 1787 and 1788. It has since been amended 27 times, with the first ten amendments known as the Bill of Rights. The Constitution is the supreme law of the United States and has served as the framework for the country's government, delineating the federal government into three branches: the legislative, executive, and judicial.
| Characteristics | Values |
|---|---|
| Date the Constitution of the USA became operational | March 4, 1789 |
| Date the Constitution was written | 1787 |
| Location the Constitution was written | Philadelphia |
| Number of delegates who signed the Constitution | 39 |
| Number of amendments to the Constitution | 27 |
| Number of amendments collectively known as the Bill of Rights | 10 |
| Number of Reconstruction Amendments | 3 |
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What You'll Learn
The Constitution's history and creation
The Constitution of the United States has been in place since 1789, superseding the Articles of Confederation, the nation's first constitution. The Constitution is the supreme law of the United States and has been amended 27 times since it became operational.
The Constitution was written at the 1787 Philadelphia Convention, also known as the Constitutional Convention, and was ratified through a series of state conventions held in 1787 and 1788. The Constitutional Convention created a new form of government by reallocating powers, establishing a powerful central government with a national operation. The convention was attended by delegates from twelve of the thirteen states, and George Washington was unanimously elected as its president.
The delegates were tasked with revising the existing government but ended up creating a completely new one. They crafted compromises to accommodate their diverse interests and views, and the resulting Constitution stands today as one of the longest-lived and most emulated constitutions in the world. 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 was required to enact the new government, and the Federalists dominated the vote in Pennsylvania, carrying it by 46 to 23.
The Constitution originally included seven articles, delineating the frame 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, consisting of the bicameral Congress; the executive, consisting of the president and subordinate officers; and the judicial, consisting of the Supreme Court and other federal courts. The remaining articles embody concepts of federalism, describing the rights and responsibilities of state governments, their relationship to the federal government, and the shared legislative and enforcement processes.
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Amendments to the Constitution
The US Constitution has been amended 27 times since it came into operation on March 4, 1789. The process of amending the Constitution is detailed in Article Five of the United States Constitution. Amendments must be properly proposed and ratified before becoming operative. This process was designed to strike a balance between the excesses of constant change and inflexibility.
An amendment may be proposed and sent to the states for ratification by either the US Congress, whenever a two-thirds majority in both the Senate and the House of Representatives deem it necessary, or by a national convention called by Congress for this purpose on the application of the legislatures of two-thirds of the states (34 since 1959). This second option has never been used. To become part of the Constitution, an amendment must be ratified by three-quarters of the states (38 since 1959) by either the legislatures of three-quarters of the states or state ratifying conventions.
The first ten amendments, known collectively as the Bill of Rights, were ratified simultaneously on December 15, 1791. They offer specific protections of individual liberty and justice and place restrictions on the powers of government within US states. Amendments 13, 14, and 15 are collectively known as the Reconstruction Amendments. The Twenty-first Amendment, ratified in 1933, is the only amendment to be ratified through state ratifying conventions in three-quarters of the states. It is also the only amendment that explicitly repeals an earlier one, the Eighteenth Amendment (ratified in 1919), which established the prohibition of alcohol.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Members of the House and Senate typically propose around 150-200 amendments during each two-year term of Congress. However, most never make it out of the Congressional committees in which they are proposed, and only a fraction of those approved in committee receive sufficient support to enter the constitutional ratification process. Six amendments approved by Congress and proposed to the states for consideration have not been ratified by the required number of states. Four of these are technically still pending, as Congress did not set a time limit for their ratification.
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The Constitution's influence on US law
The US Constitution, signed on September 17, 1787, in Philadelphia, has been the supreme law of the United States of America since 1789. It superseded the Articles of Confederation, the nation's first constitution. The US Constitution has been amended 27 times since it came into force. The first ten amendments, known as the Bill of Rights, protect individual liberty and justice and restrict the powers of the government. The US Constitution has had a profound influence on US law, with its impact on legal thinking and adaptation in emerging nations.
The US Constitution is unique in that it dictates rule by popular consent, with laws drafted by the people's representatives, rather than by a sovereign. This was a significant departure from the 18th-century norm of monarchical rule in older nations. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. The legislative branch consists of the bicameral Congress, the executive branch of the president and subordinate officers, and the judicial branch of the Supreme Court and other federal courts.
The US Constitution has also influenced the development of freely elected governments in former European colonies, with many referencing the rights of man and the separation of powers outlined in the US Constitution. Latin American countries, for example, have developed similar constitutions and a federalist framework of government.
The Federalist Papers, a series of 85 essays written by Alexander Hamilton, James Madison, and John Jay between 1787 and 1788, further emphasise the importance of the US Constitution. These essays promote the ratification of the Constitution and explain the need for an independent judiciary to ensure that the people's representatives act within the authority granted by the Constitution.
The US Constitution is the fundamental law of the nation, codifying the core values of the people. Courts are responsible for interpreting the Constitution and any laws passed by Congress. The Bill of Rights, for example, protects concepts such as freedom of religion, speech, equal treatment, and due process of law, ensuring that not even a majority should be allowed to change them without a Constitutional Amendment.
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The Constitution's impact on federalism
The US Constitution has been in place since 1789, and it has had a significant impact on federalism in the country. Federalism at the founding of the US can be described as "Enumerated Powers Federalism". This is because the Constitution delineates the frame of the federal government, dividing it into 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).
Articles IV, V, and VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relation to the federal government, and the shared process. The Tenth Amendment reserves powers to the states, as long as those powers are not delegated to the federal government. The national government was conceived as one of limited and enumerated powers, with state legislative powers being almost exclusively limited by their own constitutions.
The federal courts have also played a significant role in interpreting and enforcing federalism. By the Civil War, the federal courts had established several key principles, including the power to invalidate unconstitutional state laws, to nullify conflicting state court rulings, and to ensure the supremacy of federal law within the enumerated powers delegated to the federal government.
The US Constitution's impact on federalism has been a complex and evolving process, with various amendments and court interpretations shaping the relationship between the federal and state governments.
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Criticisms of the Constitution
The United States Constitution, which has been in place since 1789, 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, and has been amended 27 times since. The first ten amendments, known as the Bill of Rights, protect individual liberty and justice and restrict government powers. While the Constitution is celebrated as a symbol of the nation's aspirations for justice and welfare, it has also faced several criticisms over the years.
One criticism of the US Constitution is that it is structurally flawed, making it difficult to promote justice and the general welfare of the people. Some argue that while the Constitution should be honoured for its style, endurance, and flexibility, some of its structural faults hamper its effectiveness. For example, the Constitution's treatment of race and racial discrimination has been a subject of debate, with proponents of Critical Race Theory arguing that a full understanding of the Constitution requires studying its historical context, including the role of race.
Another criticism is that the Constitution does not adequately address issues of federal authority or modify government processes and procedures. The relationship between the federal government and the states is outlined in the Constitution, but there have been debates about the interpretation of these provisions and the balance of power between the two. Additionally, the process of amending the Constitution has been criticised for being cumbersome and time-consuming, with many proposed amendments never making it out of Congressional committees.
The Constitution has also been criticised for its failure to adequately protect the rights of certain groups, such as racial minorities and women. The original Constitution did not explicitly address issues of racial equality or gender equality, and it took several amendments, such as the 13th, 14th, and 15th amendments after the Civil War, to abolish slavery and ensure equal protection under the law. Despite these amendments, critics argue that the Constitution still falls short in guaranteeing the rights of marginalised communities.
Furthermore, some critics argue that the Constitution is undemocratic in its original form. Sanford Levinson, a professor of government, published a book titled "Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It)". This criticism highlights the perceived shortcomings of the Constitution in promoting democratic values and the need for corrective measures to ensure a more inclusive and representative political system.
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Frequently asked questions
The Constitution of the USA has been in place since 1789.
The Constitution was created to reform the Articles of Confederation, which provided for a loose alliance of states with a weak central government.
The year 1789 marks the beginning of the operational phase of the Constitution, when it superseded the Articles of Confederation as the supreme law of the land.
Since it came into effect, the Constitution has been amended 27 times.
The Constitution delineates the frame of the federal government, establishing the separation of powers into three branches: the legislative, executive, and judicial. It also embodies concepts of federalism and outlines the rights and responsibilities of state governments in relation to the federal government.
