Malcolm Rivera
The endurance of a constitution is influenced by various factors, including political desires, the time devoted to its drafting, and the changing needs of a nation. While Thomas Jefferson predicted that a constitution would ideally remain in force for 20 years, the average lifespan of a constitution is approximately 19 years, with some lasting less than a year. In contrast, a few constitutions, like that of the United States, have endured for centuries with periodic amendments. The US Constitution, signed on September 17, 1787, is the oldest and longest-standing written national constitution still in force, influencing the establishment of Constitution Day and Constitution Week to promote civic education. Other enduring constitutions include the Leges Statutae Republicae Sancti Marini of San Marino, written in 1600 and based on the Statuti Comunali of 1300, and the Ancestral Injunctions of China's Ming dynasty, which lasted for 250 years. These constitutions have stood the test of time, adapting to societal changes while providing a framework for governance.
| Characteristics | Values |
|---|---|
| Average life of a newly written constitution | 19 years |
| Percentage of constitutions that don't last more than 10 years | 10% |
| Oldest and longest-standing written and codified national constitution in force | United States Constitution |
| Date of signing of the United States Constitution | September 17, 1787 |
| Date of submission of the United States Constitution to Congress | September 28, 1787 |
| Date of the oldest written document still governing a sovereign nation | 1600 |
| Author of the United States Constitution | Jacob Shallus |
| Number of amendments to the United States Constitution | 27 |
| Average ratification time for the first 26 amendments | 1 year, 252 days |
| Average ratification time for all 27 amendments | 9 years, 48 days |
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What You'll Learn
The endurance of the US Constitution
The United States Constitution is the oldest and longest-standing national constitution in force in the world. It has endured for over two centuries, surviving civil war, economic depressions, assassinations, and terrorist attacks. The Constitution was signed on September 17, 1787, and ratified in 1789, superseding the Articles of Confederation, the nation's first constitution.
The Constitution's endurance is due in part to its flexibility and adaptability. It was designed as a "living document," with a built-in amendment process that allows for changes to be made over time. This process has been utilized throughout the Constitution's history, with 27 amendments having been added to date. The first ten amendments, collectively known as the Bill of Rights, were added in 1791 and include the Third and Fourth Amendments, which protect against the quartering of soldiers in private homes during peacetime and unreasonable searches and seizures, respectively.
The basic premises on which the Constitution was framed have remained constant, even as the document has evolved. These include the protection of individual rights and liberties, limited government with separation of powers and checks and balances, federalism, and judicial review. The Constitution delineates the framework of the federal government, dividing it 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 endurance of the Constitution is also due to the ongoing dedication of Americans to its principles. As each succeeding generation learns and understands the governing principles of the nation set forth in the Constitution, they play a role in ensuring its longevity. The establishment of Constitution Week in 1956 by Congress is one example of the efforts made to encourage Americans to study and appreciate the document. The Constitution's endurance is a testament to the knowledge, experience, and dedication of its framers, as well as the generations of Americans who have upheld its values.
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Amendments to the Constitution
The United States Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It has been amended several times since it was first ratified on June 21, 1788, to strengthen and modify the nation's plan of government. Amendments to the Constitution are changes made to the original text and are done through a two-step process outlined in Article Five. This process involves proper proposal and ratification before becoming operative.
Since 1789, there have been approximately 11,848 proposals to amend the Constitution introduced in Congress. Members of the House and Senate propose around 150-200 amendments during each two-year term of Congress. However, most of these proposals never make it out of the Congressional committees and only a fraction receive enough support to enter the constitutional ratification process.
For an amendment to be proposed and sent to the states for ratification, it must be approved by a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures (34 since 1959). This second option has never been used.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 since 1959) through their legislatures or state ratifying conventions. Of the 33 amendments proposed by Congress and sent to the states, 27 have been successfully ratified and are now part of the Constitution. The first ten amendments, collectively known as the Bill of Rights, were ratified simultaneously on December 15, 1791. Amendments 13-15 are known as the Reconstruction Amendments.
The average ratification time for the first 26 amendments was 1 year and 252 days. The Twenty-Sixth Amendment was ratified the quickest, in just 100 days, while the Twenty-Second Amendment took the longest at 3 years and 343 days, excluding the Twenty-Seventh Amendment, which was pending before the states for 202 years and 205 days. Six amendments have been approved by Congress but have not been ratified by the required number of states and remain pending.
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The oldest written constitutions still in force
The Constitution of the United States is the oldest and shortest written constitution still in force. Since 1789, when it came into force, close to 800 constitutions have been adopted and amended by independent states around the world. The US Constitution has been amended 27 times.
The Commonwealth of Massachusetts adopted its Constitution in 1780, the oldest still-functioning constitution of any U.S. state.
The Constitution of San Marino, written in 1600, is the oldest written document still governing a sovereign nation today. It is also believed to be the world's oldest surviving constitution. It is based on the Statuti Comunali (Town Statute) of 1300. San Marino’s current legal system is still based on this constitution, so it counts as the world’s oldest existing constitution.
The Australian Constitution is one of the oldest in the world, drafted throughout the 1890s. It came into effect on the 1st of January 1901.
The Swiss Federal Constitution was first written on September 12, 1848, and later rewritten in 1874. The modern Swiss Federal Constitution was ratified on April 18, 1999.
The Constitution of Luxembourg was first written in 1841, two years after Luxembourg became a sovereign nation. The current Constitution dates to 1868 and it was last amended in 2016.
The Constitution of Canada was written in 1867 as the British North America Act. It outlines the country’s system of government, including the structure of its Parliament, the way elections work, the role of the monarchy, and the divisions of powers between the federal government and the provinces.
The Constitution of Tonga, a Polynesian sovereign state and archipelago, was enacted on the 4th of November 1875, by King George Tupou I.
In China, the Hongwu Emperor created and refined a document he called Ancestral Injunctions (first published in 1375, revised twice more before he died in 1398). These rules served as a constitution for the Ming dynasty for the next 250 years.
Japan's Seventeen-article constitution, written in 604, is an early example of a constitution in Asian political history. Influenced by Buddhist teachings, the document focuses more on social morality than on institutions of government.
The precise dating of the Constitution of Medina remains debated, but scholars agree it was written shortly after the Hijra (622).
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The average life of a constitution
The endurance of a constitution depends on the knowledge and experience of each succeeding generation of citizens. The United States Constitution, for example, has survived civil wars, economic depressions, assassinations, and terrorist attacks. It is the oldest and longest-standing written and codified national constitution in force in the world, remaining in effect for over two centuries.
However, not all constitutions last this long. According to recent studies, the average life of a newly written constitution is around 19 years. A significant number of constitutions do not even last a decade, and about 10% don't make it past a year—as was the case with the French Constitution of 1791. The most common reasons for these short lifespans are the political desire for quick outcomes and the rushed constitutional drafting process, with an average drafting time of around 16 months.
Some notable constitutions that have stood the test of time include the Leges Statutae Republicae Sancti Marini of San Marino, written in 1600 and still in force today. In China, the Ancestral Injunctions created by the Hongwu Emperor in the 14th century served as the constitution for the Ming dynasty for 250 years. Japan's Seventeen-Article Constitution, written in 604, is an early example of a constitution in Asian political history, influenced by Buddhist teachings. The Constitution of Medina, also known as the Charter of Medina, was drafted by the Islamic prophet Muhammad in the 7th century and is another early example of a constitution.
While the average constitution may have a lifespan of around two decades, it is evident that some constitutions have endured for centuries, adapting to the changing needs of their nations. The endurance of a constitution depends on its ability to remain relevant and responsive to the challenges and aspirations of its citizens across generations.
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The US Constitution vs. other constitutions
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The US Constitution has been amended 27 times, with the first 10 amendments known as the Bill of Rights. The average ratification time for the first 26 amendments was 1 year and 252 days; the last amendment, the Twenty-seventh Amendment, was pending before the states for 202 years and 225 days.
The US Constitution's original text and all prior amendments remain untouched. It consists of a preamble, seven articles, and 27 amendments. 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 (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). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the relationship between the 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.
While the US Constitution is the oldest, other countries have also adopted written constitutions. For example, the Constitution of India is the longest written constitution in the world, with 448 articles in 25 parts, and 12 schedules. It came into force on January 26, 1950, and has been amended many times since then. The Constitution of South Africa is another example of a written constitution that has been amended multiple times since its adoption in 1996.
In contrast to the US Constitution, some countries have unwritten constitutions, where the fundamental rules of the political system are not gathered in a single document but are instead found in various sources, such as customs, laws, and judicial decisions. An example of a country with an unwritten constitution is the United Kingdom. The UK does not have a single constitutional document, but its constitution is made up of various sources, including statutes, court judgments, and conventions.
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Frequently asked questions
The US Constitution has been in force for over two centuries. It is the oldest and longest-standing written and codified national constitution in the world.
According to recent studies, the average life of a newly written constitution is around 19 years. A great number of constitutions do not last more than 10 years, and around 10% do not last more than a year.
The oldest written document still governing a sovereign nation is that of San Marino, written in 1600. It is based on the Statuti Comunali (Town Statute) of 1300.
Japan's Seventeen-article constitution, written in 604, is an early example of a constitution in Asian political history. Influenced by Buddhist teachings, it focuses more on social morality than on institutions of government.
