Eleanor Finch
The United States Constitution has served as the supreme law of the land since 1789, shaping America's government and the rights of its people. The Constitution emerged from the 1787 Constitutional Convention in Philadelphia, which sought to address the weaknesses of the Articles of Confederation, the nation's first constitution. The Articles lacked enforcement powers, struggled with state disputes, and had a weak central government. The new Constitution established a federal government with more specific powers, including conducting foreign relations, and created a system of checks and balances with three branches: legislative, executive, and judicial. Since 1789, the Constitution has been amended 27 times, with the first ten amendments known as the Bill of Rights, protecting individual liberties and restricting government powers. These amendments, along with the establishment of a strong central government, helped shape America's future, addressing issues of taxation, commerce, and state representation.
| Characteristics | Values |
|---|---|
| Date of commencement | 4 March 1789 |
| Previous constitution | Articles of Confederation |
| Previous government | A "league of friendship" with 13 sovereign and independent states |
| Previous government's weaknesses | Insufficient power to regulate commerce, tax or set commercial policy, support a war effort, or settle quarrels between states |
| New government structure | Three branches: legislative, executive, and judicial |
| Legislative branch structure | Bicameral Congress with equal representation of each state in the Senate and representation based on population in the House of Representatives |
| Executive branch structure | President and subordinate officers |
| Judicial branch structure | Supreme Court and other federal courts |
| Amendments | 27 amendments since 1789, including the ten amendments of the United States Bill of Rights and the three Reconstruction Amendments |
| Judicial Act | Established six Supreme Court justices |
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What You'll Learn
The Constitution's establishment of a federal government
The Constitution of the United States is the foundation of the American Government and the rights of the American people. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution has been amended 27 times since it became operational in 1789. The first ten amendments, known as the Bill of Rights, offer protections of individual liberty and justice and restrict government powers within the U.S. states.
The Constitution establishes a federal government composed of three distinct branches: the legislative, executive, and judicial. The legislative branch consists of the bicameral Congress, with the Senate providing equal representation to each state and the House of Representatives providing representation based on population. The executive branch is made up of the President and subordinate officers, while the judicial branch consists of the Supreme Court and other federal courts.
The Constitution outlines the system of checks and balances between these branches, ensuring that no single branch becomes more powerful than the others. The legislative branch creates laws, the executive branch enforces them, and the judicial branch interprets them and resolves conflicts. The judicial power of the United States is vested in the federal courts, which have the authority to apply the law, punish, sentence, and direct future action.
The establishment of a federal government under the Constitution was a significant shift from the Articles of Confederation, which had been in force since 1781. The Articles established a confederacy of 13 sovereign and independent states, with each state retaining considerable power. The central government had limited power to regulate commerce, levy taxes, or set commercial policy. It also struggled to support war efforts and settle disputes between states effectively.
Nationalists like James Madison and George Washington recognized the need for a stronger central government to provide order and stability. The Constitution, with its three branches of government and system of checks and balances, aimed to address the weaknesses of the Articles of Confederation and establish a more robust and unified federal government.
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The Bill of Rights
The United States Constitution, drafted in 1787, was a remarkable blueprint for self-government. However, it was also deeply flawed. It did not include a bill of rights, and many Americans opposed the new government on these grounds. One of the three delegates who refused to sign the Constitution was George Mason, who wrote a pamphlet that persuaded many Americans to his point of view.
James Madison, who had initially opposed the Bill of Rights, introduced a list of amendments to the Constitution on June 8, 1789. He focused on rights-related amendments, ignoring suggestions that would have structurally changed the government. Madison's proposal included a provision to extend the protection of some of the Bill of Rights to the states, but this was eliminated by the Senate. The House passed a joint resolution containing 17 amendments, which the Senate changed to 12 amendments. These were approved by Congress on September 25, 1789, and sent to the states for ratification.
By December 15, 1791, three-fourths of the states had ratified 10 of the 12 amendments, now known as the "Bill of Rights". These first 10 amendments guarantee specific freedoms and rights, including some of the most basic freedoms and rights associated with the United States today. They spell out Americans' rights in relation to their government, guaranteeing civil rights and liberties to the individual.
The First Amendment provides several rights protections, including freedom of religion, speech, and the press, as well as the right to assemble and petition the government. It also protects the right to religious beliefs and practices and prevents the government from creating or favouring a religion. The Second Amendment is the right to keep and bear arms. The Third Amendment prohibits the housing of soldiers in private homes. The Fourth Amendment protects against unreasonable searches and seizures. The Fifth Amendment protects against self-incrimination, double jeopardy, and the seizure of property under eminent domain.
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The Articles of Confederation
The process of replacing the Articles of Confederation with the Constitution began in 1787, when representatives from the states met at the Constitutional Convention in Philadelphia to revise the Articles. They debated what should be included in the new Constitution, with large states arguing for proportional representation in Congress, while small states wanted equal representation. The delegates eventually agreed to a bicameral legislative branch, with equal representation for each state in the Senate and representation based on population in the House of Representatives. They also created executive and judicial branches to establish a system of checks and balances, ensuring that no single branch became too powerful.
The Constitution was ratified by the required number of states in 1788 and went into effect in 1789, superseding the Articles of Confederation as the supreme law of the land.
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The Judiciary Act of 1789
The United States Constitution, which came into force in 1789, is the foundation of the American government. It outlines the system of government and the rights of the American people. Article III of the Constitution establishes the Supreme Court but does not cover the development of the court system, leaving this to Congress to decide.
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The creation of a strong central government
The United States Constitution, which came into effect in 1789, has been pivotal in shaping America. It superseded the Articles of Confederation, which had been in place since 1781, and was deemed inadequate due to its weak central government. The new Constitution aimed to establish a strong central government with sufficient powers to regulate commerce, impose taxes, and effectively support war efforts.
The Constitution addressed these issues by creating a federal government with three distinct branches: the legislative, executive, and judicial. The legislative branch, consisting of the bicameral Congress, provided equal representation to each state in the Senate and representation based on population in the House of Representatives. This balanced representation addressed the concerns of both large and small states.
The executive branch, led by the President, was responsible for executing the laws and administering the government. The judicial branch, comprising the Supreme Court and other federal courts, was tasked with interpreting and applying the law, as well as resolving conflicts. This separation of powers ensured that no single branch held excessive power, creating a system of checks and balances.
The establishment of this strong central government provided the framework for a more unified and effective nation. It enabled the regulation of commerce, the imposition of taxes, and the enforcement of treaties. It also empowered the central government to effectively support war efforts, ensuring the nation's security. The creation of a strong central government through the Constitution was a significant step in shaping America's future and addressing the challenges faced under the Articles of Confederation.
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Frequently asked questions
The Constitution of 1789 is the supreme law of the United States of America. It lays out the system of government and the rights of the American people.
The Constitution established a federal government with more specific powers, including those related to conducting relations with foreign governments. It also created a system of checks and balances by dividing federal authority into three branches: the legislative, the executive, and the judicial.
The Constitution superseded the Articles of Confederation, which had established a weak central government with no enforcement powers. The Constitution gave more power to the central government, allowing it to regulate commerce, print money, and enforce laws.
The first ten amendments, known as the Bill of Rights, were ratified by three-fourths of the states by December 15, 1791. These amendments offer specific protections of individual liberty and justice and place restrictions on the powers of the government.
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