Isabella Carter
The United States Constitution is the oldest and longest-standing written and codified national constitution in the world. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The US Constitution is the supreme law of the United States and outlines the frame of the federal government. The original copy of the Constitution is kept at the National Archives Building in Washington, DC, and is displayed alongside the Declaration of Independence and the Bill of Rights. In the past, the document has been affected by humidity, which caused white spots to appear, but it has since been carefully preserved and protected.
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What You'll Learn
The Constitution's history and influences
The United States Constitution, the oldest written national constitution in use, is the fundamental law of the country's federal system of government. It defines the principal organs of government, their jurisdictions, and the basic rights of citizens. The U.S. Constitution was signed on September 17, 1787, in Philadelphia, and came into operation in 1789. Since then, it has been amended 27 times.
The U.S. Constitution was influenced by the study of the Magna Carta and other federations, both ancient and extant. The Due Process Clause, for example, was partly based on common law and on the Magna Carta (1215), which became a foundation of English liberty against arbitrary power. The idea of the separation of powers in the Constitution was inspired by 18th-century Enlightenment philosophers such as Montesquieu and John Locke. Other political philosophers frequently referred to during the framing and signing of the Constitution include Blackstone, Hume, Locke, and Montesquieu. The Scottish Enlightenment, according to historian Herbert W. Schneider, was a significant influence on the advancement of personal liberties in the American Enlightenment.
The U.S. Constitution was also shaped by the country's experience under the Articles of Confederation, which attempted to retain the independence and sovereignty of the states while assigning only nationally important functions to the central government. However, the Articles were deemed inadequate as they deprived the national government of essential powers, including direct taxation and the ability to regulate interstate commerce. The Constitution was meant to address these issues and create a stronger central government.
The drafting of the U.S. Constitution was a landmark event, as it established rule by popular consent with laws drafted by the people's representatives, moving away from the traditional rule of a sovereign in older nations. The Constitution was the result of months of debate and political compromise between convention delegates, who disagreed over states' rights, representation, and slavery.
The U.S. Constitution has had a significant global impact, influencing the legal thinking and constitutions of many emerging nations, particularly former European colonies seeking self-governance and federal and parliamentary models of government. Latin American countries, for instance, developed similar constitutions and federalist frameworks in the 19th and 20th centuries. Nationalists such as Jose Rizal of the Philippines and Sun Yat-sen of China also drew inspiration from the U.S. Constitution in their calls for political reform and the establishment of republican governments.
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The Constitution's contents
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 composed 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 states in relation to the federal government, and the shared process of constitutional amendment.
The first ten amendments are known as the Bill of Rights, offering specific protections of individual liberty and justice and placing restrictions on the powers of the government within the U.S. states. The majority of the 17 later amendments expand individual civil rights protections, while others address issues related to federal authority or modify government processes and procedures.
The drafting of the Constitution, often referred to as its framing, was completed at the Constitutional Convention in Philadelphia between May 25 and September 17, 1787. The convention was attended by delegates from 12 of the 13 original states, with Rhode Island refusing to send delegates. The initial mandate of the convention was limited to amending the Articles of Confederation, but delegates soon began considering measures to replace them entirely. The Constitution was ratified by the 13 states using the procedure established in Article VII.
The Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It has been interpreted, supplemented, and implemented by a large body of federal constitutional law and has influenced the constitutions of other nations.
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The Constitution's amendments
The US Constitution is the oldest and longest-standing written and codified national constitution in force worldwide. It superseded the Articles of Confederation, the country's first constitution, on March 4, 1789. The Constitution's seven articles outline the framework of the federal government, with the first three articles embodying the separation of powers. The federal government is divided 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).
The Constitution has been amended 27 times, beginning with the Bill of Rights, the first ten amendments, ratified on December 15, 1791. The process of amending the Constitution is outlined in Articles IV, V, and VI, which describe the rights and responsibilities of state governments, the states' relationship to the federal government, and the shared process of constitutional amendment.
One example of a constitutional amendment is the landmark Barron v. Baltimore case, which held that the Bill of Rights restricted only the federal government and not the states. Another is the Marbury v. Madison case, where the Supreme Court asserted its authority of judicial review over Acts of Congress, finding that Marbury and the others had a right to their commissions as judges in the District of Columbia.
More recently, in January 2020, attorneys general from three states filed a suit in the US District Court for the District of Columbia, seeking to require the Archivist of the United States to publish and certify an amendment as ratified. The case concerned the Equal Rights Amendment (ERA), which the states sought to ratify after a 1979 deadline set by Congress. The District Court dismissed the case, finding that the ratifications came too late, and the Court of Appeals affirmed the dismissal, stating that Congress had the authority to place a time limit on the proposing clause of the ERA.
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The Constitution's interpretation
The interpretation of the Constitution of the United States has evolved over time, with various amendments and judicial interpretations shaping its current form. As the supreme law of the land, it establishes the framework of the federal government and delineates the rights and responsibilities of the state and federal governments.
The Constitution is comprised of seven articles, with the first three embodying the principle of separation of powers. The legislative branch, consisting of the bicameral Congress (Article I), is responsible for making laws and consists of the Senate and the House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the states, with each state determining the qualifications of its electors. The legislative branch also has the power to regulate commerce, coin money, and declare war.
The executive branch, consisting of the President and subordinate officers (Article II), is responsible for executing the laws enacted by the legislative branch. The President is the commander-in-chief of the armed forces and has the power to appoint federal judges and ambassadors, as well as to make treaties with the advice and consent of the Senate.
The judicial branch, consisting of the Supreme Court and other federal courts (Article III), interprets the laws and ensures that they are consistent with the Constitution. The Supreme Court has the authority to declare laws unconstitutional and has played a significant role in shaping the interpretation of the Constitution over time.
Articles IV, V, and VI of the Constitution outline the concepts of federalism, describing the rights and responsibilities of state governments and the relationship between the states and the federal government. The amendment process is also outlined in these articles, providing a mechanism for changing and updating the Constitution over time.
The interpretation of the Constitution is a complex and evolving process, influenced by judicial precedent, political and social changes, and the ongoing dialogue between various branches of government. As such, the interpretation of the Constitution is not static but rather adapts to the needs and circumstances of the nation.
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The Constitution's preservation
The preservation of the US Constitution is a complex and challenging task, given its immense historical significance. The document itself is the oldest and longest-standing written and codified national constitution, superseding the Articles of Confederation in 1789. The Constitution outlines the framework of the federal government, with its first three articles embodying the separation of powers into three branches: the legislative, executive, and judicial.
Over time, the preservation efforts have evolved to address various challenges. Initially, the Declaration of Independence, a foundational document in the history of the United States, faced issues due to prolonged exposure to sunlight and the elements. For decades, it was displayed on the walls of government buildings, leading to significant fading. This experience highlighted the need for careful preservation methods and flexible approaches to document conservation.
The National Archives, where the Constitution and other important documents are housed, underwent a $100 million renovation that concluded in 2003. The renovation included a redesign of the displays to ensure that visitors of all ages and physical abilities could view the documents effectively. The preservation efforts also extend to the digital realm, with the Constitution Annotated providing an online comprehensive overview of the Constitution's interpretation over time, including discussions of the Supreme Court's latest opinions.
The preservation of the Constitution is not just about the physical document but also about upholding the principles and rights enshrined within it. The Supreme Court plays a crucial role in interpreting the Constitution, with landmark cases such as Barron v. Baltimore and Marbury v. Madison shaping the understanding of state legislation and the Court's authority over Acts of Congress, respectively. The Constitution's preservation is an ongoing process, adapting to modern challenges while ensuring the document's longevity for future generations.
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Frequently asked questions
The original copy of the US Constitution is kept at the National Archives Building in Washington, DC, alongside the Declaration of Independence and the Bill of Rights. The room that displays these three documents is called the Rotunda for the Charters of Freedom. The National Archives Museum is open to the public, and anyone can purchase a ticket to see these documents.
The US Constitution 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 delineates the frame of the federal government, which is divided into three branches: the legislative, the executive, and the judicial.
The white spots on the US Constitution were a result of humidity interacting with the glass around the document. This process, known as glass disease, is irreversible. The humidity was likely the result of the backing paper absorbing water on humid days while the Constitution was first being encased.
