Eleanor Finch
The United States Constitution is a vital document that acts as a blueprint for the American government, outlining the powers and limits of its three branches. It was created in 1787, 11 years after the Declaration of Independence, and has since been ratified by states, with the addition of the Bill of Rights to ensure freedoms. The Constitution's history, including the convention and its ratification, is an important topic in history classes and citizenship tests, and it remains a significant part of American life and identity. So, how well do you know the Constitution?
| Characteristics | Values |
|---|---|
| How deputies to the Constitutional Convention were chosen | Appointed by the legislatures of the different states |
| Whether there were any restrictions on the number of deputies a state could send | No |
| Which state did not send deputies to the convention | Rhode Island and Providence Plantations |
| When the phrase "The United States of America" was first used | In the Declaration of Independence |
| When the Constitution became binding | June 21, 1788, upon ratification by the ninth state, New Hampshire |
| The primary purpose of the Constitution | Describes the powers of the three branches of government and their limits |
| The first three freedoms guaranteed under the First Amendment | Free speech, assembly, and religion |
| The second amendment was meant to | Guarantee citizens could be armed sufficiently to oppose a tyrannical government |
| The Federalist Papers were a series of essays | Written in support of the Constitution |
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What You'll Learn
The ratification process
The Federalists, who favoured ratification, faced opposition from the Anti-Federalists, who objected to the absence of a bill of rights. Despite these objections, the Constitution was ratified by nine states, with New Hampshire being the ninth state on June 21, 1788. Notice of this ratification was received by Congress on July 2, 1788. Congress then adopted a resolution declaring the procedures for electing the President and appointing electors in the ratifying states.
The Anti-Federalists' concerns were not entirely dismissed, as shortly after ratification, the Founding generation added the Bill of Rights, consisting of the Constitution's first ten amendments. These amendments guaranteed fundamental liberties, including freedom of religion, freedom of speech, the right to keep and bear arms, and the right to a jury trial. This was achieved through the efforts of Thomas Jefferson, who insisted on the inclusion of the Bill of Rights, and James Madison, who successfully shepherded 17 amendments through Congress, 12 of which were ratified by three-fourths of the states by December 15, 1791.
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The Declaration of Independence
The first known use of the term "The United States of America" was in the Declaration of Independence. The terms "United Colonies", "United Colonies of America", and "United Colonies of North America" were also used in 1775 and 1776. The Declaration of Independence is one of the most circulated, reprinted, and influential documents in history, and it has become a symbol of American democracy.
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The Bill of Rights
James Madison, then a member of the U.S. House of Representatives, proposed amendments to the Constitution. Several representatives objected, saying that Congress had no authority to change the wording of the Constitution. Madison's amendments were presented as a list of 17 amendments, of which the House approved 17, and the Senate approved 12, which were sent to the states for approval in August 1789.
Ten of the proposed 12 amendments were ratified by three-fourths of the state legislatures on December 15, 1791. The ratified Articles (Articles 3–12) constitute the first 10 amendments of the Constitution, or the U.S. Bill of Rights. The first two amendments, proposed in 1789, were not ratified until much later. Article 2 was ratified 203 years later as the 27th Amendment, and Article 1 was never ratified.
The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, to assemble, and other natural and legal rights. It also includes explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people.
The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), the Northwest Ordinance (1787), the English Bill of Rights (1689), and the Magna Carta (1215).
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The Federalist Papers
The amount of weight given to The Federalist Papers in constitutional interpretation has been controversial. In 1819, Chief Justice John Marshall noted that "the opinions expressed by the authors of that work have been justly supposed to be entitled to great respect in expounding the Constitution". However, James Madison later stated that "the legitimate meaning of the Instrument must be derived from the text itself".
In Federalist No. 78, Alexander Hamilton explained the need for an independent judiciary, noting that federal courts were designed to be an "intermediate body between the people and their legislature" to ensure that representatives acted within the authority granted by Congress under the Constitution.
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The three branches of government
The United States government is made up of three branches: the executive, the legislative, and the judicial. This separation of powers, as outlined in the US Constitution, is designed to ensure that no one branch has too much power and to provide a system of checks and balances. Each branch has its own distinct roles and responsibilities, which work together to ensure the effective functioning of the government.
The executive branch is headed by the President, who is responsible for enforcing the laws of the nation. The President is the Commander-in-Chief of the armed forces and has the power to appoint federal judges, ambassadors, and other officers, with the Senate's approval. The President also has the power to grant pardons for federal crimes and can negotiate and sign treaties with foreign governments. The day-to-day administration of the government is also overseen by the executive branch, which includes various departments and agencies.
The legislative branch is responsible for making laws and is made up of the two houses of Congress: the Senate and the House of Representatives. Senators serve six-year terms and represent their entire state, while members of the House serve two-year terms and represent a specific district within their state. This branch has the power to introduce and pass laws, as well as the ability to amend or reject laws proposed by the executive branch. It also has the authority to declare war, regulate interstate commerce, and approve treaties.
The judicial branch interprets the laws and is comprised of the federal court system, with the Supreme Court at its apex. This branch ensures that laws are applied fairly and consistently and adhere to the Constitution. Federal courts hear cases involving disputes over federal laws and the Constitution, as well as those between states or involving foreign nations. The Supreme Court has the final say in interpreting the law and can overturn lower court rulings.
These three branches work in tandem to ensure effective governance, each with its distinct role, providing checks and balances to prevent power abuses and protect the rights and freedoms enshrined in the Constitution.
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Frequently asked questions
By Congress.
To propose an amendment, it is necessary to have the agreement of two-thirds of both houses of Congress.
The 13th Amendment has a controversial clause, and it is said to contain a loophole that could allow a dictatorship to flourish.
Gouverneur Morris I wrote the Preamble and is responsible for much of the document's wording.
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