Omar Bennett
The US Constitution has had a profound influence on the world, but it is not the only constitution globally. The US Constitution is the oldest and longest-standing written and codified national constitution in force. It has served as a model for other constitutions, especially in the 19th and 20th centuries, with its principles of the rule of law and recognition of individual rights. However, its influence may be waning, as a 2012 study suggests that the manner in which constitutions are written is increasingly moving away from the US model. Additionally, the US Constitution guarantees relatively few rights compared to other constitutions and has been criticised as difficult to amend.
| Characteristics | Values |
|---|---|
| Oldest written constitution in the world | Written and signed on September 17, 1787 |
| Longest-standing national constitution in force in the world | Has lasted over two centuries |
| Influence | Has profoundly influenced legal thinking and adaptation in emerging nations |
| Written by | 55 men |
| Length | Less than 6,000 words |
| Rights | Relatively few rights guaranteed compared to other constitutions |
| Amendments | Most difficult constitution in the world to amend |
| Judicial review | No other country makes as much use of judicial review as the US |
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What You'll Learn
The US Constitution's global influence
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. Its global influence has been profound, impacting the history of ideas and legal thinking since 17 September 1787, when it was signed in Philadelphia.
The US Constitution has influenced later constitutions and legal thinking internationally. This influence can be seen in similarities of phrasing and entire passages from the US Constitution borrowed by other constitutions, as well as in the principles of the rule of law, separation of powers, and recognition of individual rights. The US Constitution's concepts of governance have influenced other nations, including the ideals of limiting the rulers of a state and popular sovereignty.
The US Constitution's impact can be seen in the following examples:
- Abraham Lincoln during the American Civil War
- Benito Juarez of Mexico, who implemented practices like judicial review when introducing more liberal policies into the Mexican constitution
- Jose Rizal of the Philippines, who drew inspiration from the US Constitution in his calls for political reform and equality among Filipinos
- Sun Yat-sen of China, who was influenced by the US Constitution in forming a provisional Republican government in the early 20th century
- The framers of the Australian constitution
- The 1949 Basic Law of the Federal Republic of Germany
- Japan's 1947 constitution
- Cuba's 1901 constitution
- The 1904 constitution of Panama, which gave the US authority to intervene to establish "constitutional order"
However, the influence of the US Constitution has been waning since the 1980s as other countries have created new constitutions or updated older ones. Sanford Levinson and Levitsky and Ziblatt argue that the US Constitution is the most difficult in the world to amend, which has contributed to democratic backsliding in the United States. Democratizing countries often chose more centralized British or French models of government, particularly the British Westminster system. A 2012 study by David Law of Washington University in St. Louis found that "rather than leading the way for global constitutionalism, the U.S. Constitution appears instead to be losing its appeal as a model for constitutional drafters elsewhere".
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The US Constitution is a 'living' document
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It is the foundation of the US Federal Government and is often called the supreme law of the land. No law may be passed that contradicts its principles. However, it is flexible and allows for changes in the government.
The US Constitution is considered a "living" document because it can be amended to adapt to new circumstances. The amendment process has made the Constitution a living document that can be changed with enough support from the people and ratification by the states. The US Constitution has been amended several times, with the most important amendments being added almost a century and a half ago, in the wake of the Civil War. Since then, many of the amendments have dealt with relatively minor matters.
The US Constitution has had a profound influence on the history of ideas and legal thinking globally. It introduced novel governmental doctrines and practices such as checks and balances, separation of powers, and defining said powers. The US Constitution has served as a model for other countries' constitutions, particularly in Latin America, and has inspired calls for political reform in countries like the Philippines and China.
However, the US Constitution has also been criticised for guaranteeing relatively few rights compared to other countries' constitutions. It has been argued that it is the most difficult constitution in the world to amend, which has allowed for significant democratic backsliding in the United States.
Despite its criticisms and the waning of its influence, the US Constitution remains a living document that continues to shape and define the country as it grows and changes.
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The US Constitution's separation of powers
The US Constitution is the oldest and longest-standing written and codified national constitution in the world. It has had a profound influence on the history of ideas and legal thinking worldwide. The US Constitution's separation of powers is a well-known concept derived from its text and structure.
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, consisting of the bicameral Congress (Article I), makes the law. The executive branch, consisting of the President, Commander-in-Chief of the Army and Navy, and subordinate officers (Article II), enforces the law. The judicial branch, consisting of the Supreme Court and other federal courts (Article III), interprets the law.
The Framers structured the government in this way to prevent any single branch from becoming too powerful and to create a system of checks and balances. The separation of powers allows for a healthy tension among the branches, stabilising the democracy. The Supreme Court has vacillated between a formalistic approach, emphasising the maintenance of distinct branches, and a functional approach, permitting flexibility and focusing on core functions and relationships.
While the US Constitution has influenced many countries, especially in the 19th and 20th centuries, its appeal as a model for new constitutions may be waning. Some critics argue that it guarantees relatively few rights compared to other constitutions and is difficult to amend. However, its impact on global legal thinking and adaptation in emerging nations remains significant.
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The US Constitution's ratification process
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It has had a profound influence on the history of ideas and legal thinking worldwide, with its impact remaining strong since its signing on September 17, 1787. The US Constitution has served as a model for other nations transitioning to constitutional democracies, particularly in the post-World War II era, and has inspired movements for independence and political reform.
The drafting of the US Constitution began on May 25, 1787, when the Constitutional Convention first met in Philadelphia, Pennsylvania. The process involved months of debate between convention delegates, resulting in a final draft that introduced novel concepts such as checks and balances, separation of powers, and defining said powers. The delegates signed the final version on September 17, 1787, marking the beginning of the ratification process.
The ratification process for the US Constitution involved sending the proposed constitution to the thirteen states for ratification by the people in state conventions, as prescribed in Article Seven. The delegates decided that nine states would need to ratify the Constitution for it to be implemented, as nine states were required in the Confederation Congress for important matters. The process began with Delaware, which became the first state to ratify the Constitution, followed by Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, and others.
The ratification process faced opposition from Anti-Federalists, who proposed sending the Constitution to the states with amendments, including a bill of rights. They argued that the process violated the amendment procedure provided by the Articles of Confederation. Despite this opposition, the Constitution gained its ninth ratification from New Hampshire, and a committee was formed to plan for putting the new Constitution into operation. On March 4, 1789, the US Constitution superseded the Articles of Confederation, becoming the nation's new constitution. The final state, Rhode Island, ratified it on May 29, 1790, concluding the ratification process.
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The US Constitution's unique idea of rights
The US Constitution is the oldest and longest-standing written and codified national constitution in the world. It has had a profound influence on the history of ideas and legal thinking, with its impact remaining strong since 1787. The US Constitution has inspired many countries, especially in Latin America, to adopt similar constitutions and a federalist framework of government.
The US Constitution is based on the idea that all people have certain fundamental rights that governments are created to protect. These rights include common law rights, which come from British sources like the Magna Carta, or natural rights, which the Founding Fathers believed came from God. They considered natural rights to be inherent in all people by virtue of their humanity and inalienable, meaning they cannot be surrendered to the government under any circumstances.
The US Constitution's 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). This separation of powers is a novel governmental doctrine introduced by the US Constitution.
The US Constitution also establishes the concept of federalism, describing the rights and responsibilities of state governments, the states' relationship with the federal government, and the shared process of constitutional amendment. The Constitution's amendment process allows it to be a living document that can be changed with enough support from the people and ratification by the states.
While the US Constitution has influenced many countries, it guarantees relatively few rights compared to other constitutions. It contains less than half (26 out of 60) of the provisions listed in the average bill of rights. The US Constitution is also one of the few in the world that still features the right to keep and bear arms, along with the constitutions of Guatemala and Mexico.
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Frequently asked questions
Yes, the US Constitution is the oldest and longest-standing written and codified national constitution in force in the world.
The US Constitution has had a profound influence on the history of ideas and legal thinking worldwide. It has served as a model for freedom-loving people and inspired movements for independence and constitutional democracy. Many countries that were once part of the British Empire, for example, adopted elements of the US Constitution, such as Australia, which also preserved the Westminster parliamentary traditions and the British monarchy.
The US Constitution guarantees relatively few rights compared to other constitutions, containing less than half (26 out of 60) of the provisions listed in the average bill of rights. It is also one of the few constitutions in the world that still features the right to keep and bear arms, along with Guatemala and Mexico. It has also been described as the most difficult constitution in the world to amend.
The US Constitution introduced novel governmental doctrines and practices such as checks and balances, separation of powers, and defining said powers. It also established a federal system with a senate representing the states and a presidential form of government.
