Simone Lawson
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. However, it is difficult to understand without a thorough knowledge of its unwritten counterpart. The written Constitution is considered the fundamental law within the states, but it does not enumerate all the rules, rights, principles, and procedures that govern modern America. The unwritten Constitution includes precedents set by early presidents and Congresses, common practices of modern American citizens, and venerable judicial decisions.
| Characteristics | Values |
|---|---|
| Type of Constitution | Written and Unwritten |
| Formal Document | Yes |
| Mentioned Concepts | Separation of Powers, Rule of Law, Federalism |
| Amendment Process | Two Steps |
| Amendment Proposal | By Congress or National Convention |
| Amendment Ratification | Requires three-fourths of states' approval |
| Amendment History | Half of amendments ratified by 1804; last amendment ratified in 1992 |
| Amendment Challenges | Amendment process broken; workaround through unwritten constitution |
| Constitutional Interpretation | Precedents set by early presidents and Congresses, modern practices, judicial decisions, and sources of inspiration |
| Constitutional Law | Adaptable to societal change |
| Supreme Court | Plays a central role in the amendment process; elected for life |
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What You'll Learn
The US Constitution is a formal written document
The United States Constitution is a formal written document. It is the oldest and longest-standing national constitution in the world. The US Constitution comprises seven articles that outline the framework of the federal government, including the legislative, executive, and judicial branches. The legislative branch is comprised of the bicameral Congress, consisting of the Senate and the House of Representatives. The executive branch includes the President and their subordinate officers, while the judicial branch is made up of the Supreme Court and other federal courts.
The US Constitution also establishes the rights and responsibilities of state governments and their relationship with the federal government. It outlines the process for constitutional amendments, which involves two steps: proposal and ratification. The proposal can be adopted by Congress with a two-thirds majority in both chambers or through a national convention called by two-thirds of state legislatures. Ratification requires the approval of three-fourths of the states, achieved through the consent of state legislatures or state ratifying conventions.
While the US Constitution is a written document, it is important to note that there are aspects of US constitutional law that are unwritten. These include precedents set by early presidents and Congresses, common practices of citizens, and influential texts such as the Federalist Papers and Martin Luther King Jr.'s "I Have a Dream" speech. These extra-textual sources provide context and guidance for interpreting the written Constitution.
The written US Constitution serves as the fundamental law of the land, providing a framework for governance and outlining the powers and responsibilities of the different branches of government. It is a rigid constitution, meaning that specific procedures are required to modify its rules, and it is considered normative, as its binding principles are generally observed in the country's political system.
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The US Constitution has unwritten aspects
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. However, it is difficult, if not impossible, to understand without a thorough knowledge of its unwritten aspects.
The US Constitution's unwritten aspects include precedents set by early presidents and Congresses, common practices of modern American citizens, and venerable judicial decisions. For example, the nation's first president, George Washington, declined to run for a third term, setting an unwritten rule of the presidency until it was broken by Franklin D. Roosevelt, who was elected to a third term in 1940 and a fourth term in 1944. Another example is the rule that if someone has ever been elected or appointed to anything, they are to be addressed by that title going forward, even after death.
The unwritten aspects of the US Constitution also include particularly privileged sources of inspiration and guidance, such as the Federalist Papers, William Blackstone's Commentaries on the Laws of England, the Northwest Ordinance of 1787, Lincoln's Gettysburg Address, and Martin Luther King, Jr.'s "I Have a Dream" speech. These extra-textual aids support and enrich the written document without supplanting it.
The complementary relationship between the written and unwritten components of the US Constitution is one of America's greatest and most enduring strengths. It allows for adaptability to societal change, which is a benefit of having an unwritten constitution or a partially unwritten one. However, it can also be a workaround to avoid the amendment process as stipulated in the written Constitution, which has been broken for decades.
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The US Constitution is the oldest and longest-standing written and codified national constitution
The United States Constitution is a written constitution, unlike the UK, which does not have a formal document. It is the oldest and longest-serving written and codified national constitution in force worldwide. The US Constitution was adopted in 1787, and its seven articles outline the framework of the federal government.
The first three articles embody the separation of powers, dividing the federal government into the legislative, executive, and judicial branches. The legislative branch consists of a bicameral Congress, with a Senate and House of Representatives. The executive branch includes the President and their officers, and the judicial branch is made up of the Supreme Court and other federal courts.
Articles IV, V, and VI outline the concepts of federalism, detailing the rights and responsibilities of state governments and their relationship with the federal government. The Constitution also establishes the procedure for constitutional amendments. While it is a written document, the US Constitution has unwritten aspects, including precedents set by early presidents and Congresses, common practices of citizens, and judicial decisions.
The US Constitution is considered a "normative" constitution, as its binding principles are observed in the country's political system. It is also a "rigid" constitution, as it stipulates that certain parts cannot be modified using the same procedures as enacting ordinary laws. The amendment process involves two steps: proposal and ratification. Proposals must be adopted by a two-thirds majority in Congress or a national convention and then ratified by three-fourths of the states.
The US Constitution, with its written and unwritten components, has endured as a foundational document, shaping the nation's political culture and legal system.
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The US Constitution can be amended
The US Constitution is a written document, and it is also a flexible one, able to be amended and changed over time. This feature of amendability is a key strength of the US Constitution and has allowed the nation's foundational document to endure and remain relevant for over two centuries.
The process of amending the Constitution is outlined in Article Five, which provides two methods for proposing amendments, and two methods for ratifying them. Amendments may be proposed by a two-thirds vote of both houses of Congress, or by a constitutional convention called for by two-thirds of the state legislatures. Ratification, which is necessary for an amendment to become part of the Constitution, may be accomplished by the legislatures of three-fourths of the states, or by ratifying conventions in three-fourths of the states, depending on which method of proposal was used.
This process has been used numerous times throughout US history to make significant changes to the Constitution. The most famous example is the Bill of Rights, the first ten amendments to the Constitution, which were ratified in 1791. These amendments protect various individual liberties, such as freedom of speech, religion, and the right to bear arms. Other notable amendments include the Thirteenth, Fourteenth, and Fifteenth Amendments, passed after the Civil War to abolish slavery, grant citizenship and due process to former slaves, and guarantee the right to vote regardless of race, respectively.
The ability to amend the Constitution has allowed the US to adapt to changing social, political, and economic circumstances. For example, the Twenty-first Amendment, which repealed the Eighteenth Amendment and ended Prohibition, reflected a shift in public opinion and the practical difficulties of enforcing a nationwide ban on alcohol. More recently, there have been calls to amend the Constitution to address issues such as campaign finance reform and the balance of powers between the federal government and the states, demonstrating the continued relevance and flexibility of this founding document.
The amendability of the US Constitution is a key feature of its design, allowing it to evolve and remain a living document that reflects the needs and values of the American people. While the process of amendment is deliberately challenging, requiring broad consensus across a diverse nation, it ensures that the Constitution can be adapted to meet the challenges of a changing world while maintaining a foundation of core principles and rights. This balance between stability and flexibility is a key strength of the US constitutional system.
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The US Constitution is considered 'normative'
The US Constitution is considered a written constitution, and it is the oldest and longest-standing one in force in the world. It is a formal document with seven articles that outline the basic framework of the federal government. The first three articles embody the doctrine of the separation of powers, dividing the federal government into the legislative, executive, and judicial branches.
However, the US Constitution also has important unwritten aspects. For example, it does not mention the system of political parties or the judicial review of legislative and executive actions. The full meaning of the Constitution is derived from both its written and unwritten components, which work together to form a complementary relationship. This relationship is considered one of America's greatest and most enduring strengths.
The unwritten Constitution includes precedents set by early presidents and Congresses, common practices of modern American citizens, and venerable judicial decisions. For instance, George Washington's precedent of declining to run for a third term as president remained an unwritten rule until Franklin D. Roosevelt broke it in 1940.
The US Constitution is considered normative, as its binding principles are observed in the actual operations of the political system. Normative constitutions are common in democratic countries such as the United States, Australia, Canada, Japan, and Western Europe. In contrast, nominal constitutions are prevalent in countries ruled by a single party or military junta and are largely disregarded in practice.
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Frequently asked questions
The US Constitution exists as a written document, unlike the UK which has no formal document. However, there are important aspects of the US Constitution that are unwritten.
Some unwritten aspects of the US Constitution include the precedents set by early presidents and Congresses, common practices of modern American citizens, and venerable judicial decisions. For example, the rule that former presidents are entitled to a retinue, foot guards, and various other benefits.
The written US Constitution does not enumerate all the rules, rights, principles, and procedures that govern modern America. For instance, the text does not mention the separation of powers and the rule of law.
The interpretation of the unwritten aspects of the US Constitution depends on various factors, such as the precedents set by early presidents and Congresses, common practices of modern American citizens, and judicial decisions. These extra-textual aids support and enrich the written document without replacing it.
