Omar Bennett
The Constitution of the United States of America is the supreme law of the United States, written and signed in Philadelphia in 1787. It superseded the Articles of Confederation, the first constitution, on March 4, 1789, and was ratified by nine states. The Constitution was written by 55 delegates to the Constitutional Convention, which was conducted under an oath of secrecy, and it embodies the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial. The writers of the Constitution were concerned with limiting the power of the government and securing the liberty of citizens, and it continues to be the fundamental law of the U.S. federal system of government.
| Characteristics | Values |
|---|---|
| Date written | 1787 |
| Date signed | 1787 |
| Location written | Philadelphia, Pennsylvania |
| Location signed | Independence Hall, Philadelphia |
| Number of writers | 55 delegates |
| Purpose | To form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty |
| Type of document | Charter of government |
| Superseded | The Articles of Confederation |
| Ratification | Ratified by the states |
| Amendments | 10 were ratified by the states, certified on 15 December 1791 |
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What You'll Learn
The Constitution as a framework for the US government
The Constitution of the United States is the supreme law of the United States of America. It was written and signed in 1787 in Philadelphia, Pennsylvania, by 55 delegates to a convention that was ostensibly called to amend the Articles of Confederation, the country's first constitution. The Constitution superseded the Articles of Confederation on March 4, 1789, and continues to be the supreme law of the land.
The Constitution is a framework for the US government, delineating the frame of the federal government. The first three of its seven 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).
The writers of the Constitution intended for Congress to be part of a system of checks and balances, with the power of each branch of government checked by the others. The explicit guarantees of individual liberty were designed to strike a balance between authority and liberty—the central purpose of American constitutional law. The Constitution also embodies concepts of federalism, describing the rights and responsibilities of state governments, the states in relation to the federal government, and the shared processes between the states.
The Constitution was the product of political compromise after long and often rancorous debates over issues such as states' rights, representation, and slavery. The delegates from small and large states disagreed over whether the number of representatives in the new federal legislature should be the same for each state or different depending on a state's population. The ratification of the Constitution was also a contentious issue, with some states only agreeing to ratify it on the promise of a Bill of Rights.
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The Philadelphia Convention
The delegates to the Philadelphia Convention, including James Madison of Virginia and Alexander Hamilton of New York, sought to create a new system of government with a stronger central government and more specific powers, including those related to conducting relations with foreign governments. They debated and ratified the Constitution of the United States, making the convention one of the most significant events in American history.
The convention was originally intended to revise the Articles of Confederation, but once the convention began, most delegates agreed that a new system of government was needed. The convention debated several broad outlines, including Madison's Virginia Plan and William Paterson's New Jersey Plan. The Virginia Plan, which provided for a bicameral legislature with representation based on population or wealth, was selected as the basis for the new government.
The delegates to the Philadelphia Convention created a model of government that divided federal authority between the legislative, judicial, and executive branches, with a system of checks and balances to ensure that no one branch became too powerful. They also elected George Washington, a proponent of a stronger national government, to serve as President of the convention. The convention took place in the Pennsylvania State House, later renamed Independence Hall, in Philadelphia.
The Constitution that emerged from the Philadelphia Convention established a federal government with three branches: the legislative, consisting of a bicameral Congress; the executive, consisting of the President and subordinate officers; and the judicial, consisting of the Supreme Court and other federal courts. The Constitution came into effect in 1789 and has served as the basis of the United States Government ever since.
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The role of Congress
The United States Constitution outlines the framework of the federal government, which consists of three branches: the legislative, the executive, and the judicial. The legislative branch, or Congress, is made up of the House of Representatives and the Senate.
The House of Representatives and the Senate are the two chambers of Congress, each with distinct roles and responsibilities. The House of Representatives, as the name suggests, is responsible for representing citizens based on district populations. Representatives are elected to serve a two-year term, during which they introduce and vote on bills, propose amendments, and serve on committees. They also have the power to initiate impeachment proceedings against the President.
The Senate, on the other hand, represents citizens on an equal state basis, with each state having two senators serving six-year terms. The Senate has the crucial advice-and-consent role, where they provide advice and consent to presidential nominations, particularly for the executive and judicial branches. This power gives the Senate significant influence over the composition of these branches. Additionally, the Senate plays a key role in ratifying treaties, which requires a two-thirds majority vote.
Congress, as a whole, is responsible for creating and debating laws that govern the United States. It has the authority to override presidential vetoes, demonstrating its power in the nation's governance. Congress also has investigative powers, which it uses to oversee the federal government, prevent misuse of funds, and hold the executive branch accountable. The legislative branch's relationship with the judicial branch, particularly the Supreme Court, is also important. While the Supreme Court interprets the laws and rules on their constitutionality, Congress can change the court's size, structure, and jurisdiction.
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The separation of powers
The Constitution of the United States is the supreme law of the United States of America. The first three of its seven articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
The legislative branch consists of the bicameral Congress (Article I). The Executive branch consists of the President and subordinate officers (Article II). The Judicial branch consists of the Supreme Court and other federal courts (Article III).
The doctrine of separation of powers was based on several principles. Firstly, the separation of government into three branches: legislative, executive, and judicial. Secondly, the concept that each branch performs unique and identifiable functions that are appropriate to each branch. Thirdly, the prohibition against any person or group serving in more than one branch simultaneously.
The Framers' experience with the British monarchy informed their belief that concentrating distinct governmental powers in a single entity would subject the nation’s people to arbitrary and oppressive government action. Thus, to preserve individual liberty, the Framers sought to ensure that a separate and independent branch of the Federal Government would exercise each of the government’s three basic functions.
The system of checks and balances is also an important part of the separation of powers. The Framers incorporated various checks that each branch could exercise against the actions of the other two branches to resist encroachments. For example, the Constitution allows the President to veto legislation, but requires the President to gain the Senate’s consent to appoint executive officers and judges or enter into treaties. The impeachment power gives Congress the authority to root out corruption and abuse of power in the other two branches.
In the 18th century, some U.S. states did not observe a strict separation of powers. In New Jersey, the governor also functioned as a member of the state's highest court and as the presiding officer of one house of the New Jersey Legislature. However, many southern states explicitly required separation of powers. Maryland, Virginia, North Carolina, and Georgia all kept the branches of government "separate and distinct".
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The ratification process
The U.S. Constitution was ratified on June 21, 1788, and became the official framework for the government of the United States of America. The ratification process, however, was a long and contentious one.
The Continental Congress and the Constitutional Convention authored the Constitution as the framework for the United States government. The delegates to the Constitutional Convention of 1787 met in Philadelphia in May 1787, and a widespread campaign took place to convince the people that the Articles of Confederation needed to be revised to maintain the Union. The delegates wanted a strong central government to provide order and stability.
The Constitutional Convention drafted the Constitution, which was signed by 39 of the 55 delegates on September 17, 1787. It was then sent to the states for debate and ratification votes. The delegates had decided that nine of the 13 states were required to ratify the Constitution for it to be accepted as the nation's founding document. Delaware was the first state to approve it on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, and South Carolina. On June 21, 1788, New Hampshire cast the ninth vote in favour of ratification. All 13 states eventually ratified the Constitution by May 29, 1790.
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Frequently asked questions
The Constitution was written in 1787 in Philadelphia, Pennsylvania, by 55 delegates to a Constitutional Convention.
The Constitution is the supreme law of the United States of America. It defines the principal organs of government and their jurisdictions, and the basic rights of citizens.
The Constitution has played an important role in American history and the spread of democratic ideals around the world. It was created to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to Americans and their posterity. It was also designed to limit the power of government and secure the liberty of citizens.
