Malcolm Rivera
The US Constitution is the oldest and shortest written national constitution. It was written in 1787 in the same building where the Declaration of Independence was signed, and was signed itself on September 17, 1787. It was then ratified by the necessary nine states in 1788. The US Constitution is a living document that lays out the framework for the organisation of the United States government and its relationship with the states, citizens, and all people within the United States. Despite its creation over 200 years ago, it still plays an integral role in our everyday lives.
| Characteristics | Values |
|---|---|
| Number of pages | 4 |
| Number of articles | 7 |
| Other components | A preamble and a closing endorsement |
| Signers | 39 |
| Powers granted to federal courts | Criminal contempt and civil contempt |
| Powers implied but not granted to federal courts | Injunctive relief and the habeas corpus remedy |
| Powers granted to the Supreme Court | Interpreting the Commerce Clause and the Necessary and Proper Clause in Article One |
| Powers granted to Congress | The power to enact legislation that is neither expressly allowed nor expressly denied in the limitations |
| Protection | Against unreasonable searches and seizures of either self or property by government officials |
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What You'll Learn
The Fourth Amendment
The amendment addresses the dangers presented by general warrants, which allow officers to search suspected places without evidence of a committed crime or to seize persons not named or whose offense is not described and supported by evidence. The Virginia Declaration of Rights (1776) and the Massachusetts Declaration of Rights (1780) both served as precedents for the Fourth Amendment by prohibiting the use of general warrants and requiring that all searches be "reasonable".
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The Supreme Court
The US Constitution grants federal courts criminal and civil contempt powers to enforce judicial decisions. Federal courts also have implied powers, such as injunctive relief and the habeas corpus remedy. These powers allow federal courts to imprison individuals for contumacy, bad-faith litigation, or failure to obey a writ of mandamus. Judicial power includes that granted by Acts of Congress for rules of law and punishment and extends to areas not covered by statute. However, federal courts generally cannot interrupt state court proceedings.
Clause 1 of Section 2 restricts federal courts to hearing only actual cases and controversies. Their jurisdiction does not encompass hypothetical cases or those with standing, mootness, or ripeness issues. A case or controversy typically requires adverse parties with a genuine stake in the outcome.
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Federal courts' powers
The US Constitution grants federal courts criminal contempt and civil contempt powers to enforce judicial decisions. Federal courts also have implied powers, including injunctive relief and the habeas corpus remedy. The Court may imprison for contumacy, bad-faith litigation, and failure to obey a writ of mandamus. Judicial power includes that granted by Acts of Congress for rules of law and punishment. It also extends to areas not covered by statute.
Federal courts cannot interrupt state court proceedings. Clause 1 of Section 2 authorizes federal courts to hear actual cases and controversies only. Their judicial power does not extend to hypothetical cases or those proscribed due to standing, mootness, or ripeness issues. Generally, a case or controversy requires the presence of adverse parties who have a genuine stake in the case.
Article III of the US Constitution created the Supreme Court and authorized Congress to establish a system of lower courts. There are 13 appellate courts that sit below the US Supreme Court, and 94 district or trial courts that resolve disputes by determining the facts and applying the law to those facts. The jurisdiction of the inferior federal courts is subject to congressional prescription. Congress has the power to regulate the modes and practices of proceeding on the part of the inferior federal courts.
The Supreme Court has sometimes broadly interpreted the Commerce Clause and the Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly allowed nor denied in the limitations on Congress.
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The Constitution's ratification
The US Constitution was ratified on June 21, 1788, when New Hampshire became the ninth of 13 states to approve it. The journey to ratification was long and arduous. The Articles of Confederation, which served as the country's first constitution, guided the government of the United States following the American Revolution. It established a "league of friendship" between the 13 independent states, allowing them to act more like independent, sovereign countries.
However, it became clear to America's leaders that future stability required a stronger, more centralized government. New York's Alexander Hamilton led the call for a constitutional convention to reevaluate the nation's governing document. Representatives from all 13 states were invited to convene in Philadelphia on May 25, 1787, to participate in the Convention. The initial purpose of the Convention was to amend the Articles of Confederation, but the outcome was the proposal and creation of a new form of government.
The Convention concluded on September 17, 1787, with the signing of the new US Constitution by 38 out of 41 delegates present. Under Article VII, the document would not be binding until ratified by nine of the 13 existing states. Hamilton and James Madison led the lobbying efforts for votes in favour of ratification. They produced 85 essays, known as "The Federalist Papers", which explained and defended how the proposed new government would function. These essays were published in newspapers nationwide.
Delaware was the first state to ratify the Constitution on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. On June 21, 1788, New Hampshire cast the ninth vote in favour of ratification, making the Constitution the official framework of the US government. All 13 states eventually ratified the Constitution by May 29, 1790, when Rhode Island approved the document.
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The final draft
Several delegates were disappointed with the final result, with some leaving before the ceremony and three refusing to sign. Of the thirty-nine signers, Benjamin Franklin summed up his thoughts by addressing the convention: "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them." He accepted the Constitution, adding, "because I expect no better and because I am not sure that it is not the best".
The US Constitution grants federal courts criminal contempt and civil contempt powers to enforce judicial decisions. Federal courts are authorized to hear actual cases and controversies only, and their judicial power does not extend to hypothetical cases or those proscribed due to standing, mootness, or ripeness issues. The Constitution also outlines the powers of the Supreme Court, which has interpreted the Commerce Clause and the Necessary and Proper Clause in Article One broadly. This interpretation allows Congress to enact legislation not expressly allowed or denied in the limitations outlined.
The Fourth Amendment (1791) is a critical component of the US Constitution, safeguarding individuals against unreasonable searches and seizures of their persons or property by government officials. This amendment imposes limitations on police investigations and prohibits the use of illegally obtained evidence in trials.
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Frequently asked questions
The US Constitution was written in 1787.
The US Constitution was written in the Pennsylvania State House, now called Independence Hall, in Philadelphia.
The US Constitution was drafted in fewer than 100 working days.
More than 11,000 amendments have been introduced in Congress.
27 amendments have received approval from the states to become part of the Constitution.
