Eleanor Finch
The United States Constitution is made up of 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, bicameral Congress; the executive, led by the president; and the judiciary, led by the Supreme Court. The remaining articles outline the rights and responsibilities of state governments, the states' relationship to the federal government, and the process of constitutional amendment. The Constitution has been amended 27 times since it was ratified in 1788, with the first ten amendments, known as the Bill of Rights, being ratified in 1791. These amendments offer specific protections of individual liberty and justice and place restrictions on the powers of the government within the U.S. states.
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What You'll Learn
The seven articles define the basic framework of the federal government
The United States Constitution, written over 200 years ago, is a blueprint for the country's government and comprises a preamble and seven articles that define the basic framework of the federal government. The seven articles make up the structural constitution, which was signed on September 17, 1787, and ratified on June 21, 1788.
The first three articles establish the three branches of the federal government and outline their powers:
- Legislative Branch (Article I): This branch is responsible for making laws and is split into two chambers—the House of Representatives and the Senate. Congress, as a whole, can borrow money for the nation, declare war, and raise a military. It also has the power to check and balance the other two branches.
- Executive Branch (Article II): This branch manages the day-to-day operations of the government through various federal departments and agencies. The President, as the head of the executive branch, has the power to make treaties with other nations, appoint federal judges, department heads, and ambassadors, and determine how to run the country and military operations.
- Judicial Branch (Article III): Article III outlines the powers of the federal court system, with the U.S. Supreme Court as the court of last resort. The U.S. Congress can determine the size and scope of the lower courts. Federal judges are appointed for life and can be removed only if they resign or are charged with bad behavior.
The remaining four articles (IV–VII) describe the relationship between the states and the federal government, including how new states can join the Union, and they establish the Constitution as the supreme law of the land. They also outline the amendment and ratification processes, allowing future generations to amend the Constitution if societal changes require it.
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Amendments outline individual liberty and justice
The US Constitution has been amended 27 times since it became operational in 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791, and outline specific protections of individual liberty and justice. They also place restrictions on the powers of the government within US states.
The first amendment, for example, protects fundamental freedoms such as freedom of speech, freedom of the press, and the right to peaceably assemble and petition the government. The second amendment protects the right to bear arms. The fourth amendment prohibits unreasonable searches and seizures, while the fifth amendment guarantees various rights for persons accused of crimes, including protection against double jeopardy and self-incrimination. The sixth amendment outlines rights in criminal prosecutions, including the right to a speedy trial and to confront witnesses. The eighth amendment prohibits excessive bail and cruel and unusual punishment.
The ninth amendment recognizes certain unenumerated rights, reserving to the people any rights not specifically mentioned in the Constitution. The tenth amendment further defines the balance of power between the federal government and the states, stating that any powers not delegated to the federal government are left to the states or the people.
Other amendments that outline individual liberty and justice include the thirteenth amendment, which abolished slavery, and the fourteenth amendment, which guarantees equal protection under the law and due process of law. The fourteenth amendment also defines citizenship and ensures that citizens have the right to vote. These amendments, along with the first ten amendments, form a crucial foundation for protecting the rights and freedoms of individuals in the United States.
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The Bill of Rights
The US Constitution, signed on September 17, 1787, and ratified on June 21, 1788, consists of 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, bicameral Congress; the executive, led by the president; and the judiciary, headed by the Supreme Court.
The Constitution has been amended 27 times since it came into force in 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791, and offer specific protections of individual liberty and justice. They also place restrictions on the powers of the government within US states.
- Congress shall make no law respecting an establishment of religion, prohibiting its free exercise, or abridging freedom of speech, the freedom of the press, the right to peaceably assemble, and the right to petition the government for a redress of grievances.
- The right of the people to keep and bear arms shall not be infringed.
- No soldier shall be quartered in any house without the owner's consent in peacetime.
- The right of the people to be secure against unreasonable searches and seizures shall not be violated.
- No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment by a grand jury, except in cases arising in the land or naval forces, or in the militia during active service in times of war or public danger. No person shall be subject to double jeopardy, be compelled to be a witness against himself, be deprived of life, liberty, or property without due process of law, or be denied the right to due process of law. The government cannot take private property for public use without just compensation.
- In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favour, and to have the assistance of counsel for his defence.
- In civil actions where the value in controversy exceeds twenty dollars, the right to a trial by jury shall be preserved.
- Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
- The rights not enumerated in the Constitution shall not be construed to deny or disparage other rights retained by the people.
- The powers not delegated to the United States by the Constitution, nor prohibited to the states, are reserved to the states or to the people.
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The process of amending the Constitution
The United States Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were adopted in 1791. The process of amending the Constitution is outlined in Article V of the Constitution and is deliberately difficult and time-consuming.
An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. The President does not have a constitutional role in the amendment process.
Once an amendment is proposed, it must be ratified by three-fourths of the state legislatures (38 out of 50 states). The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
Amending the Constitution is a difficult task, and not all proposed amendments have been successful. For example, the ERA Amendment did not pass the necessary majority of state legislatures in the 1980s, and supporters of congressional term limits and a balanced budget amendment were unable to get the new amendments they wanted.
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The ratification of the Constitution
The US Constitution was ratified on June 21, 1788, when New Hampshire became the ninth of 13 states to ratify it. The journey to ratification was long and arduous. The country was governed by the Articles of Confederation, which was tailored to a newly formed nation of states acting like independent, sovereign countries. However, it became clear to America's leaders that future stability required a stronger, more centralized government.
Alexander Hamilton led the call for a constitutional convention to reevaluate the nation's governing document. The Confederation Congress endorsed his initiative, and representatives from all 13 states were invited to convene in Philadelphia on May 25, 1787. The convention was led by George Washington, who ensured delegates remained open to compromise to achieve a stronger national 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 favor of ratification. With assistance from John Jay, they produced 85 essays known as "The Federalist Papers", which explained and defended how the proposed new government would function.
The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. Some states voiced opposition to the Constitution on the grounds that it did not provide protection for rights such as freedom of speech, religion, and the press. However, the terms of the Massachusetts Compromise reached in February 1788 stipulated that amendments to that effect—what became the Bill of Rights—would be immediately proposed. The constitution was subsequently ratified by Massachusetts, Maryland, South Carolina, and, finally, New Hampshire.
After ratification, Congress set dates for the first federal elections, which were held from December 15, 1788, to January 10, 1789, and the new government took office on March 4, 1789. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved the document, and the Bill of Rights was ratified on December 15, 1791.
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Frequently asked questions
The seven articles that make up the structural constitution define 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, bicameral Congress; the executive, led by the president; and the judiciary, led by the Supreme Court.
There have been 27 amendments to the Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791. The first ten amendments offer specific protections of individual liberty and justice and place restrictions on the powers of the government.
The Bill of Rights is made up of the first 10 amendments to the Constitution. It includes protections for individual liberty and justice, such as freedom of speech, freedom of the press, and the right to peaceably assemble.
Amendments are proposed by Congress and then ratified by the Legislatures of the several States. For an amendment to be valid, it must be ratified by three-fourths of the state legislatures.
