Simone Lawson
The US Constitution is the oldest and shortest written national constitution. It was written in 1787 in the Pennsylvania State House, now known as Independence Hall, and signed on September 17, 1787, by 39 delegates. The Constitution was ratified by the necessary nine states in 1788, and in 1791 Americans added a list of rights to it, known as The Bill of Rights.
| Characteristics | Values |
|---|---|
| Date of signing | 17 September 1787 |
| Date it superseded the Articles of Confederation | 4 March 1789 |
| Number of original articles | 7 |
| First three articles | Doctrine of the separation of powers |
| Legislative branch | Bicameral Congress |
| Executive branch | President and subordinate officers |
| Judicial branch | Supreme Court and other federal courts |
| Number of amendments constituting the Bill of Rights | 10 |
| Number of states required to ratify an amendment | 38 of 50 |
| Number of amendments | 27 |
| First three words | "We The People" |
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What You'll Learn
- The US Constitution superseded the Articles of Confederation in 1789
- Amendments require a two-thirds majority in the Senate and House of Representatives
- The Fourteenth Amendment granted citizenship to former slaves and those subject to US jurisdiction
- The Fifteenth Amendment prohibits the use of race, colour, or previous servitude in voting rights
- The Constitution introduced a new form of government, with separation of powers
The US Constitution superseded the Articles of Confederation in 1789
The US Constitution superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Articles of Confederation were adopted by the Continental Congress on November 15, 1777, and came into force on March 1, 1781. It was the first frame of government during the American Revolution, establishing a weak confederal government with limited powers.
The Articles of Confederation had several weaknesses. Firstly, it did not provide sufficient power to the central government, which struggled to regulate commerce, impose taxes, or effectively support war efforts. This led to economic instability and difficulties in settling disputes between states. Additionally, the Articles' approach to foreign policy was ineffective, as demonstrated by the 1786 Jay-Gardoqui Treaty with Spain, where the United States conceded rights to use the Mississippi River, harming the interests of western settlers. The Confederation's military weakness was also evident, as they couldn't compel the British army to vacate frontier forts on American soil, despite promises made in the 1783 Treaty of Paris.
The process of drafting and ratifying the US Constitution addressed these issues. The Constitutional Convention, which began in May 1787, recognised that the Articles of Confederation's flaws couldn't be fixed through minor alterations. Thus, they authored a new constitution, which established a stronger federal government. This new constitution provided for a chief executive (the President), courts, and taxing powers, significantly enhancing the federal government's authority and ability to address the challenges faced under the Articles of Confederation.
The ratification process for the US Constitution began with its submission to the Congress of the Confederation in September 1787. Despite the Articles of Confederation requiring unanimous approval of all states for amendments, the proposal was forwarded to the thirteen states for ratification, with Article VII of the proposed Constitution calling for ratification by just nine of the thirteen states. On June 21, 1788, New Hampshire became the ninth state to ratify, and by March 4, 1789, eleven states had ratified the Constitution, leading to the establishment of the federal government under the new Constitution.
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Amendments require a two-thirds majority in the Senate and House of Representatives
The US Constitution is a powerful document that outlines the framework of the federal government and the rights of its citizens. One of the critical aspects of the Constitution is the process of amending it to ensure that it remains responsive to the needs of the nation. Amending the Constitution is a deliberate and meticulous process, requiring a two-thirds majority in both the Senate and the House of Representatives. This high threshold ensures that any changes to the foundational document of the nation's government are carefully considered and broadly supported.
The two-thirds majority requirement for amendments in both chambers of Congress reflects the importance and gravity of modifying the Constitution. This supermajority mandate is outlined in Article Five of the Constitution, which delineates the process of proposing and ratifying amendments. By necessitating the support of a substantial proportion of both legislative bodies, the Constitution safeguards against hasty or partisan changes. This safeguard is a key feature of the system of checks and balances inherent in the US governmental structure.
The process of amending the Constitution begins with the proposal stage. A proposed amendment must first be adopted by either a two-thirds majority in both houses of Congress or by a national convention called for by two-thirds of the state legislatures. This initial step ensures that any potential amendment has significant support at the state or federal level. Once a proposal is adopted, it moves on to the ratification stage.
Ratification is the process of formally approving and enacting a proposed amendment. There are two methods for ratifying an amendment: obtaining the consent of state legislatures or convening state ratifying conventions. Congress decides which method will be used for each amendment. To date, the convention method of ratification has only been employed once, for the Twenty-first Amendment. Regardless of the ratification method, a proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states, currently equivalent to 38 out of 50 states.
The requirement of a two-thirds majority in the Senate and House of Representatives for proposing amendments is a critical safeguard in the amendment process. It ensures that any changes to the Constitution are thoroughly debated and have broad support across political factions. This deliberate process reflects the Founding Fathers' intent to create a stable and enduring government that could adapt to the evolving needs of the nation while preserving fundamental principles.
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The Fourteenth Amendment granted citizenship to former slaves and those subject to US jurisdiction
The Fourteenth Amendment to the United States Constitution, passed in 1868, was a significant step in extending rights and liberties to formerly enslaved people and those subject to US jurisdiction. This amendment was adopted as part of the Reconstruction Amendments following the Civil War, with the aim of guaranteeing equal civil and legal rights to Black citizens.
A key provision of the Fourteenth Amendment was the Citizenship Clause, which stated that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This clause explicitly granted citizenship to former slaves and ensured that birthright citizenship could not be revoked based on ethnicity. It also overturned the Supreme Court's decision in Dred Scott v. Sandford (1857), which had denied citizenship to Americans descended from African slaves.
The Fourteenth Amendment also included three new limits on state power. Firstly, it prohibited states from violating a citizen's privileges or immunities. Secondly, it prevented states from depriving any person of life, liberty, or property without due process of law, building on the Fifth Amendment's similar clause. And finally, it required states to guarantee equal protection under the law to all people, including non-citizens, within their jurisdiction. This Equal Protection Clause was a significant expansion of constitutional protections, making most provisions of the Bill of Rights applicable to state and local governments.
In addition to addressing citizenship and equal protection, the Fourteenth Amendment also included sections affirming the validity of public debt authorised by Congress while declining to compensate slaveholders for emancipation. It also provided congressional power of enforcement and addressed the apportionment of representatives among the states, excluding untaxed Indigenous people from the count.
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The Fifteenth Amendment prohibits the use of race, colour, or previous servitude in voting rights
The Fifteenth Amendment to the United States Constitution, ratified on February 3, 1870, prohibits the federal government and each state from denying or abridging a citizen's right to vote based on their race, colour, or previous condition of servitude. This amendment was the third and final Reconstruction Amendment, coming after the Civil War and the subsequent Reconstruction Era. During this period, Congress engaged in repeated debates over the rights of millions of black freedmen.
The Fifteenth Amendment specifically states that the right of citizens of the United States to vote shall not be denied or abridged by the United States or any state on account of race, colour, or previous servitude. This amendment ensured that citizens were exempt from discrimination in the exercise of their voting rights and empowered Congress to enforce this right through appropriate legislation.
The proposal for this amendment emerged from a House and Senate conference committee, which aimed to attract the broadest possible base of support. The final text of the amendment focused solely on banning voter restrictions based on race, colour, or previous servitude. While this amendment was a significant step towards equality, it did not include guarantees of the right of African Americans to hold office or address other measures to block voting, such as poll taxes.
Despite the Fifteenth Amendment, African Americans continued to face significant obstacles to their political participation. In the early 1890s, efforts to ensure "white supremacy" led to the implementation of literacy tests for voting, "grandfather clauses" that excluded those whose ancestors had not voted, and other devices to disenfranchise African Americans in former Confederate states. These measures underscored the ongoing struggle for equality, demonstrating that the Fifteenth Amendment was just one step in a longer journey towards full civic participation for African Americans.
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The Constitution introduced a new form of government, with separation of powers
The US Constitution, which superseded the Articles of Confederation in 1789, introduced a new form of government with a separation of powers. This new system divided the federal government into three branches: the legislative, the executive, and the judicial.
The legislative branch, as outlined in Article I of the Constitution, consists of a bicameral Congress. This means that it is made up of two chambers: the Senate and the House of Representatives. This branch is responsible for creating and passing laws.
The executive branch, as outlined in Article II, is led by the President and their subordinate officers. This branch is responsible for enforcing the laws created by the legislative branch.
The judicial branch, as outlined in Article III, consists of the Supreme Court and other federal courts. This branch interprets the laws and ensures that they are applied fairly and consistently. It also resolves disputes and determines the constitutionality of laws and actions.
This separation of powers was designed to prevent the concentration of power in a single branch or individual and to provide checks and balances on governmental power. Each branch has its own distinct roles and responsibilities, and they work together to govern the country effectively while also holding each other accountable.
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