Simone Lawson
The US Constitution, signed on September 17, 1787, established the government of the United States. The document, originally intended as a revision of the Articles of Confederation, introduced a new form of government with a federal government and three branches: the legislative, executive, and judicial. The Constitution also defined the basic framework of the federal government, including the powers and responsibilities of each branch, and the rights and responsibilities of state governments. The Constitution was drafted in secret by delegates to the Constitutional Convention, which met in Philadelphia between May and September of 1787. The convention was called to address the problems of the weak central government that existed under the Articles of Confederation and to establish a government with more specific powers, especially in conducting foreign relations.
| Characteristics | Values |
|---|---|
| Date of proposal | May 14, 1787 |
| Date of signing | September 17, 1787 |
| Location | Philadelphia |
| Venue | Pennsylvania State House (Independence Hall) |
| Type of government | Federal |
| Number of articles | Seven |
| Number of pages | Four |
| Separation of powers | Legislative, Executive, and Judicial |
| Legislative branch | Bicameral Congress, consisting of the Senate and House of Representatives |
| Executive branch | President and subordinate officers |
| Judicial branch | Supreme Court and other federal courts |
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What You'll Learn
A new form of government
The US Constitution of 1787 established a new form of government for the United States, replacing the weak central government that existed under the Articles of Confederation. The Constitution was drafted in secret by delegates to the Constitutional Convention in Philadelphia, which met between May and September 1787. The convention was called to propose revisions to the Articles of Confederation, but it soon became clear that the delegates intended to draft an entirely new form of government.
The Constitution's first three 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 a bicameral Congress, with a House of Representatives and a Senate. The executive branch consists of the President and subordinate officers, while the judicial branch consists of the Supreme Court and other federal courts.
The Constitution also established the basic framework of the federal government, including the rights and responsibilities of state governments and their relationship to the federal government. It addressed issues such as foreign relations, the payment of debts from the Revolutionary War, and other domestic issues. The framers of the Constitution created a model of government that relied on a series of checks and balances by dividing federal authority between the three branches of government.
The Constitution was signed on September 17, 1787, and within three days, it was submitted to the Congress of the Confederation. The Congress unanimously voted to forward the proposal to the thirteen states for their ratification. The Constitution came into effect in 1789 and has served as the basis of the United States Government ever since. It is the oldest and longest-standing written and codified national constitution in force in the world.
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Separation of powers
The US Constitution, the oldest and longest-standing written and codified national constitution in force, was drafted in 1787. It was intended to revise the Articles of Confederation, but it introduced a completely new form of government. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judiciary.
The legislative branch, as defined in Article I, consists of a bicameral Congress, with a Senate and House of Representatives. Article II defines the executive branch, which is made up of the President and subordinate officers. Lastly, the judicial branch, as outlined in Article III, is comprised of the Supreme Court and other federal courts.
The separation of powers principle differentiates various types of state power, such as law-making, adjudication, and execution, and it requires these functions to be distinct and independent. This model is often referred to as the trias politica. The Framers of the Constitution aimed to create a system of government that balanced power with the protection of individual liberties.
The separation of powers doctrine was influenced by European Enlightenment thinkers like Montesquieu and John Locke, as well as by earlier documents such as the Instrument of Government, written by English general John Lambert in 1653. The concept of checks and balances, where each branch has the power to limit or check the others, is an important aspect of maintaining the separation of powers and preventing government abuses. This idea was advocated by Immanuel Kant, who believed that a well-designed constitution could pit opposing factions against each other to maintain balance.
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Federalism and state rights
The US Constitution was drafted in 1787 to amend the Articles of Confederation, which had formed the basis of the country's government since independence in 1776. However, the final document introduced a completely new form of government.
The US Constitution embodies 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).
Articles IV, V, and VI of the Constitution embody concepts of federalism, outlining the rights and responsibilities of state governments, their relationship to the federal government, and the shared process of constitutional amendment.
Federalism is a system that divides powers between national and state governments. The Tenth Amendment to the US Constitution, ratified in 1791, is crucial to dividing federal and state powers. It reads:
> "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
This limits the federal government to the specific powers outlined in the Constitution. The US Congress can also pass laws that are "necessary and proper" to carry out these powers. Enumerated powers are those listed in the Constitution as belonging to the federal government.
The federal government also holds implied powers that are not listed in the Constitution but are needed to carry out other powers. The Supreme Court plays a large role in defining these powers when it tests whether federal laws are constitutional.
Reserved powers are any powers that state governments keep under the Tenth Amendment. States hold any power that the Constitution has not assigned to the federal government or disallowed. The federal government may not directly control these areas, but it can incentivise states to act through grants and mandates.
Federalism goes beyond states' rights and powers. Its essence is dual sovereignty—a system of shared authority between federal and state governments, with each sovereign checking the other. The purpose of this check is to shield individuals from concentrations of power.
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Foreign affairs
The US Constitution of 1787 was designed to address the shortcomings of the weak central government under the Articles of Confederation, which had faced challenges in conducting foreign policy. The new Constitution established a federal government with more specific powers, including those related to foreign relations.
The Constitution's first three articles embody the separation of powers, dividing federal authority among the legislative, executive, and judicial branches. The legislative branch, consisting of the bicameral Congress, held significant powers in foreign affairs, such as treaty ratification and declaring war. The executive branch, led by the President, was responsible for conducting foreign relations, making treaties with the "advice and consent" of the Senate, and appointing ambassadors, ministers, and consuls with Senate approval.
The Foreign Emoluments Clause, or Article I, Section 9, Clause 8, aimed to prevent corruption by regulating the acceptance of gifts from foreign governments by officers of the United States. This clause evolved from the Articles of Confederation's Foreign Emoluments Clause, with the modern version expressly permitting gifts with the consent of Congress.
The Constitution's ratification in 1789 marked a shift towards centralized authority, enabling the enforcement of uniform policies and a more stable national economy. It provided a framework for managing foreign affairs, and the early years of the republic saw notable successes in this domain. The creation of a Department of Foreign Affairs, led by a Secretary of State, further solidified the nation's ability to navigate international relations.
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Checks and balances
The US Constitution of 1787 codified a federal government divided into three branches: the legislative, the executive, and the judiciary. This separation of powers was designed to prevent the accumulation of power by a single person or body, which was considered the greatest threat to liberty.
The checks and balances system is a unique feature of the US Constitution, designed to ensure that no branch of government could exercise unrestrained power. Each branch has the ability to "'check'" the actions of the other two branches. For example, the legislative branch makes laws, but the president in the executive branch can veto those laws. Similarly, the judicial branch can declare laws made by the legislative branch unconstitutional, but the president and Senate appoint and approve members of the Supreme Court, respectively.
The legislative branch, as per Article I, consists of a bicameral Congress with a Senate and House of Representatives, with the power to make all laws. However, Congress may only exercise the legislative powers "herein granted" by the Constitution. The executive branch, as per Article II, consists of the President and subordinate officers, who can veto laws passed by Congress. The judicial branch, as per Article III, consists of the Supreme Court and other federal courts, which can declare a law unconstitutional.
James Madison, in Federalist No., advocated for a system of checks and balances, arguing that ambition, if properly harnessed and rooted in an appreciation for constitutional republicanism, could advance the public good. Madison's theory, now known as the "Madisonian Model", was influenced by Aristotle and Montesquieu's observations on the separation of powers.
The checks and balances system encourages a constant tension and conflict between the branches, which can be beneficial as it prevents any one branch from accumulating too much power. This system has been a celebrated feature of the US Constitution, with many countries basing their constitutions on this model.
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Frequently asked questions
The US Constitution was created to establish a federal government with more specific powers, including those related to conducting relations with foreign governments.
The Constitutional Convention was a convention of state delegates in Philadelphia that met between May and September of 1787. It was called by the Confederation Congress to propose revisions to the Articles of Confederation.
The chief points of issue were how much power to allow the central government, how many representatives in Congress to allow each state, and how these representatives should be elected.
