Eleanor Finch
The US Constitution is the oldest written national constitution still in use and forms the fundamental law of the US federal system of government. Beginning with the words We the People, it consists of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights, which define the basic rights of citizens. The Constitution delineates the frame of the federal government, dividing it into three branches: the legislative, executive, and judicial. Amendments to the Constitution must be properly adopted and ratified before they can be implemented. The US Constitution was written in 1787 in Philadelphia, Pennsylvania, and ratified in 1788, following long and often contentious debates over issues such as states' rights, representation, and slavery.
| Characteristics | Values |
|---|---|
| Number of pages | 4 or 5 |
| Amendments | 27 |
| First 10 amendments | Bill of Rights |
| Amendments 13-15 | Reconstruction Amendments |
| Written by | Jacob Shallus |
| Ratification | Requires two-thirds majority of states |
| Preamble | "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." |
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What You'll Learn
The Constitution's drafting and framing
The drafting and framing of the US Constitution was a complex and lengthy process, beginning with the Constitutional Convention in Philadelphia in May 1787. The convention was convened to revise the Articles of Confederation, which had been America's first constitution but had proven ineffective in addressing the young nation's needs. However, the delegates quickly began considering more significant changes, including the complete redesign of the government.
The convention was attended by delegates from 12 of the 13 original states, with Rhode Island refusing to send representatives. General George Washington was unanimously elected as the convention's president. The delegates closed the windows of the State House and swore secrecy to ensure they could speak freely. The convention was marked by fierce debates and compromises on key issues, including congressional representation and the regulation of commerce. Another contentious issue was slavery, with the southern states concerned about the economic impact of export taxes and the continuation of the slave trade.
A Committee of Detail, composed of five members, was formed to draft the first version of the Constitution. This committee included Nathaniel Gorham of Massachusetts, John Rutledge, Edmund Randolph, James Wilson, and Oliver Ellsworth. They presented a proposal for a 23-article constitution with a preamble. This draft was accepted on August 6, 1787, and the final document was completed five weeks later.
The drafting process involved several committees addressing specific issues. These included the Committee of Eleven, which tackled topics such as federal assumption of state debts, militia issues, and leftover business, including the method of choosing the president and the impeachment process. Another committee, known as the Committee of Style and Arrangement, was responsible for distilling the final draft constitution from the approved articles. This committee included prominent figures such as Alexander Hamilton, James Madison, and Gouverneur Morris.
The final Constitution was signed by 38 delegates on September 17, 1787, with an additional signature by George Reed on behalf of the absent John Dickinson of Delaware, bringing the total to 39. The ratification process then began, with the founding fathers bypassing the state legislatures and calling for special ratifying conventions in each state. This process faced opposition from Anti-Federalists, who opposed the creation of a powerful central government. The Federalists, on the other hand, supported the Constitution and worked to secure its ratification. The proposal was debated, criticised, and expounded upon, clause by clause, in the months that followed. The Constitution was gradually ratified by the required nine out of 13 states, with the final state, Rhode Island, ratifying it on May 29, 1790.
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Amendments and the Bill of Rights
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 offer specific protections of individual liberty and justice, as well as placing restrictions on the powers of the government within US states.
The Bill of Rights includes the following:
- The Second Amendment protects the right to keep and bear arms.
- The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes.
- The Fourth Amendment bars the government from unreasonable search and seizure of an individual or their private property.
- The Fifth Amendment provides several protections for people accused of crimes, including the right to a grand jury, protection against double jeopardy, protection against self-incrimination, and the right to due process of law.
- The Sixth Amendment provides additional protections to people accused of crimes, including the right to a speedy and public trial, an impartial jury, and the right to be informed of the criminal charges.
- The Seventh Amendment extends the right to a jury trial in Federal civil cases.
- The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment.
- The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.
- The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution.
The majority of the 17 later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures. Amendments to the United States Constitution are appended to the document, unlike amendments to many constitutions worldwide.
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Federal court interpretations
The US Constitution, which became operational in 1789, has been amended 27 times. It is composed of a preamble, seven articles, and these amendments. The preamble, drafted in Philadelphia in the summer of 1787, sets the stage for the Constitution, communicating the intentions of its framers and the purpose of the document. It is not the law, but it does establish justice, ensure domestic tranquility, provide for the common defence, promote general welfare, and secure liberty for US citizens.
The first ten amendments, known as the Bill of Rights, offer protections of individual liberty and justice, and place restrictions on the powers of the government within US states. The majority of the 17 later amendments expand individual civil rights protections, address issues related to federal authority, or modify government processes and procedures.
Federal courts are required to choose the Constitution over congressional law if there is deemed to be a conflict. Justices take a Constitutional oath to uphold it as "the supreme law of the land". The Supreme Court did not declare another act of Congress unconstitutional until 1857, with the Dred Scott decision. In the eighty years following the Civil War to World War II, the Court voided congressional statutes in 77 cases.
A notable crisis arose in 1935 and 1936, when the Supreme Court handed down twelve decisions voiding acts of Congress relating to the New Deal. This was a significant challenge to the Roosevelt administration's legislative agenda.
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The role of state legislatures
State legislatures are the primary lawmaking bodies of the American government. They are composed of popularly elected representatives, with each state legislature specifying the composition and method of organisation of state legislative bodies. The legislature is a multi-member body, and in 49 states, it is divided into two houses: the upper house (Senate) and the lower house (House of Representatives). Senators are typically elected for four-year terms, while state representatives are usually elected for two-year terms.
The responsibilities of a state legislature vary depending on the state's constitution. Their primary function is to create laws, approve budgets, and establish government agencies and policies within their jurisdiction. They also have the power to regulate businesses and courts within their jurisdiction, including determining court fees and attorney conduct. State legislatures play a crucial role in balancing the power of the executive branch through a system of checks and balances. They can also assume an oversight role to ensure that laws are implemented effectively and efficiently as intended by the legislature.
State legislatures were also involved in the drafting of the US Constitution. The delegates to the Constitutional Convention in 1787 were chosen by the state legislatures of 12 out of the 13 original states. These legislatures were tasked with organising "Federal Conventions" to ratify the Constitution, which required a two-thirds majority or the approval of nine out of the 13 states.
Overall, state legislatures play a vital role in shaping the laws and policies of their respective states, while also contributing to the formation and interpretation of the US Constitution.
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The Constitution's influence on other nations
The US Constitution has had a profound influence on the history of ideas and legal thinking worldwide. Its impact has been felt by other nations in several ways, including similarities in phrasing and borrowed passages in constitutions, as well as in the principles of the rule of law, separation of powers, and recognition of individual rights. The US Constitution has also influenced the spread of ideas related to constitutional conventions, written constitutions, ratification, and amendment procedures.
One of the earliest examples of the US Constitution's influence can be seen in the French Declaration of the Rights of Man, which was influenced by the state constitutions of Virginia and Pennsylvania, themselves shaped by the US Constitution. The US Constitution's impact was particularly significant in the 19th and early 20th centuries when former European colonies began self-governance and adopted federal and parliamentary models of government. For instance, nationalists such as Jose Rizal of the Philippines and Sun Yat-sen of China drew inspiration from the US Constitution in their calls for political reform and the establishment of republican governments.
In the 19th and 20th centuries, several Latin American countries, including Mexico, developed constitutions and federalist frameworks of government inspired by the US model. Similarly, the "MacArthur Constitution" heavily influenced Japan's 1947 constitution, and the US Constitution's imprint can be seen in the constitutions of Cuba (1901), Panama (1904), Haiti (1918), and South Vietnam (1967).
The influence of the US Constitution has also been observed in the Australian constitution, which incorporates elements of American constitutionalism while preserving Westminster parliamentary traditions and the British monarchy. However, it's worth noting that the influence of the US Constitution has waxed and waned over time, and some cultures, such as those of Confucian and Islamic traditions, have not readily adopted its premises. Since the 1980s, the influence of the US Constitution has been waning as countries have created new constitutions or updated older ones, a process that is argued to be more challenging in the United States than in other nations.
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Frequently asked questions
The US Constitution is the "Supreme law of the land" that outlines the powers of the judiciary and the government. It is composed of a preamble, seven articles, and 27 amendments.
The Preamble is an introduction to the US Constitution. It sets out the intentions of the framers and the purpose of the document. It reads: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
The US Constitution was drafted at the Constitutional Convention in Independence Hall, Philadelphia, between May 25 and September 17, 1787. The convention was attended by delegates from 12 of the 13 original states, with Rhode Island refusing to send delegates. The Constitution was ratified by nine of the 13 states, with two factions emerging—the Federalists and the Anti-Federalists.
