Jonah Patel
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights, which defines the rights of citizens and states in relation to the government. The Constitution superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789, and outlines the basic framework of the federal government, including the legislative, executive, and judicial branches. The legislative branch is made up of a bicameral Congress, the executive branch is made up of the President and subordinate officers, and the judicial branch is made up of the Supreme Court and other federal courts. Amendments to the Constitution are proposed by a two-thirds majority in the Senate and House of Representatives or by a national convention requested by two-thirds of state legislatures, and they are ratified by three-fourths of the states.
| Characteristics | Values |
|---|---|
| Opening words | "We the People" |
| Number of pages | 4 |
| Amendments | 27 |
| First 10 Amendments | The Bill of Rights |
| Amendments 13-15 | The Reconstruction Amendments |
| Date of drafting | May 25, 1787 – September 17, 1787 |
| Date of signing | September 17, 1787 |
| Date of coming into effect | March 4, 1789 |
| Location of drafting and signing | Independence Hall, Philadelphia |
| Number of original states | 13 |
| Number of states that refused to send delegates | 1 (Rhode Island) |
| Number of factions | 2 (Federalists and Anti-Federalists) |
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What You'll Learn
The US Constitution's drafting and history
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. The drafting of the Constitution, often referred to as its framing, was completed at the Constitutional Convention, which assembled in Philadelphia, Pennsylvania, on May 25, 1787. The convention was held to revise the Articles of Confederation, which, though they were America's first constitution, lacked enforcement powers, the ability to regulate commerce, and the ability to print money. James Madison, Alexander Hamilton, and George Washington feared that these shortcomings threatened to tear the young country apart.
The convention was chaired by George Washington, who had been unanimously elected president. The Committee of Detail, composed of John Rutledge, Edmund Randolph, Nathaniel Gorham, Oliver Ellsworth, and James Wilson, was selected to write a first draft constitution. The first draft was accepted on August 6, 1787, and the final document was produced five weeks later. The delegates appointed a Committee of Style and Arrangement, composed of Alexander Hamilton, William Johnson, Rufus King, James Madison, and Gouverneur Morris, to distill a final draft constitution from the twenty-three approved articles. Morris was responsible for the opening words, "We the People", which represented the idea that the people, and not the states, were the source of the government's legitimacy.
The final draft was signed by 39 delegates from 12 states on September 17, 1787, now designated Constitution Day. Three delegates present declined to sign the document: Edmund Randolph, George Mason, and Elbridge Gerry. The ratification process for the Constitution began that day and ended when the final state, Rhode Island, ratified it on May 29, 1790. 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.
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The Bill of Rights
The US Constitution, which begins with the words “We the People”, is composed of the Preamble, seven articles, and 27 amendments. The first ten amendments are known as the Bill of Rights.
The Ninth Amendment states that the "enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people". This means that just because a right is not explicitly mentioned in the Constitution, it does not mean that it does not exist. The Tenth Amendment further emphasizes that any powers not specifically granted to the federal government by the Constitution are reserved for the states or the people.
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Federal and state powers
The US Constitution is a document that unites a group of states with different interests, laws, and cultures under one nation. It establishes a federal system, where the national government and state governments share powers. The national government is conceived as one of limited and enumerated powers, with the states holding power over everything else.
The Tenth Amendment, for example, states: "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 amendment was added to protect state power and recognize state governments. However, the Supremacy Clause in Article VI of the Constitution makes federal law superior to state law. This was demonstrated in Gonzales v. Reich (2005), where the Supreme Court upheld the power of the federal government to regulate homegrown marijuana, despite some states allowing its legalization.
The US Constitution also mandates that all states uphold a "republican form" of government. State governments are modeled after the federal government and consist of three branches: executive, legislative, and judicial. State constitutions form the basis for state laws and tend to be significantly more lengthy than the US Constitution. They contain a preamble, a bill of rights, articles that describe the separation of powers between the three branches, and a framework for setting up local governments.
While the national government has broad-ranging powers, such as the ability to regulate interstate commerce, there are limits to its authority. The Constitution places restrictions on the powers of the states, prohibiting them from forming alliances with foreign governments, declaring war, coining money, or imposing duties on imports or exports. Federalism, or the balance of power between the federal and state governments, has evolved over four distinct phases in US constitutional history: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present.
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Amendments and changes
The US Constitution has been amended 27 times since it became operational in 1789. The first ten amendments are collectively referred to as the Bill of Rights, which offers protections of individual liberty and justice and places restrictions on the powers of the government within US states. Amendments 13 to 15 are known as the Reconstruction Amendments. The majority of the 17 later amendments expand individual civil rights protections, while others address issues related to federal authority or modify government processes and procedures.
The process of amending the Constitution is outlined in Article VII, which requires ratification by two-thirds of the states (nine out of 13). The first several amendments were proposed and considered by Congress in 1789. The original text and all prior amendments remain untouched, with amendments appended to the document.
The drafting of the Constitution, often referred to as its framing, was completed at the Constitutional Convention in Philadelphia between May 25 and September 17, 1787. The convention was initially intended to amend the Articles of Confederation, which had been ineffective in meeting the needs of the young nation. However, delegates soon began considering measures to replace the Articles. The convention was led by General George Washington, who was unanimously elected president. Two factions emerged during the debates: the Federalists, who supported the Constitution, and the Anti-Federalists, who opposed it. The former argued for a more powerful central government, while the latter warned of its potential to be impersonal, unrepresentative, and oppressive of the poor and working classes.
The Constitution was signed on September 17, 1787, and it went into effect on March 4, 1789, after being ratified by nine states. The first nine states to ratify were New Hampshire, followed by Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, and South Carolina. The document was handwritten on five pages of parchment by Jacob Shallus.
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The role of Federalists and Anti-Federalists
The US Constitution was drafted in 1787, and two opposing groups emerged: the Federalists and the Anti-Federalists. The Federalists were nationalists who supported the new Constitution and believed that a more robust national government with greater powers was necessary to unite the individual states and create a stronger country. They argued that the US government needed the authority to force the states to follow laws, or the country would remain as disorganized as it had been under the Articles of Confederation.
The Anti-Federalists, on the other hand, opposed the ratification of the Constitution. They believed that the Constitution would lead to a loss of individual liberties, an erosion of state sovereignty, and the potential for tyranny. They advocated for a more decentralized form of government with greater protections for individual rights and stronger state representation. Anti-Federalists were more likely to be small farmers from rural areas, and they believed that a large central government would not serve the interests of these rural areas and farmers. They also believed that the federal government's powers to tax could be used to exploit citizens and weaken the power of the states.
The Federalist Papers, a collection of essays written by Alexander Hamilton, John Jay, and James Madison, defended the US Constitution. The Anti-Federalist Papers, authored by Cato and other incognito writers, argued against it. Despite their efforts, the Anti-Federalists were unable to prevent ratification. However, their influence helped lead to the passage of the Bill of Rights, which was added to the Constitution to address their concerns about protecting the rights of individuals and states.
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Frequently asked questions
The US Constitution is the fundamental framework of America's federal system of government. It outlines the structure of the government, as well as the rights and freedoms that are protected from government interference.
The book that had the greatest influence on the Constitutional Convention was Montesquieu's "Spirit of Laws", which first appeared in 1748.
The US Constitution is considered the most powerful vision of freedom ever expressed. It is the world's shortest and oldest national constitution, inspiring the world with its democratic ideals.
