Omar Bennett
The US Constitution is a concise document of only 4543 words, including signatures, which outlines the framework of the federal government and the specific duties of the states. The document was drafted by delegates aged 26-81 and has endured for over two centuries, providing a stable structure for the nation. The Constitution was influenced by the ideals expressed in the Declaration of Independence, which outlined the reasons for separation from Great Britain. The Bill of Rights, comprising the first ten amendments, was later added to the Constitution to address concerns about the limitations of government power and protect individual liberties.
| Characteristics | Values |
|---|---|
| Length | 4543 words |
| Amendments | 17 |
| Rights | Freedom of speech and religion |
| Freedom from cruel and unusual punishments | |
| Right to a public trial | |
| Right to worship freely | |
| Right to be free from unreasonable government intrusion in the home | |
| Division of Power | Separation of political and judicial power |
| Separation of powers between state and national government | |
| Separation of powers within governments | |
| Separation of powers between the legislative, executive, and judicial branches | |
| Federal system as a critical part of the American constitutional order | |
| Ratification | Requires a three-quarters vote from the states |
| Last amendment ratified in 1992 | |
| Stability | Provides stability through an enduring document |
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What You'll Learn
The Declaration of Independence
The Charters of Freedom can be viewed in the Rotunda of the National Archives, which was designed by architect John Russell Pope as a shrine to American democracy. The Rotunda features two murals by Barry Faulkner, depicting fictional scenes of the "presentations" of the Declaration of Independence and the Constitution. The Charters of Freedom are enduring documents that have provided stability and a framework for the US government and the rights of its citizens.
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The Bill of Rights
The US Constitution, along with the Declaration of Independence, is considered one of the founding documents of the United States. The Constitution defines the framework of the Federal Government of the United States. The Bill of Rights, the first 10 amendments to the Constitution, defines citizens' and states' rights in relation to the government. James Madison wrote these amendments to limit government power and protect individual liberties.
The First Amendment, for example, protects the freedom of speech and religion. Congress is prohibited from making laws establishing religion or inhibiting free speech. The Fourth Amendment protects citizens' right to privacy, requiring a warrant for government intrusion into homes. The Sixth Amendment guarantees the right to a speedy and public trial by an impartial jury, the right to know the nature of the accusation, to confront witnesses, and to have legal assistance. The Eighth Amendment prohibits excessive bail or cruel and unusual punishments.
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The division of power
One of the central concerns of the Founding Fathers was how best to control government power. The Constitution's framers wanted to strike a balance between creating a more powerful national government and protecting the liberties of the American people. To achieve this, they divided power in two ways: firstly, between the three branches of government (the legislative, executive, and judicial), and secondly, between the national government and the states under a system known as federalism.
The legislative branch, consisting of the bicameral Congress, makes the laws. The executive branch, led by the President, enforces the laws. The President is the Commander-in-Chief of the Army and Navy, can make treaties and appointments to office with the consent of the Senate, and is responsible for ensuring that laws are faithfully executed. The judicial branch, headed by the Supreme Court, interprets the laws and determines the constitutionality of laws and presidential actions.
The separation of powers is an important feature of the US Constitution, designed to protect against the concentration of power in a single person, group, or entity. The doctrine of federalism further divides power by delineating the rights and responsibilities of state governments and their relationship to the federal government. While some US states in the 18th century did not observe a strict separation of powers, many southern states explicitly required it, and it has since become an integral part of the constitutional design.
The US Constitution has been amended 27 times since it became operational in 1789, with the first ten amendments collectively known as the Bill of Rights, which place restrictions on the powers of the government. The Framers' decision to divide power between the branches of government and between the national government and the states has provided a stable structure for the nation, entrusting political and judicial power to separate branches based on the constitutional rule of law.
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The regulation of commerce
The US Constitution is a document that outlines the framework of the Federal Government of the United States. The first ten amendments to the Constitution make up the Bill of Rights, which defines citizens' and states' rights in relation to the government. James Madison wrote these amendments to limit government power and protect individual liberties.
The issue of the regulation of commerce was one of the most serious controversies during the drafting of the Constitution. The southern states, which exported raw materials, rice, indigo, and tobacco, feared that a New England-dominated Congress might impose export taxes that would severely damage the South's economic life. C. C. Pinckney, for instance, declared that if Congress had the power to regulate trade, the southern states would be "nothing more than overseers for the Northern States." This debate over commerce was closely linked to another explosive issue: slavery.
The anti-Federalists, who wanted power to remain with state and local governments, demanded a more concise and unequivocal Constitution. They wanted a document that clearly laid out the rights of the people and the limitations of the power of government. Patrick Henry criticised the proposed Constitution for its vagueness and lack of specific protection against tyranny. Richard Henry Lee lamented the lack of provisions to protect "those essential rights of mankind without which liberty cannot exist."
The Federalists, on the other hand, advocated for a strong national government. They believed that the people and states automatically kept any powers not given to the federal government. This debate over the division of power between state and national governments continues to the present day. However, what the Founders did not find debatable was the wisdom of dividing power both among and within governments. They considered the federal system to be a critical part of the American constitutional order.
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The separation from Great Britain
Ideological Differences:
The Founding Fathers of the United States held certain ideals and beliefs that clashed with those of Great Britain. They embraced the concept of a republic, as described by James Madison, where power is derived directly or indirectly from the people, and individuals held office for limited periods. This stood in contrast to the monarchical rule prevalent in Britain at the time. The colonists advocated for their rights as British subjects, arguing that they should be entitled to the same privileges as their fellow subjects in Britain, including consent over taxation, as they were unrepresented in the British Parliament.
Political Differences:
Political differences centred on the issue of representation and the role of colonial members in Parliament. The colonists sought a government that would respect and protect the rights of all citizens, regardless of their distinctions, and where the people held ultimate power. They rejected the British argument of "virtual representation," claiming that if the majority of British people did not have the vote, they ought to have it. The idea of colonial members of Parliament was not a feasible solution due to logistical issues and the colonists' desire for adequate influence.
Social Tensions:
Social tensions and resentments in the colonies contributed to the separation. Acute inequalities in economic opportunities and visible status led to intense rivalry between families, such as the DeLanceys and the Livingstons in New York provincial politics. The rise of dissenting religious sects, like the Baptists, also hinted at underlying social and religious dissent, further fuelling the desire for separation.
Quest for a Unique Government:
The separation from Britain presented Americans with the opportunity to establish a unique form of government. They sought to create a Republican government based on a constitution with fixed laws, ensuring stability and respect for citizens' rights. The Founding Fathers recognised the need for a government that would protect the rights of citizens, regardless of their religious beliefs, gender, or colour, setting a precedent for constitutional protections.
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Frequently asked questions
The US Constitution is a document that defines the framework of the Federal Government of the United States.
The US Constitution includes the Bill of Rights, which defines citizens' and states' rights in relation to the government. The first ten amendments make up the Bill of Rights, which was written by James Madison to limit government power and protect individual liberties.
The US Constitution was created to address the vagueness and lack of specific protection against tyranny in the proposed Constitution. The anti-Federalists demanded a more concise and unequivocal Constitution that outlined the rights of the people and the limitations of the government's power.
James Madison wrote the amendments to the US Constitution. However, it was George Washington who was unanimously elected president of the Philadelphia convention.
The convention accepted the first draft of the US Constitution on August 6, 1787, and the final document was completed five weeks later.
