Omar Bennett
The United States Constitution, the oldest and longest-standing written and codified national constitution in force, begins with the famous words We the People. The first three articles of the Constitution embody 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). The Constitution's remaining articles (IV-VII) outline concepts of federalism, describing the rights and responsibilities of state governments, the states' relationship to the federal government, and the shared process of constitutional amendment.
| Characteristics | Values |
|---|---|
| First words | "We the People" |
| Number of articles | 7 |
| Number of amendments | 27 |
| First 10 amendments known as | Bill of Rights |
| Date of signing | September 17, 1787 |
| Date of ratification | June 21, 1788 |
| Date of first 10 amendments ratification | December 15, 1791 |
| Date of 17th amendment | 1913 |
| Date of 20th amendment | 1933 |
| Basis | Common law and Magna Carta (1215) |
| Influenced by | Eighteenth-century Enlightenment philosophers like Montesquieu and John Locke |
| Influenced by other | Political philosophers like Edward Coke and William Blackstone |
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What You'll Learn
The US Constitution's famous first 52 words
The US Constitution is a federal constitution that was influenced by the Magna Carta and other federations, both ancient and modern. The Due Process Clause of the Constitution was partly based on common law and the Magna Carta, which became the foundation of English liberty against arbitrary power. The Enlightenment philosophers of the 18th century, such as Montesquieu and John Locke, also inspired the idea of the Separation of Powers.
The US Constitution begins with the famous 52 words of the Preamble, which introduces the seven articles and 27 amendments that follow. The first 10 amendments are known as the Bill of Rights. The Preamble 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."
These 52 words embody the concept of a union of states with diverse interests, laws, and cultures, united under a single national government. It vests the power of this union in the people, recognising their fundamental role in the American political experiment.
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The Preamble
The United States Constitution is composed of a preamble, seven articles, and 27 amendments. The preamble, which begins with the famous words "We the People," sets out the intentions and principles of the document that follows.
The full text of the preamble is as follows:
"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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The Bill of Rights
The United States Constitution is a federal constitution that begins with the famous words, "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." These words, known as the Preamble, embody the founding principles of the nation and set the tone for the rest of the document.
The Constitution is composed of seven articles, with the first three articles embodying the doctrine of the separation of powers. The legislative branch is comprised of a bicameral Congress (Article I), the executive branch consists of the President and subordinate officers (Article II), and the judicial branch is made up of the Supreme Court and other federal courts (Article III).
The Constitution also includes 27 amendments, with the first 10 known as the Bill of Rights, which was ratified on December 15, 1791. The Bill of Rights further elaborates on the protections and liberties afforded to the citizens of the United States. It reinforces the idea that the government's role is to safeguard the natural rights of its citizens.
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Separation of Powers
The US Constitution is a federal constitution that unites a group of states with different interests, laws, and cultures under one government. The first three articles of the Constitution embody the doctrine of the separation of powers, dividing the federal government into three branches.
The first branch is the legislative branch, consisting of a bicameral Congress (Article I). This branch is responsible for creating and passing laws. The second branch is the executive, consisting of the President and subordinate officers (Article II). This branch is responsible for enforcing the laws created by the legislative branch. The third branch is the judicial, consisting of the Supreme Court and other federal courts (Article III). This branch interprets the laws and ensures that they are applied fairly and equally.
The separation of powers is a fundamental principle in the US Constitution, intended to prevent the concentration of power in a single branch of government. By dividing the government into three branches, the Constitution provides a system of checks and balances that protects against the abuse of power and ensures that no one branch becomes too powerful. This idea of the separation of powers was inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke, who were frequently referenced during the Constitutional Convention.
The legislative branch, for example, has the power to create laws, but the executive branch can veto those laws. The judicial branch interprets the laws and can declare them unconstitutional if they violate the Constitution. Each branch has specific powers and responsibilities, and they work together to govern the country effectively while also serving as a check on each other's power.
The separation of powers also extends beyond the federal government, with Articles IV, V, and VI of the Constitution outlining the concepts of federalism and the rights and responsibilities of state governments in relation to the federal government. This further reinforces the balanced distribution of power and ensures that the states maintain a degree of autonomy while also being subject to the authority of the federal government in certain areas. The US Constitution's separation of powers has been influential in shaping governance and ensuring a stable and balanced distribution of power.
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The doctrine of federalism
Federalism is a term that shares its root with "confederalism" in the Latin word "foedus", which means "treaty, pact, or covenant". The term "federalism" was historically used to refer to a simple league among sovereign states, based on a treaty. However, in the United States, the term took on a unique meaning following the Philadelphia Constitution Convention in the 19th century. Today, federalism refers to the division and sharing of power between the national and state governments, with each level of government allocated a defined sphere of powers.
The US Constitution was written to replace the Articles of Confederation, which established a loose confederation with a weak central government. The Founding Fathers sought to establish a unified national government with limited powers while maintaining a distinct sphere of autonomy for state governments to exercise their general police power. This is reflected in the Tenth Amendment, which states that "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".
The US Constitution outlines two branches of government, with the federal government in charge of matters that affect the country as a whole, such as foreign policy and interstate commerce, and the state governments responsible for issues within their borders, such as education and local law enforcement. The federal government also has the power to regulate certain state matters through the Commerce Clause, which allows Congress to regulate wages and hours of state and local employees.
Federalism allows for a system of checks and balances, where the federal and state governments can hold each other accountable. This is demonstrated in cases such as the National League of Cities v. Usery, where the Court recognised the importance of state sovereignty and the limits of federal power.
Federalism has evolved over time, with different forms such as dual federalism (or "layer-cake" federalism) and cooperative federalism (or "marble-cake" federalism) emerging. Dual federalism, which lasted from 1788 to 1937, featured a clear division of powers between the federal and state governments. Cooperative federalism, which emerged during the New Deal era, is characterised by a more flexible and cooperative relationship between the federal and state governments, with overlapping powers and shared responsibilities.
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Frequently asked questions
"We the People".
The preamble establishes the reasons for the Constitution, including 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".
There are seven articles in the US Constitution.
The first article embodies the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial.
There have been 27 amendments to the Constitution. The first 10 are known as the Bill of Rights.
