Isabella Carter
The language of the United States Constitution is considered the supreme law of the land. The Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The Preamble, drafted in six weeks, communicates the intentions of the framers and the purpose of the document. The opening words, We the People, convey that the people, not the states, are the source of the government's legitimacy. The concluding endorsement was made intentionally ambiguous to win over the votes of dissenting delegates.
| Characteristics | Values |
|---|---|
| Opening words | "We the People" |
| Number of articles | 7 |
| Number of amendments | 27 |
| First 10 amendments | The Bill of Rights |
| Date of signing | 17 September 1787 |
| Date of ratification | 21 June 1788 |
| Number of words in the preamble | 52 |
| Intentionally ambiguous language | Yes |
| Amendment process | Two steps |
| Adopting the language of a proposed amendment | By Congress, with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention |
| Ratifying the proposed amendment | Requires three-fourths of the states' approval, either by consent of the state legislatures or consent of state ratifying conventions |
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What You'll Learn
The opening words: We the People
The United States Constitution begins with the famous words, "We the People", a phrase considered one of the most significant in American history. The phrase is the opening statement of the United States Constitution and outlines the purpose and objectives of the Constitution. The words were coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style.
The phrase "We the People" is significant because it immediately affirms that the Constitution is of the people, for the people, and by the people of the United States. This interpretation arises from the presence of "We the People", which leads to an understanding of the Constitution as affecting the people directly and not through regulations imposed on the states. The people mentioned in the phrase are the source of the government's legitimacy, and the government's power is derived from them.
The phrase "We the People" is also important because it allows the Constitution to be interpreted in a different light. By including these words, the Founding Fathers intended to communicate the purpose and aims of the Constitution. The Preamble, which begins with "We the People", is often referred to as reliable evidence of the Founding Fathers' intentions regarding the Constitution's meaning and what they hoped it would achieve.
The words "We the People" are also considered the strongest links between the Constitution and the Declaration of Independence. The Declaration of Independence was written from the perspective of the people, not of specific individuals or of the government. By including "We the People" in the Preamble, the Constitution emphasizes the significance of the people and ensures an understanding that the people are the ones giving power to the government.
The phrase "We the People" has been debated throughout American history, with questions arising as to who exactly is included in the term "the people". Despite this debate, the phrase remains a powerful symbol of American democracy and the power of citizens to govern themselves.
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The intentions of the framers
The framers of the Constitution were influenced by the ideas of British political philosopher John Locke, who advocated for the consent of the governed and the protection of basic rights, including life, liberty, and property. They also drew on the work of Montesquieu, which is evident in the writings of Madison and Hamilton. The Constitution was crafted to create a balance of powers between the branches of government, with checks and balances in place to prevent the abuse of power.
The opening words of the Constitution, "We the People", were chosen to represent the idea that the government derives its legitimacy from the people, rather than the states. This phrase, coined by Gouverneur Morris, signified a shift from the original draft, which listed the 13 states after "We the People". Morris replaced the list of states with "of the United States", unifying the country under a single constitution.
The framers intended for the Constitution to be a living document that could be amended and updated as the nation evolved. They established a two-step process for amending the Constitution, requiring the adoption of proposed amendments by either Congress or a national convention, followed by ratification by three-fourths of the states. This process ensures that any changes to the Constitution reflect the will of the people and are carried out in a careful and deliberate manner.
The framers also recognised the importance of an independent judiciary in interpreting and upholding the Constitution. The Supreme Court of the United States has played a crucial role in interpreting the Constitution and ensuring that the actions of the government and its agencies are permissible under the law. The federal courts, established by the Constitution, further reinforce the regulation of government under the Constitution as the supreme law of the land.
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The amendment process
The United States Constitution has been amended only 27 times since it was drafted in 1787. The framers of the Constitution intended for it to "endure for ages to come", making the process of amending the document a difficult task. The amendment process involves two steps: proposing an amendment and ratifying it.
The first step of the amendment process is proposing an amendment. There are two ways to propose an amendment:
- Congressional Proposal: The Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The proposal takes the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
- Constitutional Convention: Two-thirds of state legislatures (34 out of 50) can collectively call for a national convention to propose an amendment. However, in practice, all 27 amendments to date have been proposed by Congress, and no amendments have been proposed by a constitutional convention.
The second step of the amendment process is ratifying the proposed amendment. There are two ways to ratify an amendment:
- Ratification by State Legislatures: Three-fourths of the state legislatures (38 out of 50) must approve the proposed amendment.
- Ratification by State Ratifying Conventions: Three-fourths of the states must approve the proposed amendment through state ratifying conventions. This method has only been used once, for the Twenty-first Amendment.
The Archivist of the United States administers the ratification process. Once the required number of authenticated ratification documents is received, the Archivist certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice that the amendment process is complete.
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The concluding endorsement
The language of the concluding endorsement of the US Constitution was intentionally ambiguous, seeking to win over the votes of dissenting delegates. The concluding formula, "Done in convention by the unanimous consent of the states present", was devised to ensure the action of the convention would appear unanimous, even though many delegates were expected to refuse to give their individual assent to the Constitution.
> "Done in convention by the unanimous consent of the states present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names, G°. Washington Presidt and deputy from Virginia."
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The preamble sets the stage for the Constitution, communicating the intentions of the framers and the purpose of the document. It is not the law, but it introduces the highest law of the land. The preamble outlines the Constitution's six goals: establishing justice, ensuring domestic tranquility, providing for the common defence, promoting general welfare, and securing the blessings of liberty for the people and their posterity.
The Constitution is the supreme law of the land, and the court system decides whether actions by Congress or government agencies are permissible under it. Federal courts may rule on whether branches of the national government conform to the Constitution. The written Constitution is fundamental law within the states.
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The ratification of the conventions
The US Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The Constitution was signed on September 17, 1787, and ratified on June 21, 1788, when New Hampshire became the ninth state to ratify it. The document was not binding until its ratification by nine of the 13 existing states.
The ratification method is chosen by Congress for each amendment. There are two procedures for ratifying a proposed amendment, which requires three-fourths of the states' approval (38 of 50): consent of the state legislatures or consent of state ratifying conventions. State ratifying conventions were used only once, for the Twenty-first Amendment.
The convention method of ratification is described in Article V as an alternate route to considering the pros and cons of a particular proposed amendment. The framers of the Constitution wanted a means of potentially bypassing the state legislatures in the ratification process. The convention method of ratification loosely approximates a one-state, one-vote national referendum on a specific proposed federal constitutional amendment, thus allowing the sentiments of registered voters to be somewhat more directly felt on highly sensitive issues.
In a state's legislature, the ratification method is procedurally simple: propose a resolution, memorial, or proclamation of ratification and vote it up or down in each chamber of that state legislature. Using the convention method of ratification is more complicated because it is separate and different from a state legislature. As early as the 1930s, state lawmakers enacted laws to prepare for the possibility of Congress specifying the convention method of ratification.
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Frequently asked questions
"We the People".
The opening words, "We the People", represent the idea that the people, not the states, are the source of the government's legitimacy.
The phrase "We the People" was coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style.
The US Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights.
There are two steps to amending the Constitution. First, the language of a proposed amendment must be adopted either by Congress (with a two-thirds majority in both the Senate and the House of Representatives) or by a national convention (called for by two-thirds of state legislatures). Second, the proposed amendment must be ratified by three-fourths of the states (38 of 50).
