Isabella Carter
The US Constitution is the oldest written national constitution still in use and forms the basis of the country's federal system of government. It defines the basic framework of the federal government, the rights of citizens, and the powers of Congress. The Constitution was signed on September 17, 1787, and ratified on June 21, 1788, after nine states approved it as required by Article VII. The document has been amended 27 times, with the first 10 amendments, known as the Bill of Rights, being ratified on December 15, 1791. The US Constitution is considered the supreme law of the land, and the Supreme Court has the power to declare acts of Congress unconstitutional. The framers of the Constitution were particularly concerned with limiting the power of the government and protecting the liberty of citizens.
| Characteristics | Values |
|---|---|
| Legitimacy | The people, not the states, are the source of the government's legitimacy |
| Basic framework | Defines the basic framework of the federal government |
| Jurisdiction | Defines the jurisdiction of the principal organs of government |
| Rights | Defines the basic rights of citizens |
| Amendments | 27 amendments, beginning with the Bill of Rights |
| Ratification | Ratified on June 21, 1788 |
| Checks and balances | Provides a system of checks and balances to avoid the tyranny of any one branch |
| Judicial review | Power of judicial review established by the Supreme Court in 1803 |
| Equality | Contains an equal protection clause, protecting citizens from discrimination by the states |
Explore related products
What You'll Learn
The US Constitution is the highest law of the land
The Constitution was written in 1787 and ratified in 1788. It was signed by 39 delegates, after the framers resolved their disputes through what became known as the Great Compromise. This created a bicameral legislature with a Senate and a House of Representatives. The Constitution was ratified by nine states, as required by Article VII, and Congress proposed 12 amendments, of which 10 were ratified by the states and certified in 1791. These included the Bill of Rights.
The Constitution defines the principal organs of government and their jurisdictions, as well as the basic rights of citizens. It establishes a system of checks and balances, with Congress intended to be part of this system. The Supreme Court has the power to declare acts of Congress unconstitutional. The US Constitution guarantees relatively few rights compared to the constitutions of other countries. It is also one of the most difficult constitutions in the world to amend.
The Constitution's Ratification: A Compromise Solution
You may want to see also
The preamble sets the stage for the Constitution
The Preamble to the United States Constitution sets the stage for the rest of the document. It is an introduction to the highest law of the land, communicating the intentions of the framers and the purpose of the document. The Preamble was placed in the Constitution during the final days of the Constitutional Convention by the Committee on Style, led by Gouverneur Morris. The Preamble's wording represents a shift from earlier documents, which referred to the "people of the various states" rather than "We the People of the United States."
The Preamble sets out the aspirations of "We the People" for their government and way of life as a nation. It outlines six goals: forming a more perfect union, establishing justice, ensuring domestic tranquility, providing for the common defence, promoting the general welfare, and securing the blessings of liberty for themselves and their posterity. These goals reflect the framers' concerns with limiting the power of government and protecting citizens' liberty.
Courts have shown interest in interpreting the Preamble to understand the Constitution's meaning and "spirit." For example, in Ellis v. City of Grand Rapids, the court pointed to the Preamble's reference to "promoting the general welfare" as evidence that the health of the people was a priority for the framers. The Preamble has also been interpreted to explain the nature of the governmental entity created by the Constitution, i.e., the federal government, and its role in foreign affairs and international relations.
While the Preamble does not assign powers to the federal government or limit its actions, it provides context for interpreting the Constitution's meaning and the intentions behind it. It is a key element in understanding the document as a whole and the principles upon which the US government is based.
Living Constitution: Dynamic Basis for US Law
You may want to see also
The Constitution establishes a system of checks and balances
The US Constitution is the oldest written national constitution still in use. It establishes a federal system of government and defines the basic rights of citizens. The Constitution's main provisions include seven articles that define the basic framework of the federal government.
The system of checks and balances is designed to prevent the tyranny of any one branch. Most important actions require the participation of more than one branch of government. For example, Congress passes laws, but the President can veto them. The President also has the power to appoint federal judges, but these appointments must be approved by Congress.
The Supreme Court has the power of judicial review, which means it can declare acts of Congress unconstitutional. However, the Court's judgments are not always binding, as it relies on the executive branch to enforce them. The Court has also self-limited its passing on constitutional questions, only formulating a rule of constitutional law when a case decision requires it.
The system of checks and balances also extends to the states. The Constitution is the supreme law of the land, and federal courts may rule on whether the actions of state governments are permissible under it. The written Constitution is considered fundamental law within the states.
Sneak Attack Strategies for Your D&D Campaign
You may want to see also
Explore related products
The Constitution is difficult to amend
The US Constitution is the oldest written national constitution still in use. It is the fundamental law of the US federal system of government and a landmark document of the Western world. The Constitution defines the basic framework of the federal government, the principal organs of government and their jurisdictions, and the basic rights of citizens.
Article V of the Constitution sets out the primary paths for amending the document. An amendment must be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. A proposed amendment only becomes part of the Constitution when ratified by legislatures or conventions in three-fourths of the states (38 of 50 states).
The process of amending the Constitution has proven difficult in practice. Since 1789, approximately 11,848 measures have been proposed to amend the Constitution, but only 27 amendments have been ratified. The last ratified amendment was the 27th Amendment in 1992. The close political divide in Congress also makes it difficult to amend the Constitution. For example, Republican House Speaker Mike Johnson stated that President Joe Biden’s recent Supreme Court reform proposals—two of which would require constitutional amendments—were “dead on arrival” in the House.
Emancipation Proclamation: A Constitutional Conundrum
You may want to see also
The Supreme Court interprets the Constitution
The US Constitution is the oldest written national constitution still in use and forms the basis of the federal system of government in the US. It defines the basic framework of the federal government, the principal organs of government, and their jurisdictions, as well as the basic rights of citizens. The Constitution was ratified in 1787 and signed by 39 delegates. It was established to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to the people.
The Supreme Court consists of one Chief Justice and eight Associate Justices, who are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear almost any case on appeal that involves a point of constitutional or federal law.
The Supreme Court's interpretation of the Constitution has evolved over time, with the rise of originalism, a theory that advocates for interpreting the Constitution based on its original understanding at the time of drafting. Originalism gained prominence among conservatives in the 1970s and 1980s in response to liberal decisions of the Supreme Court. Critics argue that abstract principles in the Constitution, such as "due process" and "equal protection," should be interpreted in light of evolving societal values. The Supreme Court plays a crucial role in ensuring that each branch of the government recognizes its limits and safeguarding the rights of citizens.
American Constitution: Bible-Based?
You may want to see also
Frequently asked questions
The US Constitution is the fundamental law of the US federal system of government. It is the oldest written national constitution still in use. The Constitution defines the basic framework of the federal government, the principal organs of government and their jurisdictions, and the basic rights of citizens.
The Constitution's preamble sets out the intentions of its framers and the purpose of the document. The 52-word paragraph includes the famous phrase ""We the People", which represents the idea that the people, not the states, are the source of the government's legitimacy. The preamble also outlines six goals: to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to the people and their posterity.
The US Constitution was signed by 39 delegates on 17 September 1787 and submitted for ratification. After ratification by nine states, Congress set 4 March 1789, as the date for the new government to commence proceedings. The first elections under the Constitution were held in 1788. There have been 27 amendments to the Constitution, beginning with the Bill of Rights, which included the first 10 amendments, ratified on 15 December 1791.
