Isabella Carter
The United States Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The beginning part of the Constitution is called the Preamble. The Preamble, beginning with the words We the People, is a brief introductory statement of the Constitution's fundamental purposes and guiding principles. It was mainly written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention held at Independence Hall in Philadelphia.
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What You'll Learn
The Preamble
The beginning part of the Constitution of the United States is called the Preamble. The Preamble, along with seven articles and 27 amendments, forms the U.S. Constitution. The first 10 amendments are known as the Bill of Rights. The Preamble was signed on September 17, 1787, and ratified on June 21, 1788. The final document was engrossed by Jacob Shallus.
Furthermore, the Preamble's mention of a "more perfect Union" reflects the desire to create a stronger and more unified nation, addressing the challenges faced by the young nation under the Articles of Confederation. The phrase "establish Justice" expresses the goal of creating a fair and impartial system of laws, while "insure domestic Tranquility" speaks to the aim of maintaining peace and order within the country.
By "providing for the common defence," the Preamble underscores the government's role in protecting the nation from external threats, while "promoting the general Welfare" highlights the importance of ensuring the well-being and prosperity of all citizens. Lastly, the phrase "secure the Blessings of Liberty" emphasizes the commitment to safeguarding individual freedoms and rights, which are considered fundamental to the American identity.
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The US Constitution is the supreme law
The Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The first three articles 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 US Constitution establishes the powers and responsibilities of the federal government, including the power to dispose of and make rules regarding US territory and property, and to guarantee a republican form of government to each state, protecting them from invasion and domestic violence. It also outlines the process for proposing and ratifying amendments, with Congress or the state legislatures having the power to initiate amendments, which must then be ratified by three-fourths of the state legislatures or state ratifying conventions.
The US Constitution has been interpreted and amended over time to reflect changing societal needs and values. Notable contributions to the interpretation of the Constitution have been made by the Supreme Court under subsequent chief justices, including the Chase Court, the Taft Court, the Warren Court, and the Rehnquist Court. The Eighth Amendment, for example, protects individuals from excessive bail and cruel and unusual punishment, while the Ninth Amendment recognises that individuals have fundamental rights beyond those explicitly stated in the Constitution.
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The first 52 words
The United States Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The final document was engrossed by Jacob Shallus and was taken up on Monday, September 17, at the convention's final session. The Constitution was signed on September 17, 1787, and ratified on June 21, 1788.
The Preamble to the United States Constitution, beginning with the first 52 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", is a brief introductory statement of the Constitution's fundamental purposes and guiding principles. The Preamble was mainly written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention held at Independence Hall in Philadelphia. The Preamble was placed in the Constitution during the last days of the Constitutional Convention by the Committee on Style, which wrote its final draft.
Courts have referred to the Preamble as reliable evidence of the Founding Fathers' intentions regarding the Constitution's meaning and what they hoped it would achieve. The Preamble has been used to confirm that the Constitution was made for, and is binding only in, the United States of America. For example, in Casement v. Squier, a serviceman in China during World War II was convicted of murder in the United States Court for China. After being imprisoned in the State of Washington, he filed a writ of habeas corpus, claiming he had been unconstitutionally put on trial without a jury. The Supreme Court held that since the Preamble declares the Constitution was created by the "People of the United States", there may be places within the jurisdiction of the United States that are no part of the Union.
The Preamble's reference to "promoting the general Welfare" has been used by courts to interpret the Constitution's provisions. In a case involving the use of eminent domain by the City of Grand Rapids to force landowners to sell property, the court pointed to this phrase as evidence that "the health of the people was in the minds of our forefathers". In another case, the government argued that the Preamble's statement about promoting general welfare should be understood to permit Congress to regulate certain transactions during the Great Depression. However, the court dismissed this argument, insisting that the only relevant issue was whether the transaction in question constituted "interstate commerce" under the Supreme Court's precedents.
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Founding Fathers' intentions
The beginning part of the US Constitution is called the Preamble. It is a brief introductory statement of the Constitution's fundamental purposes and guiding principles. The Preamble was written mainly by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention held at Independence Hall in Philadelphia. It begins with the 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."
The Founding Fathers' intentions, as evidenced by the Preamble, were to create a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty for themselves and their Posterity. The phrase "We the People" indicates that the Constitution was created by and for the people of the United States, and it is binding only within the United States of America. This is supported by the fact that the Constitution superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789, and was influenced by the study of the Magna Carta and other ancient and extant federations.
The Founding Fathers intended to form a federal government with three separate 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). They also intended to protect certain rights, such as habeas corpus, trial by jury, and sovereign immunity, which were carried over from the British legal system.
The Founding Fathers' intentions were also shaped by the political philosophies of the time, particularly the ideas of Enlightenment thinkers such as Montesquieu, Locke, Edward Coke, and William Blackstone. The concept of Separation of Powers, for example, was largely inspired by these philosophers. Additionally, the Founding Fathers intended to address the issue of slavery, and while they agreed to protect the slave trade for 20 years, they also allowed states to count three-fifths of their slaves as part of their populations for representation in the federal government.
Overall, the Founding Fathers' intentions, as expressed in the Preamble and the structure of the Constitution, were to create a fair and just federal government that protected the rights and liberties of the people of the United States, while also addressing the complex issue of slavery and the representation of states in the federal government.
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Separation of Powers
The beginning part of the US Constitution is called the Preamble. It starts with the words "We the People" and is followed by seven articles and 27 amendments. The first 10 amendments are known as the Bill of Rights.
The first three articles of the US Constitution embody the doctrine of the separation of powers, a concept derived from the text and structure of the Constitution. The separation of powers principle functionally differentiates several types of state power and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each.
The US Constitution divides the federal government into three independent but interdependent branches to perform various functions: the legislative, the executive, and the judiciary. The legislative power is vested in the bicameral Congress, the executive power in the President and other subordinate officers, and the judicial power in the Supreme Court and other federal courts.
The purpose of this separation of powers is to preserve individual liberty and prevent autocracy by ensuring that no single branch of the government has too much power. Each branch has checks on the other two branches to resist any encroachments. For example, the President can veto legislation passed by Congress, but Congress can overrule such vetoes by a supermajority vote. Congress also has the power to impeach and remove the President, Vice President, and civil officers of the United States.
The idea of separation of powers in the US Constitution was influenced by Enlightenment philosophers such as Montesquieu, John Locke, and John Calvin. Montesquieu's tripartite system was articulated by John Locke in his work "Two Treatises of Government" (1690), where he distinguished between legislative, executive, and federative power. John Calvin favoured a system of government that divided power between democracy and aristocracy (mixed government) with several political institutions that complement and control each other in a system of checks and balances.
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Frequently asked questions
The beginning part of the US Constitution is called the Preamble.
The Preamble begins with the words "We the People of the United States" and outlines the intentions and fundamental purposes of the Founding Fathers. It also establishes the Constitution for the United States of America.
The Preamble consists of 52 words, which introduce the subsequent articles and amendments.
The Preamble has been used as a reference point for interpreting and applying the Constitution in legal cases. It serves as evidence of the Founding Fathers' intentions and the legal system they envisioned.
