The Constitution: How It Was Created

what is the constitution and how was it created

A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization, or other types of entities, and commonly determines how that entity is governed. The U.S. Constitution is the fundamental framework of America's system of government. It separates the powers of government into three branches: the legislative branch, which makes the laws; the executive branch, which executes the laws; and the judicial branch, which interprets the laws. The Constitution was created in 1787 when 39 delegates endorsed the constitution created during the Philadelphia Convention. The delegates were tasked with revising the existing government, but they ended up creating a completely new one. The Constitution was written a few years after the Revolutionary War, as America's first constitution, the Articles of Confederation, gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers and couldn't regulate commerce or print money.

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The US Constitution: a framework for the government

A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization, or other types of entities, and commonly determines how that entity is to be governed. The US Constitution is the fundamental framework of America's system of government.

The US Constitution was created in 1787, a few years after the Revolutionary War, when James Madison, Alexander Hamilton, and George Washington feared that their young country was on the brink of collapse. America's first constitution, the Articles of Confederation, gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart. Alexander Hamilton helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation.

The Constitutional Convention assembled in Philadelphia in May 1787. From the start of the convention, it became clear that the delegates were forming an entirely new form of government. The Preamble of this history-changing document makes it clear why it was written: "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."

On September 17, 1787, 38 delegates signed the Constitution, with George Reed signing for the absent John Dickinson of Delaware, bringing the total number of signatures to 39. The US Constitution is one of the longest-lived and most emulated constitutions in the world. The founders set the terms for ratifying the Constitution, bypassing the state legislatures and calling for special ratifying conventions in each state. Ratification by nine of the 13 states enacted the new government.

The US Constitution separates the powers of government into three branches: the legislative branch, which makes the laws; the executive branch, which executes the laws; and the judicial branch, which interprets the laws. It sets up a system of checks and balances that ensures no one branch has too much power, and divides power between the states and the federal government.

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The Constitution's creation: from the Articles of Confederation

The Constitution of the United States was signed on September 17, 1787, by 39 delegates, creating a powerful central government. The Constitution was the result of an attempt to revise the existing government, which was based on the Articles of Confederation.

The Articles of Confederation, America's first constitution, were adopted by the Continental Congress on November 15, 1777. It served as a written document that established the functions of the national government of the United States after it declared independence from Great Britain. It established a weak central government, which prevented the individual states from conducting their own foreign diplomacy. The Articles gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money.

The Articles of Confederation were ratified by 12 states by February 1779, 14 months into the process. The lone holdout was Maryland, which refused to go along until the landed states, especially Virginia, ceded their claims west of the Ohio River to the Union. Maryland finally ratified the Articles on February 2, 1781, and Congress was informed of this assent on March 1, officially proclaiming the Articles of Confederation to be the law of the land.

However, just a few years after the Revolutionary War, James Madison, Alexander Hamilton, and George Washington feared their young country was on the brink of collapse. The states retained considerable power, and the central government had little power to settle disputes between states. Alexander Hamilton helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation. The Constitutional Convention assembled in Philadelphia in May 1787, resulting in the creation of the United States Constitution.

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The signing: 39 delegates in 1787

A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization, or other types of entities, and commonly determines how that entity is to be governed. In 1787, no country in the world had ever allowed its citizens to select their own form of government, much less a democratic government. This is what made the US Constitution revolutionary when it was written, and it continues to inspire the world today.

The US Constitution was signed on September 17, 1787, by 39 delegates. George Reed signed for John Dickinson of Delaware, who was absent, bringing the total number of signatures to 39. The signing of the Constitution was an extraordinary achievement. The delegates were tasked with revising the existing government, but they came up with a completely new one. Wary about centralized power and loyal to their states, they created a powerful central government. Representing wildly different interests and views, they crafted compromises. It stands today as one of the longest-lived and most emulated constitutions in the world.

The founders set the terms for ratifying the Constitution. They bypassed the state legislatures, reasoning that their members would be reluctant to give up power to a national government. Instead, they called for special ratifying conventions in each state. Ratification by 9 of the 13 states enacted the new government.

The US Constitution is the oldest active codified constitution. It separates the powers of government into three branches: the legislative branch, which makes the laws; the executive branch, which executes the laws; and the judicial branch, which interprets the laws. It sets up a system of checks and balances to ensure no one branch has too much power. It also divides power between the states and the federal government.

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The judicial branch: the Supreme Court

The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch includes the Supreme Court and other federal courts.

Article III, Section I of the Constitution establishes the federal judiciary, with the judicial power of the United States vested in a single supreme court and such inferior courts as Congress may establish. The Constitution permits Congress to decide how to organise the Supreme Court, and it first did so in the Judiciary Act of 1789, creating a Supreme Court with six justices.

The Supreme Court is the highest court in the land and acts as the court of last resort for those seeking justice. It plays a crucial role in ensuring that each branch of government recognises the limits of its power. This is achieved through its power of judicial review, which allows it to declare a legislative or executive act in violation of the Constitution. The Court established this power in the landmark case of Marbury v. Madison in 1803, where it held that an Act of Congress contrary to the Constitution could not stand.

Justices of the Supreme Court are nominated by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. There is currently one Chief Justice and eight Associate Justices. The Supreme Court's decisions have a significant impact on society, as it protects civil rights and liberties by striking down laws that violate the Constitution. It also sets limits on democratic government, ensuring that popular majorities cannot pass laws that harm or take advantage of unpopular minorities.

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Amendments: income tax and Senate representation

The United States Constitution was signed on September 17, 1787, by 39 delegates who endorsed the document created during the Philadelphia Convention. The convention made it possible for judges, ministers, and others ineligible to serve in state legislatures to be elected to a convention. The Constitution went into effect as soon as it was ratified by nine states (two-thirds rounded up).

The Sixteenth Amendment, ratified on February 3, 1913, grants Congress the authority to levy an income tax without apportioning it among the states or basing it on the United States Census. Before the Sixteenth Amendment, the majority of funds given to the federal government came from tariffs on domestic and international goods. The first official federal income tax was the short-lived Revenue Act of 1861, which was repealed in 1872. The Wilson-Gorman Tariff Act of 1894 contained an income tax provision of 2% on incomes over $4,000 (equivalent to $135,951.63 in 2022 USD). In 1909, President William H. Taft proposed a new income tax of 2% on corporations, imposed through an excise tax on manufactured goods. This proposal was supported by citizens in the West and South, who believed it would be an easier way to raise funds from those less well-off, and by insurgent" Republicans, who believed it would help finance the country's increasing political and military power. The amendment was ratified by 36 out of 48 states between 1909 and 1913, and it was formally accepted into the Constitution one month before the inauguration of President Woodrow Wilson.

Article I, Section 3 of the Constitution, as modified by the Seventeenth Amendment, establishes that the Senate shall be composed of two Senators from each state, elected by the people for six-year terms. Each Senator has one vote, and when vacancies occur, the state's executive authority shall issue writs of election to fill them.

Frequently asked questions

A constitution is a set of fundamental principles that establish the legal basis of a country, organization, or other types of entities, determining how that entity is governed.

The US Constitution is the fundamental framework of America's system of government. It separates the powers of government into three branches: the legislative branch, which makes the laws; the executive branch, which executes the laws; and the judicial branch, which interprets the laws. It also sets up a system of checks and balances to ensure no one branch has too much power, and divides power between the states and the federal government.

The US Constitution was created in 1787 by 39 delegates who gathered in Philadelphia to recommend changes to the existing charter of government for the 13 states, the Articles of Confederation, which many Americans believed had created a weak, ineffective central government. The delegates ended up forming an entirely new form of government.

Ratification by 9 of the 13 states enacted the new government. The Constitution was signed on September 17, 1787, and it became the supreme law of the land.

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