Simone Lawson
The Constitution of the United States is the supreme law of the United States of America. It is the oldest and longest-standing written and codified national constitution in force in the world. The Constitution superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Founding Fathers drafted the Constitution to set up a fair and balanced government, establishing justice, ensuring domestic tranquility, providing for the common defense, promoting the general welfare, and securing the blessings of liberty. The Constitution has been amended 27 times since it became operational, with the first ten amendments known as the Bill of Rights, offering specific protections of individual liberty and justice and restricting the government's powers.
| Characteristics | Values |
|---|---|
| Oldest constitution in the world | Signed on September 17, 1787 |
| Sets the terms for ratifying the Constitution | Ratification by 9 of the 13 states enacted the new government |
| Called the "Supreme Law of the Land" | Lays out the basic rules of the government and no other law is above it |
| Designed to change and grow with time | Can be changed through "amendments" |
| First 10 Amendments are called the "Bill of Rights" | Lists fundamental rights such as freedom of speech, religion, and press |
| First Amendment prohibits Congress from obstructing the exercise of certain individual freedoms | Freedom of religion, speech, press, assembly, and right to petition |
| Thirteenth Amendment abolished slavery and involuntary servitude | Authorized Congress to enforce abolition |
| Written by Founding Fathers | James Madison, Alexander Hamilton, and George Washington |
| Designed to be fair and balanced | Wanted to make it difficult for one person, party, or group to control the government |
| Sets out the duties of the President | Commander-in-chief of the U.S. military, appoints the Cabinet, federal judges, and other government officials |
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What You'll Learn
The Constitution's purpose and intent
The Constitution of the United States is the oldest and shortest written national constitution in the world. It was signed on September 17, 1787, by 38 delegates, including Founding Fathers such as George Washington, Alexander Hamilton, and James Madison. The document was intended to revise the existing Articles of Confederation, which gave the Confederation Congress the power to make rules and request funds from the states, but lacked enforcement powers, the ability to regulate commerce, and the ability to print money.
The Constitution's purpose was to establish a fair and balanced government, with checks and balances in place to limit government power and protect individual freedoms. The Founding Fathers wanted to make it difficult for one person, party, or group to gain control of the government. They also wanted to address the disputes between states over territory, war pensions, taxation, and trade, which threatened to tear the young country apart.
The Constitution introduced three branches of government: the Executive Branch, which includes the President, Vice President, and their Cabinet; the Legislative Branch, which includes Congress; and the Judicial Branch, which includes the federal judiciary appointed by the President. The Constitution outlines the duties and powers of each branch, with the President having the power to veto laws passed by Congress, and Congress having the power to override a presidential veto with a two-thirds majority vote in both houses.
The first ten amendments to the Constitution, known as the Bill of Rights, were added in 1791. These amendments further protected individual freedoms, such as freedom of religion, speech, and assembly, and prohibited cruel and unusual punishment. The Constitution has since been amended multiple times, including the Thirteenth Amendment (1865), which abolished slavery, and the Fourteenth Amendment (1868), which granted citizenship to former slaves and all persons subject to U.S. jurisdiction.
The Constitution is considered a "living document" and continues to be interpreted and amended to adapt to the changing needs and values of American society. It has inspired democratic ideals around the world and remains the supreme law of the land in the United States.
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The Founding Fathers' vision for a fair and balanced government
The Founding Fathers of the United States Constitution wanted to set up a fair and balanced government for the newly independent states of America. The Constitution, signed on September 17, 1787, is the oldest written national constitution in the world. It is the "Supreme Law of the Land", laying out the basic rules of government and establishing a framework for America's system of government.
The Founding Fathers understood that the Constitution should be able to change and grow over time, so they included a way to amend it. These changes are called "amendments", and they are difficult to make, requiring a two-thirds majority in both the House of Representatives and the Senate, or two-thirds of the states to approve. The first ten amendments, known as the Bill of Rights, were added in 1791 and include fundamental rights such as freedom of speech, religion, and press, the right to a jury trial, and the right to keep and bear arms.
The Constitution separates the powers of government into three branches: the legislative, which makes the laws; the executive, which executes the laws; and the judicial, which interprets the laws. This system of checks and balances ensures that no one branch has too much power. The Founding Fathers wanted to make it difficult for one person, party, or group to gain control of the government, and so power is divided between the states and the federal government.
The Constitution was the result of months of passionate and thoughtful deliberation among the delegates, who represented wildly different interests and views. They crafted compromises, such as the agreement that each state would have one representative for every 30,000 people in the House of Representatives and two representatives in the Senate. The delegates were wary of centralized power and loyal to their states, and so they created a powerful central government while bypassing the state legislatures in the ratification process, calling for special ratifying conventions in each state.
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The Articles of Confederation and the need for a new constitution
The Articles of Confederation, the United States' first constitution, was adopted by the Continental Congress on November 15, 1777. It established a government in which the colonies, now states, retained most of the power. This left the central government weak, without essential powers like the ability to enforce rules, regulate commerce, print money, control foreign policy, or tax.
The Articles of Confederation created a unicameral legislature, with each state having one vote in Congress. Members of Congress served one-year terms with term limits. The Articles also guaranteed each state's sovereignty, leaving the matter of western land claims in the hands of individual states.
However, the Articles of Confederation soon proved inadequate. In 1786, a group of western Massachusetts residents, led by former Continental Army Captain Daniel Shay, rebelled due to high state taxes and wartime debt. The federal government, established by the Articles, was unable to address this internal rebellion as it lacked the necessary funds and military power.
Additionally, disputes between states over territory, war pensions, taxation, and trade threatened to tear the young nation apart. The Articles' lack of enforcement powers and inability to regulate commerce further exacerbated these issues.
As a result, in May 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles of Confederation. However, the delegates soon decided to completely redesign the government, leading to the creation of a new constitution. This new constitution introduced a bicameral legislature, with the House of Representatives elected by popular vote and the Senate appointed by the states. It also established three branches of government: the executive, legislative, and judicial, ensuring a separation of powers.
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The Constitutional Convention and the creation of the document
The Constitutional Convention, which took place in Philadelphia in May 1787, was convened to revise the Articles of Confederation, which had been in force since 1781. The Articles of Confederation, America's first constitution, gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, and the ability to print money. The convention was intended to address these issues and "render the federal constitution adequate to the exigencies of government and the preservation of the Union".
The convention was conducted under an oath of secrecy, with windows shuttered so delegates could speak freely. The 38 delegates, representing 12 states, had differing interests and views, and they crafted compromises to accommodate these differences. One of the most contentious issues was congressional representation—whether it should be based on population or divided equally among the states. A compromise was reached, giving each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate.
Another contentious issue was slavery, which threatened to derail the Union. A temporary resolution was reached, with the delegates agreeing that the slave trade could continue until 1808. The delegates also agreed to count enslaved Africans as three-fifths of a person.
The delegates, tasked with revising the existing government, ended up creating a completely new form of government. They set the terms for ratifying the Constitution, bypassing the state legislatures and calling for special ratifying conventions in each state. On September 17, 1787, 39 delegates signed the Constitution, and it was submitted to the Congress of the Confederation in New York City. The proposal was then forwarded to the thirteen states for their ratification, and on June 21, 1788, New Hampshire became the ninth state to ratify, enacting the new government.
The Constitution, considered the "Supreme Law of the Land", laid out the basic rules of the US government and established a system of checks and balances to ensure no one branch had too much power. It also separated powers into three branches: the legislative, executive, and judicial. The Founding Fathers understood that the Constitution should be able to change and grow over time, so they included a process for amending it. These amendments guarantee fundamental rights, such as freedom of speech, religion, and press.
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Amendments and the evolution of the Constitution
The US Constitution has been amended several times since its inception, with 27 amendments successfully ratified and incorporated into the Constitution. The first ten amendments, collectively known as the Bill of Rights, were ratified in 1791. These amendments were introduced to address the criticisms raised during the debates of 1788 and to ensure the protection of individual freedoms and rights.
The First Amendment prohibits Congress from infringing upon the freedoms of religion, speech, press, assembly, and the right to petition. It guarantees the free exercise of religious beliefs and prevents the federal government from establishing an official religion or favouring one set of beliefs over another. The Eighth Amendment, also ratified in 1791, protects individuals from excessive bail or fines and cruel and unusual punishment. It ensures that punishments are proportional to the crime committed and has been used to challenge inhumane prison conditions.
The Ninth Amendment, part of the Bill of Rights, affirms that individuals possess fundamental rights beyond those explicitly mentioned in the Constitution. This amendment was a response to the Anti-Federalists' arguments during the Constitutional ratification debates, who advocated for a Bill of Rights to safeguard individual liberties. The Tenth Amendment, ratified in 1791, clarifies the balance of power between the federal government and the states, reserving powers not delegated to the federal government to the states or the people.
The Thirteenth Amendment, adopted in 1865, abolished slavery and involuntary servitude, with certain exceptions, and authorised Congress to enforce abolition. This amendment superseded several original parts of the Constitution and clarified the status of millions of individuals following the Emancipation Proclamation. The Fourteenth Amendment, ratified in 1868, granted citizenship to former slaves and imposed new limits on state power, guaranteeing equal protection under the law.
The evolution of the Constitution through amendments has been a dynamic process, with the document adapting to address societal changes and advancements. The process of amending the Constitution involves proposals introduced in Congress and then sent to the states for ratification. While there have been numerous proposals, only a small proportion have successfully become part of the Constitution.
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Frequently asked questions
The Constitution is a charter of government that came to be ratified by the states, and it continues to be the supreme law of the land. It was written and signed in 1787 by 38 delegates (39 including George Reed, who signed for John Dickinson of Delaware) from 12 states. It was intended to replace the Articles of Confederation, which many Americans believed had created a weak, ineffective central government. The Constitution created a federal system with a national government composed of three separated powers, and included both reserved and concurrent powers of states.
The Founding Fathers wanted to set up a fair and balanced government. They agreed to be governed under the Articles of Confederation, which gave states stronger authority than the overarching federal government. The Constitution, on the other hand, created a powerful central government with a system of checks and balances. The Founding Fathers wanted to make it difficult for one person, party, or group to get control of the government.
The first ten Amendments introduced were referred to as the Bill of Rights. The First Amendment prohibits Congress from obstructing certain individual freedoms, including freedom of religion, speech, the press, assembly, and the right to petition. The Eighth Amendment protects people from excessive bail or fines and cruel and unusual punishment. The Thirteenth Amendment abolished slavery and involuntary servitude, and the Fourteenth Amendment granted U.S. citizenship to former slaves and all persons "subject to U.S. jurisdiction."
