Omar Bennett
The US Constitution is a federal constitution that was influenced by the study of the Magna Carta and other ancient and extant federations. It is composed of a preamble, seven articles, and 27 amendments. The final document was engrossed by Jacob Shallus and was ratified by the Confederation Congress on September 17, 1787, and was later amended by the Bill of Rights on December 15, 1791. The final Necessary and Proper Clause, also known as the Elastic Clause, confers incidental powers upon Congress without the Articles' requirement for express delegation for each power.
| Characteristics | Values |
|---|---|
| Date of signing | September 17, 1787 |
| Number of signers | 39 |
| Number of states ratifying | 11 |
| Date of first Congress | March 4 |
| Location of first Congress | New York City |
| Date of first 10 amendments ratification | December 15, 1791 |
| Number of amendments | 27 |
| Comprised of | Preamble, seven articles, and amendments |
| First 52 words | Introduce the articles and amendments that follow |
| First 3 words | "We the People" |
| Written by | Jacob Shallus |
| Influenced by | Magna Carta and other federations |
| Purpose | To be the highest law of the land |
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What You'll Learn
The Necessary and Proper Clause
> "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
This clause is significant as it gives Congress implied powers in addition to its enumerated powers. The interpretation of this clause has been a point of contention between political parties, with Anti-Federalists expressing concern that it grants the federal government boundless power. However, Federalists like Alexander Hamilton and James Madison argued that it only permits the execution of powers granted by the Constitution.
The clause has been invoked in various contexts, such as in United States v. Comstock (2010), where the Court considered the indefinite civil commitment of federal prisoners after their criminal sentences had expired. It has also been used to justify the creation of a national bank, the constitutionality of federal laws, and the prosecution of particular claims by other government departments. The Necessary and Proper Clause is a powerful tool for Congress to enact laws and execute the powers granted by the Constitution.
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The signing and ratification
The US Constitution was signed on September 17, 1787, and ratified on June 21, 1788. The final document was engrossed by Jacob Shallus and was taken up at the convention's final session. Several delegates were disappointed with the result, a series of compromises, and three refused to sign. Of the thirty-nine signers, Benjamin Franklin summed up his thoughts by saying:
> "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them. [...] I expect no better and [...] I am not sure that it is not the best."
The advocates of the Constitution were keen to obtain unanimous support from all twelve states represented in the convention. Their accepted formula for the closing endorsement was: "Done in Convention, by the unanimous consent of the States present". The Congress of the Confederation certified the ratification of eleven states, with North Carolina and Rhode Island holding out until after the Bill of Rights was passed by the new Congress. The Constitution was further influenced by the study of Magna Carta and other federations, both ancient and modern.
The final Necessary and Proper Clause, or Elastic Clause, confers incidental powers upon Congress without requiring express delegation for each power. Article I, Section 9 lists specific limits on congressional power. The Supreme Court has sometimes interpreted the Commerce Clause and the Necessary and Proper Clause broadly, to allow Congress to enact legislation that is neither expressly allowed by enumerated powers nor expressly denied in the limitations on Congress.
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The preamble
> "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."
This paragraph underscores the importance of unity, justice, peace, defence, welfare, and liberty in the nation's highest law. It reflects the desire to unite diverse states and citizens under a single constitution, empowering them as members of a unified whole. The Preamble has been referenced by courts as evidence of the Founding Fathers' intent, helping interpret the Constitution in light of modern circumstances.
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The Bill of Rights
The final part of the US Constitution is composed of the first 10 amendments, known as The Bill of Rights. The US Constitution is made up of a preamble, seven articles, and 27 amendments. The Bill of Rights was ratified on December 15, 1791, and it forms the first part of the amendments.
The first eight amendments in the Bill of Rights focus on protecting individuals' rights and liberties. The ninth amendment states that the listing of specific rights in the Constitution does not imply that other rights not mentioned do not exist or are less important. This amendment ensures that the federal government's powers remain limited and that individual freedoms are broadly protected. The tenth amendment further emphasizes the balance of power by stating that any powers not specifically granted to the federal government are reserved for the states or the people.
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The impact of the Magna Carta
The final document of the US Constitution was engrossed by Jacob Shallus and certified by the Congress of the Confederation on September 17. The Constitution was a federal one and was influenced by the Magna Carta, an ancient text.
The Magna Carta, or "Great Charter", is a medieval English historic legal document that is considered the origin of many modern-day legal rights and constitutional principles. It was signed in 1215, when England was in a civil war between disaffected barons and King John, who was known for his authoritarian governance and abuse of royal power. The rebel barons forced the king to agree to a set of provisions that became the Magna Carta.
The document altered the balance of power by questioning the divine right of kings and laying the groundwork for parliamentary systems and legal changes. It championed individual liberties and established the concept of due process, asserting that the sovereign is not above the law. The Magna Carta also contributed to the development of parliamentary control over taxation, as clauses 12 and 14 imposed limitations on the king's ability to demand feudal aids without consent.
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Frequently asked questions
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 10th amendment of the Bill of Rights states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
The final word of the US Constitution is "Virginia".
The final clause, also known as the Elastic Clause, confers incidental powers upon Congress without the Articles' requirement for express delegation for each power.
Rhode Island was the final state to ratify the US Constitution, only doing so after a threatened trade embargo.
