Omar Bennett
The US Constitution is a powerful document that has shaped the country's history and continues to guide its present and future. The first phase of the Constitution's development began with the Articles of Confederation, America's first constitution, which gave the Confederation Congress rule-making and funding powers but lacked enforcement and regulatory capabilities. The young nation faced challenges with disputes over territory, war pensions, taxation, and trade, prompting James Madison, Alexander Hamilton, and George Washington to call for a Grand Convention of state delegates to revise the Articles. This led to the creation of a new government structure, with a powerful central government and a separation of powers into three branches: legislative, executive, and judicial. The process of amending the Constitution involves two steps: adoption and ratification, with specific procedures and requirements for each step.
| Characteristics | Values |
|---|---|
| Superseded | Articles of Confederation |
| Date | 4 March 1789 |
| Articles | Originally seven |
| First three articles | Embodied the doctrine of the separation of powers |
| Legislative branch | Bicameral Congress (Article I) |
| Executive branch | President and subordinate officers (Article II) |
| Judicial branch | Supreme Court and other federal courts (Article III) |
| Federalism | Articles IV, V and VI describe the rights and responsibilities of state governments, the states in relation to the federal government, and the shared process of constitutional amendment |
| Amendment process | Two steps |
| Amendment proposal | Must be properly adopted and ratified |
| Amendment adoption | By Congress, with a two-thirds majority in both the Senate and the House of Representatives, or by national convention (whenever two-thirds of state legislatures collectively call for one) |
| Amendment ratification | Requires three-fourths of the states' approval (38 of 50): consent of the state legislatures, or consent of state ratifying conventions |
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What You'll Learn
The Articles of Confederation
The delegates appointed a Committee of Detail to put its decisions in writing. Near the end of the convention, a Committee of Style and Arrangement condensed 23 articles into seven in less than four days. On September 17, 1787, 38 delegates signed the Constitution, with George Reed signing for John Dickinson of Delaware, bringing the total number of signatures to 39.
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Separation of powers
The first phase of the US Constitution is the doctrine of the separation of powers, which divides the federal government into three branches. The first three articles of the Constitution embody this doctrine.
The first branch is the legislative, consisting of the bicameral Congress (Article I). The second branch is the executive, consisting of the president and subordinate officers (Article II). The third branch is the judicial, consisting of the Supreme Court and other federal courts (Article III).
The separation of powers was designed to address the concerns of the Founding Fathers, James Madison, Alexander Hamilton, and George Washington, who feared 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.
The delegates appointed to revise the Articles of Confederation came up with a completely new form of government. Wary about centralized power and loyal to their states, they created a powerful central government with a separation of powers.
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Federal government
The US Constitution outlines the frame of the federal government. The first three articles of the Constitution embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
The legislative branch consists of the bicameral Congress, which is made up of the Senate and the House of Representatives. This branch is responsible for passing laws and has the power to amend the Constitution. To do this, a two-thirds majority is required in both the Senate and the House of Representatives.
The executive branch is made up of the President and their subordinate officers. The President is responsible for executing the laws passed by Congress and has the power to veto legislation.
The judicial branch consists of the Supreme Court and other federal courts. This branch interprets the laws and ensures that they are applied fairly and consistently.
The federal government also has powers and responsibilities in relation to the states. Article IV, Article V, and Article VI of the Constitution describe the rights and responsibilities of state governments, the relationship between the states and the federal government, and the process of constitutional amendment. To amend the Constitution, three-fourths of the states' approval is required, which can be obtained through the consent of state legislatures or state ratifying conventions.
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State governments
The first phase of the US Constitution was the Articles of Confederation, which 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 organise a Grand Convention of state delegates to work on revising the Articles of Confederation.
The US Constitution superseded the Articles of Confederation on March 4, 1789. The Constitution delineates the frame of the federal government and the rights and responsibilities of state governments. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, the executive, and the judicial. The legislative branch consists of the bicameral Congress (Article I); the executive branch consists of the president and subordinate officers (Article II); and the judicial branch consists of the Supreme Court and other federal courts (Article III).
Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. The amendment process involves two steps: first, the proposal must be adopted by either Congress or a national convention, and second, the proposal must be ratified by three-fourths of the states.
The relationship between state governments and the federal government is complex and dynamic. While the federal government has the ultimate authority, state governments often have a significant amount of autonomy and influence. They can advocate for their interests and the interests of their citizens at the federal level and can even challenge federal laws and policies if they believe they are unconstitutional. Overall, the US Constitution establishes a system of federalism that balances the powers and responsibilities between the state and federal governments.
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Constitutional amendment
The first phase of the US Constitution was the Articles of Confederation, which was America's first constitution. It 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.
The US Constitution can be amended, but there are two steps in the amendment process. Proposals to amend the Constitution must be properly adopted and ratified before they change the Constitution. First, there are two procedures for adopting the language of a proposed amendment:
- Congress, by two-thirds majority in both the Senate and the House of Representatives
- National convention (which shall take place whenever two-thirds of the state legislatures collectively call for one)
Second, there are two procedures for ratifying the proposed amendment, which requires three-fourths of the states' (presently 38 of 50) approval:
- Consent of the state legislatures
- Consent of state ratifying conventions
The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided 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). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment.
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Frequently asked questions
The Articles of Confederation.
The Articles of Confederation was the first constitution of the US, which 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.
Disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
