Simone Lawson
The US Constitution is the oldest written national constitution still in use today. It was written in 1787 in Philadelphia, Pennsylvania, by 55 delegates to a convention that was ostensibly called to amend the Articles of Confederation, the country's first constitution. The Constitution superseded the Articles of Confederation on March 4, 1789, and has since been amended numerous times. The Constitution defines the basic framework of the federal government and the rights of citizens. It consists of a preamble and seven articles, the first three of which embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. The US Constitution has been a notable model for governance worldwide, influencing the principles of the rule of law, separation of powers, and recognition of individual rights in other nations.
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What You'll Learn
The US Constitution's influence on governance worldwide
The US Constitution has been a notable model for governance worldwide, especially in the 1970s. Its influence can be seen in the similarities of phrasing and borrowed passages in other constitutions, as well as in the principles of the rule of law, separation of powers, and recognition of individual rights. The US Constitution has had a profound impact on the history of ideas and legal thinking, with its effects being observed since September 17, 1787, when it was signed in Philadelphia.
Nationalists such as Jose Rizal of the Philippines and Sun Yat-sen of China drew inspiration from the US Constitution in their calls for political reform. Rizal advocated for reforms from the Spanish government, including basic freedoms, reinstating the former representative parliament in the Philippines, and equality among Filipinos. He cited the US Constitution in pushing for Filipino representation in the Spanish Parliament. Sun Yat-sen was heavily influenced by the US Constitution in forming a provisional Republican government in China in the early 20th century.
The Australian Constitution also integrated federal ideas from the US Constitution, adopting a federal system with a senate representing the states. It embraced the concepts of a formal separation of power and judicial review. Additionally, the US Constitution informed Abraham Lincoln during the American Civil War, his contemporary and ally Benito Juárez of Mexico, and the second generation of 19th-century constitutional nationalists.
The influence of the US Constitution can be attributed to its expression of Americans' divergence from colonial rule. Its framework for governance, including the separation of powers and recognition of individual rights, has inspired many nations in their pursuit of self-governance and constitutional reform. However, it is important to note that the influence of the US Constitution has been waning in recent decades as countries have created new constitutions or updated older ones.
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The Constitution's federal government framework
The US Constitution is the oldest written national constitution still in use. It is considered a cornerstone of a civil religion, holding together a multi-ethnic, multi-sectarian United States. The Constitution has also served as a model for governance worldwide, influencing other constitutions in both principles and phrasing.
The legislative branch consists of a bicameral Congress, with the power to pass laws and appropriate federal funds, known as the "power of the purse". Congress also has the authority to propose and ratify amendments to the Constitution, and to set the president's salary.
The executive branch is made up of the president and subordinate officers. The president must be a natural-born citizen, have lived in the US for at least 14 years, and be at least 35 years old. They are prohibited from receiving any compensation or perks other than their salary during their term.
The judicial branch comprises the Supreme Court and other federal courts. The Supreme Court plays a crucial role in interpreting the Constitution, such as in the "doctrine of incorporation", where it applied the Bill of Rights to state and local governments.
Articles IV, V, and VI of the Constitution embody the concepts of federalism, outlining the rights and responsibilities of state governments in relation to the federal government, and the process of constitutional amendment. The amendment process involves two steps: proposal and ratification. Proposals must be adopted by a two-thirds majority in Congress or through a national convention. Ratification requires the approval of three-fourths of the states, either through their legislatures or state ratifying conventions.
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The separation of powers
The United States Constitution outlines the framework for the country's federal government, with its first three articles embodying the doctrine of the separation of powers. This doctrine divides the federal government into three branches: the legislative, the executive, and the judicial.
The legislative branch, consisting of the bicameral Congress (the Senate and the House of Representatives), is responsible for making laws. The executive branch, led by the President, is tasked with enforcing these laws. The President is the Commander-in-Chief of the Army and Navy and has the power to make treaties, appointments, and ensure the execution of laws. Lastly, the judicial branch, comprising the Supreme Court and other federal courts, is responsible for interpreting the laws.
The process of amending the Constitution further showcases the separation of powers. Any amendments must be proposed by two-thirds of both the Senate and the House of Representatives or through a national convention called by two-thirds of state legislatures. For ratification, three-fourths of the states must approve, either through their legislatures or state ratifying conventions.
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The amendment process
The US Constitution is the oldest written national constitution still in use. It is considered a cornerstone of civil religion, holding together a multi-ethnic, multi-sectarian United States. The Constitution has also been a model for governance worldwide, influencing other constitutions in both principles and phrasing.
The US Constitution has a two-step amendment process. Firstly, a proposal to amend the Constitution must be adopted by either Congress, with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention, which can be called if two-thirds of state legislatures request one.
The second step is the ratification of the proposed amendment, which requires the approval of three-fourths of the states (38 out of 50). This can be done via the consent of state legislatures or state ratifying conventions, with Congress deciding the ratification method for each amendment. State ratifying conventions have only been used once, for the Twenty-first Amendment.
The Archivist of the United States is responsible for overseeing the ratification process. Amendments that have been ratified still include the original text, with provisions that are no longer applicable usually bracketed or italicized.
Amendments to the Constitution have been used to modify the line of succession, as seen in Amendment XXV, added in 1967. Another example is Amendment XVI, which authorized Congress to establish a national income tax.
The Fourteenth Amendment is also notable, as it has been used frequently in modern court cases. It was intended to guarantee the right of citizenship and overturn the decision in Dred Scott v. Sanford, which was considered one of the Supreme Court's worst mistakes.
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The Constitution's role in civil religion
The United States Constitution has been viewed by some Americans as a cornerstone of civil religion, holding together a multi-ethnic and multi-sectarian nation through political orthodoxy. The Constitution's role in civil religion is complex, given its limited direct engagement with religion.
The Constitution's main provisions include seven articles that define the basic framework of the federal government, with the first three articles embodying the doctrine of the separation of powers. Notably, the document's opening words, "We the People," represented a novel idea that the people, not the states, were the source of the government's legitimacy. This phrase, coined by Gouverneur Morris of Pennsylvania, set the tone for a Constitution that aimed to empower individuals rather than states.
While the Constitution itself does not extensively discuss religion, two key clauses in the First Amendment address religious freedom: the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits Congress from establishing or adopting any particular religion, ensuring a neutral stance towards different faiths. The Free Exercise Clause protects individuals' right to believe and practice their religion without interference from Congress. These clauses reflect the Constitution's role in shaping a secular nation where religious freedom is guaranteed.
The Fourteenth Amendment further solidified the protections of religious freedom, making them enforceable against state and local governments. Supreme Court decisions, such as Cantwell v. Connecticut, upheld religious freedom by ruling that local ordinances requiring licenses for religious solicitation violated the Free Exercise Clause. Additionally, the Court has interpreted limits to the Free Exercise Clause, allowing the government to legislate against certain religious practices, such as bigamy and peyote use.
The Constitution's influence on civil religion extends beyond legal clauses. The document's adoption and amendment processes, outlined in Article V, demonstrate a commitment to a secular nation. The procedures ensure that any changes to the Constitution must be properly adopted and ratified, requiring approval from a significant portion of the states. This careful approach to governance reflects a respect for the diverse religious beliefs of Americans.
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Frequently asked questions
The US Constitution is the oldest written national constitution in use. It defines the basic framework of the federal government, the rights of citizens, and the responsibilities of state governments.
The US Constitution is defined by the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial. It also establishes the procedure for future amendments and ratification.
The preamble is an introduction to the US Constitution, communicating the intentions of its framers and the purpose of the document. It outlines five objectives, including "establish justice" and "secure the blessings of liberty".
