Eleanor Finch
The US Constitution is the oldest written national constitution still in use and forms the framework for the US government. 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 written constitution. The US Constitution is made up of a preamble, seven articles, and 27 amendments, with the first 10 amendments known as the Bill of Rights.
| Characteristics | Values |
|---|---|
| Age | The oldest and longest-standing written and codified national constitution in force in the world. |
| Authors | 55 delegates to a Constitutional Convention, led by George Washington. |
| Date written | Summer of 1787. |
| Location written | Independence Hall, Philadelphia, Pennsylvania. |
| Date signed | September 17, 1787. |
| Date ratified | June 21, 1788. |
| Number of amendments | 27. |
| Number of articles | 7. |
| Number of words in preamble | 52. |
| Rights | Relatively few compared to other constitutions. Contains 26 of the 60 provisions listed in the average bill of rights. |
| Difficulty of amendment | One of the most difficult constitutions in the world to amend. |
| Amendment process | Two steps: proposal and ratification. |
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What You'll Learn
The US Constitution is the oldest written constitution still in use
The US Constitution is the fundamental law of the US federal system of government and a landmark document of the Western world. It defines the principal organs of government, their jurisdictions, and the basic rights of citizens. The Constitution can only be changed by an extraordinary legislative process of national proposal and state ratification. Amendments to the Constitution must be properly adopted and ratified before they can be implemented. The process involves two steps: first, the proposed amendment must be adopted by either a two-thirds majority in both the Senate and the House of Representatives or by a national convention; second, the amendment must be ratified by three-fourths of the states, either through the consent of the state legislatures or state ratifying conventions.
The US Constitution has had a significant influence on constitutional development in other countries, such as Spain and the Philippines. It has also been noted for guaranteeing relatively few rights compared to other constitutions and for being one of the most difficult constitutions in the world to amend. This difficulty in amending the Constitution has been cited as a contributing factor to the persistence of undemocratic institutions in the United States.
The creation of the US Constitution was a passionate and contentious process, with supporters known as Federalists and opponents known as anti-Federalists. One of the major points of contention was the inclusion of a Bill of Rights to ensure individual liberties. While anti-Federalists like George Mason advocated for it, their efforts were voted down, and the original Constitution did not include a Bill of Rights. It was only later, on December 15, 1791, that the first 10 amendments, or the Bill of Rights, were ratified and added to the Constitution.
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The document was signed on September 17, 1787
The Constitution of the United States is the oldest and longest-standing written and codified national constitution in use in the world. The document was signed on September 17, 1787, marking the end of the drafting process, often referred to as its framing. The signing took place at Independence Hall in Philadelphia, where delegates from 12 of the 13 original states had gathered for the Constitutional Convention. Rhode Island was the only state that refused to send delegates.
The Constitutional Convention was convened with the initial mandate to amend the Articles of Confederation, which were ineffective in meeting the needs of the young nation. However, the delegates quickly moved beyond this mandate and began considering more comprehensive changes. One of the first proposals discussed was introduced by delegates from Virginia, suggesting a bicameral (two-house) Congress elected proportionally based on state population.
The Constitution of the United States has had a significant impact on the country's government and legal system. It established a framework for the nation, uniting a group of states with diverse interests, laws, and cultures into a more perfect union. The document also outlined the powers and responsibilities of the government, with the written Constitution serving as the fundamental law of the land.
Amending the Constitution is a complex process, involving both national proposal and state ratification. The Supreme Court of the United States plays a crucial role in interpreting the Constitution and ensuring that it is upheld as the supreme law of the land. Over the years, various amendments have been made to the Constitution, with the first ten amendments collectively known as the Bill of Rights.
The Constitution holds a significant place in American history and continues to shape the country's political and legal landscape. Its signing on September 17, 1787, marked a pivotal moment in the formation of the United States as a nation, setting the foundation for its governance and the protection of its citizens' rights and liberties.
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It guarantees relatively few rights compared to other constitutions
The US Constitution, composed of a preamble, seven articles, and 27 amendments, is the oldest and longest-standing written and codified national constitution in the world. It is unique in that it establishes a government chartered by the people, with its power conditioned on its ability to guarantee and safeguard the natural rights of every citizen.
Despite this, a 2012 study by David Law and Mila Versteeg found that the US Constitution guarantees relatively few rights compared to other constitutions. It contains fewer than half (26 out of 60) of the provisions listed in the average bill of rights. It is also one of the most difficult constitutions in the world to amend, which has allowed significant democratic backsliding in the United States.
The US Constitution's Bill of Rights, comprising the first 10 amendments, was ratified on December 15, 1791. The ideas of liberty and equality expressed in the Constitution were influenced by the Magna Carta, which stated that no "freeman could be imprisoned or destroyed except by lawful judgment of his peers or by the law of the land." The Virginia Declaration of Rights of 1776, which declared that all people are "by nature equally free and independent and have certain inherent rights," also played a role in shaping the Constitution's principles.
The US Constitution guarantees certain fundamental rights, including life, liberty, and the pursuit of happiness. The Ninth Amendment states that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people. This has been interpreted to include unenumerated rights such as the right to marry, the right to use contraception, and the right to abortion. The Due Process Clause of the Fourteenth Amendment is the source of an array of constitutional rights, including procedural protections, individual rights listed in the Bill of Rights, and fundamental rights not specifically enumerated elsewhere in the Constitution.
The interpretation and application of the Constitution's guaranteed rights have evolved over time. For example, the "substantive due process" jurisprudence has been controversial, with concerns about unelected Supreme Court Justices imposing their policy preferences on the nation. In the early 20th century, the Court used the Due Process Clause to strike down economic regulations that sought to improve workers' conditions, citing a violation of "freedom of contract," which is not specifically guaranteed in the Constitution. However, in the mid-20th century, the Court invoked the "right to privacy," which is also not explicitly guaranteed, to strike down state bans on contraception.
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The US Constitution is difficult to amend
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. It is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights.
There are two steps in the amendment process. Firstly, there are two procedures for adopting the language of a proposed amendment: either by Congress, with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention (which occurs when two-thirds of the state legislatures collectively call for one). Secondly, there are two procedures for ratifying the proposed amendment, requiring the approval of three-fourths of the states (38 of 50): either through the consent of state legislatures or state ratifying conventions.
The complexity of the amendment process has resulted in a drought of amendments over the past three decades, with only 27 amendments ratified out of 33 passed by Congress and sent to the states. The last ratified amendment was the 27th Amendment in 1992, stating that no law varying the compensation for Senators and Representatives shall take effect until after an election of Representatives has taken place.
The Framers of the Constitution likely intended for the amendment process to be challenging, as they wanted the document to be "enduring." However, the difficulty in amending the Constitution has led to concerns about its rigidity and outdated nature in the modern era.
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The Bill of Rights was added later, in 1791
The United States Constitution, the oldest and longest-standing written and codified national constitution, was drafted at the Constitutional Convention in Philadelphia between May 25 and September 17, 1787. However, the Bill of Rights, comprising the first ten amendments, was added later, in 1791.
The Bill of Rights was influenced by the English Bill of Rights of 1689 and Virginia's Declaration of Rights, drafted by George Mason in 1776. Mason, a lifelong champion of individual liberties, criticised the final document of the 1787 Constitutional Convention for lacking constitutional protection of basic political rights. During the debates on the adoption of the Constitution, its opponents repeatedly charged that the document, as drafted, would open the way to tyranny by the central government. They demanded a "bill of rights" that would spell out the immunities of individual citizens. Several state conventions ratified the Constitution with the understanding that amendments would be offered.
On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution to address the arguments most frequently advanced against it. These amendments were officially submitted to the Legislatures of the several States for consideration on September 28, 1789. The following states ratified some or all of the amendments: New Jersey, Maryland, North Carolina, South Carolina, New Hampshire, Delaware, New York, Pennsylvania, and Virginia.
Articles Three through Twelve were ratified as additions to the Constitution on December 15, 1791, and became Amendments One through Ten of the Constitution. Two of the twelve proposed amendments were not ratified: the first concerned the population system of representation, and the second prohibited laws varying the payment of congressional members from taking effect until an election intervened.
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Frequently asked questions
The first constitution of the US is called the Constitution of the United States. It is also referred to as the U.S. Constitution.
The first US Constitution was based on the Articles of Confederation, which was the country's first written constitution. The Articles of Confederation attempted to retain as much independence and sovereignty for the states as possible.
The first US Constitution was written in the summer of 1787 in Philadelphia, Pennsylvania. It was signed by 39 delegates on September 17, 1787, and ratified on June 21, 1788.
