Eleanor Finch
The United States Constitution, which came into effect in 1789, has been amended 27 times since its inception in 1787. The first ten amendments, known as the Bill of Rights, were added to limit government power and protect individual liberties. The Constitution was written to replace the Articles of Confederation, which was the first constitution of the United States, with a new form of government. The Bill of Rights was influenced by the 13th-century pact, the Magna Carta, which was seen as a symbol of liberty and natural rights by the Founding Fathers. The Constitution has faced criticisms over the years, including its vague wording and lack of specific protections for individual rights.
| Characteristics | Values |
|---|---|
| Written in Philadelphia, Pennsylvania, in 1787 | Individual liberty and justice |
| Replaced the Articles of Confederation | Restrictions on the powers of the government |
| Created a federal system with a national government composed of 3 separated powers | Protection of civil liberties |
| Written by delegates from 12 states | Protection of state powers |
| Influenced by the 13th-century pact, Magna Carta | Freedom of speech and religion |
| Right to bear arms | |
| Right to a trial by jury |
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What You'll Learn
The influence of the Magna Carta
The Magna Carta, or the "Great Charter", was a 13th-century pact that inspired America's Founding Fathers as they wrote the nation's founding documents, including the Constitution. The document was penned in 1215 when a group of rebellious barons forced King John of England to agree to a list of concessions. While the Magna Carta was primarily intended to protect the powerful Church and nobility in medieval feudal England, it introduced legal concepts that persisted over time and influenced American law.
The Founding Fathers, including Thomas Jefferson and Benjamin Franklin, revered the Magna Carta as a potent symbol of liberty and the natural rights of man against an oppressive or unjust government. They saw it as an ancient pact safeguarding individual liberty. The influence of the Magna Carta was felt at the Philadelphia Constitutional Convention in 1787, when the principles of due process and individual liberty were enshrined into law.
The legacy of the Magna Carta is reflected in the Bill of Rights, the first 10 amendments to the Constitution. For instance, the Eighth Amendment, which prohibits excessive bail and fines, can be traced back to the 20th clause of the Magna Carta. The Fifth Amendment, which guarantees due process, and the Sixth Amendment, which guarantees a speedy trial, are also founded in the political thought that grew from the Magna Carta.
The phrase "by the law of the land" from the Magna Carta was used in all American documents prior to the Constitution. James Madison, in "The Federalist Papers", explicitly referenced the 40th clause of the Magna Carta, writing, "Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit."
The Magna Carta's influence extended beyond specific legal concepts and amendments. It created the moral and political premise upon which the American founding was built. The document represented the idea that people could assert their rights against an oppressive ruler and that the power of the government could be limited to protect those rights. These concepts were foundational to the Declaration of Independence and the United States Constitution.
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The Declaration of Independence
The Bill of Rights was added to the Constitution to limit government power and protect individual liberties. James Madison wrote these amendments, which include protections for freedoms of speech and religion, the right to bear arms, due process, and trial by jury. The Bill of Rights also ensures that certain powers are reserved for the states or the people.
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The Articles of Confederation
The Articles provided for a unicameral legislature with limited powers, where each state had one vote and served one-year terms with term limits. The presiding officer of Congress, referred to as the "President of the United States in Congress Assembled," performed administrative functions but was not an executive as all functions were under Congress's control. The Articles also outlined a process for admitting new states to the Union, with a special provision for the Province of Quebec, which ultimately chose not to join.
The shortcomings of the Articles of Confederation led to calls for reform and the convening of the Constitutional Convention in Philadelphia in May 1787. The delegates decided to create a completely new form of government, resulting in the Constitution of the United States, which remains in effect today. One of the most significant changes was the establishment of three branches of government: the executive, legislative, and judicial, with a separation of powers to prevent concentration in a single branch.
The Constitution also addressed taxation and commerce, granting Congress the power to regulate interstate commerce and tax individuals, strengthening the federal government's authority. It created a bicameral legislature with a House of Representatives elected by popular vote and a Senate appointed by state legislatures, with each member having one vote. The Constitution's ratification process differed from the Articles, requiring approval from just nine of the 13 states, rather than unanimous approval.
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The Bill of Rights
The United States Bill of Rights, comprising the first ten amendments to the US Constitution, was proposed after the 1787–88 debate over the ratification of the Constitution and written to address objections raised by Anti-Federalists, who wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty. The amendments add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble, as well as other natural and legal rights.
The American Bill of Rights, inspired by Thomas Jefferson, was drafted by James Madison, then a member of the US House of Representatives. Madison focused on rights-related amendments, ignoring suggestions that would have structurally changed the government. He introduced a list of amendments to the Constitution on June 8, 1789, and worked tirelessly to secure its passage. The House debated the amendments and approved 17, which were then sent to the Senate for approval in August 1789. The Senate made further changes, reducing the number of amendments to 12, which were approved on September 9, 1789. Articles Three through Twelve were ratified as additions to the Constitution on December 15, 1791, and became Amendments One through Ten of the Constitution.
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The Reconstruction Amendments
The 13th Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. This amendment irrevocably abolished slavery throughout the United States, marking a significant shift in the Constitution and the country's history.
The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection of the laws for all persons. It defines all people born in the United States as citizens, requires due process of law, and ensures equal protection for everyone. Thaddeus Stevens, the Republican floor leader in the House of Representatives, was a key figure in advocating for this amendment, embodying the struggle against slavery and for equal rights for African Americans.
The 15th Amendment, proposed in 1869 and ratified in 1870, prohibits federal and state governments from denying a citizen's right to vote based on race, colour, or previous condition of servitude. This amendment was a response to the restriction of voting rights to white men in all states by 1869. It aimed to protect the franchise of black men and ensure their political participation.
These Reconstruction Amendments were intended to guarantee the freedom and civil rights of formerly enslaved people, protect them and all citizens of the United States from discrimination, and establish equality for African Americans. They transformed the Constitution by shifting its focus from federal-state relations and property rights to the protection of vulnerable minorities and their claim to substantive freedom. However, the promise of these amendments was initially undermined by state laws and federal court decisions in the late 19th century, with important Supreme Court decisions such as the Slaughter-House Cases in 1873 and Plessy v. Ferguson in 1896, which gave federal approval to Jim Crow laws that limited the rights of African Americans. It was not until the mid-20th century, with landmark Supreme Court decisions and civil rights legislation, that the full benefits of these amendments were realized.
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Frequently asked questions
The US Constitution was written to replace the Articles of Confederation with a new form of government.
The 13th-century pact between rebellious barons and King John of England inspired America's Founding Fathers as they wrote the US Constitution. The pact symbolised liberty and the natural rights of man against an oppressive government.
The US Constitution was criticised for its vagueness and lack of specific protection against tyranny. It also did not originally define who was eligible to vote, nor did it abolish slavery or give citizenship and voting rights to former slaves.
The Bill of Rights is the first 10 amendments to the US Constitution, defining citizens' and states' rights in relation to the government.
Since the Constitution became operational in 1789, it has been amended 27 times.
