Jonah Patel
Constitution, derived from the Latin 'constitutus', is a word that first appeared in the English language in the 14th century. It refers to the fundamental laws and principles that govern a nation, state, or organization. Constitutions establish the rules and regulations that determine the powers and duties of the government, while also guaranteeing certain rights to the people within that body. While most nations have a written constitution, like the United States, some, like Britain, have an informal set of traditions and statutes that serve as their constitution.
| Characteristics | Values |
|---|---|
| Origin | 14th-century English, from Latin "constitutus" |
| Original meaning | An established law or custom |
| Current meaning | The fundamental laws and principles with which all other laws must conform |
| Examples | The US Constitution, the British Constitution, the Canadian Constitution |
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What You'll Learn
Constitution's origin
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The drafting of the Constitution, often referred to as its framing, was completed at the Constitutional Convention, which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. The convention's initial mandate was limited to amending the Articles of Confederation, which had proven highly ineffective in meeting the young nation's needs. However, delegates began considering measures to replace the Articles almost immediately. The first proposal discussed, introduced by delegates from Virginia, called for a bicameral (two-house) Congress that would be elected on a proportional basis according to state population, an elected chief executive, and an appointed judicial branch. This proposal was known as the Virginia Plan, and an alternative to it, known as the New Jersey Plan, also called for an elected executive but retained the legislative structure created by the Articles of Confederation.
The famous first 52 words of the Constitution, beginning with "We the People," introduce the articles and amendments that follow. The Constitution is composed of the Preamble, seven articles, and 27 amendments. The first ten amendments are known collectively as the Bill of Rights, and they offer specific protections of individual liberty and justice and place restrictions on the powers of government within the U.S. states. The majority of the 17 later amendments expand individual civil rights protections, while others address issues related to federal authority or modify government processes and procedures.
The Constitution was signed on September 17, 1787, and ratified on June 21, 1788. Within three days of its signing, the Constitution was submitted to the Congress of the Confederation, then sitting in New York City, the nation's temporary capital. The document, originally intended as a revision of the Articles of Confederation, instead introduced a completely new form of government. While members of Congress had the power to reject it, they voted unanimously on September 28 to forward the proposal to the thirteen states for their ratification. Under the process outlined in Article VII of the proposed Constitution, the state legislatures were tasked with organizing "Federal Conventions" to ratify the document. This process ignored the amendment provision of the Articles of Confederation, which required unanimous approval of all the states. Instead, Article VII called for ratification by just nine of the 13 states, a two-thirds majority.
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Constitution vs. constitutional
The word "constitution" is a noun, and it refers to the aggregate of fundamental principles and laws that establish the legal basis of a nation, state, or organization and determine how that entity is governed. It can also refer to the physical and psychological characteristics of a person.
The Constitution (with a capital "C") typically refers to a specific nation's constitution, such as the Constitution of the United States, which is a written document that outlines the fundamental principles, laws, and rights of the country's citizens. It establishes the procedures for law-making and defines the powers of the government, including the legislative, executive, and judicial branches. For example, the US Constitution includes the well-known "Establishment Clause" and "Free Exercise Clause," which relate to religious freedom.
"Constitutional," on the other hand, is an adjective that describes something as being consistent with or relating to a constitution. It can be used in the context of legal compliance, such as "the proposed law is constitutional," or to describe something inherent or fundamental to a person or thing, such as "a strong constitution."
While "Constitution" refers specifically to the formal document or set of principles, "constitutional" is a broader term that can be applied to a wide range of concepts and ideas that relate to or are consistent with the principles outlined in a constitution. For example, in the context of US politics, the Supreme Court may rule on whether a particular law is constitutional, and in a medical context, a person may be described as having a strong or weak constitution depending on their physical and mental characteristics.
In summary, "Constitution" and "constitutional" are related but distinct concepts. The Constitution is the formal embodiment of the fundamental principles and laws that govern a nation or state, while "constitutional" describes something that aligns with or relates to those principles and laws.
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Nations with written constitutions
Constitutions are the fundamental laws and principles by which a nation, state, or other organization is governed. They outline the basic structure of the government and the principles of ruling a nation. While many countries have some form of guidelines that function in a similar way, they may be written or unwritten.
Written constitutions are known as codified constitutions and are often the product of drastic political change. They are written in a single document, and their legitimacy is tied to the process used to adopt them. Nations with codified constitutions include the United States, which has a permanent constitution that outlines the basic laws and principles of the nation. Another example is the nation of Britain, which has a written constitution that outlines the rights of its subjects.
In contrast, unwritten constitutions, also known as uncodified constitutions, are those where the fundamental rules take the form of customs, precedent, usage, and a variety of legal instruments and statutes. While the elements of an uncodified constitution are written, they are not codified in a single document. An example of a nation with an unwritten constitution is Britain, whose constitution is based on an informal set of traditions and laws.
The benefits of a codified constitution include giving the constitution supremacy over ordinary statute law. This means that if there is a conflict between the constitution and a legal statute, the statute can be declared unconstitutional by the court. On the other hand, an uncodified constitution is more adaptable, flexible, and resilient because its elements may be recognized or unrecognized by legislators and the courts.
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The US Constitution
Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relation to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure used by the 13 states to ratify the Constitution. The US Constitution includes famous lines such as "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."
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The British Constitution
The foundational constitutional text for what is now the UK is the Magna Carta, issued by King John of England in 1215. The Magna Carta granted the right of Parliament to exist for "common counsel" before any tax, against the "divine right of kings" to rule. Common land was guaranteed to people for farming, grazing, hunting, and fishing, though aristocrats continued to dominate politics. The English constitution and English common law grew up together, very gradually, more as the result of the accretion of custom than through deliberate, rational legislation by a "sovereign" lawgiver.
Parliamentary sovereignty is often seen as a central element in the British constitution, though its extent is contested. It means that an Act of Parliament is the highest form of law, but also that ""Parliament cannot bind itself". In practice, this means that the government may only conduct itself according to legal authority, including respect for human rights. Elections in which all capable adults participate have become a fundamental constitutional principle. The Human Rights Act of 1998 marked a significant change in the relationship between the individual and the state, and between the courts and the political branches of government. It also allowed courts to review government action to decide whether the government had followed the statutory obligation on all public authorities to comply with the European Convention on Human Rights.
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Frequently asked questions
Constitution means the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it.
The word 'constitution' was constituted in 14th-century English, indicating an established law or custom. It is derived from the Latin 'constitutus', the past participle of 'constituere', meaning "to set up".
The word 'constitution' is a noun.
Some examples of usage are "the US Constitution", "the British Constitution", and "the Constitution of Canada".
![Analysis of Civil Government Including a Topical and Tabular Arrangement of the Constitution of the United States. Designed as a Class-Book for the Use of Grammar, Normal, and 1872 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
