Omar Bennett
The United States Constitution is the supreme law of the United States of America. It was signed on September 17, 1787, and ratified on June 21, 1788. The Constitution is made up of seven articles, with the first three embodying the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. The Constitution's closing endorsement serves an authentication function, documenting the validity of the Constitution, and recording who signed it, and when and where.
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What You'll Learn
The US Constitution is the supreme law
The Constitution's seven articles outline the framework of the federal government. Article I, Section 1 is a vesting clause that bestows federal legislative power exclusively to Congress. Article II confers executive power upon the president alone, while Article III grants judicial power solely to the federal judiciary. The Constitution also delineates the rights and responsibilities of state governments and their relationship to the federal government. For instance, Article I, Section 3 provides that each state is entitled to two senators, serving staggered six-year terms, with one vote each. This clause has since been superseded by the Seventeenth Amendment, which allows for the direct election of senators by the people of each state.
The Constitution has been amended 27 times, starting with the Bill of Rights, which comprises the first ten amendments ratified in 1791. Amendments are proposed and ratified to address evolving societal needs and issues. For example, the Thirteenth Amendment, ratified in 1865, abolished slavery, while the Child Labor Amendment, proposed in 1924, seeks to authorize Congress to regulate and prohibit the labour of minors. The process of amending the Constitution is outlined in Article V, which also shields certain clauses from being amended, such as the clause guaranteeing equal representation.
The US Constitution is influenced by various sources, including the Magna Carta, other ancient and extant federations, and the Enlightenment philosophies of thinkers like Montesquieu, Locke, Coke, and Blackstone. The Due Process Clause, for instance, is partly based on the Magna Carta's principles of liberty and protection against arbitrary power. The structure and content of the Constitution, with its emphasis on separation of powers and personal liberties, reflect the influence of these diverse sources.
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It superseded the Articles of Confederation
The US Constitution superseded the Articles of Confederation, which was the nation's first constitution. The Articles of Confederation were adopted by the Continental Congress on November 15, 1777, and served as the United States' first constitution from March 1, 1781, until 1789 when the present-day Constitution came into effect.
The Articles of Confederation established a "league of friendship" for the 13 sovereign and independent states. Each state retained "every Power... which is not by this confederation expressly delegated to the United States". The Articles outlined a Congress with representation not based on population; each state had one vote in Congress. The Articles also gave Congress the authority to regulate and fund the Continental Army, but it lacked the power to compel the states to comply with requests for troops or funding. This left the military vulnerable to inadequate resources and funding.
The Articles were largely a failure as a tool to build a centralized war-making government. The central government had limited power to regulate commerce, levy taxes, or set commercial policy. It also could not effectively support a war effort or settle disputes between states. As the Confederation Congress attempted to govern the continually growing 13 colonial states, its delegates discovered that limitations on the central government, such as in assembling delegates, raising funds, and regulating commerce, hindered its ability to govern effectively.
The US Constitution, which came into effect on March 4, 1789, delineates the framework of the federal government. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government 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).
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It outlines the legislative, executive, and judicial branches
The US Constitution, signed on September 17, 1787, and ratified on June 21, 1788, consists of a preamble, seven articles, and 27 amendments. The first three articles 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, consisting of the bicameral Congress (Article I), is responsible for making laws. It includes the House of Representatives and the Senate, with each state entitled to two senators serving staggered six-year terms. Congress is responsible for regulating elections, assembling at least once a year, and passing laws.
The executive branch, consisting of the President and subordinate officers (Article II), is responsible for enforcing laws and administering the government. The President, along with the Vice President, is elected by the people and serves a four-year term. The executive branch includes various departments and agencies that assist in governing the country.
The judicial branch, consisting of the Supreme Court and other federal courts (Article III), is responsible for interpreting laws and ensuring justice. The Supreme Court, led by the Chief Justice, has the final say in legal matters, including constitutional interpretation. The judicial branch also includes inferior courts, whose judges are appointed and compensated, and they hold office during good behaviour.
The separation of powers among these branches is fundamental to the idea of a limited government accountable to the people. Each branch exercises its own constitutional powers, with checks and balances in place to prevent the concentration of power in one branch. This structure, influenced by Enlightenment philosophers such as Montesquieu and John Locke, ensures a balanced and democratic system of governance.
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It was influenced by the study of the Magna Carta
The United States Constitution was influenced by the study of the Magna Carta, a 13th-century pact between King John of England and a group of rebellious barons, who forced the king to agree to a list of concessions. Centuries later, America's Founding Fathers drew inspiration from this pact as they crafted the nation's foundational documents, including the Declaration of Independence, the Constitution, and the Bill of Rights.
The Founding Fathers, including political thinkers like Benjamin Franklin and Thomas Jefferson, viewed the Magna Carta as a potent symbol of liberty and the natural rights of man against oppressive or unjust rule. They believed that the Magna Carta represented an ancient pact safeguarding individual liberty and limiting governmental power. This interpretation of the Magna Carta as a charter of universal legal rights, however, has been characterised by some historians as a myth created much later. Nonetheless, it was this interpretation that shaped the Founding Fathers' political convictions and influenced the content of the US Constitution.
The influence of the Magna Carta is evident in the principles enshrined in the US Constitution, such as the theory of representative government, the idea of a supreme law, and judicial review. The document's phraseology, "by the law of the land," was used in all American documents prior to the Constitution, and its concepts of individual rights and checks on governmental power were central to the Founding Fathers' political ideology. The Fifth Amendment, guaranteeing due process of law, and the Sixth Amendment, ensuring a speedy trial, are also rooted in the political thought stemming from the Magna Carta.
The Bill of Rights, the first ten amendments to the US Constitution, is perhaps the clearest reflection of the Magna Carta's influence. Amendments five through seven set ground rules for a fair and speedy jury trial, while the Eighth Amendment prohibits excessive bail and fines, echoing the Magna Carta's clause on proportional punishment. The Founding Fathers intended to create a Magna Carta for a new era, adapting and building upon the principles found in this influential medieval document.
The Magna Carta's influence extends beyond the US Constitution, impacting the constitutions of individual states and other nations. Many state constitutions included declarations of rights intended to guarantee protections and immunities for individual citizens from state governments. The Virginia Charter of 1606, for example, granted colonists the same "liberties, franchises, and immunities" as people born in England. Similarly, the Fundamental Rights in the Indian Constitution, as outlined in Part III, are more elaborate than those found in other constitutions and are inspired by the US Bill of Rights, which itself was influenced by the Magna Carta.
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It has been amended 27 times
The US Constitution has been amended 27 times since its ratification in 1788. The first ten amendments, known as the Bill of Rights, were ratified in 1791. The most recent amendment, the 27th Amendment, was ratified in 1992. The Constitution outlines the framework of the federal government and is the supreme law of the United States.
The first three articles of the Constitution embody the doctrine of the separation of powers, dividing the federal government 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). This separation of powers is fundamental to the idea of a limited government accountable to the people. Each branch may exercise only its own constitutional powers, and no others.
The Constitution has been amended to address issues such as voter qualification standards, the power of states, and the rights of citizens. For example, the Seventeenth Amendment, ratified in 1913, superseded the original clause providing that each state legislature would elect two senators. Instead, it provided for the direct election of senators by the people of each state.
The process for amending the Constitution is outlined in Article V. This article specifies the means by which the Constitution can be amended and shields certain clauses from being amended. Amendments can be proposed by a two-thirds vote in both houses of Congress or by a national convention called by Congress in response to requests from two-thirds of the state legislatures. Ratification of amendments requires approval by three-quarters of the state legislatures or by state ratifying conventions in three-quarters of the states.
The US Constitution is a living document that has evolved over time to meet the changing needs of the nation. The amendment process allows for necessary changes to be made while ensuring a careful and deliberate approach to altering the nation's foundational charter.
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Frequently asked questions
The US Constitution is the supreme law of the United States of America. It outlines the frame of the federal government and consists of seven articles.
The seven articles make up the structural constitution. They are: Article I, Article II, Article III, Article IV, Article V, Article VI, and Article VII.
The first three articles 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 (Article I).
The executive branch consists of the President and subordinate officers (Article II).
