Jonah Patel
The United States Constitution, which begins with the words We the People, is the country's supreme law. It was drafted in 1787 and ratified in 1788, and since then, it has been amended 27 times. The Constitution outlines the framework of the federal government, including the legislative, executive, and judicial branches. The legislative branch consists of a bicameral Congress, the executive branch is led by the President, and the judicial branch comprises the Supreme Court and other federal courts. The Constitution also establishes the rights and responsibilities of state governments and the process for constitutional amendments. The document was handwritten by Jacob Shallus on parchment and is on display at the National Archives Museum.
| Characteristics | Values |
|---|---|
| Transcribed by | Jacob Shallus |
| Date of transcription | November 4, 2015 |
| Date of drafting | May 25, 1787 - September 17, 1787 |
| Date of ratification | June 21, 1788 |
| Date of coming into force | March 4, 1789 |
| Number of amendments | 27 |
| First 10 amendments | The Bill of Rights |
| Number of pages | 5 |
| Type of paper | Parchment |
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What You'll Learn
- James Madison, known as the Father of the Constitution, was the primary author
- Judicial review: the power of the Supreme Court to review the constitutionality of laws
- Justices: the Supreme Court justices are nominated by the President
- Jurisdiction: the Constitution outlines the jurisdiction of federal courts
- Jacob Shallus: the Constitution was handwritten by Jacob Shallus on parchment
James Madison, known as the Father of the Constitution, was the primary author
The original intent of the convention was to amend the Articles of Confederation, which had proven inadequate in meeting the needs of the fledgling nation. However, the delegates quickly moved beyond this limited mandate and began considering proposals to replace the Articles entirely. The first such proposal, known as the Virginia Plan, called for a bicameral (two-house) Congress with representation proportional to state population, an elected chief executive, and an appointed judiciary.
James Madison, a delegate from Virginia, played a pivotal role in the convention proceedings. He is credited with introducing the Virginia Plan and was a driving force behind many of the ideas that shaped the final document. Madison's contributions were not limited to the convention, as he also played a key role in the ratification process that followed. He worked tirelessly to ensure that the Constitution was adopted and became the supreme law of the land.
The Constitution superseded the Articles of Confederation on March 4, 1789, and it has since been amended 27 times. The first ten amendments, collectively known as the Bill of Rights, were ratified on December 15, 1791, and they provide specific protections for individual liberties and justice while restricting the powers of the government. James Madison's influence extended beyond the drafting of the Constitution, as he also played a significant role in shaping the early years of the nation, serving as the fourth President of the United States from 1809 to 1817.
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Judicial review: the power of the Supreme Court to review the constitutionality of laws
Judicial review is a fundamental concept in the US system of government, wherein the actions of the executive and legislative branches are subject to review and possible invalidation by the judiciary. It allows the Supreme Court to ensure that the other branches of government abide by the Constitution. While the US Constitution does not explicitly define the power of judicial review, the authority for it has been inferred from its structure, provisions, and history.
The Supreme Court has final appellate jurisdiction in all cases arising under the Constitution and can decide whether statutes are consistent with it. The concept of judicial review was familiar to the framers and the public before the Constitutional Convention. Several state court cases involving judicial review were referenced during debates at the convention, with the greatest number of references occurring during the discussion of the Virginia Plan. This plan included a "council of revision" that would have examined and accepted or rejected proposed new federal laws, similar to a presidential veto.
The power to declare laws unconstitutional has been deemed an implied power, derived from Article III and Article VI of the Constitution. Judicial review of the government was established in the landmark decision of Marbury v. Madison, where the Supreme Court asserted its power to invalidate legislation enacted by Congress. This case has served as the foundation for judicial review ever since, with the Supreme Court playing a crucial role in interpreting the law and deciding which laws violate the Constitution.
In the period from 1960 to 2019, the Supreme Court held 483 laws unconstitutional in whole or in part, demonstrating its active role in reviewing the constitutionality of laws and ensuring the maintenance of checks and balances in the US democratic system.
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Justices: the Supreme Court justices are nominated by the President
The President nominates Supreme Court justices. This is in accordance with Article II, Section 2 of the Constitution, which states that the President "shall nominate, and by and with the Advice and Consent of the Senate" appoint Supreme Court justices. The Senate Committee on the Judiciary holds hearings on the nominations, and the Senate votes to confirm or reject the nominees. This process has been in place since 1789, and there is a rich history of Supreme Court nominations and appointments.
The nomination process is an important aspect of the President's role, and it has been studied and analysed extensively. The President's nominees for the Supreme Court are selected based on a variety of factors, and the process is a significant event in American politics. The nomination and confirmation of Supreme Court justices can shape the Court's decisions and interpretations of the Constitution for years to come.
The President's role in nominating Supreme Court justices is a key example of the executive branch's influence on the interpretation of the Constitution. While the judiciary is primarily responsible for interpreting the Constitution, the executive and legislative branches also play a role through the nomination and confirmation process of justices. This process allows for a diverse range of perspectives and ideologies to be represented on the Supreme Court.
The nomination and confirmation process for Supreme Court justices is a complex and rigorous procedure. Nominees are scrutinised by the Senate Judiciary Committee, and their qualifications, backgrounds, and ideologies are thoroughly examined. The Senate plays a crucial role in providing a check and balance on the President's power to appoint justices. The "Advice and Consent of the Senate" ensures a collaborative effort between the executive and legislative branches in shaping the composition of the Supreme Court.
The President's nomination power is an essential aspect of the American system of checks and balances. It allows for a degree of political influence in the selection of Supreme Court justices, while also ensuring that the Court maintains its independence and integrity. The process of nominating and confirming justices involves careful consideration of the nominees' legal expertise, professional backgrounds, and ability to interpret the Constitution objectively.
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Jurisdiction: the Constitution outlines the jurisdiction of federal courts
Jurisdiction is a key concept in the US Constitution, which outlines the powers and responsibilities of the federal government, including the federal courts. The Constitution, which came into force in 1789, has been amended 27 times since then, with the first ten amendments collectively known as the Bill of Rights.
The Constitution is composed of a preamble, seven articles, and these amendments. The first three articles embody the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial. The legislative branch consists of a bicameral Congress (Article I); the executive branch is made up of the President and subordinate officers (Article II); and the judicial branch includes the Supreme Court and other federal courts (Article III).
The Supreme Court, as outlined in Clause 2 of Section 2, has original jurisdiction in cases involving ambassadors, ministers, and consuls, as well as in controversies involving foreign nations and those subject to federal judicial power due to the involvement of at least one state. Cases arising under US laws and treaties, international maritime law, and conflicting land grants between states fall under the jurisdiction of federal courts. Additionally, cases between US citizens from different states or between US citizens and foreign states and their citizens come under federal jurisdiction, with trials held in the state where the crime was committed.
The Constitution's Article IV, Article V, and Article VI further elaborate on the concept of federalism, outlining the rights and duties of state governments and their relationship with the federal government. These articles also detail the shared process of constitutional amendment, reflecting the dynamic nature of the Constitution and its ability to adapt to changing circumstances.
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Jacob Shallus: the Constitution was handwritten by Jacob Shallus on parchment
Jacob Shallus, born in 1750, was the son of German immigrants who had settled in Pennsylvania in 1749. Shallus was a merchant in Philadelphia and a veteran of the Revolutionary War, during which he served as a quartermaster in the First Pennsylvania Battalion. He was also a volunteer who fought in Canada and assisted in the outfitting of a privateering vessel, the Retrieve.
At the time of the Constitutional Convention in Philadelphia, Shallus served as the Assistant Clerk to the Pennsylvania General Assembly. On September 15, 1787, the delegates approved the final draft of the Constitution and ordered it to be engrossed on parchment, with Shallus being chosen as the calligrapher. He was likely recommended for the job by Thomas Mifflin, a Pennsylvania Convention delegate who had signed many acts engrossed by Shallus.
Shallus was paid $30 (equivalent to US$749 in 2024) for his work. He engrossed the entire document, except for the list of states at the end, which is in Alexander Hamilton's handwriting. Shallus wrote on four sheets of parchment made from treated animal skin (calf, goat, or sheep) and measuring 28 3/4 inches by 23 5/8 inches. Using a goose quill and black ink made from iron filings in oak gall, he wrote over 25,000 letters in nearly 4,500 words, completing the task on September 16, 1787, just in time for the signing the next day.
The original handwritten Constitution by Shallus is on display in the Rotunda of the Charters of Freedom at the National Archives Building in Washington, D.C. Shallus's name does not appear on the document, but an investigation in 1937 for the 150th anniversary of the Constitution confirmed his identity as the transcriber.
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Frequently asked questions
Jacob Shallus, who transcribed the US Constitution by hand on parchment.
Jacob Shallus was responsible for transcribing the US Constitution by hand on parchment. The original document, inscribed by Shallus, is on display in the Rotunda at the National Archives Museum.
The US Constitution is the supreme law of the United States, consisting of a preamble, seven articles, and 27 amendments. It was drafted at the Constitutional Convention in Philadelphia in 1787 and has been amended multiple times to expand individual liberties and civil rights protections. The Constitution outlines the separation of powers into three branches: legislative, executive, and judicial.
