Eleanor Finch
The United States Constitution is a written document that outlines the general goals of its framers, including the establishment of a just government, the assurance of peace, and the protection of individual liberty and justice. It has been amended 27 times since it came into force in 1789, with the first ten amendments known as the Bill of Rights. The Constitution is composed of the Preamble, seven articles, and these amendments, which are appended to the original document. The original US Constitution was handwritten on parchment by Jacob Shallus and is displayed in the Rotunda at the National Archives Museum. The document has been interpreted, supplemented, and implemented by federal constitutional law and has influenced other nations' constitutions.
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What You'll Learn
The US Constitution's preamble and general goals
The preamble to the US Constitution is an introductory statement that outlines the intentions, goals, and principles that guided the creation of the Constitution. It sets the tone and provides context for the rest of the document. The Preamble reads:
> "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."
This opening statement emphasizes the idea of a government by and for the people, with the goal of creating a more unified nation. It highlights key objectives such as establishing justice, ensuring peace within the nation, providing for the common defence, promoting the general welfare, and securing liberty for both the present and future generations.
The Preamble serves as a "job description" for the newly formed government, outlining its goals and responsibilities. While it does not grant powers or confer rights, it communicates the aspirations and expectations of "We the People" for their government and the nation as a whole. It embodies the belief that the government should work to meet the needs of its citizens and protect their freedoms.
The Preamble is a reminder of the core values and principles upon which the United States was founded and continues to serve as an important symbol of American democracy. It reflects the country's commitment to creating a fair and just society, where the well-being and liberty of its citizens are prioritized. Despite the challenges of balancing freedom and government-imposed order, the Preamble's ideals remain a guiding force in shaping the nation's laws and policies.
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Amendments to the Constitution
The United States Constitution has been amended 27 times since it became operational in 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791, and offer protections of individual liberty and justice and restrictions on the powers of the government within the US states. The majority of the 17 later amendments expand individual civil rights protections, address issues related to federal authority, or modify government processes and procedures.
Amending the Constitution is a two-step process designed to balance the need for change with the need for stability. An amendment may be proposed and sent to the states for ratification by either a two-thirds majority in both the Senate and the House of Representatives or a national convention called by Congress on the application of two-thirds of state legislatures. This second option has never been used.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 states since 1959) through one of two methods: the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The Twenty-first Amendment, ratified in 1933, is the only amendment to be ratified through a state ratifying convention. It repealed the Eighteenth Amendment (ratified in 1919), which established the prohibition of alcohol.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress, covering numerous topics. However, none of the proposals made in recent decades have become part of the Constitution. The last proposal to gain the necessary two-thirds support in both the House and the Senate for submission to the states was the District of Columbia Voting Rights Amendment in 1978.
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The Constitution's legislative, executive and judicial branches
The Constitution of the United States of America is the nation's first permanent constitution, which came into operation in 1789 and has since been amended 27 times. The constitution is interpreted, supplemented, and implemented by a large body of federal constitutional law and has influenced the constitutions of other nations.
The Constitution separates the powers of government into three branches: legislative, executive, and judicial. The legislative branch is granted all legislative powers, which are vested in the Congress of the United States, consisting of a Senate and House of Representatives. The executive power is given to the President, who administers the laws. The judicial branch, which includes the Supreme Court and other federal courts, has the power to interpret and enforce the laws.
The separation of powers ensures that no one person or group can create, administer, and enforce the laws. Each branch acts as a check on the power of the other two, and they are all required to work together. For example, federal laws are passed by Congress and signed by the President, and the judicial branch decides the constitutionality of these laws. The Supreme Court, which was initially made up of jurists intimately connected with the framing of the Constitution, has used The Federalist Papers as a supplemental guide to interpreting the Constitution.
The legislative branch, or Congress, has unique and limited powers contained in Article I of the Constitution. Congress can also override a presidential veto with a two-thirds majority vote in both houses. The executive branch includes executive departments, independent agencies, and other boards and committees. The President nominates heads of federal agencies and high court appointees, who are then confirmed by the Senate. The judicial branch is charged with ensuring that the three branches act independently and do not overreach their delegated powers.
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The Constitution and individual liberty
The Constitution of the United States is a document that outlines the general goals of its framers, chief among them being to create a just government and ensure peace, an adequate national defence, and a healthy, free nation. The Constitution is also a tool to secure the Blessings of Liberty to the people and their Posterity. The framers of the Constitution separated the powers of government into three branches: legislative, executive, and judicial. This was done to ensure that no one person or group of persons would be able to create, administer, and enforce the laws, and that each branch would be a check on the power of the other two branches.
The Constitution has been amended 27 times since it became operational in 1789. The first ten amendments, known as the Bill of Rights, offer specific protections of individual liberty and justice and place restrictions on the powers of the government within the US states. The Bill of Rights was added to the Constitution to address the lack of limits on government power. The Fourth Amendment, for example, protects citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant. The Third Amendment also holds that the Constitution is meant to protect individuals from government intrusion into their homes, family lives, and personal affairs.
The majority of the 17 later amendments expand individual civil rights protections. Civil liberties include freedom of speech and press, freedom of assembly and association, freedom to vote, freedom of conscience, free exercise of religion, and freedom from unwarranted invasions of one's home or other private spaces in society. These freedoms are called civil liberties because individuals enjoy them only within the context of civil society and constitutional government.
The justification for judicial review is explicitly found in the open ratifications held in the states and reported in their newspapers. Alexander Hamilton advocated the doctrine of a written document held as a superior enactment of the people. He argued that a limited constitution could be preserved in practice only through courts that can declare void any legislation contrary to the Constitution. The preservation of the people's authority over legislatures rests "particularly with judges."
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The Constitution and Federal Conventions
The Constitution of the United States of America is a written document that serves as the foundation of the country's federal government and legal system. It outlines the rights and responsibilities of the government and the people, with the aim of creating a just and peaceful society. The Constitution was drafted during the Constitutional Convention, also known as the Federal Convention, which took place in Philadelphia from May to September 1787.
The Constitutional Convention was convened to address the weaknesses of the central government under the Articles of Confederation. The Articles of Confederation had created a league of states with a weak central government that struggled with conducting foreign policy and enforcing laws. The convention was attended by delegates from 12 of the 13 states, with Rhode Island being the only state that refused to send representatives. George Washington, a proponent of a stronger national government, was elected as the president of the convention.
During the convention, the delegates debated and proposed revisions to the Articles of Confederation, with the goal of creating a new system of government. James Madison of Virginia played a significant role in shaping the convention's agenda. He arrived early and presented his "Vices of the Political System of the United States," which offered solutions to the weaknesses of the American political system. Madison's Virginia Plan was selected as the basis for the new government, which included a three-branch structure: the legislative, executive, and judicial branches.
The convention resulted in the creation of the United States Constitution, which established a federal government with more specific powers, including the authority to conduct relations with foreign governments. The Constitution provided for a system of checks and balances, separating the powers of government among the three branches. The legislative power was granted to Congress, the executive power to the President, and the judicial power to the courts. The Constitution also included provisions for individual liberties and protections, such as the right to be secure against unreasonable searches and seizures.
After the Constitutional Convention, the proposed Constitution was ratified by the required number of state legislatures, with nine of the 13 states approving it. This process was outlined in Article VII of the proposed Constitution and ignored the amendment provision of the Articles of Confederation, which required unanimous approval of all the states. The ratification process was not without opposition, with Anti-Federalists emerging to criticize and debate the proposal. However, the Federalists, including Hamilton, Madison, and Jay, published a series of commentaries known as The Federalist Papers in support of ratification. The Constitution came into effect in 1789 and has since been amended 27 times to expand civil rights protections and address issues related to federal authority and government processes.
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Frequently asked questions
The Constitution is a written document that outlines the fundamental principles, laws, and rules by which a nation is governed. It establishes the rights and responsibilities of the government and its citizens, and it defines the structure and powers of the different branches of government.
The Constitution is important because it ensures that the government derives its power from the people and protects the individual liberties and rights of its citizens. It serves as a framework for the nation's laws and provides a mechanism for resolving disputes and interpreting the laws.
The Constitution was written by the Founding Fathers, a group of revolutionaries such as George Washington, Benjamin Franklin, and Rufus King, who wanted to create a republic with power derived from frequent elections. It was transcribed by Jacob Shallus on parchment.
The Constitution consists of the Preamble, seven articles, and 27 amendments. The Preamble outlines the general goals of creating a just government, ensuring peace, and securing individual liberties. The seven articles address topics such as the separation of powers into legislative, executive, and judicial branches, and the processes and procedures of government. The 27 amendments include the Bill of Rights, which protects individual freedoms and limits government powers.
Since its implementation in 1789, the Constitution has been amended 27 times to expand civil rights protections, address federal authority issues, and modify government processes. Amendments are appended to the original document, reflecting the evolving nature of the nation's laws and values.
