Malcolm Rivera
The United States Constitution, signed on September 17, 1787, has been a notable model for governance worldwide, influencing other constitutions in both principles and phrasing. The Constitution was written to replace the Articles of Confederation, which lacked enforcement powers and could not regulate commerce or print money. The Constitution created a federal system with a national government composed of three separate powers and included reserved and concurrent powers of states. To ensure its passage, several amendments were added, known as the Bill of Rights, which consisted of ten amendments ratified in 1791. These amendments aimed to limit government power and protect individual liberties, including freedom of speech, religion, and the right to bear arms.
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What You'll Learn
The Bill of Rights: the first ten amendments
The United States Constitution has been a notable model for governance worldwide, with its influence found in similarities in phrasing and borrowed passages in other constitutions, as well as in the principles of the rule of law, separation of powers, and recognition of individual rights. The American experience with amending fundamental laws and judicial review has also inspired constitutionalists worldwide.
The US Constitution was written in 1787 in Philadelphia, Pennsylvania, by delegates from 12 states. These delegates sought to replace the Articles of Confederation with a new form of government. The Articles of Confederation, America's first constitution, gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, couldn't regulate commerce, or print money. The states' disputes threatened to tear the young nation apart, leading to calls for a constitutional convention to revise the Articles.
The Constitutional Convention resulted in the creation of a completely new form of government, with a powerful central government composed of three separated powers, including reserved and concurrent powers of states. The Constitution was signed by 38 delegates on September 17, 1787, and it required ratification by nine of the 13 existing states. This process proved challenging, with several states voicing opposition due to the lack of protection for individual rights and freedoms.
To address these concerns, James Madison introduced 17 amendments, later condensed to 12, which were sent to the states for ratification. Ten of these amendments, known as the Bill of Rights, were ratified on December 15, 1791. The Bill of Rights was added to the Constitution to limit government power and protect individual liberties. These first ten amendments include:
- The First Amendment, which prohibits Congress from obstructing certain individual freedoms, including freedom of religion, speech, the press, assembly, and the right to petition. It includes a Free Exercise Clause and an Establishment Clause, preventing the federal government from establishing an official religion or favouring one set of religious beliefs over another.
- The Second Amendment, which has been the subject of interpretation by the Supreme Court and constitutional understanding.
- The Fourth Amendment, which safeguards citizens' right to be free from unreasonable government intrusion into their homes by requiring a warrant.
- The Tenth Amendment, which states that powers not delegated to the United States by the Constitution, nor prohibited to the states, are reserved for the states or the people.
The Bill of Rights, through its first ten amendments, aimed to safeguard individual freedoms and limit government power, addressing the concerns of Anti-Federalists who desired a bill of rights to protect individual liberties.
Foundations of the US Constitution
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Freedom of speech, religion, and the press
The First Amendment, alongside nine others, was added to the Constitution to ensure its passage. James Madison wrote these amendments, which became known as the Bill of Rights. The First Amendment safeguards freedom of speech, religion, and the press from interference by the federal government.
The First Amendment states:
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The First Amendment has two provisions concerning religion: the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government from establishing a religion. The Free Exercise Clause protects citizens' right to practice their religion, as long as it does not conflict with ["public morals" or a "compelling" government interest].
Freedom of speech means that government entities cannot restrict a person's ability to express their opinions or ideas, nor can the government retaliate against someone based on their speech. The freedom of the press became part of the U.S. Constitution after the 1787 Constitutional Convention, where several states refused to ratify as the Constitution lacked a Bill of Rights.
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Checks and balances: limiting government power
The US Constitution was written in the summer of 1787 in Philadelphia, Pennsylvania, by delegates from 12 states. The delegates aimed to replace the Articles of Confederation with a new form of government. The Articles of Confederation, America's first constitution, gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money. The disputes among the states over territory, war pensions, taxation, and trade threatened to tear the young country apart.
The Anti-Federalists opposed the Constitution because it created a powerful central government that reminded them of the one they had just overthrown, and it lacked a bill of rights. The Federalists, on the other hand, advocated for a strong national government. They believed that the people and states retained any powers not given to the federal government. To address the concerns of the Anti-Federalists, James Madison introduced 17 amendments to the Constitution, known as the Bill of Rights. These amendments aimed to limit government power and protect individual liberties.
The first ten amendments, which make up the Bill of Rights, were ratified on December 15, 1791. The First Amendment prohibits Congress from obstructing certain individual freedoms, including freedom of religion, speech, the press, assembly, and the right to petition. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion into their homes by requiring a warrant. The Tenth Amendment reserves powers not delegated to the United States by the Constitution to the states or the people.
The system of checks and balances in the Constitution is designed to limit government power. Each branch of the government is structured so that its power checks the power of the other two branches. This ensures that no one branch becomes too powerful. Additionally, each branch of the government is dependent on the people, who are the source of legitimate authority. The separation of powers and recognition of individual rights have made the US Constitution a notable model for governance worldwide.
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Protection of individual liberties
The Bill of Rights, comprising the first ten amendments to the US Constitution, was added to protect individual liberties and limit government power. The Constitution, written in 1787, was criticised for not including a bill of rights, which was seen as an obstacle to its ratification by the states.
James Madison, who wrote the amendments, initially resisted the need for a bill of rights, arguing that it was unnecessary as the federal government had no power to abridge individual liberty. However, he eventually changed his mind in the face of popular demand and introduced the Bill of Rights in Congress in 1789.
The Bill of Rights was strongly influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the English Bill of Rights, and the Massachusetts Body of Liberties. The first ten amendments to the Constitution safeguard individual freedoms such as freedom of speech, religion, and the right to bear arms, while ensuring protections such as due process and trial by jury.
The First Amendment prohibits Congress from making laws establishing a religion or prohibiting the free exercise thereof, abridging freedom of speech, infringing on the freedom of the press, or interfering with the right to assemble and petition the government. The Second Amendment guarantees the right of the people to keep and bear arms, while the Third Amendment prohibits the quartering of soldiers in civilian homes without consent. The Fourth Amendment protects citizens' right to privacy, safeguarding them from unreasonable government intrusion and requiring warrants for searches and seizures.
The Sixth Amendment provides additional protections for those accused of crimes, including the right to a speedy and public trial, an impartial jury, and legal representation. The Eighth Amendment prohibits excessive bail and fines and cruel and unusual punishment. The Ninth Amendment states that the listing of specific rights in the Constitution does not deny other rights not explicitly mentioned, and the Tenth Amendment reserves powers not delegated to the federal government to the states or the people.
The Bill of Rights transformed from a "parchment barrier" to a protective wall, shielding individuals' unalienable rights from government intrusion and ensuring that the liberties promised in the Declaration of Independence became legally enforceable.
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Slavery and the three-fifths compromise
The Three-Fifths Compromise was an agreement between delegates from the Northern and Southern states at the 1787 United States Constitutional Convention. The compromise stated that three-fifths of the enslaved population would be considered when determining direct taxation and representation in the House of Representatives.
The delegates from the Northern states sought to make representation dependent on the size of a state's free population, while Southern delegates threatened to abandon the convention if enslaved individuals were not counted. The Three-Fifths Compromise was a solution to this dispute, with the agreement that representation in the House of Representatives would be based on a state's free population plus three-fifths of its enslaved population.
This compromise resulted in the slaveholding states being perpetually overrepresented in national politics. It is important to note that neither the word "slave" nor "slavery" appears in the unamended Constitution. However, the Three-Fifths Compromise had significant implications for the representation of slave states in the House of Representatives.
The compromise also influenced the federal tax contribution required of each state, increasing the direct federal tax burden on slaveholding states. Additionally, the Constitution included a provision for a law permitting the recapture of fugitive slaves and a moratorium until 1808 on any congressional ban against the importation of slaves.
The Three-Fifths Compromise was a contentious issue, with some arguing that it favoured the Southern states with large slave populations. It was a compromise that aimed to balance the interests of both the Northern and Southern states.
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Frequently asked questions
The US Constitution was written to replace the Articles of Confederation, which lacked enforcement powers, the ability to regulate commerce, and the ability to print money. The Constitution aimed to create a federal system with a national government composed of three separate powers, including reserved and concurrent powers of states.
The Bill of Rights, comprising the first ten amendments, was added to the Constitution to address concerns about a lack of protection for individual liberties and to limit government power. These amendments guaranteed freedoms such as freedom of speech, religion, and the right to bear arms, while also ensuring due process and trial by jury.
James Madison, Alexander Hamilton, and George Washington were instrumental in the creation and ratification of the Constitution. Madison, in particular, introduced amendments that became the Bill of Rights, and both Madison and Hamilton led lobbying efforts for votes in favor of ratifying the Constitution.
