Jonah Patel
The United States Constitution 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 It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789.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 Constitution was signed on September 17, 1787, by 38 delegates, with George Reed signing for John Dickinson of Delaware, bringing the total number of signatures to 39. The Constitution originally included seven articles, outlining the frame of the federal government, with the first three embodying the doctrine of the separation of powers. The Constitution's ratification was a contentious process, with Federalists and Anti-Federalists holding opposing views. While the former supported a strong central government, the latter opposed it, citing concerns about centralized power and the absence of a bill of rights. This article explores what was left out of the original Constitution and the subsequent amendments that addressed these omissions.
| Characteristics | Values |
|---|---|
| Number of deputies from each state | No restrictions |
| States represented throughout the convention | No |
| State that didn't send deputies | Rhode Island and Providence Plantations |
| Average age of deputies | 44 |
| Population of Philadelphia | 28,000 (42,000 including suburbs) |
| Date of the convention | May 14, 1787 (quorum present on May 25) |
| Location of the convention | State House, Philadelphia |
| Number of signatories | 39 |
| Number of original articles | 7 |
| Number of original amendments | 10 |
| First 3 words | We the People |
| Number of House members from each original state | 1 |
| Number of current House members | 435 |
| Rights | Freedom from cruel and unusual punishment, freedom from excessive bail and fines, right to a speedy and public trial, right to be informed of criminal charges, right to confront adverse witnesses |
| Powers | Power to set taxes, tariffs, and other means of raising federal revenue, power to authorize the expenditure of federal funds, power to regulate commerce, power to create lower courts and an appeals process, power to enact laws defining crimes and punishments, power to punish, sentence, and direct future action to resolve conflicts |
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What You'll Learn
The absence of a Bill of Rights
The Federalists, on the other hand, argued for a strong central government, but even they eventually conceded to the need for a Bill of Rights, and so the "vote now, amend later" compromise was struck, securing victory for the new government.
The Ninth Amendment, part of the Bill of Rights, declares that individuals have other fundamental rights beyond those stated in the Constitution. This amendment was added to address the concerns of Anti-Federalists, who wanted a Bill of Rights to protect individual liberties. The Tenth Amendment, also part of the Bill of Rights, further clarified the limited nature of the federal government by reserving for the states or the people all powers not specifically granted to the federal government.
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No mention of the Supreme Court's makeup
The Constitution of the United States is the supreme law of the land, delineating the frame 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).
Article III describes the court system, including the Supreme Court, and the kinds of cases the court takes as original jurisdiction. It also protects the right to a trial by jury in all criminal cases and defines treason. However, while the Constitution prescribes a Supreme Court, it leaves the details of its makeup and the provision for other courts to Congress. The First Congress passed a bill organizing the national judiciary on September 24, 1789, drawn up by Senator Oliver Ellsworth of Connecticut, who later became Chief Justice of the United States. The Supreme Court was organized with a Chief Justice and five Associates, with a district court provided for each state.
The Constitution's Preamble outlines the general goals of the framers: to create a just government and to ensure peace, an adequate national defense, and a healthy, free nation. The opening words, "We the People," emphasize that the nation is to be ruled by the people, not a king or dictator, and that the people are the source of the government's legitimacy. The Constitution superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789.
The Constitution has been amended several times since its ratification to address issues not originally included or left vague. For example, the First Congress later adopted Amendment X, which reserves to the states or the people all powers not specifically granted to the federal government, as they were concerned that the limited nature of the federal government was not clear enough in the original Constitution.
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The role of state legislatures
State legislatures play a crucial role in the US political system, serving as the primary law-making bodies within their respective states. Each state has its own legislature, consisting of elected representatives who are responsible for crafting and passing laws that specifically govern their state. While the US Constitution outlines the framework for the federal government, it was intentionally vague about the specifics of state legislatures, leaving it up to the states to determine their own legislative structures.
One of the key roles of state legislatures is to create and amend state laws. This includes a wide range of issues, such as education policy, healthcare regulations, taxation, and criminal justice. State legislatures have the power to introduce and pass bills that reflect the needs and values of their local communities. For example, a state legislature might pass laws that address issues specific to their state, such as laws related to drought or water usage in states prone to water shortages.
Another important function of state legislatures is allocating and managing state budgets. They are responsible for determining how state funds are raised, such as through income taxes or sales taxes, and how those funds are allocated to various state programs and agencies. State legislatures often work closely with the state governor and other executive branch officials to ensure that state funds are used effectively and efficiently.
Additionally, state legislatures play a critical role in overseeing and, at times, counterbalancing the power of the state executive branch. They often have the authority to confirm or reject gubernatorial appointments to important state offices, such as judgeships or cabinet positions. State legislatures can also act as a check on the governor's power through mechanisms like impeachment proceedings or veto overrides, ensuring that the executive branch remains accountable to the people.
State legislatures also serve as incubators for new policies and ideas. Because they are smaller and more responsive to local concerns than the federal government, state legislatures can often be laboratories for innovation. Successful policies implemented at the state level can gain traction and influence federal policy, allowing for a diversity of approaches to governance and policy-making across the country.
Lastly, state legislatures have the authority to redraw congressional district lines following the census data release every ten years. This process, known as redistricting, impacts the representation of voters and the balance of power in the US Congress. State legislatures must ensure fair and equitable redistricting, respecting community boundaries and protecting the voting rights of citizens. This responsibility underscores the critical role of state legislatures in shaping state-level policies and federal representation.
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The right to a public trial
The Sixth Amendment of the United States Constitution guarantees that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial." This right was not explicitly stated in the original Constitution, and its absence was a significant omission.
Secondly, public trials provide a means for community participation and engagement with the justice system. They allow members of the public to attend and witness the administration of justice, fostering a sense of openness and trust in the legal process. This participation also helps to educate the public about the law, legal procedures, and their rights and responsibilities as citizens.
Additionally, the presence of an audience during a trial can act as a check on potential abuses of power by the government or judicial officials. It helps to deter misconduct, bias, or improper behaviour by those involved in the trial, including judges, prosecutors, and law enforcement officers. The public nature of the proceedings can also help to ensure that evidence is properly presented and that witnesses testify truthfully, knowing that their statements are subject to public scrutiny.
While the right to a public trial is essential, it is not absolute and may be limited in certain circumstances. For instance, in cases involving sensitive information, national security concerns, or the privacy rights of certain individuals (especially minors), portions of a trial may be closed to the public or specific details sealed from public record. However, even in such cases, the overall principle of transparency and accountability must be upheld, and any limitations on public access must be carefully justified and narrowly tailored.
In conclusion, the right to a public trial, though not originally included in the Constitution, is a critical aspect of the American justice system. It ensures transparency, encourages community engagement, and acts as a safeguard against potential abuses of power. While there may be exceptions to this right in specific circumstances, it remains a cornerstone of the Sixth Amendment, guaranteeing fairness and integrity in criminal proceedings.
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The Articles of Confederation
Alexander Hamilton helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation. The delegates came up with a completely new form of government, creating a powerful central government. Representing diverse interests and views, they crafted compromises. The delegates appointed a Committee of Detail to put its decisions in writing, and a Committee of Style and Arrangement to condense 23 articles into seven in less than four days. On September 17, 1787, 38 delegates signed the Constitution, with George Reed signing for the absent John Dickinson of Delaware, bringing the total number of signatures to 39.
The founders set the terms for ratifying the Constitution, bypassing the state legislatures and calling for special ratifying conventions in each state. Ratification by 9 of the 13 states enacted the new government, though only 6 of 13 states reported a pro-Constitution majority. The Federalists, who believed in a strong central government, needed to convert at least three states. The Anti-Federalists fought against the Constitution because it created a powerful central government and lacked a bill of rights.
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Frequently asked questions
The Constitution of the United States is the supreme law of the land, superseding the Articles of Confederation, the nation's first constitution. The Constitution's preamble outlines the general goals of the framers: to create a just government, ensure peace, provide an adequate national defence, and secure the blessings of liberty for the nation and its posterity.
The Anti-Federalists opposed the Constitution because it lacked a Bill of Rights and created a powerful central government. The First Congress later addressed this concern by adopting Amendment X, which reserves all powers not specifically granted to the federal government for the states or the people.
The original Constitution did not specify the power to set taxes, tariffs, and other means of raising federal revenue, nor did it explicitly grant the authority to authorize the expenditure of federal funds. These powers were later included in Article I, Section 8.
Yes, Rhode Island and Providence Plantations did not send any deputies to the Constitutional Convention. Additionally, two of the deputies from New York left on July 10, 1787, and the New Hampshire deputies did not arrive until July 23, 1787, resulting in a maximum of eleven states being represented at any one time.
The original Constitution prescribed a Supreme Court but left the makeup and provision for other courts to Congress. The First Congress addressed this issue by passing a bill organizing the national judiciary on September 24, 1789.
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