Jonah Patel
The first constitution of the United States, the Articles of Confederation, was superseded by the current US Constitution on March 4, 1789. The US Constitution was authored by the Continental Congress and the Constitutional Convention, and it delineates the framework of the federal government. The Constitution consists of seven articles, the first three of which embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial. The process of amending the Constitution involves two steps: proposal and ratification. Amendments must be adopted by two-thirds of both houses of Congress or by a national convention requested by two-thirds of state legislatures, and they must be ratified by three-fourths of the states. The Constitution has been amended several times, with notable examples including the First Amendment, protecting freedom of speech and religion, and the Third Amendment, prohibiting the federal government from forcing individuals to house soldiers during peacetime without consent.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| First Three Articles | Embodiment of the separation of powers |
| Legislative Branch | Bicameral Congress (Article I) |
| Executive Branch | President and subordinate officers (Article II) |
| Judicial Branch | Supreme Court and other federal courts (Article III) |
| Article IV, V, and VI | Embodies concepts of federalism, describing the rights and responsibilities of state governments, the states in relation to the federal government, and the shared process of constitutional amendment |
| Amendment Process | Two steps: proposal and ratification |
| Proposal | By two-thirds majority in both the Senate and the House of Representatives, or by national convention requested by two-thirds of state legislatures |
| Ratification | Requires three-fourths of the states' approval (38 out of 50), either through consent of state legislatures or state ratifying conventions |
| Third Amendment (1791) | Prohibits the federal government from forcing individuals to provide lodging to soldiers during peacetime without consent |
| Fourth Amendment (1791) | Protects against unreasonable searches and seizures of self or property by government officials |
| First Amendment | Protects freedom of religion, speech, press, assembly, and the right to petition the government |
Explore related products
What You'll Learn
The first three articles
The first US Constitution, the Articles of Confederation, was superseded on March 4, 1789, by the second and current US Constitution, which consists of seven articles. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: legislative, executive, and judicial.
Article I describes the Congress, the legislative branch of the federal government. It establishes the manner of election and the qualifications of members of each body. Section 1 reads:
> All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Representatives must be at least 25 years old, be a citizen of the United States for seven years, and live in the state they represent.
Article II covers the executive branch, which consists of the president and subordinate officers.
Article III covers the judicial branch, which consists of the Supreme Court and other federal courts.
The Declaration: A Constitutional Precursor?
You may want to see also
Legislative, executive, and judicial branches
The first constitution of the United States superseded the Articles of Confederation on March 4, 1789. The Constitution, originally including seven articles, outlines the framework of the federal government. The first three articles embody the separation of powers, dividing the government into three branches: the legislative, executive, and judicial.
Legislative Branch
The legislative branch, outlined in Article I, consists of a bicameral Congress, including a Senate and House of Representatives. The legislative branch holds all legislative powers, with the House of Representatives composed of members chosen every second year by the people of the states. Senators, on the other hand, must be at least 30 years old and have been citizens of the United States for nine years. Representatives must be at least 25 years old and have been citizens for seven years. The legislative branch is responsible for declaring war, raising and supporting armies, and providing for the militia. It also has the power to define and punish piracies and felonies committed on the high seas and offences against the Law of Nations.
Executive Branch
The executive branch, outlined in Article II, consists of the President, Vice President, and subordinate officers. The President must be a natural-born citizen of the United States and at least 35 years old. The President is responsible for giving information on the State of the Union to Congress and recommending measures for their consideration. They also receive ambassadors and other public ministers, ensuring that laws are faithfully executed. The President, Vice President, and civil officers can be removed from office through impeachment and conviction of treason, bribery, or other high crimes and misdemeanors.
Judicial Branch
The judicial branch, outlined in Article III, consists of the Supreme Court and other federal courts. The judicial power extends to all cases in law and equity arising under the Constitution, laws of the United States, and treaties made under their authority. The Supreme Court has original jurisdiction in cases affecting ambassadors, public ministers, and consuls, and those in which a state is a party. In all other cases, the Supreme Court has appellate jurisdiction.
The Two-Party System: Is It Constitutional?
You may want to see also
Federalism and state rights
The United States Constitution, which came into force in 1789, superseded the Articles of Confederation, the nation's first constitution. The US Constitution is founded on the principle of federalism, which divides powers between national and state governments.
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).
Articles IV, V, and VI embody the concepts of federalism and state rights. Article IV describes the rights and responsibilities of state governments, while Article V outlines the process of constitutional amendment. Article VI establishes the relationship between the states and the federal government.
The Tenth Amendment, ratified in 1791, is crucial to dividing federal and state powers. It states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This limits the federal government to the specific powers outlined in the Constitution and recognises states' rights to hold any power that the Constitution has not assigned to the federal government or disallowed.
The Supreme Court plays a significant role in interpreting and enforcing these powers, ruling on the constitutionality of federal laws. The Court has, for example, barred the federal government from "commandeering" states to enforce federal gun laws and waste disposal regulations.
The US system of federalism allows states to act as "laboratories of democracy," testing ideas independently and providing a check on the concentration of power.
The Affordable Care Act: Constitutional Conundrum?
You may want to see also
Explore related products
Ratification
The United States Constitution, which superseded the Articles of Confederation, was ratified on June 21, 1788, when New Hampshire became the ninth of 13 states to ratify it. The Articles of Confederation, the nation's first constitution, was tailored to a newly formed nation of states acting more like independent, sovereign countries. However, it soon became clear that a stronger, more centralized government was needed for future stability.
The process of ratifying the new constitution was long and arduous, with intense national debates between two factions: the Federalists, who supported the Constitution, and the Anti-Federalists, who opposed it. The Federalists, led by influential figures like Alexander Hamilton, James Madison, and John Jay, argued that the Constitution provided a necessary framework for a strong, centralized government capable of unifying the nation, protecting against foreign threats, and managing domestic affairs. They believed the checks and balances built into the Constitution would prevent any one branch of government from becoming too powerful.
The Anti-Federalists, on the other hand, feared that the Constitution concentrated too much power in the federal government at the expense of states' rights. They criticized the absence of a Bill of Rights, arguing that the Constitution did not adequately protect individual liberties, including freedom of speech, religion, and the press. Patrick Henry, George Mason, and Samuel Adams were among those who argued against ratification. The debate played out in newspapers, pamphlets, and public meetings across the country.
Each state held a special convention to debate and vote on ratification. Smaller states like Delaware approved the new Constitution quickly, with Delaware being the first state to ratify it unanimously on December 7, 1787. Large states like New York and Virginia took longer. New York, in fact, ratified the Constitution only after Virginia had done so, not wanting to be the last large state to adopt it. The ratification of the Constitution by New Hampshire as the ninth state ensured that it would go into effect, and the first federal elections were set to take place from December 15, 1788, to January 10, 1789. In the nation's first presidential election, George Washington was elected President and John Adams was elected Vice President.
The ratification debates also led to the promise to add a Bill of Rights, with James Madison taking the lead in drafting the amendments. Ten amendments, known as the Bill of Rights, were ratified on December 15, 1791, guaranteeing fundamental freedoms such as speech, religion, and the press, as well as protections against unreasonable searches and seizures. Rhode Island, the last holdout, finally ratified the Constitution on May 29, 1790, under pressure from the new federal government.
Chicago Style Guide: Citing the Constitution
You may want to see also
Amendments
The US Constitution, which came into force in 1789, superseded the Articles of Confederation, the nation's first constitution. The Constitution consists of seven articles that outline the framework of the federal government.
The US Constitution has a defined process for amendments, which are changes to its text. The process involves two steps: proposal and ratification. A proposal for an amendment must be adopted by one of two methods: either by a two-thirds majority vote in both the Senate and the House of Representatives (Congress), or by a national convention requested by two-thirds of state legislatures.
Once a proposal is adopted, the next step is ratification. Ratification requires the approval of three-fourths of the states (currently 38 out of 50). There are two methods for ratification: through the consent of state legislatures or via state ratifying conventions. The latter method has only been used once, for the Twenty-first Amendment.
The first ten amendments to the Constitution, known as the Bill of Rights, were ratified on December 15, 1791. The Third Amendment, for example, prohibits the federal government from forcing individuals to house soldiers during peacetime without their consent. The Fourth Amendment protects citizens from unreasonable searches and seizures of their persons or property by government officials.
The First Amendment
The First Amendment guarantees freedom of religion, speech, and the press, as well as the right to assemble and petition the government. It 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."
Challenging a Statute's Constitutionality: Your Rights and Options
You may want to see also
Frequently asked questions
The Articles of Confederation was the nation's first constitution, superseded by the US Constitution on March 4, 1789.
The Articles of Confederation established a federal government with three branches: the legislative, consisting of a bicameral Congress; the executive, consisting of the president and their officers; and the judicial, consisting of federal courts.
The new constitution retained the structure of the federal government but added amendments to address issues such as the quartering of soldiers and unreasonable searches and seizures.
Amendments must be adopted and ratified. This can be done through a two-thirds majority in Congress or a national convention requested by two-thirds of state legislatures. Ratification requires the approval of three-fourths of the states.
There was strong opposition to the first constitution, with anti-Federalists arguing that it gave too much power to the central government and did not guarantee individual liberties. Federalist newspapers across the country printed and reprinted these debates.
