Eleanor Finch
The primary aim of the US Constitution, written and signed in 1787, was to create a federal government with enough power to act on a national level, while also protecting the fundamental rights of its citizens. The Constitution is the supreme law of the land in the United States, and it establishes the framework for the country's system of government, including the separation of powers into three branches: the legislative, executive, and judicial. It also sets out the purposes and duties of the government, and the rights and freedoms of citizens.
| Characteristics | Values |
|---|---|
| Purpose | To "establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity." |
| Federal Government | To be the foundation of the Federal Government and to define its purpose. |
| Democracy | To uphold a "republican form" of government. |
| Amendments | To allow for changes in the government and to be amended. |
| Rights | To protect the fundamental rights of citizens. |
| Branches of Government | To separate the power of government into three branches: legislative, executive, and judicial. |
| Checks and Balances | To include checks and balances on the branches' powers to assure that no one branch of government gained supremacy. |
| States' Rights | To define the relationship between the states and prevent discrimination against citizens of other states. |
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What You'll Learn
To establish a federal democratic republic
The Constitution of the United States is the foundation of the Federal Government and is considered the supreme law of the land. It is often referred to as a "living" document because, despite having only been amended 27 times in over 200 years, it can be amended. The Constitution established a Federal democratic republic, with the system of the Federal Government, where the people govern themselves, and it is a republic because the Government's power is derived from the people.
The Constitution was written and signed in 1787, in Philadelphia, by 55 delegates to a Constitutional Convention. The Constitutional Convention was conducted under an oath of secrecy, and the document was ratified by the states. The Constitution is organised into three parts: the Preamble, which describes the purpose of the document and the Federal Government; the seven Articles, which establish how the Government is structured and how the Constitution can be changed; and the Amendments, which list changes to the Constitution, the first ten of which are called the Bill of Rights.
The purpose of the Federal Government, as found in the Preamble of the Constitution, is to "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." The Founding Fathers established three main principles, including inherent rights, or rights that anyone living in America has.
The Constitution separates the powers of the government into three branches: the legislative branch, which makes the laws; the executive branch, which executes the laws; and the judicial branch, which interprets the laws. The Constitution also sets up a system of checks and balances to ensure that no one branch has too much power. The powers not delegated to the Federal Government are reserved for the States and the people, and all State governments are modelled after the Federal Government, consisting of three branches: executive, legislative, and judicial.
The Constitution also establishes the relationship between the states. States are required to give "full faith and credit" to the laws, records, contracts, and judicial proceedings of the other states, and they are barred from discriminating against citizens of other states or enacting tariffs against one another.
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To separate the power of government into three branches
One of the primary aims of the U.S. Constitution was to separate the powers of the government into three branches, with each branch having its own distinct roles and areas of authority. This system of checks and balances ensures that no single branch of the government becomes too powerful and that the fundamental rights of citizens are protected.
The three branches of government established by the Constitution are the legislative branch, the executive branch, and the judicial branch. The legislative branch, consisting of Congress, is responsible for making laws. The executive branch, led by the President, is tasked with enforcing these laws. The judicial branch, comprising the Supreme Court and lower courts, is responsible for interpreting the laws and ensuring that the other branches do not overstep their boundaries.
The separation of powers provides a healthy tension among the branches, stabilising the democracy. Each branch has its own authority, but also depends on the authority of the others for the government to function effectively. For example, in U.S. v. Alvarez, the Legislative Branch passed the Stolen Valor Act of 2005, which was deemed unconstitutional by the Judicial Branch as it infringed on the right to free speech. The Executive Branch then took swift action to establish a national database of medal citations, demonstrating the interplay of powers among the three branches.
The Constitution also enumerates the powers of each branch, with powers not specifically assigned to them being reserved for the states. This distribution of powers ensures a balance between national unity and state autonomy.
The process of drafting and ratifying the Constitution was a meticulous one. The Constitutional Convention, conducted under an oath of secrecy, produced the first draft of the Constitution in 1787. It then underwent a ratification process, with Article VII requiring the ratification of nine states for its establishment. The Constitution continues to be a "living" document, allowing for amendments to be made, although this process is intentionally onerous to prevent arbitrary changes.
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To ensure fundamental rights
The primary aim of a constitution is to ensure fundamental rights, which are a set of essential liberties and entitlements guaranteed to every citizen. These rights are the bedrock of individual freedom, protecting citizens from arbitrary state actions and ensuring basic human rights and freedoms. They are integral to upholding democracy, justice, and equality within a nation.
Fundamental rights are often enshrined in a constitution to ensure political democracy. For example, the Indian Constitution guarantees civil liberties, enabling all Indians to lead their lives in peace and harmony as citizens of India. These rights include equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, and freedom to practice religion. Similarly, the US Constitution was written to replace the Articles of Confederation with a new form of government, creating a federal system with a national government composed of three separated powers. The first ten amendments to the US Constitution, known as the Bill of Rights, safeguard individual freedoms and limit government power.
Fundamental rights are designed to uphold individual dignity and the collective welfare of society. They act as limitations on state power, ensuring a balance between authority and freedom. These rights are enforceable by the courts and aim to uphold the ideals of justice, freedom, and equality in a democratic society. For instance, the Indian Supreme Court has been empowered to issue writs for the enforcement of fundamental rights, even against private bodies.
While fundamental rights are essential for the functioning of a democratic society, they are not absolute and uncontrolled. They are subject to reasonable restrictions necessary for the protection of general welfare and can be selectively curtailed or amended. For example, the Indian Constitution grants Parliament the authority to enact legislation aimed at limiting the extension of fundamental rights to particular groups. Additionally, there may be provisions for preventive detention and suspension of fundamental rights in times of emergency.
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To provide a framework for the US system of government
The US Constitution is the fundamental framework of the country's system of government. It is the oldest written national constitution still in use and acts as the "supreme law of the land". The Constitution is often referred to as a "living document" because it can be amended, although in over 200 years there have only been 27 amendments.
The Constitution was written and signed in 1787 by 55 delegates to the Constitutional Convention in Philadelphia, Pennsylvania. The convention was called to amend the Articles of Confederation, which had established a firm league of friendship between the states but had provided little guidance to the states after the American Revolutionary War. The delegates to the convention quickly began work on drafting a new Constitution for the United States.
A chief aim of the Constitution was to create a federal government with enough power to act on a national level, but without so much power that fundamental rights would be at risk. This was achieved by separating the power of government into three branches: the legislative branch, which makes the laws; the executive branch, which executes the laws; and the judicial branch, which interprets the laws.
The Constitution also sets up a system of checks and balances to ensure that no one branch of government gains too much power. It divides power between the federal government and the states, with powers not granted to the federal government being reserved for the states or the people. The Constitution also establishes the relationship between the states, requiring them to give "full faith and credit" to the laws, records, contracts, and judicial proceedings of the other states.
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To establish the relationship between the states
The US Constitution was written and signed in 1787, and it is the oldest written national constitution still in use. It is the fundamental framework of America's system of government and is considered the supreme law of the land. The Constitution was written to establish the relationship between the states, and it continues to be the foundation of the Federal Government.
The Constitution was written during the Philadelphia Convention, now known as the Constitutional Convention, which took place from May 25 to September 17, 1787. It was signed on the last day of the convention, and it was ratified by the states. The Constitutional Convention was conducted under an oath of secrecy, so the printing of the Constitution represented the first time Americans saw it. The original signed, handwritten Constitution is kept at the National Archives in Washington, D.C.
The Constitution established the relationship between the states by requiring them to give "full faith and credit" to the laws, records, contracts, and judicial proceedings of the other states. While Congress may regulate the manner in which states share records and define the scope of this clause, states are barred from discriminating against citizens of other states in any way and cannot enact tariffs against one another. States must also extradite those accused of crimes to other states for trial.
The Constitution also set up a system of checks and balances to ensure that no one branch of the government has too much power. It divides power between the states and the federal government, with powers not granted to the federal government being reserved for the states and the people. The Constitution mandates that all states uphold a "republican form" of government.
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Frequently asked questions
The US Constitution is the supreme law of the land and the fundamental framework of America's system of government. It was written to establish a Federal democratic republic, with the purpose of "establish [ing] Justice, insur [ing] domestic Tranquility, provid [ing] for the common defence, promot [ing] the general Welfare, and secur [ing] the Blessings of Liberty to ourselves and our Posterity".
The US Constitution was designed to create a government with enough power to act on a national level, while also protecting fundamental rights. To achieve this, the Constitution divides the power of government into three branches—the legislative, executive, and judicial—and includes a system of checks and balances to ensure no one branch gains too much power.
The US Constitution was written and signed in 1787, during the Philadelphia Convention (also known as the Constitutional Convention). It then needed to be ratified by the states. On June 21, 1788, New Hampshire became the ninth state to ratify, and the Confederation Congress established March 4, 1789, as the date to begin operating a new government under the Constitution.
The US Constitution is often called a "living" document because it can be amended. The process for making amendments is deliberately onerous to prevent arbitrary changes—an amendment may be proposed by a two-thirds vote of both Houses of Congress, or if two-thirds of the states request one, by a convention called for that purpose. Since its ratification, the Constitution has been amended 27 times.
