Isabella Carter
The United States Constitution, beginning with the words We the People, is composed of a preamble, seven articles, and 27 amendments. The Constitution was written in 1787, superseding the Articles of Confederation, the nation's first constitution. The authors of the Constitution were influenced by the country's experience under the Articles of Confederation, which had attempted to retain the independence and sovereignty of the states. The Constitution establishes a federal government with three branches: the legislative, consisting of a bicameral Congress; the executive, consisting of the President and subordinate officers; and the judicial, consisting of the Supreme Court and other federal courts. The Constitution also includes concepts of federalism, describing the rights and responsibilities of state governments and their relationship to the federal government. Amendments to the Constitution must be proposed and ratified, with a focus on maintaining the basic framework of the federal government.
| Characteristics | Values |
|---|---|
| Date written | May 25, 1787 |
| Date signed | September 17, 1787 |
| Date ratified | June 21, 1788 |
| Number of articles | Seven |
| Number of amendments | 27 |
| First three words | "We the People" |
| First 10 amendments | The Bill of Rights |
| Legislative branch | Bicameral Congress (Article I) |
| Executive branch | President and subordinate officers (Article II) |
| Judicial branch | Supreme Court and other federal courts (Article III) |
| Federalism | Rights and responsibilities of state governments, and their relationship to the federal government (Articles IV, V, VI) |
| Ratification procedure | Established for the 13 states (Article VII) |
| Amendment procedure | Two-thirds majority in both the Senate and House of Representatives, or a national convention (Article V) |
| Amendment ratification | Requires three-fourths of the states' approval (38 of 50) through consent of state legislatures or state ratifying conventions |
| Amendment process | Proposals must be adopted and ratified before changing the Constitution |
| Influencing factors | Experience under the Articles of Confederation, Shays' Rebellion, desire for a strong central government |
| Notable figures | George Washington, Robert Morris, Alexander Hamilton, John Jay, James Madison |
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What You'll Learn
The Philadelphia convention
The Articles of Confederation had established a loose confederation of states with a weak central government, which had led to issues such as Shays' Rebellion in 1786-87, where the national government was unable to respond effectively. The Philadelphia Convention aimed to create a stronger central government that could maintain order and stability while still preserving state powers.
The convention was marked by passionate debates between Federalists, who supported the formation of a stronger central government, and anti-Federalists, who favoured state sovereignty and opposed a powerful central authority. One of the key figures among the Federalists was James Madison, who, along with John Tyler, proposed that the Continental Congress be empowered to regulate commerce throughout the Confederation. Madison envisioned a "middle ground" where national authority was supreme, but state power was still maintained in a subordinate role.
Another contentious issue at the convention was slavery. Southern delegates threatened to leave if their demands to legalise slavery, continue the slave trade, and count slaves for representation purposes were not met. This dispute was resolved through the Great Compromise, which established a bicameral legislature. This comprised a Senate, where all states were equally represented, and a House of Representatives, where representation was based on a state's free population plus three-fifths of its enslaved population.
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The Articles of Confederation
The Articles were drafted during the American Revolution, and the Continental Congress observed them as its de facto frame of government. The Congress conducted diplomacy with foreign states, addressed territorial issues, and dealt with Native American relations. However, the central government had limited power, and the Articles were unable to prevent the individual states from conducting their own foreign diplomacy. The government could not tax, regulate commerce, or effectively support a war effort.
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Federal government structure
The US Constitution defines the basic framework of the federal government, delineating the frame of the federal government and the doctrine of the separation of powers. The Constitution is composed of the Preamble, seven articles, and 27 amendments. The first three articles embody the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial.
The legislative branch consists of a bicameral Congress, with the manner of election and qualifications of members established in Article I. The executive branch is outlined in Article II and consists of the President and subordinate officers. The judicial branch, outlined in Article III, consists of the Supreme Court and other federal courts.
Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, their relationship to the federal government, and the shared process of constitutional amendment. Amendments to the Constitution must be properly adopted and ratified before they can be implemented. Proposals for amendments can be adopted by a two-thirds majority in both the Senate and House of Representatives, or by a national convention requested by two-thirds of state legislatures. Ratification requires the approval of three-fourths of the states, achieved through the consent of state legislatures or state ratifying conventions.
The Constitution also includes the Bill of Rights, with the first ten amendments being ratified in 1791. The Third Amendment prohibits the federal government from forcing individuals to provide lodging to soldiers during peacetime without consent. The Fourth Amendment protects people against unreasonable searches and seizures of self or property by government officials.
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Amendments and ratifications
The US Constitution, which came into operation on March 4, 1789, superseded the Articles of Confederation, the nation's first constitution. The Constitution consists of seven articles that outline the basic framework of the federal government.
The US Constitution has a total of 33 proposed amendments, 27 of which have been successfully ratified and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were adopted and ratified simultaneously. The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments.
The authority to amend the Constitution stems from Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. Once a proposal is passed by either method, Congress decides on the ratification method: ratification by state legislatures or state ratifying conventions.
The Archivist of the United States is responsible for administering the ratification process. The proposed amendment and the chosen ratification method are sent to the Office of the Federal Register, which formats the proposal and submits it to the states. An amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50).
The ratification process does not have a set deadline. However, Congress can stipulate a deadline, as affirmed by the Supreme Court in 1939. Without a deadline, an amendment can remain pending indefinitely and be ratified long after being proposed.
To date, no amendments have been proposed by a constitutional convention, and the convention method of ratification has only been used once, for the Twenty-first Amendment.
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The Bill of Rights
The US Constitution was written in the summer of 1787 in Philadelphia, Pennsylvania, by delegates from 12 states. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution delineates the framework of the federal government, which is divided into three branches: the legislative, the executive, and the judicial.
The first amendment states that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abriding 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 second amendment states that a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. The third amendment prohibits the federal government from forcing individuals to provide lodging to soldiers in their homes during peacetime without their consent. The fourth amendment protects people against unreasonable searches and seizures of either self or property by government officials.
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Frequently asked questions
The US Constitution is a legal document that outlines the basic framework of the federal government and the rights of US citizens. It is composed of a preamble, seven articles, and 27 amendments.
The US Constitution was written in 1787 and ratified in 1788. The first 10 amendments, known as the Bill of Rights, were ratified in 1791.
The US Constitution establishes a federal system of government with three branches: the legislative, executive, and judicial. It also includes a Bill of Rights, which guarantees certain fundamental rights, such as freedom from unreasonable searches and seizures.
The US Constitution can be amended through a two-step process. First, a proposed amendment must be adopted by either two-thirds of both houses of Congress or a national convention requested by two-thirds of the state legislatures. Second, the amendment must be ratified by three-fourths of the states.
