Isabella Carter
The United States Constitution, the oldest and longest-standing written and codified national constitution, was written and signed in 1787 in Philadelphia. The document, which superseded the Articles of Confederation, was signed on September 17, 1787, and was the result of a grueling summer of work by the delegates of the Philadelphia Convention, also known as the Constitutional Convention. The Constitution, which is now housed in the National Archives in Washington, D.C., outlines the framework of the federal government and its separation of powers, and has been a notable model for governance worldwide.
| Characteristics | Values |
|---|---|
| Date written | May 25, 1787 – September 17, 1787 |
| Location written | Independence Hall, Philadelphia |
| Date signed | September 17, 1787 |
| Date ratified | June 21, 1788 |
| Date operational | 1789 |
| Number of amendments | 27 |
| Number of pages | 5 |
| Writer of original document | Jacob Shallus |
| Author of Federalist Papers | Alexander Hamilton |
| Number of Federalist Papers | 85 |
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What You'll Learn
The Continental Congress and Constitutional Convention
The United States 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 September 17, 1787, and it is the oldest and longest-standing written and codified national constitution in force. The Constitutional Convention was conducted under an oath of secrecy, and the first public printing of the Constitution was published in a newspaper, The Pennsylvania Packet and Daily Advertiser, on September 19, 1787, two days after it was signed. The original signed, handwritten Constitution can be found at the National Archives in Washington, D.C.
The Continental Congress and the Constitutional Convention authored the Constitution as the framework for the United States government. The Constitution consists of seven articles that define the basic framework of the federal government. The 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 concepts of federalism, describing the rights and responsibilities of state governments, the states' relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure used by the 13 states to ratify the Constitution. The Constitution can be amended through a two-step process: proposals must be properly adopted and ratified before they can change the Constitution. The first step involves two procedures for adopting the language of a proposed amendment, either by Congress (with a two-thirds majority in the Senate and the House of Representatives) or by a national convention (called for by two-thirds of state legislatures). The second step involves two procedures for ratifying the proposed amendment, requiring the approval of three-fourths of the states (38 out of 50).
The Constitution was a revolutionary document that put governance into the hands of the people. It was created to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote general welfare, and secure the blessings of liberty for the people of the United States. The Constitution, along with the Declaration of Independence and the Bill of Rights, are considered instrumental to the founding and philosophy of the United States and have played a significant role in the spread of democratic ideals worldwide.
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The separation of powers
The US Constitution was written in 1787, during the Philadelphia Convention, also known as the Constitutional Convention. It was signed on September 17, 1787, now known as Constitution Day. The Constitution is the oldest and longest-standing written and codified national constitution in force in the world.
The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
The legislative branch, as defined in Article I, consists of a bicameral Congress, with a Senate and a House of Representatives. This article establishes the manner of election and the qualifications of members of each body. For example, representatives must be at least 25 years old, be US citizens for seven years, and live in the state they represent.
The executive branch, as outlined in Article II, consists of the President and subordinate officers.
The judicial branch, as described in Article III, consists of the Supreme Court and other federal courts. This article also provides the basis for judicial review, which allows courts to interpret the Constitution and determine whether the actions of the legislative and executive branches conform to it.
Each branch of government has specific powers and responsibilities, and they work together to govern the country, with checks and balances in place to prevent any one branch from having too much power. This separation of powers is a key feature of the US Constitution and is designed to protect against the concentration of power and ensure a balanced and effective government.
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Federalism and state rights
Federalism, or the separation of powers between state and federal governments, was a novel concept when the Founding Fathers of the United States incorporated it into the Constitution. The Constitution and the Bill of Rights created two types of separation of powers, both designed to act as critical checks and balances. The first and most well-known is the division of powers between the three branches of government: the Executive, the Legislative, and the Judiciary. The second type of separation of powers is the granting of separate powers to the federal and state governments.
The basic idea behind federalism is the division and sharing of power between the national and state governments. The Tenth Amendment to the U.S. Constitution, ratified in 1791, is crucial to dividing federal and state powers. It reads: "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. The federal government also holds powers that aren’t listed in the Constitution but are needed to carry out other powers. The U.S. Congress can pass any laws that are "necessary and proper" to execute the powers vested in the government by the Constitution.
The Supreme Court plays a large role in defining these powers when it tests whether federal laws are constitutional. The Court has ruled that the "Necessary and Proper Clause" gives the federal government certain implied powers. The Court has also barred the federal government from "commandeering" the states to enforce federal gun laws and waste disposal regulations.
The concept of federalism allows states to act as "laboratories of democracy," to use the words of U.S. Supreme Court Justice Louis Brandeis. They can test ideas independently, as they did after the United States declared its independence in 1776. The Continental Congress drafted the Articles of Confederation and Perpetual Union, which became the new country’s basis of government. The document granted much power to the 13 states and very little to Congress, making the national government ineffective and creating conflict among states. This led to the drafting of a new Constitution grounded in a novel separation of state and national powers known as federalism.
The question of state rights has been a source of contention throughout American history. Supporters of slavery, for example, often argued that one of the rights of the states was the protection of slave property, a position endorsed by the U.S. Supreme Court in 1857. In the final run-up to the Civil War, the Southern states seceded from the Union in part because of the federal government's perceived encroachment on their "domestic institutions" of slavery. In the 20th century, the term "states' rights" became associated with opposition to federally-mandated racial desegregation, and in the 21st century, with opposition to same-sex marriage and reproductive rights.
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The ratification process
The Federal Convention convened in the State House (Independence Hall) in Philadelphia on May 14, 1787, to revise the Articles of Confederation. The delegates debated and redrafted the articles of the new Constitution in closed sessions throughout the summer. The chief points at issue were how much power to allow the central government, how many representatives in Congress to allow each state, and how these representatives should be elected.
The delegates to the Constitutional Convention of 1787 were familiar with the decade-long constitutional heritage. Between 1781 and 1787, Congress proposed and the states considered half a dozen amendments to the Articles to strengthen the powers of Congress. All of them had the support of a large majority of both the states and the people. But because the Articles required the unanimous ratification of the state legislatures, none of the amendments were adopted.
On September 17, 1787, 39 of the Constitutional Convention's 55 delegates signed the U.S. Constitution. It was then sent to the states for debate and ratification votes. The delegates decided that nine states would be appropriate to implement the Constitution among the ratifying states. Delaware was the first state to ratify the Constitution on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. On June 21, 1788, New Hampshire became the ninth of 13 states to ratify the Constitution, making it the official framework for the government of the United States of America. All 13 states eventually ratified the U.S. Constitution by May 29, 1790.
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The legacy of the US Constitution
The US Constitution, drafted in 1787, is the oldest and longest-standing written and codified national constitution in the world. It has had a profound and lasting impact on the United States and beyond.
The Constitution established the government of the United States and delineated the frame of the federal government. It embodies the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress; the executive, consisting of the president and subordinate officers; and the judicial, consisting of the Supreme Court and other federal courts. This system of checks and balances was designed to prevent the consolidation of power in any one branch and to protect the rights and liberties of the people.
One of the key legacies of the US Constitution is its influence on judicial review. The written Constitution is considered the fundamental law of the land, and it outlines the powers and limitations of the government. Courts are expected to enforce the provisions of the Constitution and to refuse to enforce anything that conflicts with it. The Supreme Court, in particular, plays a crucial role in interpreting the Constitution and ensuring that government actions and laws are in line with it.
The US Constitution has also had a significant impact on the concept of federalism. It describes the rights and responsibilities of state governments and their relationship with the federal government. The Constitution established a system where power is shared between the national government and the states, allowing for a degree of autonomy and self-governance at the state level while still maintaining a unified nation.
Additionally, the US Constitution has served as a model for other countries. It has been published in many different languages and has inspired democratic revolutions and constitutional reforms worldwide. For example, the 1848 Swiss Constitution, which transformed Switzerland from an alliance of republics to a federal nation, was modelled after the US Constitution. The US Constitution's principles of separation of powers, federalism, and protection of individual rights have resonated with people around the globe and continue to shape political systems and aspirations for self-governance.
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