Simone Lawson
The United States Constitution has not been gotten rid of. It was signed on September 17, 1787, and ratified on June 21, 1788. The Constitution is composed of the Preamble, seven articles, and 27 amendments. The first three articles embody the doctrine of the separation of powers, dividing the federal government into the legislative, executive, and judicial branches. Amendments to the Constitution are proposed by Congress or a national convention, and ratified by three-fourths of the states. The Constitution can only be amended through these established procedures, and it stands as the supreme law of the land, protecting the rights of Americans and providing a framework for the federal government.
| Characteristics | Values |
|---|---|
| Date of superseding the Articles of Confederation | March 4, 1789 |
| Number of original articles | 7 |
| Date of adoption | 1787 |
| Date of ratification | June 21, 1788 |
| Number of amendments | 27 |
| Date of first 10 amendments | December 15, 1791 |
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What You'll Learn
The US Constitution has never been 'gotten rid of'
The US Constitution has never been gotten rid of. It was signed on September 17, 1787, and ratified on June 21, 1788. The Constitution's main provisions include seven articles that define the basic framework of the federal government. The first three articles embody the doctrine of 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, 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. Despite amendments and changes over time, the focus of each Article has remained the same since its adoption in 1787.
Amending the Constitution is a complex process. Under Article Five, a proposal for an amendment must be adopted by a two-thirds majority in both houses of Congress or by a national convention requested by two-thirds of state legislatures. Once passed, Congress decides on the method of ratification. The proposed amendment and ratification method are sent to the Office of Federal Register, which submits it to the states. An amendment becomes part of the Constitution when ratified by three-fourths of the states (38 of 50 currently).
To date, 27 amendments have been made to the Constitution, with the first ten, including the Bill of Rights, being ratified in 1791. While the Constitution has been amended multiple times, it has never been completely replaced or gotten rid of.
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The Articles of Confederation were superseded by the US Constitution
The Articles of Confederation, the first constitution of the United States, was adopted on November 15, 1777. The Articles established a government in which the colonies retained most of the power, leaving the central government weak and without essential powers like the ability to control foreign policy or levy taxes.
The limitations of the Articles of Confederation became apparent in the years following the Revolutionary War. The central government lacked the power to regulate commerce, and its inability to tax made it difficult to pay debts and support the military. The Confederation's weakness in foreign policy was also exposed by the 1786 Jay-Gardoqui Treaty with Spain, in which the United States was to give up its rights to use the Mississippi River for 25 years, which would have economically harmed western settlers.
In addition, the central government struggled to address internal rebellions, such as Shays's Rebellion in 1786, due to a lack of funds and military power. These issues led to calls for a stronger central government and revisions to the Articles of Confederation.
In May 1787, the Constitutional Convention met in Philadelphia to address the shortcomings of the Articles. The delegates quickly realized that the defects in the government could not be remedied by altering the Articles, and they went beyond their mandate by writing a new constitution. The new constitution, which came into effect on March 4, 1789, established a separation of powers with three branches of government: the executive, legislative, and judicial. This ensured that power would not be concentrated in a single branch.
The Constitution also gave the federal government more power over money and taxes, allowing it to control interstate commerce and levy taxes on individuals. These changes represented a significant shift from the Articles of Confederation, strengthening the central government and addressing the issues that had plagued the young nation.
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Amendments to the Constitution
The US Constitution, which superseded the Articles of Confederation in 1789, has been amended 27 times, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791. Amendments to the Constitution must be properly proposed and ratified before becoming operative. This process is outlined in Article Five of the US Constitution, which details a two-step process for amending the nation's plan of government.
An amendment may be proposed and sent to the states for ratification by either a two-thirds majority in both the Senate and the House of Representatives, or a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50). This can be done through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states.
The process of amending the Constitution was designed to strike a balance between the constant change and inflexibility of governance. The first 10 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.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Members of the House and Senate typically propose around 150-200 amendments during each two-year term of Congress. However, most of these proposals never make it out of the Congressional committees to which they are assigned. The last proposal to gain the necessary two-thirds support in both the House and the Senate for submission to the states was the District of Columbia Voting Rights Amendment in 1978.
The Twenty-first Amendment, ratified in 1933, is the only amendment that explicitly repeals an earlier one, the Eighteenth Amendment (ratified in 1919), which established the prohibition of alcohol.
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Ratification of the Constitution
The US Constitution was ratified between 1787 and 1791. The road to ratification was long and challenging, with several key moments and events that shaped the process.
The Constitutional Convention of 1787 was a pivotal moment in US history, where delegates from 12 states (Rhode Island did not send delegates) gathered in Philadelphia to discuss and draft a new constitution. The convention was convened due to mounting problems with the Articles of Confederation, which granted weak federal powers and led to unrest and dissatisfaction. Alexander Hamilton of New York led the call for a stronger, more centralized government, and the delegates worked to create a new governing document.
The new US Constitution was signed on September 17, 1787, by 38 of the 41 delegates present. However, it was agreed that the document would only come into effect once it was ratified by nine of the 13 states. The first state to ratify was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The debate over ratification raged across the country, with people from all walks of life discussing and scrutinizing the document.
The process of ratification by the states took place between 1789 and early 1791. On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, making it the official framework of the US government. The remaining states, except Rhode Island, ratified the Constitution by May 29, 1790. Rhode Island, which had initially resisted due to concerns about central government power and religious freedom, eventually ratified the Constitution in 1790 due to pressure from other states.
The inclusion of a Bill of Rights was a significant point of contention during the ratification process. Some states opposed the Constitution for not explicitly protecting rights such as freedom of speech, religion, and the press. The Massachusetts Compromise of February 1788 stipulated that amendments, known as the Bill of Rights, would be proposed and ratified shortly after. Twelve amendments were sent to the states for ratification in September 1789, and ten of them, the Bill of Rights, were ratified on December 15, 1791.
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Anti-Federalist opposition to the Constitution
The Anti-Federalists were a group of influential figures who opposed the ratification of the US Constitution in 1787. They believed that the Constitution gave too much power to the federal government, consolidating it in the hands of Congress and creating a king-like office in the presidency. They argued that this concentration of power would lead to an impersonal, unrepresentative government dominated by wealthy individuals, which would ultimately oppress the poor and working classes.
The Anti-Federalists, including Patrick Henry, Samuel Adams, and Richard Henry Lee, heroes of the Revolutionary War, believed that the liberties of the people were better safeguarded when power was vested in state governments rather than a federal one. They saw the unitary president as resembling a monarch too closely and foresaw courts of intrigue in the nation's capital as a result.
One of the most prominent Anti-Federalist arguments centred on the absence of a Bill of Rights in the original draft of the Constitution. They advocated for a bill that would guarantee individual liberties and prevent federal overreach into state affairs. George Mason, for instance, expressed his bitter disappointment with the lack of a bill of rights, stating that he "would sooner chop off his right hand than put it to the Constitution as it now stands."
The Anti-Federalists played a crucial role in the early political history of the United States, and their efforts led to the inclusion of the Bill of Rights, which comprises ten constitutional amendments safeguarding the fundamental rights and freedoms of American citizens. Their writings, speeches, and pamphlets, collectively known as the "Anti-Federalist Papers", contributed significantly to American political thought and ensured that a system of checks and balances was established to prevent the concentration of power.
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Frequently asked questions
No, the US has never gotten rid of the Constitution. The US Constitution was signed on September 17, 1787, and ratified on June 21, 1788. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789.
The US Constitution can be changed through a two-step amendment process. First, a proposal for an amendment must be adopted by two-thirds of both houses of Congress or by a national convention requested by two-thirds of the state legislatures. Second, the proposed amendment must be ratified by three-quarters of the states (38 out of 50).
No, the US President cannot change the Constitution through an executive order. Amending the Constitution requires a two-thirds vote in both the House and the Senate, as well as ratification by three-quarters of the states.
