The American Constitution: Democracy's Founding Document

The US Constitution, the supreme law of the United States, was designed to create a democratic government of, for, and by the people. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789, and was influenced by political philosophers such as Locke, Blackstone, Hume, and Montesquieu. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. The Preamble, or the Constitution's introductory paragraph, outlines the purposes of the new government, including establishing justice, ensuring domestic tranquility, and securing the blessings of liberty. The Bill of Rights, drafted by James Madison, became the first ten amendments to the Constitution, protecting various freedoms and rights.

Explore related products

We the People: A History of the U.S. Constitution

$31.99 $39.99

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

America's Constitution: A Biography

$4.99 $22

The History of the Constitution: Notable Events for Young Readers

$4.99 $7.99

The Origins of the American Constitution: A Documentary History

$15.52 $24

The US Constitution was designed to create a government of, for, and by the people

The Constitution's introductory paragraph, known as the Preamble, outlines the purposes of the new government:

> We the People of the United States, in Order to form a more perfect Union, 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, do ordain and establish this Constitution for the United States of America.

The opening words, "We the People", represented a new idea: that the people, not the states, were the source of the government's legitimacy. The phrase was coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style. The Preamble also lays out the Constitution's six goals, including establishing justice, ensuring domestic tranquility, providing for the common defence, promoting general welfare, and securing liberty.

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). The Constitution also outlines the powers and limitations of each branch, such as the requirements to become a representative or a judge.

The Constitution was influenced by various political philosophers and Enlightenment thinkers, including Montesquieu, Locke, Edward Coke, William Blackstone, Hume, and Benjamin Franklin. The Bill of Rights, drafted by James Madison, was also influenced by the Magna Carta, the English Bill of Rights, and the Virginia Declaration of Rights. It became the first ten amendments to the Constitution, protecting various rights and freedoms of the people.

The Constitution superseded the Articles of Confederation in 1789

The United States Constitution, which superseded the Articles of Confederation in 1789, is the country's supreme law. The Constitution was designed to establish a government of, for, and by the people, with elected representatives and a system of checks and balances to ensure that power is controlled and the people are served and protected.

The Articles of Confederation, officially the Articles of Confederation and Perpetual Union, served as the first constitution of the United States. It was adopted by the Continental Congress on November 15, 1777, and came into force on March 1, 1781. The Articles established a weak confederal government, with limited powers that were consciously afforded only to preserve the independence and sovereignty of the original 13 states.

Over time, the weaknesses of the Articles of Confederation became apparent. The central government lacked the authority to regulate commerce, conduct foreign policy, or raise funds without the voluntary agreement of the states. It could not effectively support a war effort, and its inability to tax or set commercial policy left it with a depleted treasury and contributed to economic instability. The government under the Articles was also unable to settle disputes between states and struggled to maintain order.

Recognizing the need for a stronger central government, James Madison, George Washington, and other delegates assembled at the Constitutional Convention in Philadelphia in 1787 to draft a new constitution. The final document, the United States Constitution, was ratified and went into effect on March 4, 1789. The Constitution provided for a much stronger federal government by establishing a chief executive (the president), courts, and taxing powers.

The Constitution consists of a preamble and seven articles. The preamble, which begins with the famous words "We the People," lays out the purposes of the new government, including establishing justice, ensuring domestic tranquility, providing for the common defence, promoting the general welfare, and securing the blessings of liberty. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative (Congress), the executive (the President), and the judicial (the Supreme Court and other federal courts). The remaining articles outline concepts of federalism and the rights and responsibilities of state governments in relation to the federal government.

The Constitution also included the Bill of Rights, which comprised the first ten amendments. These amendments were influenced by the Magna Carta, the English Bill of Rights, and the Virginia Declaration of Rights, and protected various individual freedoms and rights, including freedom of speech, press, assembly, and religion, the right to bear arms, protection against cruel and unusual punishment, and the right to a speedy and public trial, among others.

The Constitution was influenced by political philosophers such as Locke and Montesquieu

The United States Constitution, the nation's supreme law, came into force on March 4, 1789, superseding the Articles of Confederation, the country's first constitution. The US Constitution was influenced by several political philosophers, including John Locke and Charles-Louis de Secondat, Baron de La Brède et de Montesquieu.

Locke, a key Enlightenment figure, significantly influenced the American Constitution. His philosophy centred on natural rights: life, liberty, and property. Locke argued that these rights were inherent and inalienable and required protection by governments. He also advocated for the separation of powers as a mechanism to prevent tyranny. This idea of a system of checks and balances is reflected in the US Constitution's three branches of government: the legislative, the executive, and the judicial.

Locke's concept of a social contract also influenced the Constitution. He believed that governments were formed through the consent of the governed, and if the government failed to protect natural rights or became oppressive, the people had the right to revolt. This idea of the right to revolt forms the basis of the American constitutional framework's resilience, conveying that governance must remain just and protective of individual liberties.

Montesquieu, a well-known French philosopher in the early 1800s, also contributed to the US Constitution's framework, particularly regarding the separation of powers. He believed that government corruption was probable if a system of government didn't include a balance of powers. Montesquieu's perspective influenced the authors of the Constitution in establishing laws and divisions of duties, as well as in the inclusion of provisions to preserve individual liberties.

The influence of these philosophers, along with others like Edward Coke and William Blackstone, is evident in the US Constitution's structure and its emphasis on individual rights, liberties, and the separation of powers. The Constitution's Preamble, beginning with "We the People," reflects the idea that the people, rather than the states, are the source of the government's legitimacy.

Explore related products

The People's Guide to the United States Constitution

$13.39 $15.95

Constitution of the United States and The Declaration of Independence: Senator Rand Paul, Delegates of The Constitutional Convention

$2.99 $2.99

Unruly Americans and the Origins of the Constitution

$19.69 $21.49

The United States Constitution

$9.56 $20

Constitution of the United States (Books of American Wisdom)

$9.25 $9.95

Colonial Origins of the American Constitution: A Documentary History

$9.99

The Bill of Rights became the first ten amendments to the Constitution

The United States Constitution, the country's supreme law, came into force on March 4, 1789, superseding the Articles of Confederation, the first constitution. The US Constitution was designed to establish a government of, for, and by the people, with elected representatives and a system of checks and balances.

The Constitution, however, faced opposition from Anti-Federalists, who desired power to remain with state and local governments. This led to a debate over the ratification of the Constitution, and eventually, the drafting of the Bill of Rights, which became the first ten amendments to the Constitution.

James Madison, influenced by the Magna Carta, the English Bill of Rights, and the Virginia Declaration of Rights, crafted a series of proposals to address the concerns of the Anti-Federalists. On September 25, 1789, Congress approved twelve articles of amendment and submitted them to the states for ratification.

Articles Three through Twelve were ratified as additions to the Constitution on December 15, 1791, becoming Amendments One through Ten. These amendments guaranteed specific freedoms, such as freedom of speech, the right to bear arms, freedom of religion, and protection from unreasonable searches and seizures. They also reinforced the principles of separation of powers and federalism, limiting the power of the federal government and protecting the rights of the states and the people.

The US Constitution is difficult to amend, allowing undemocratic institutions to persist

The US Constitution, which came into force in 1789, is considered by some to be the most difficult constitution in the world to amend. The authority to amend the Constitution is derived from Article V of the Constitution itself. However, the ratification process is not described in detail, and there are many steps to the process. This makes it difficult to amend the Constitution, even when there is broad support for doing so.

The Constitution's rigidity has been a cause for concern, as it has allowed undemocratic institutions to persist. Sanford Levinson, in his acclaimed 2006 book, argues that the US Constitution is undemocratic. He identifies structural constitutional problems that hinder democracy in America, including the congressional lawmaking process and the expanding powers of the President. These hard-wired components of the Constitution are permanent fixtures and are resistant to change.

The most common path to constitutional reform in recent generations has been through the courts, rather than by constitutional amendment. For example, the legal end of the separate-but-equal regime in the US was not achieved through an amendment but rather through a Supreme Court interpretation of the Constitution's Equal Protection Clause.

The difficulty in amending the Constitution has resulted in the persistence of undemocratic institutions that other democracies have reformed. This has contributed to significant democratic backsliding in the United States. The Constitution's inflexibility has made it challenging to adapt to changing societal needs and expectations, hindering the country's democratic progress.

While the US Constitution's amendment process aims to protect the rights and freedoms of citizens, its rigidity can also hinder progress and necessary reforms. The challenge of amending the Constitution underscores the importance of comprehensive and thoughtful consideration during the drafting process to ensure that the document can effectively serve the nation over the long term.

Frequently asked questions