Simone Lawson
The Constitution of the United States of America is the supreme law of the United States, delineating the frame of the federal government. It was written and signed in 1787, in Philadelphia, during the Philadelphia Convention, now known as the Constitutional Convention. The Constitution superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789.
| Characteristics | Values |
|---|---|
| Date written | Summer of 1787 |
| Date signed | September 17, 1787 |
| Location written | Philadelphia, Pennsylvania |
| Location signed | Independence Hall, Philadelphia, Pennsylvania |
| Number of pages | 4 |
| Number of articles | 7 |
| Number of branches of government | 3 |
| Date first published | September 19, 1787 |
| Date ratified | March 4, 1789 |
| Date of first elections | Late 1788 |
| Date of first amendments | September 1789 |
| Date of adoption of amendments | December 15, 1791 |
| Date of superseding Articles of Confederation | March 4, 1789 |
| Influences | Magna Carta, English Bill of Rights, European Enlightenment thinkers, English common law, Scottish Enlightenment, political philosophers (e.g. Hume, Locke, Montesquieu, Blackstone, Coke) |
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What You'll Learn
- The Constitution was written and signed in 1787
- The Philadelphia Convention, also known as the Constitutional Convention
- The Articles of Confederation were superseded by the Constitution
- The influence of political philosophers on the Constitution
- The separation of powers and the system of checks and balances
The Constitution was written and signed in 1787
The Constitution of the United States of America was written and signed in 1787. It is the fundamental framework of America's system of government, and it continues to be the supreme law of the land.
The Constitution was drafted in secret by delegates to the Constitutional Convention during the summer of 1787. The Federal Convention convened in the State House (now known as Independence Hall) in Philadelphia on May 14, 1787, to revise the Articles of Confederation. The delegates soon realised that they would need to draft an entirely new form of government.
The delegates debated and redrafted the articles of the new Constitution throughout the summer. Some of 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 Constitution was signed on September 17, 1787, and it established a new government for the United States.
The authors of the Constitution were heavily influenced by the country's experience under the Articles of Confederation, which had attempted to retain as much independence and sovereignty for the states as possible. However, the events of 1781 to 1787, including the national government's inability to act during Shays's Rebellion in Massachusetts, showed that the Articles were unworkable. The new Constitution aimed to address this problem by delineating the frame of the federal government and separating the powers of government into three branches: the legislative, the executive, and the judicial.
The framers of the Constitution were particularly concerned with limiting the power of government and securing the liberty of citizens. They sought to strike a balance between authority and liberty, which is the central purpose of American constitutional law.
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The Philadelphia Convention, also known as the Constitutional Convention
The Constitutional Convention was not referred to as such at the time. Instead, it was known as the Federal Convention, the Philadelphia Convention, or the Grand Convention at Philadelphia. The delegates to the convention, including George Washington of Virginia, James Madison of Virginia, and Alexander Hamilton of New York, sought to create a stronger national government and address the problems that had arisen while the newly independent nation was operating under the Articles of Confederation.
During the convention, the delegates debated and drafted the articles of the new Constitution. Some of the key issues discussed included the balance of power between the central government and the states, the number of representatives in Congress for each state, and how these representatives should be elected. The convention also adopted the Connecticut Compromise, which gave each state two senators rather than three and gave these senators individual voting power.
The final document, signed on September 17, 1787, established the government of the United States and created a centralized federal government. The Constitution delineates the frame of the federal government, with its first three articles embodying the doctrine of the separation of powers. The Constitution's influence can be seen in the structure of the federal government, with its legislative, executive, and judicial branches.
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The Articles of Confederation were superseded by the Constitution
The Constitution of the United States, the country's current governing document, was signed on September 17, 1787, and superseded the Articles of Confederation on March 4, 1789. The Articles of Confederation, which served as the United States' first constitution, was adopted by the Continental Congress on November 15, 1777, and came into force on March 1, 1781.
The Articles of Confederation established a "league of friendship" among the 13 independent states, with each state retaining sovereignty and independence. The Articles outlined a Congress where each state had one vote, regardless of population size. Ratification by all 13 states was necessary for the Confederation to come into effect, which was delayed due to disputes over representation, voting, and western lands claimed by certain states.
Despite being the first constitution, the Articles of Confederation had several weaknesses. The central government had limited power and lacked enforcement powers, which made it challenging to regulate commerce, print money, and settle disputes between states. The Confederation also struggled with economic issues and foreign policy matters, such as the Jay-Gardoqui Treaty with Spain in 1786, which highlighted its weaknesses.
Due to these concerns, James Madison, Alexander Hamilton, and George Washington feared that the young nation was on the brink of collapse. Alexander Hamilton played a crucial role in convincing Congress to organize a Grand Convention of state delegates to revise the Articles. In May 1787, the Constitutional Convention assembled in Philadelphia with delegates from various states. They met behind closed doors, debating and redrafting the articles of the new Constitution throughout the summer.
The delegates grappled with questions such as the balance of power between the central government and the states, the number of representatives in Congress for each state, and the method of electing those representatives. After three months of intense debate, the delegates appointed a Committee of Detail to compile their decisions into a written document. A Committee of Style and Arrangement then condensed the articles into a final form, resulting in the Constitution that was signed on September 17, 1787. This new Constitution established a more powerful central government and delineated the framework for the federal government, including the separation of powers into legislative, executive, and judicial branches.
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The influence of political philosophers on the Constitution
The United States Constitution, signed on September 17, 1787, was influenced by several political philosophers and their ideas. The Constitution established the government of the United States, superseding the Articles of Confederation, the nation's first constitution. The Constitution's seven articles delineate the federal government's framework, with the first three articles embodying the separation of powers into the legislative, executive, and judicial branches.
Political philosophers like John Locke, Montesquieu, Edward Coke, and William Blackstone had a significant influence on the Constitution. Locke's "Two Treatises on Government" refuted the divine right of monarchy and established a theory where personal liberty could coexist with political order. He argued that civil order is necessary to secure individual rights, liberties, and possessions, marking a departure from traditional western political thought. Locke's ideas on natural rights and the social contract theory, where government is based on the consent of the governed, were particularly influential.
Montesquieu's ideas on the separation of powers and the structure of the Constitution were also important. The concept of dividing the federal government into three branches—legislative, executive, and judicial—was influenced by his work. Additionally, Blackstone's writings were frequently quoted by John Adams and other founders, further shaping the Constitution's principles.
The Enlightenment, including Scottish thinkers like David Hume, also influenced the Constitution. Benjamin Franklin, for example, embraced Hume's ideas about public service and the character judgment of the lower class. The English Bill of Rights (1689) and the Magna Carta provided additional inspiration, influencing the American Bill of Rights and the concept of unalienable rights.
The philosophy of government during this time incorporated three major doctrines: natural rights, republicanism, and constitutionalism. The belief in natural rights, or the idea that individuals possess certain inherent and inalienable rights, was a guiding principle for the Constitution's framers. Classical republicanism, which emphasized the rule of law and a government responsible to the governed, was also influential.
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The separation of powers and the system of checks and balances
The United States Constitution, the supreme law of the United States of America, was signed on September 17, 1787. The document, which established the government of the United States, embodies the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judiciary.
Separation of Powers
The Legislative Branch, consisting of the bicameral Congress, is responsible for creating laws. The Executive Branch, led by the President, is responsible for executing the laws, and the Judicial Branch, consisting of the Supreme Court and other federal courts, is responsible for interpreting the laws.
System of Checks and Balances
The system of checks and balances ensures that no one branch of the government has more power than another and that they can check the powers of one another. For example, while the President can veto legislation, they require the Senate's consent to appoint executive officers and judges or enter into treaties. The President also has the power to make treaties and issue executive orders, but these powers are checked by the other branches. The Legislative Vesting Clause, along with the Executive and Judicial Vesting Clauses, delineate the powers accorded to each branch.
The system of checks and balances also applies to the Judicial Branch, which is considered by many judges to be independent and untouchable within its sphere. However, Congress has the power to regulate attorneys and judges and establish rules for the conduct of federal courts, which are delegated to the Supreme Court due to its expertise.
The Framers of the Constitution were influenced by political philosophers such as Baron Charles de Montesquieu, who wrote about the separation of powers concept, and John Locke, whose ideas on unalienable rights influenced the structure of the Constitution. James Madison, in Federalist No. 51, addressed the challenge of preventing the accumulation of power in any one branch, advocating for a system of checks and balances to fortify each branch against encroachments by others. This system, known as the "Madisonian Model," recognises the deeply embedded human desire for power and influence and harnesses it for the advancement of the public good.
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Frequently asked questions
The Constitution of America was written in 1787.
The Constitution of America is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789.
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 was written in Philadelphia in the Assembly Room of the Pennsylvania State House, now known as Independence Hall.
The Constitution was drafted in secret by delegates to the Constitutional Convention.
