Malcolm Rivera
The United States Constitution, ratified on 21 June 1788, is the oldest written national constitution still in use. It superseded the Articles of Confederation, which was the nation's first constitution. The US Constitution was influenced by the writings of Polybius, Locke, Montesquieu, and others. The document became a benchmark for republicanism and codified constitutions written thereafter. The Constitution of Medina, the Cyfraith Hywel (Law of Hywel), and the Polish–Lithuanian Commonwealth Constitution are also some of the earliest constitutions.
| Characteristics | Values |
|---|---|
| First constitution in the world | The Constitution of Medina, written in 622 |
| First codified constitution | The Solonian Constitution, created in 594 BC |
| First constitution with a democratic footing | The Athenian constitution, set by Cleisthenes in 508 BC |
| First formal distinction between ordinary law and constitutional law | Aristotle's work, c. 350 BC |
| First national constitution in use | The United States Constitution, ratified on June 21, 1788 |
| First constitution of its kind in Europe | The Polish–Lithuanian Commonwealth Constitution, passed on May 3, 1791 |
| First constitution in the US | The Articles of Confederation, superseded by the US Constitution on March 4, 1789 |
| Date of first draft of the US Constitution | August 6, 1787 |
| Date of signing of the US Constitution | September 17, 1787 |
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What You'll Learn
- The US Constitution, ratified on 21 June 1788, is the oldest written national constitution in use
- The US Constitution superseded the Articles of Confederation, the nation's first constitution
- The Articles of Confederation gave the Confederation Congress the power to make rules but it had no enforcement powers
- The US Constitution was influenced by the writings of Polybius, Locke, Montesquieu, and others
- The US Constitution was also influenced by the country's experience under the Articles of Confederation
The US Constitution, ratified on 21 June 1788, is the oldest written national constitution in use
The US Constitution, ratified on 21 June 1788, is the oldest written national constitution still in use. It superseded the Articles of Confederation, which was the first constitution of the United States. The Articles of Confederation were adopted by the Continental Congress on 15 November 1777 and became effective on 1 March 1781. This "first constitution" established a "league of friendship" between the 13 independent states. However, it had no enforcement powers, couldn't regulate commerce, or print money, and it soon became clear that a stronger, more centralised government was needed.
The US Constitution was signed by 38 delegates (39 including George Reed, who signed on behalf of John Dickinson of Delaware) on 17 September 1787. It was the result of a Constitutional Convention that met in Philadelphia in May 1787. The convention was organised due to concerns that the young country was on the brink of collapse. The delegates debated for three hot summer months, and a Committee of Detail was appointed to put their decisions in writing. A Committee of Style and Arrangement then condensed 23 articles into seven in less than four days.
The Constitution was first ratified by Delaware on 7 December 1787, followed by eight other states, including Pennsylvania, New Jersey, and Georgia. On 21 June 1788, New Hampshire became the ninth of 13 states to ratify the Constitution, making it the official framework of the US government. All 13 states eventually ratified the Constitution by 29 May 1790, when Rhode Island finally approved the document. The Bill of Rights was ratified to become part of the Constitution by the end of the following year.
The US Constitution is the supreme law of the land, and it outlines the frame 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, executive, and judicial. The Constitution also describes the rights and responsibilities of state governments and their relationship to the federal government. It continues to guide the US government, protect the rights of Americans, and inspire democracies worldwide.
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The US Constitution superseded the Articles of Confederation, the nation's first constitution
The United States Constitution, which came into effect on March 4, 1789, superseded the Articles of Confederation, which was the first US Constitution. The Articles of Confederation were adopted by the Continental Congress on November 15, 1777, and served as the United States' first constitution. It was in force from March 1, 1781, until 1789 when the present-day US Constitution went into effect.
The Articles of Confederation established a "'firm league of friendship'" for the 13 sovereign and independent states. Each state retained "every Power... which is not by this confederation expressly delegated to the United States". The Articles also outlined a Congress with representation not based on population – each state held one vote in Congress. Ratification by all 13 states was necessary to set the Confederation into motion. The Confederation Congress was given the power to make rules and request funds from the states, but it lacked enforcement powers, could not regulate commerce, print money, or levy taxes.
The weaknesses of the Articles of Confederation became apparent a few years after the Revolutionary War, when James Madison, Alexander Hamilton, and George Washington feared their young country was on the brink of collapse. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the country apart. The central government's power was quite limited, and it was unable to regulate commerce, raise taxes, or enforce laws.
In 1786, the Jay-Gardoqui Treaty with Spain further demonstrated the weaknesses of the Articles of Confederation in foreign policy. The United States was to give up its rights to use the Mississippi River for 25 years, which would have economically harmed the settlers west of the Appalachian Mountains. Additionally, due to the Confederation's military weakness, it could not compel the British army to leave frontier forts on American soil.
As a result, the Constitutional Convention assembled in Philadelphia in May 1787 to revise the Articles of Confederation. The delegates quickly realized that the defects in the frame of government could not be remedied by altering the Articles, and so they went beyond their mandate and created a new constitution. The new constitution gave much more power to the central government, establishing a system of checks and balances with three branches: the legislative, executive, and judicial.
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The Articles of Confederation gave the Confederation Congress the power to make rules but it had no enforcement powers
The United States' first constitution, the Articles of Confederation, was adopted by the Continental Congress on November 15, 1777. This document gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers.
The Articles of Confederation established a "league of friendship" for the 13 sovereign and independent states. Each state retained "every Power... which is not by this confederation expressly delegated to the United States". The Articles outlined a Congress with representation not based on population – each state had one vote. Ratification by all 13 states was necessary to set the Confederation into motion.
The Articles of Confederation gave the Confederation Congress the power to make rules, but it lacked enforcement powers, which led to several issues. Congress could not regulate commerce, print money, or effectively support a war effort. It also could not tax, and was generally impotent in setting commercial policy. The central government had little power to settle disputes between states, and the states retained considerable power.
The weaknesses in the Articles of Confederation became apparent over time. Congress commanded little respect and no support from state governments, which were anxious to maintain their power. The lack of authority to regulate commerce made it difficult for Congress to protect or standardize trade between foreign nations and the various states.
In 1787, a Constitutional Convention was assembled in Philadelphia to work on revising the Articles of Confederation. On September 17, 1787, 38 delegates signed the new Constitution, creating a powerful central government. The new Constitution superseded the Articles of Confederation on March 4, 1789, and delineated the framework of the federal government, with a separation of powers into legislative, executive, and judicial branches.
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The US Constitution was influenced by the writings of Polybius, Locke, Montesquieu, and others
The US Constitution was influenced by several significant thinkers and writers, including Polybius, Locke, and Montesquieu. Polybius, a Hellenistic Greek historian and analyst of constitutional change, is known for his work "Histories", which covers the period from 264 BC to 146 BC, with a focus on Rome's rise to power in the Mediterranean. In his writing, Polybius discusses the concept of the ""cycle of constitutions" and the importance of balancing and checking the impulses of the people through effective institutions. He also introduces the idea of "the people" and explores the separation of powers in government, which would later influence the structure of the US Constitution.
John Locke, an English philosopher, is another important figure whose ideas shaped the US Constitution. Locke's "Two Treatises of Government" may have been influenced by Polybius' work, as it explores similar themes of constitutional theory and the separation of powers. Locke's writings contributed to the Enlightenment-era thinking that informed the Founding Fathers' vision for the United States.
Charles de Montesquieu, a French political thinker, was also influenced by Polybius' work, particularly in his book "The Spirit of the Laws." Montesquieu's ideas on the separation of powers and checks and balances within a government had a direct impact on the structure of the US Constitution. The Founding Fathers, including John Adams, were well-versed in Montesquieu's work and incorporated his ideas into their own thinking about constitutional government.
In addition to these key figures, other writers and philosophers also influenced the US Constitution. The Anti-Federalists, for example, played a significant role in shaping the document by advocating for a bill of rights and a more balanced distribution of power between the states and the central government. The final Constitution, ratified in 1789, reflects a synthesis of ideas from a variety of sources, demonstrating the complex and nuanced thinking that went into its creation.
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The US Constitution was also influenced by the country's experience under the Articles of Confederation
The United States Constitution, which came into effect in 1789, was influenced by the country's experience under the Articles of Confederation, which served as the country's first constitution. The Articles of Confederation were adopted by the Continental Congress on November 15, 1777, and established a "league of friendship" for the 13 independent states. Each state retained powers not expressly delegated to the United States, and the central government had limited authority.
The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers and could not regulate commerce or print money. Disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart, and the central government was unable to effectively resolve these quarrels. This led to concerns that the country was on the brink of collapse, and efforts to revise the Articles of Confederation began in 1787 with the Constitutional Convention in Philadelphia.
The delegates at the Constitutional Convention, including James Madison, Alexander Hamilton, and George Washington, worked to create a new constitution that addressed the weaknesses of the Articles of Confederation. They sought to establish a more powerful central government that could effectively regulate commerce, enforce laws, and maintain order. The new Constitution, signed in 1787 and ratified in 1789, replaced the Articles of Confederation and established a federal government with three branches: the legislative, executive, and judicial.
The ratification of the new Constitution was a challenging process, with Federalists and Anti-Federalists holding opposing views. Federalists believed in the necessity of a strong central government to address the nation's challenges, while Anti-Federalists opposed a powerful central government, reminding them of the one they had overthrown. The Anti-Federalists also argued for the inclusion of a Bill of Rights, which was eventually added as the Ninth Amendment as a compromise.
The US Constitution, influenced by the experiences under the Articles of Confederation, established a more robust central government with the power to regulate commerce, enforce laws, and maintain order. It also delineated the separation of powers into three branches, ensuring a balance of power and addressing the concerns arising from the country's first constitution.
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Frequently asked questions
The first constitution ever in use was the Solonian Constitution, created in 594 BC by Solon, the ruler of Athens.
The US Constitution was signed by 39 delegates 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 was influenced by the writings of Polybius, Locke, Montesquieu, and others. It was also influenced by the country's experience under the Articles of Confederation, which had attempted to retain the independence and sovereignty of the states.
Early constitutions include the Cyfraith Hywel (Law of Hywel), which was the main law code in Wales until 1535, the Visigothic Code of Euric (471 AD), and the Edicts of Ashoka, which established constitutional principles for the 3rd century BC Maurya king's rule in India.
