Simone Lawson
The United States Constitution, the oldest and longest-standing written and codified national constitution in force, was written in 1787 and took effect in 1789. It has been amended 27 times since 1789. The US Constitution was not the first of its kind, as the Romans initially codified their constitution in 450 BC as the Twelve Tables. The US Constitution was also influenced by the writings of 18th-century British political philosopher John Locke, who expanded on the contract theory of government. Most constitutions are written within 16 months, and the average life of a newly written constitution is 19 years.
| Characteristics | Values |
|---|---|
| Time period | Late 18th century |
| Location | Philadelphia |
| Delegates | 38 |
| Date signed | September 17, 1787 |
| Number of signatures | 39 |
| Date of ratification | 1789 |
| Number of amendments | 27 |
| Date of first three amendments (Bill of Rights) | 1791 |
| Date of first constitution | 1781 |
| Previous constitution | Articles of Confederation |
| Average life of a constitution | 19 years |
| Average time taken to draft a constitution | 16 months |
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What You'll Learn
The United States Constitution
The Constitution has been amended twenty-seven times since it came into force in 1789. Notably, the first ten amendments, known as the Bill of Rights, safeguard individual liberty and justice while limiting the powers of the government. The United States Constitution, a product of the American Enlightenment, was influenced by political philosophers such as Locke, Blackstone, Hume, and Montesquieu, who emphasised the importance of personal liberties and the consent of the governed.
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The Articles of Confederation
The process of drafting the Articles of Confederation began in mid-June 1777, when a committee appointed by the Second Continental Congress was tasked with determining the form of the confederation of the colonies. The committee was composed of one representative from each of the 13 colonies, with John Dickinson of Delaware as the principal writer. The final draft, known as the Dickinson Draft, was completed on November 15, 1777, and ratified by all 13 states.
As a result, just a few years after the Revolutionary War, prominent figures such as James Madison, Alexander Hamilton, and George Washington feared that the country was on the brink of collapse. In May 1787, a Constitutional Convention was assembled in Philadelphia to revise the Articles of Confederation and create a stronger central government. This led to the drafting of the United States Constitution, which was ratified in 1788 and took effect in 1789, replacing the Articles of Confederation as the supreme law of the land.
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The influence of political philosophers
The United States Constitution, the oldest and longest-standing written and codified national constitution, has served as the supreme law of the land since 1789. The document was drafted in 1787 at the Philadelphia Convention and was ratified through a series of state conventions held in 1787 and 1788.
The US Constitution was influenced by several political philosophers, including John Locke, Edward Coke, William Blackstone, David Hume, and Montesquieu. These thinkers were among the most frequently referenced during the framing and signing of the Constitution.
John Locke, a British political philosopher, was a major influence following the Glorious Revolution of 1688. He expanded on the contract theory of government, advanced by his contemporary Thomas Hobbes, and argued for the principle of consent of the governed in his "Two Treatises of Government." Locke's philosophy held that the government's duty under a social contract was to serve the people by protecting their basic rights to life, liberty, and property. This philosophy guided the founders' belief that laws, rather than men, should be the final sanction, and that government should be responsible to the governed.
William Blackstone, another influential political philosopher, held that Members of Parliament were "not bound... to consult with, or take the advice, of his constituents." This idea of "virtual representation" clashed with the emerging American theory of representation, which moved towards a theory of sovereignty of the people. The American theory required community residency of voters and representatives, expanded suffrage, and equalized populations in voting districts.
David Hume, an eighteenth-century Scottish philosopher, was admired by Benjamin Franklin, who studied many of his works. Both embraced the idea that high-ranking public officials should receive no salary and that the lower class was a better judge of character.
Montesquieu's influence on the framers of the Constitution is evident in James Madison's "Federalist No. 47" and Alexander Hamilton's "Federalist No. 78." Madison, in particular, made frequent reference to Montesquieu, Locke, and Blackstone. Montesquieu's ideas also resonated with Thomas Jefferson, John Adams, and George Mason, who were known to read his works.
The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into the legislative, executive, and judicial branches. This structure reflects the influence of these political philosophers, particularly Locke's ideas on the consent of the governed and the protection of basic rights.
In addition to these philosophers, Thomas Paine's works, such as "Common Sense" and "The Age of Reason," also contributed to the political discourse during the time of the Constitution's drafting. Paine's writings critiqued the Bible and promoted the idea that men are born free and equal in their rights, with political associations created solely to preserve these rights.
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Ratification and amendments
Ratification is a crucial step in the constitution-making process, and it involves securing approval from a designated number of states or entities. The United States Constitution, the oldest and longest-standing written and codified national constitution, came into effect in 1789 after a series of state conventions in 1787 and 1788. The process of ratification for the US Constitution bypassed state legislatures, instead relying on special ratifying conventions in each state. This approach was chosen because delegates anticipated reluctance from state legislatures to cede power to a national government. Ratification by 9 of the 13 states was required to enact the new government, and 11 states had ratified the Constitution by September 1788.
The US Constitution has been amended twenty-seven times since 1789. Amending the Constitution is a challenging process, requiring a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. Notably, all 27 amendments have been proposed by Congress, with none originating from a constitutional convention. Once an amendment is proposed, it is forwarded to the Office of Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and creates an information package for the states.
The ratification process for an amendment begins when governors submit the proposed amendment to their state legislatures. A proposed amendment becomes part of the Constitution when ratified by three-quarters of the states (38 out of 50). The OFR examines the ratification documents for legal sufficiency and authentic signatures. If the documents are in order, the Director of the Federal Register acknowledges receipt and maintains custody. Once an amendment is ratified, the Archivist of the United States certifies its validity, and this certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation.
The US Constitution's amendments include significant additions such as the ten amendments of the United States Bill of Rights and the three Reconstruction Amendments. The Bill of Rights established protections for various civil liberties, initially applying only to the federal government. However, through a process of incorporation, most protections now apply to state governments as well. Notable amendments to the Constitution in the 20th century include granting women the right to vote, enacting and repealing Prohibition, abolishing poll taxes, and lowering the minimum voting age to 18.
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The Bill of Rights
Most constitutions were written in the late 18th century, a time when many countries were gaining independence and forming new governments. The United States Constitution, for example, was written in 1787 and ratified in 1788, making it the oldest and longest-standing written and codified national constitution in force.
The United States Bill of Rights, comprising the first ten amendments to the United States Constitution, was proposed in 1789 and ratified in 1791. It was influenced by the Virginia Declaration of Rights, the English Bill of Rights, the Magna Carta, and other earlier documents. The Bill of Rights was added to the Constitution to address concerns about the limits of government power and to protect individual liberties. James Madison, a member of the U.S. House of Representatives at the time, wrote the amendments.
The first eight amendments in the Bill of Rights outline specific freedoms and rights, while the ninth and tenth amendments emphasize that the enumeration of certain rights does not deny or disparage other rights retained by the people, and that powers not delegated to the federal government are reserved for the states or the people.
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Frequently asked questions
Most modern constitutions have been written in the last 200 years, with the average life of a newly written constitution being around 19 years. However, some constitutions, like that of the United States, have remained in force for several centuries.
The oldest constitution is the Roman Constitution, initially codified in 450 BC as the Twelve Tables.
Most constitutions were written in the capital cities of the countries they were written for. For example, the US Constitution was written in Philadelphia, the UK Constitution was written in London, and the French Constitution was written in Paris.
