The Constitution: Authority And Its Source

where is the source of authority for the new constitution

The Constitution of the United States of America is the supreme law of the United States, with the sovereign authority of the people. It is the source of all government powers and provides limitations on the government to protect the fundamental rights of citizens. The need for a new constitution arose from issues with the Articles of Confederation, which established a firm league of friendship between the states, but vested most of the power in a Congress of the Confederation. The Constitution was drafted by a committee in 1777 and ratified by the 13 colonies in 1781. It outlines the US judicial system, including the powers of federal courts and the Supreme Court. Amendments to the Constitution, such as the Thirteenth and Fourteenth Amendments, have been made over time to abolish slavery and grant citizenship to former slaves, protecting the rights and freedoms of Americans.

Characteristics Values
Number of Articles 7
Number of Amendments 27
First 10 Amendments known as Bill of Rights
First Constitution of the United States The Articles of Confederation and Perpetual Union
Number of States that ratified the first Constitution 13
Date of ratification of the first Constitution March 1, 1781
Date of signing of the new Constitution September 17, 1787
Date of ratification of the new Constitution June 21, 1788
Date of ratification of the first 10 Amendments December 15, 1791
Number of delegates who signed the new Constitution 39 out of 55
Number of branches of government 3
Number of competing plans for the new government 2
Name of the 2 competing plans Virginia Plan, New Jersey Plan
Name of the compromise plan Great Compromise (Connecticut Compromise)

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The need for a new constitution

The primary aim of the new constitution was to create a stronger national government that could act effectively at a national level while also safeguarding the fundamental rights of citizens. This was achieved by separating the powers of government into three branches—legislative, executive, and judicial—and implementing a system of checks and balances to prevent any one branch from gaining too much power.

The delegates' experiences with the King of England and his powerful Parliament influenced their desire to protect individual liberties. As a result, the new constitution included a Bill of Rights, with the first ten amendments guaranteeing freedoms such as freedom of speech, freedom of religion, the right to bear arms, and protection from unreasonable searches and seizures.

Additionally, the constitution aimed to address issues of representation in the legislature. Two competing plans emerged: the Virginia Plan, which favoured larger states by proposing representation based on state population, and the New Jersey Plan, which gave each state an equal vote in Congress. A compromise was reached, known as the Great Compromise or the Connecticut Compromise, where the House of Representatives would represent the people based on population, while the Senate would represent the states equally.

The final draft of the new constitution, composed of a preamble, seven articles, and 27 amendments, was signed on September 17, 1787, and ratified on June 21, 1788. It became the supreme law of the land, empowering the government while also protecting the fundamental rights of its citizens.

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Separation of government power

The Constitution of the United States is the supreme law of the land, and it serves as the source of authority for the US government. The Constitution was designed to address the shortcomings of the Articles of Confederation, which established a league of friendship among the states but vested limited power in Congress.

The concept of separation of powers is a key principle enshrined within the US Constitution. This doctrine seeks to distribute governmental powers across three distinct branches: the legislative, executive, and judicial branches. Each branch has its own specified duties and functions, and this separation aims to prevent the concentration of power in a single entity, thus protecting citizens' fundamental rights and liberties.

The legislative power is vested in Congress, which is responsible for creating and passing laws. The executive power, on the other hand, is held by the President, who is tasked with enforcing the laws and administering the government. Finally, the judicial power is entrusted to the Supreme Court and any lower courts established by Congress. This branch interprets and applies the law, resolves conflicts, and possesses the authority to punish and sentence.

The separation of powers is designed to create a system of checks and balances, ensuring that no single branch dominates the others. For example, while the President can veto congressional legislation, Congress also has the power to override these vetoes with a supermajority vote and even impeach the President.

The Framers of the Constitution drew upon their experiences with the British monarchy and Parliament, as well as the English Civil War, to shape their understanding of the separation of powers. They sought to create a government that was strong enough to act on a national level while also safeguarding individual freedoms.

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Checks and balances

The Constitution of the United States of America is the supreme law of the land, and it is empowered by the sovereign authority of the people. It is the source of all government powers and also provides limitations on the government to protect the fundamental rights of US citizens.

The need for the Constitution arose from the limitations of the Articles of Confederation, which established a "firm league of friendship" between the states but vested most of the power in a Congress of the Confederation. The central government had limited powers and lacked the ability to raise funds, making it dependent on the states.

The Constitutional Convention, comprising delegates from 12 of the 13 states, began working on a new Constitution in 1787. A key objective was to create a government with sufficient power to act nationally while preventing any single branch from gaining supremacy and endangering fundamental rights. This was achieved by dividing governmental power into three branches and implementing checks and balances on those powers.

The powers of each branch are outlined in the Constitution, with any powers not explicitly assigned being reserved for the states. The three branches of government, as established by the Constitution, are the legislative, executive, and judicial branches. The legislative branch, consisting of the House of Representatives and the Senate, is responsible for creating laws. The executive branch, led by the President, is tasked with enforcing those laws. Finally, the judicial branch, made up of federal courts, interprets and applies the law, as well as resolving conflicts and making decisions on punishment and future action.

The checks and balances system ensures that no single branch of government becomes too powerful and protects against the infringement of citizens' rights. This system allows for a balance of powers and a system of accountability, where each branch has some level of influence over the others, preventing any one branch from dominating the others.

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The preamble

This quote expresses the desire of the American people to create a stronger and more unified nation, with a government that can act on a national level. It highlights six key objectives: establishing justice, ensuring domestic tranquility, providing for the common defence, promoting general welfare, and securing liberty for both the present population and future generations.

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Ratification

The Constitution of the United States of America is the supreme law of the land, with the sovereign authority of the people and the consent of the legislatures of the states. It is the source of all government powers and also provides limitations on the government to protect the fundamental rights of US citizens.

The need for the Constitution arose out of problems with the Articles of Confederation, which established a "firm league of friendship" between the states, but vested most of the power in a Congress of the Confederation. The central government had extremely limited powers and could not raise funds, relying entirely on the states for money.

Delegates from 12 of the 13 states (Rhode Island did not send representatives) convened in Philadelphia in May 1787 to begin work on a new Constitution. The chief aim was to create a government with enough power to act on a national level, but without so much power that fundamental rights would be at risk. This was achieved by separating the power of government into three branches, each with enumerated powers, and including checks and balances to ensure no one branch gained supremacy.

The final draft of the Constitution, presented in September 1787, contained seven articles, a preamble, and a closing endorsement. On September 17, 1787, 39 of the 55 delegates signed the document, with some refusing to sign due to the lack of a bill of rights and the protection of slavery and the slave trade. The Constitution would take effect once ratified by nine of the thirteen state legislatures.

The process of ratification provided for much popular debate in the states, with two factions emerging: the Federalists, who supported adoption, and the Anti-Federalists, who opposed it. The first ten amendments to the Constitution, known as the Bill of Rights, were ratified on December 15, 1791, giving citizens more confidence in the new government and containing many of the freedoms valued by Americans today.

Frequently asked questions

The Constitution of the United States of America is the supreme law of the land, empowered by the sovereign authority of the people and the consent of the legislatures of the states.

The new constitution aimed to create a government with enough power to act on a national level while also protecting fundamental rights. This was achieved by separating the government's powers into three branches with checks and balances to prevent any one branch from gaining too much power.

The previous form of government, under the Articles of Confederation, established a "firm league of friendship" between the states but vested most of the power in a Congress of the Confederation. This central government had limited power and lacked the ability to raise funds, making it dependent on the states for financial support.

In 1787, delegates from 12 of the 13 states convened in Philadelphia to discuss changes to the Articles of Confederation and begin drafting a new constitution. The final document was presented to the convention in September 1787 and signed by 39 of the 55 delegates.

The new constitution provided for a separation of powers between the legislative, executive, and judicial branches of government. It outlined the structure and powers of each branch, including the establishment of a House of Representatives and a Senate. It also included a bill of rights, protecting freedoms such as freedom of speech, freedom of religion, and the right to bear arms.

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