Jonah Patel
The United States Constitution and the American flag are two enduring symbols of the nation. Both have been at the centre of political and social debates, with the Constitution being the supreme law of the land and the flag a revered national symbol. The Constitution was drafted in 1787 and ratified in 1789, with the first 10 amendments, including the Bill of Rights, coming into force in 1791. The flag, on the other hand, has evolved over time, with the current design of 13 stripes and 50 stars adopted in 1960. So, which came first?
| Characteristics | Values |
|---|---|
| Date of authorization | Flag: June 14, 1777 |
| Constitution: March 4, 1789 | |
| Date of drafting | Flag: N/A |
| Constitution: May 25, 1787–September 17, 1787 |
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What You'll Learn
- The US flag was authorized by the Continental Congress on June 14, 1777
- The US Constitution superseded the Articles of Confederation on March 4, 1789
- The flag was raised on foreign soil for the first time after the Battle of Derne in 1805
- The Constitution was drafted at the Constitutional Convention in Philadelphia between May 25 and September 17, 1787
- The Supreme Court ruled flag burning as a form of symbolic speech and protected under the First Amendment
The US flag was authorized by the Continental Congress on June 14, 1777
The US flag has a rich history that dates back to the country's early years. On June 14, 1777, the Continental Congress authorized the creation of the US flag, a significant milestone in the nation's journey towards independence and the formation of its identity. This authorization set in motion the design and adoption of a flag that would come to symbolize the United States of America and serve as a source of pride and unity for its citizens.
The Continental Congress, in their resolution, described the flag's design, stating that it would consist of "13 stripes alternate red and white" and "13 stars, white in a blue field, representing a new constellation." This design choice reflected the 13 original colonies that had declared their independence from Britain and were now united as states under the new nation. The red and white stripes represented the original colonies, while the stars symbolized their unity and collective aspiration for a brighter future.
The authorization of the US flag by the Continental Congress occurred a full decade before the Constitution of the United States was written and ratified. The Constitution, drafted between May 25 and September 17, 1787, in Philadelphia, laid out the framework for the federal government, including the legislative, executive, and judicial branches. It superseded the Articles of Confederation, becoming the supreme law of the land on March 4, 1789.
The flag, on the other hand, served as an early symbol of the nation's unity and emerging identity. It was a visual representation of the young country's ideals and aspirations, and its creation was an important step in fostering a sense of national pride and camaraderie among the citizens of the newly formed United States. The flag was a constant reminder of their shared struggle for independence and their collective vision for the future.
Over time, the flag has evolved to include more stars as new states joined the union. It has been flown in significant historical events, such as the Battle of Derne in 1805, where it was raised on foreign soil for the first time. The flag has also inspired artistic endeavours, such as the poem "Defence of Fort McHenry" by Key, which was later set to music and became the national anthem, "The Star-Spangled Banner."
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The US Constitution superseded the Articles of Confederation on March 4, 1789
The Articles of Confederation, officially the Articles of Confederation and Perpetual Union, served as the first constitution of the United States during the American Revolution. It was finalized and adopted by the Continental Congress on November 15, 1777, and came into force on March 1, 1781, after being ratified by all 13 colonial states. The Articles established a weak confederal government, with each state retaining sovereignty and considerable power. However, the central government lacked sufficient power to regulate commerce and address the young nation's needs effectively.
The drafting of the new Constitution began at the Constitutional Convention in Philadelphia on May 25, 1787. The delegates quickly realized that the defects in the frame of government could not be remedied by altering the Articles, and thus they went beyond their initial mandate of amending the Articles to replace them with a new constitution. The new Constitution provided for a much stronger federal government by establishing a chief executive (the president), courts, and taxing powers.
The Constitutional Convention was marked by intense debates on various issues, including state sovereignty, the powers granted to Congress, the establishment of a judiciary, western land claims, and voting procedures. The final document, signed in September 1787, included concepts of federalism, separation of powers, and the rights and responsibilities of state governments in relation to the federal government. Despite the significance of the transition, logistical challenges were evident, with only 22 of the expected 81 members present at the official handover date in 1789.
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The flag was raised on foreign soil for the first time after the Battle of Derne in 1805
The United States Constitution was 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 drafting of the Constitution, often referred to as its framing, was completed at the Constitutional Convention, which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787.
The battle and the broader First Barbary War highlighted the challenges faced by the United States in dealing with piracy and asserting its interests in the Mediterranean during the early years of its existence as a nation. The First Barbary War (1801–1805), also known as the Tripolitan War and the Barbary Coast War, was a conflict during which the United States fought against Ottoman Tripolitania. Tripolitania had declared war on the United States over disputes regarding tributary payments in exchange for a cessation of Tripolitanian commerce raiding at sea.
The Battle of Derne was the first time the United States flag was raised in victory on foreign soil. O'Bannon raised the American flag (the 15 stars, 15 stripes emblem used from 1795 to 1818, later made famous in the War of 1812 as the "Star-Spangled Banner") over the battery, and Eaton turned the captured guns on the city. This action is memorialized in a line of the Marines' Hymn: "From the Halls of Montezuma to the shores of Tripoli, we fight our country's battles in the air, on land, and sea."
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The Constitution was drafted at the Constitutional Convention in Philadelphia between May 25 and September 17, 1787
The Constitution of the United States 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 was drafted at the Constitutional Convention in Philadelphia between May 25 and September 17, 1787. The drafting of the Constitution, often referred to as its framing, was completed at Independence Hall in Philadelphia during this period. The convention was assembled to amend the Articles of Confederation, which had been ineffective in meeting the young nation's needs. However, the delegates soon began considering measures to replace the Articles entirely.
The delegates to the convention were chosen by the state legislatures of 12 of the 13 original states, with Rhode Island refusing to send delegates. The first proposal discussed was introduced by delegates from Virginia and called for a bicameral (two-house) Congress to be elected based on state population, with an elected chief executive and an appointed judicial branch. This proposal, known as the Virginia Plan, was one of two competing visions for the new government, the other being the New Jersey Plan, which retained the unicameral legislative structure created by the Articles.
The Constitutional Convention was a pivotal moment in American history, as it laid the foundation for the federal government and the separation of powers that would define it. The Constitution's first three articles embody this doctrine, dividing the government into three branches: the legislative (a bicameral Congress), the executive (the President and subordinate officers), and the judicial (the Supreme Court and other federal courts). The remaining articles outline the rights and responsibilities of state governments, the relationship between the states and the federal government, and the process for amending the Constitution.
The Constitution was written 10 years after the Continental Congress authorized the design of the American flag on June 14, 1777. The flag, with its 13 stripes and 13 stars, represented the 13 United States. The Constitution was ratified in 1789, two years after it was drafted and 12 years after the flag was authorized. This ratification established the Constitution as the supreme law of the land, superseding the Articles of Confederation and solidifying the framework for the American government.
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The Supreme Court ruled flag burning as a form of symbolic speech and protected under the First Amendment
The United States Constitution, the supreme law of the United States of America, was adopted in 1789. The US flag has gone through multiple designs, with the current 50-star design being adopted in 1960. While it is unclear which came first, the history of the flag dates back to the late 1700s, around the same time as the Constitution.
The Supreme Court Rules on Flag Burning
The United States Supreme Court has ruled on the controversial issue of flag burning on multiple occasions, upholding the rights of protesters to express themselves through this symbolic act. The Court has deemed flag burning a form of symbolic speech protected under the First Amendment, despite strong opposition and efforts to prohibit it.
Texas v. Johnson (1989)
In one of the landmark cases, Texas v. Johnson in 1989, the Supreme Court ruled in favor of protester Gregory Lee Johnson, who burned the American flag during a political demonstration. The Court, in a 5-4 decision, held that Johnson's actions constituted symbolic speech and could be expressed even if they offended or affronted those who disagreed. Justice William Brennan, writing for the majority, stated that Johnson's conduct was expressive and did not threaten to disturb the peace.
United States v. Eichman (1990)
In reaction to the Johnson decision, Congress passed the Flag Protection Act of 1989, a national anti-flag burning law. However, this law was also struck down by the Supreme Court in United States v. Eichman in 1990. Justice Brennan, again citing the First Amendment, wrote, "If there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."
Spence v. Washington (1974)
The Court's recognition of flag burning as symbolic speech protected under the First Amendment built upon earlier cases, such as Spence v. Washington in 1974. In this case, the Court held that an individual could not be convicted for altering the American flag with a peace sign, as it was a form of protected expression.
Tinker v. Des Moines Independent Community School District (1969)
In another context, the Supreme Court ruled in Tinker v. Des Moines Independent Community School District (1969) that a school district's ban on students wearing black armbands to protest the war violated their First Amendment rights. The Court recognized the students' actions as symbolic speech, which the school could not suppress.
The Supreme Court's rulings on flag burning and symbolic speech have been highly contentious, with strong dissenting opinions. However, the Court has consistently upheld the principle that the government may not prohibit the expression of ideas, even when they are considered offensive or disagreeable.
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Frequently asked questions
The flag came first. The first official flag of the US was created in 1777, while the US Constitution was written in 1787.
The US Constitution created a new, unprecedented form of government by reallocating powers. It established a power-sharing system between the national government and state governments.
The US Constitution was written by a Committee of Detail, consisting of Nathaniel Gorham of Massachusetts, John Rutledge, Edmund Randolph, James Wilson, and Oliver Ellsworth.
