Malcolm Rivera
The concept of a constitution has ancient origins, with the Romans codifying their constitution in 450 BC as the Twelve Tables and Aristotle making a formal distinction between ordinary law and constitutional law in c. 350 BC. The first constitution of the United States was the Articles of Confederation, which was adopted in 1777 and established a league of friendship for the 13 sovereign and independent states. However, the Articles of Confederation were ineffective in meeting the young nation's needs, and in 1787, the Constitutional Convention assembled in Philadelphia to draft a new constitution, which remains in effect today.
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What You'll Learn
The US Constitution
The drafting of the US 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 convention was attended by delegates from 12 of the 13 original states; Rhode Island refused to send delegates. The convention's initial mandate was limited to amending the Articles of Confederation, which had been ineffective in meeting the needs of the young nation. However, the delegates quickly began considering measures to replace the Articles.
The first three articles of the US Constitution 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 remaining articles (Article IV, Article V, and Article VI) embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relation to the federal government, and the shared process of constitutional amendment.
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The first US Constitution
The United States Constitution, which came into effect in 1789, is the first permanent constitution of the country. It superseded the Articles of Confederation, the US's first constitution, which was in force from 1781 until 1789. The Articles of Confederation was drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and was adopted by the full Congress on November 15, 1777. Ratification by the 13 colonies took more than three years and was completed on March 1, 1781.
The drafting of the US 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 convention's initial mandate was limited to amending the Articles of Confederation, which had proven ineffective in meeting the young nation's needs. However, the delegates soon began considering measures to replace the Articles. The first proposal discussed, introduced by delegates from Virginia, called for a bicameral (two-house) Congress that would be elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch.
The US Constitution, which was originally written on five pages of parchment by Jacob Shallus, has been amended 27 times since it came into effect. The first ten amendments, known collectively as the Bill of Rights, offer specific protections of individual liberty and justice and place restrictions on the powers of the government within the US states. The majority of the 17 later amendments expand individual civil rights protections, while others address issues related to federal authority or modify government processes and procedures.
The US 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). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relation to the federal government, and the shared process of constitutional amendment.
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Ancient constitutions
The concept of a constitution has ancient origins, with many ancient societies codifying their laws and systems of governance. One of the earliest known codes of justice was issued by the Sumerian king Urukagina of Lagash around 2300 BCE. This code allowed certain rights to citizens, such as tax relief for widows and orphans and protection for the poor from the wealthy. The oldest known existing document of this kind is the Code of Ur-Nammu of Ur, which dates back to approximately 2050 BCE.
Other well-known ancient law codes include the Code of Lipit-Ishtar of Isin, the Code of Hammurabi of Babylonia, the Hittite Code, the Assyrian Code, and Mosaic Law. The city-state of Athens had its oral laws codified by Draco in 621 BCE, which prescribed the death penalty for many offences, leading to the modern term "draconian" to describe particularly harsh rules. In 594 BCE, Solon, the ruler of Athens, created the Solonian Constitution, which eased the burden on workers and determined that membership of the ruling class was based on wealth rather than birth. Cleisthenes further reformed the Athenian constitution in 508 BCE, setting it on a democratic footing.
The Romans codified their constitution as the Twelve Tables in 450 BCE, and various Germanic peoples who filled the power vacuum left by the Western Roman Empire also produced written law codes, such as the Visigothic Code of Euric in 471 CE. The concept of a constitution continued to evolve, with the Codex Theodosianus of 438 CE reorganising Roman law into a single code.
In the Middle Ages, the idea of an "ancient constitution" was often invoked in England as a way to resist monarchical power and assert the authority of Parliament. This style of argument was also seen in France, where resistance to royal power and protection of aristocratic privileges were key elements of ancient constitutionalist thinking.
The Fetha Negest, written in Arabic by the Coptic Egyptian Christian writer 'Abul Fada'il Ibn al-'Assal around 1240, became the supreme law in Ethiopia from 1563 until 1931. The Golden Bull of 1356, meanwhile, fixed an important aspect of the constitutional structure of the Holy Roman Empire for over four hundred years.
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The first written constitution
Another early example is the Solonian Constitution, created in 594 BC by Solon, the ruler of Athens. This constitution aimed to ease the burden on workers and determine that membership of the ruling class was based on wealth rather than birth.
The first modern written constitution was the 1634 Instrument of Government, adopted by the Kingdom of Sweden following the death of King Gustavus Adolphus.
The United States Constitution, which became operational in 1789, was also highly influential. It was the first permanent constitution and has influenced the constitutions of many other nations. The US Constitution superseded the Articles of Confederation, which was the nation's first constitution. The US Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial.
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Constitutional principles
The first written constitution adopted by a modern state was the 1634 Instrument of Government, drawn up under the Lord High Chancellor of Sweden, Axel Oxenstierna, after the death of King Gustavus Adolphus.
The first constitution of the United States was the Articles of Confederation, which superseded the nation's first constitution on March 4, 1789. The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart. The US Constitution was influenced by the study of the Magna Carta and other federations, both ancient and extant.
The US Constitution, which became operational in 1789, has been amended 27 times since then. The first ten amendments, known collectively as the Bill of Rights, offer specific protections of individual liberty and justice and place restrictions on government powers within the US states. The majority of the 17 later amendments expand individual civil rights protections.
The US 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). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relation to the federal government, and the shared process of constitutional amendment.
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