Eleanor Finch
The United States Constitution, ratified on June 21, 1788, is often considered the oldest constitution in the world. It was the first permanent constitution of its kind and influenced the constitutions of several other countries. However, the Constitution of San Marino is nearly 200 years older, but it is not entirely codified. The US Constitution is made up of seven articles, a preamble, and a closing endorsement, as well as a Bill of Rights and several amendments.
| Characteristics | Values |
|---|---|
| First country to make a constitution | The United States of America |
| Date ratified | June 21, 1788 |
| Date last amended | N/A |
| Author(s) | James Madison |
| Government type | Federal presidential constitutional republic |
| Number of articles | Seven |
| Number of amendments | N/A |
| Oldest constitution | San Marino |
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What You'll Learn
The US Constitution is often considered the oldest
The US Constitution was influenced by the earlier Constitution of San Marino, which is nearly 200 years older. However, not all of San Marino's Constitution is codified, and the US Constitution was the first permanent constitution of its kind. It has also influenced the constitutions of several other countries.
The Philadelphia Convention is credited with writing the US Constitution, and James Madison wrote much of the document. Madison also helped write the constitution for Virginia, which was used as the basis for the US Constitution. The US Constitution has an entrenched clause that prohibits abolishing equal suffrage of the States within the Senate without their consent.
While the US Constitution is considered the oldest, there are several other early constitutions. Poland's Constitution of May 3, 1791, is of historical significance, although it was only in effect for one year due to the Russo-Polish War of 1792. The Belgian Constitution, approved on February 7, 1831, was inspired by the French constitutions of 1791, 1814, and 1830, the Dutch constitution of 1814, and English constitutional law. The Dutch Constitution, in its current form, dates to 1983. The Constitution of Canada was written in 1867 as the British North America Act, establishing Canada as a self-governing confederation under the British Crown.
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Poland's Constitution of 3 May 1791
The United States Constitution, ratified in 1788, is often considered the oldest in the world. However, Poland's Constitution of 3 May 1791 is also historically significant. It was only in effect for one year due to the Russo-Polish War of 1792, but it became an important factor for Polish citizens living in their occupied homeland.
Poland's Constitution was an expression of remarkable political will in times of great adversity. It enfranchised townspeople and the nobility, covering a similar percentage of the population as the American Constitution, which limited rights and privileges to male property owners. The Polish Constitution was translated into French, German, and English, and prominent figures such as Thomas Paine and Edmund Burke praised Poland's progressive thinking and democratic spirit.
The memory of the 1791 Constitution nurtured the political aspirations of many successive generations of Poland's citizens. It kept the flame of democracy alive, and in 1918, after World War I, Poland's independence was restored, and the May 1791 Constitution was revisited, updated, and revised.
Like all constitutions, Poland's Constitution of 3 May 1791 outlined the legal system of the country and detailed its citizens' rights. It is similar to other constitutions in its basic structure, but each constitution is unique to its country, detailing its specific laws, government, and citizen's rights.
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Belgium's Constitution was approved on 7 February 1831
The United States Constitution, ratified in 1788, is often considered the oldest constitution in the world. However, Poland's Constitution of 3 May 1791 is also noteworthy, although it was only in effect for one year due to the Russo-Polish War of 1792.
Belgium's Constitution, an original document, was approved on 7 February 1831, after the National Congress first gathered in November 1830 to deliberate on establishing a new government. The Belgian Constitution was inspired by the French constitutions of 1791, 1814, and 1830, the Dutch constitution of 1814, and English constitutional law. It established Belgium as a parliamentary monarchy with three levels of government: the legislative, executive, and judiciary. The constitution also outlined the rights and freedoms of Belgian citizens, including equality before the law, freedom of expression, religion, education, and the press, and the right to assemble peaceably.
The Belgian Constitution of 1831 was significant as it established Belgium as a unitary state with a federal model, organised at three levels: the national level, provinces, and municipalities. It also recognised the separation of powers between the executive, legislative, and judiciary branches of government. The constitution placed the Catholic Church in a privileged position, despite mandating the separation of church and state.
The Belgian Constitution has undergone amendments over time. For example, the official version in 1831 was written in French, and it was only in 1967 that an official Dutch version was adopted. A German version was also introduced in 1991. In 2003, a significant change was made with the introduction of the Court of Arbitration, which was redesignated as the Constitutional Court in 2007. This court is responsible for examining compliance with specific constitutional provisions.
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The Athenian Constitution was set on a democratic footing in 508 BC
The United States Constitution is often considered the oldest constitution in the world, as it was ratified in 1788 and is the first permanent constitution of its kind. However, the roots of the principles of classical Athens are evident in the US Constitution, and the Athenian Constitution was set on a democratic footing in 508 BC.
Athenian democracy developed around the 6th century BC in the Greek city-state (or 'polis') of Athens, encompassing the city of Athens and the surrounding territory of Attica. It was focused on supporting liberty, equality, and security. While Athens is the most well-known of the democratic city-states in ancient Greece, it was neither the sole nor the first such state. Several other city-states adopted similar democratic constitutions before Athens. By the late 4th century BC, as many as half of the over one thousand existing Greek cities may have been democracies.
Solon, who was appointed premier archon in 594 BC, made economic and constitutional reforms to alleviate conflict arising from inequities in Athenian society. He also set up an Ecclesia or Assembly, which was open to all male citizens. In 508 and 507 BC, Cleisthenes issued reforms that undermined the dominance of aristocratic families and connected every Athenian to the city's rule. This included the introduction of the institution of ostracism, which allowed for the exile of individuals deemed dangerous to the state.
Athenian democracy was a direct democracy consisting of three important institutions. The first was the Ekklesia, or Assembly, the sovereign governing body of Athens, which was open to all male citizens over the age of 18. The second was the Boule, or Council of Five Hundred, consisting of 50 men from each of the ten Athenian tribes, serving one-year terms. The Boule met daily and handled the hands-on work of governance, such as supervising government workers and managing foreign relations. The third institution was the Dikasteria, or jury system, where more than 500 jurors were chosen by lot from male citizens over 30. The Dikasteria had almost unlimited power, as there were no police in Athens, and Athenian citizens themselves brought court cases and delivered verdicts.
Despite the significance of the Athenian Constitution, it is important to note that Athenian democracy had its limitations. Participation was restricted to adult, free male citizens, who constituted around 30% of the total adult population. Critics of Athenian democracy, such as Thucydides and Aristophanes, pointed out the influence of elite domination and the potential for the majority to be swayed by popular leaders or their emotions.
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The US Constitution influenced the constitutions of several other countries
The US Constitution, which was ratified on June 21, 1788, is often considered the oldest constitution in the world. It was the first permanent constitution of its kind and has influenced the constitutions of several other countries.
The US Constitution served as a model for other nations drafting new constitutions, especially in Latin America during the early 19th century. Many countries adopted the idea of a written constitution from the US, and some non-US constitutions include similar provisions for a presidential system of government, the right to bear arms, and the prevention of quartering soldiers during wartime. The US Constitution also influenced the concepts of federalism and the separation of powers in other countries. Its impact can be seen in the similarities of phrasing and entire passages in other constitutions, as well as in the principles of the rule of law and recognition of individual rights.
For instance, Venezuela in 1811, Mexico in 1824, the Central American Federation in 1825, and Argentina in 1826 adopted constitutions directly inspired by the US Constitution. The 1891 constitution of Poland copied the US Constitution's preamble and impeachment provisions, and its Article V provided Europe's first statement of popular sovereignty. Cuba's 1901 constitution, written under US military authority, also bears obvious American imprints. Similarly, the US Constitution influenced Japan's 1947 constitution, and Haiti's 1918 constitution was based on compromises between existing government forums and the ideologies of the American military forces occupying the country since 1915.
In addition, the American experience of constitutional amendment and judicial review motivated constitutionalists such as Abraham Lincoln during the American Civil War, Benito Juárez of Mexico, José Rizal of the Philippines, and Sun Yat-sen of China. However, some scholars argue that the influence of the US Constitution has been waning since the 1980s as countries have created new constitutions or updated older ones.
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Frequently asked questions
The US was the first country to make a constitution, in 1787.
The US Constitution was the first written constitution and was the product of political compromise after long and often rancorous debates over issues such as states’ rights, representation, and slavery.
The second oldest constitution was that of Canada, written in 1849.
The Kingdom of Sweden adopted the first written constitution in 1634.
