Eleanor Finch
The Constitution of the United States is the supreme law of the United States of America. It came into force on March 4, 1789, superseding the nation's first constitution, the Articles of Confederation. The Constitution establishes the framework of the federal government, outlining the separation of powers into three branches: the legislative, executive, and judicial. The legislative branch consists of a bicameral Congress, the executive branch is led by the President, and the judicial branch comprises the Supreme Court and other federal courts. The Constitution has undergone 27 amendments, with the first ten amendments collectively known as the Bill of Rights. The process of amending the Constitution demonstrates the rigidity of this foundational document, as it cannot be altered as easily as ordinary laws. The Constitution holds significant influence, shaping the government and legal system of the United States, and continues to be interpreted and debated by legal scholars.
| Characteristics | Values |
|---|---|
| Rigidity | The provisions are in a written document that cannot be legally changed as easily as ordinary laws. |
| Supreme law | The Constitution is the supreme law of the United States of America. |
| Separation of powers | The federal government is divided into three branches: legislative, executive, and judicial. |
| Written document | Transcribed by Jacob Shallus on parchment and publicly displayed at the National Archives Museum. |
| Ratification | Ratified on June 21, 1788, with nine states' votes. |
| Amendments | There have been 27 amendments, with six pending or expired. |
| Presidential eligibility | Only natural-born citizens over 35 years old and 14-year residents are eligible for the presidency. |
| Presidential duties | The president must take an oath to "preserve, protect and defend the Constitution." They are also Commander in Chief of the Army and Navy and may grant reprieves and pardons. |
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What You'll Learn
The US Constitution is the supreme law
The US Constitution is rigid, meaning its provisions cannot be legally changed as easily or quickly as ordinary laws. This is in contrast to the British Constitution, which is unwritten and can be altered overnight by an act of Parliament. The US Constitution has a formal amendment process, and any changes must be ratified by a specified number of states. As of 2025, there have been 27 amendments to the Constitution, with four more technically still pending.
The Constitution establishes a federal government with three branches: the legislative, executive, and judicial. The legislative branch consists of a bicameral Congress, with the House of Representatives composed of members chosen every second year by the people of the states. The executive branch is led by the President, who is elected for a four-year term and is responsible for executing the laws and conducting foreign affairs. The judicial branch is headed by the Supreme Court, which interprets the Constitution and ensures that government actions do not violate it.
The US Constitution also includes provisions for the election of senators, outlining that they should be elected by direct popular vote. Additionally, it stipulates the eligibility requirements for the presidency, specifying that only natural-born citizens over the age of 35 who have been residents in the US for at least 14 years are eligible for the office.
The Constitution begins with a preamble that outlines its purpose and guiding principles. These include forming a more perfect union, establishing justice, ensuring domestic tranquility, providing for the common defence, promoting general welfare, and securing the blessings of liberty for the people and their posterity.
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It outlines the separation of powers
The Constitution of the United States is the supreme law of the United States of America. It outlines the separation of powers, which is embodied in its first three articles. The federal government is divided into three branches: the legislative, the executive, and the judicial.
The legislative branch consists of a bicameral Congress (Article I). This branch is responsible for making laws and consists of the Senate and the House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the states.
The executive branch consists of the President and subordinate officers (Article II). The President is the head of state and government and is responsible for executing the laws. The President is vested with certain powers, such as the power to make treaties with the advice and consent of the Senate, and to appoint ambassadors, ministers, judges, and other officers. The President also serves as the Commander-in-Chief of the Army, Navy, and Militia of the United States.
The judicial branch consists of the Supreme Court and other federal courts (Article III). This branch is responsible for interpreting the laws and ensuring that they conform to the Constitution. The Supreme Court is the head of the third branch of the government and has the power to review and decide on the constitutionality of government actions.
The separation of powers outlined in the Constitution helps to ensure that no one branch of the government holds too much power and provides a system of checks and balances. This system helps to protect against the abuse of power and promotes a more balanced and stable government.
The Constitution, with its outline of the separation of powers, provides a framework for the functioning of the US government and helps to protect the rights and freedoms of its citizens.
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The President must protect and defend it
The Constitution of the United States is the supreme law of the United States of America. It is a rigid document that cannot be legally changed as easily as ordinary laws. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789, and was ratified on June 21, 1788. The 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.
The President of the United States is the head of the executive branch, and as such, plays a crucial role in protecting and defending the Constitution. Before assuming office, the President must take an oath or affirmation, swearing to "preserve, protect and defend the Constitution of the United States." This solemn vow underscores the President's responsibility to uphold the nation's highest law and ensure that its principles are upheld.
The President's duty to protect and defend the Constitution manifests in several ways. Firstly, the President is the Commander-in-Chief of the country's armed forces, including the Army, Navy, and the Militia of the several States when called into actual service. This role entails ensuring national security and safeguarding the country from external threats, which aligns with upholding the Constitution.
Secondly, the President has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. This power allows the President to exercise discretion and ensure justice, which is a fundamental principle enshrined in the Constitution.
Additionally, the President plays a pivotal role in treaty-making and appointing key government officials. With the advice and consent of the Senate, the President can make treaties and appoint ambassadors, ministers, judges of the Supreme Court, and other officers. This collaborative process between the executive and legislative branches ensures a system of checks and balances, preventing unilateral decisions that may undermine the Constitution.
Moreover, the President is responsible for executing the laws of the land, which includes ensuring that the Constitution is upheld and respected. The President, as the leader of the executive branch, must faithfully execute the laws enacted by Congress and ensure that they align with the principles outlined in the Constitution.
In summary, the President of the United States has a solemn duty to protect and defend the Constitution. This responsibility is not just a ceremonial oath but a fundamental aspect of the Presidency. By upholding the Constitution, the President safeguards the rights and freedoms of Americans, ensures a balanced government, and preserves the nation's democratic ideals.
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Amendments are proposed and ratified
The process of amending the Constitution of the United States is a well-defined and rigorous procedure. Amendments to the Constitution can be proposed by either Congress or the states, and they must be ratified by three-quarters of the state legislatures or by conventions in three-quarters of the states, depending on which body proposes the amendment. This process is designed to ensure that any changes made to the Constitution are carefully considered and widely supported.
The process of amending the Constitution has been used numerous times throughout US history. The first ten amendments, known as the Bill of Rights, were ratified in 1791 and protect various individual liberties, such as freedom of speech and the right to bear arms. Since then, several amendments have been made, including the 13th Amendment, which abolished slavery, and the 19th Amendment, which guaranteed women's suffrage.
The process of proposing and ratifying amendments to the Constitution is a collaborative effort between Congress and the states. Amendments can be proposed by a two-thirds vote in both houses of Congress or by a national convention called by Congress at the request of two-thirds of the state legislatures. Once an amendment has been proposed, it must be ratified by three-quarters of the state legislatures or by conventions in three-quarters of the states, depending on which method of proposal was used.
The process of amending the Constitution is not a simple or rapid one, and it is designed to ensure that any changes made are carefully considered and reflect the will of the people. The high threshold for ratification ensures that amendments have broad support across the country and are not just the result of transient majorities or special interests. This deliberate process is a key feature of the US constitutional system and sets it apart from more flexible or easily amendable constitutions in other countries.
The US Constitution's amendment process has been hailed as a remarkable achievement in the history of governance. It strikes a delicate balance between stability and adaptability, allowing the nation's fundamental law to evolve while preserving the core principles upon which the country was founded. The rigorous process also encourages robust debate and fosters a deep sense of civic engagement among citizens, as they actively participate in shaping the direction of their nation through the amendment process.
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It is influenced by Montesquieu's 'Spirit of Laws'
The US Constitution is considered to be influenced by Montesquieu's "Spirit of the Laws". Montesquieu, or Charles-Louis de Secondat, was a French political philosopher. His principal work, "The Spirit of Laws", was first published in 1748 as "De L’Esprit des loix" and appeared in English in 1750. Montesquieu envisioned "The Spirit of Laws" as a major work of law and politics, and he applied himself accordingly to its composition. He undertook an extensive program of reading in law, history, economics, geography, and political theory, producing several volumes of notes, of which only one, on geography, survives.
In "The Spirit of Laws", Montesquieu compares the merits of different theories of democracy, especially with regard to liberty and despotism. He also developed a theory of ideal government where the people would be sovereign to a significant degree. He was influenced by the writings of Rousseau, who also developed a similar theory of government. Both Montesquieu and Rousseau influenced the French and American Revolutions.
Montesquieu's work was placed on the Index Librorum Prohibitorum (Latin for "Index of Forbidden Books") in 1751, which dismayed him. However, this setback was temporary, and he had already published his "Défense de L’Esprit des lois" (Defense of the Spirit of Laws) in 1750.
The book is said to have had a great influence on the members of the Constitutional Convention, and the ideas within it are reflected in the US Constitution. Montesquieu's views on encouraging liberty in government were echoed by Burke, who often cited him favourably. Tocqueville was also heavily influenced by Montesquieu and framed his understanding of stable democracy around his ideas. Similarly, the writings of Madison and Hamilton were heavily influenced by "The Spirit of Laws".
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Frequently asked questions
The term "rigid" is used in opposition to "flexible" because the provisions are in a written document that cannot be legally changed as easily as ordinary laws. The British Constitution, which is unwritten, can be changed overnight by an act of Parliament.
The book that had the greatest influence on the members of the Constitutional Convention was Montesquieu's "Spirit of Laws", which first appeared in 1748.
Nine states were required to ratify the Constitution. The states that ratified it were Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, and New York.
