Malcolm Rivera
The United States Constitution was signed on September 17, 1787, by 38 of the 41 delegates present, and ratified on June 21, 1788, when New Hampshire became the ninth of 13 states to approve it. The Constitution was written to replace the Articles of Confederation with a new form of government. It established a federal system with a national government composed of three separated powers, and included reserved and concurrent powers of states. The first ten amendments to the Constitution make up the Bill of Rights, which was ratified in 1791. The Constitution also outlines the role of the President of the United States, including the length of their term, their powers, and the process of their removal.
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The Bill of Rights
The House approved 17 amendments, of which the Senate approved 12, which were sent to the states for approval in August 1789. Ten of the proposed 12 amendments were ratified by three-fourths of the state legislatures on December 15, 1791. The ratified amendments constitute the first 10 amendments of the Constitution, or the U.S. Bill of Rights. The Bill of Rights was influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties.
The First Amendment prohibits Congress from making laws establishing religion or abridging freedom of speech, freedom of the press, the right to peaceably assemble, and the right to petition the government for a redress of grievances. The Second Amendment states that a well-regulated militia is necessary for the security of a free state, and that the right of the people to keep and bear arms shall not be infringed. The Third Amendment states that no soldier shall, in time of peace, be quartered in any house without the owner's consent. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes and requires a warrant for such intrusion.
The Ninth Amendment states that the enumeration in the Constitution of certain rights shall not be construed to deny or disparage other rights retained by the people. The Tenth Amendment states that powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states or the people. The Fourteenth Amendment, ratified in the 1860s, opened the door for the application of the Bill of Rights to state and local governments.
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Separation of Powers
The US Constitution was written in the summer of 1787 in Philadelphia, Pennsylvania, by delegates from 12 states. The document was intended to replace the Articles of Confederation with a new form of government.
The Constitution established a federal system with a national government composed of three separate powers: the legislative, executive, and judicial. This system is commonly referred to as the separation of powers.
The Framers' experience with the British monarchy informed their belief that concentrating governmental powers in a single entity would lead to arbitrary and oppressive actions. They sought to ensure that each of the three basic functions of government would be exercised by a separate and independent branch of the Federal Government.
The Legislative Power of the Federal Government is vested in Congress, which has the power to create laws or statutes. The Executive Power is vested in the President, who enforces the laws of the legislature. The Judicial Power is vested in the Supreme Court and any lower courts created by Congress, which exercise judicial review over the actions of the other two branches.
The separation of powers is also known as the system of checks and balances, as each branch is given certain powers to inspect and block the other branches from overstepping their duties. The Framers incorporated various checks that each branch could exercise against the actions of the other two, such as Congress's power to impeach and remove the President, Vice President, and civil officers of the United States.
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Ratification
The ratification of the United States Constitution was a lengthy and complex process, with deep-seated differences of opinion over the new constitution and the balance of power between the states and the federal government.
The Constitution was signed on September 17, 1787, and submitted to the Congress of the Confederation in New York City, the nation's temporary capital, just three days later. The document was originally intended as a revision of the Articles of Confederation, which had been ratified by the 13 colonies on March 1, 1781, but it ended up introducing a completely new form of government.
The Articles of Confederation had created a loose confederation of sovereign states, but it proved insufficient, especially in trade, commerce, and defence. The new Constitution aimed to address these shortcomings by providing for a more efficient federal government with sovereign authority independent of the consent of a majority of states.
The process of ratification was outlined in Article VII of the proposed Constitution, which required state legislatures to organise "Federal Conventions" to ratify the document. This process ignored the amendment provision of the Articles of Confederation, which required unanimous approval of all the states. Instead, Article VII called for ratification by just nine of the 13 states—a two-thirds majority.
The debate over ratification gave rise to two factions: the Federalists, who supported the Constitution, and the Anti-Federalists, who opposed it. Alexander Hamilton, James Madison, and John Jay, who were delegates from the Philadelphia Convention and members of Congress, authored the "Federalist Papers" to promote ratification and address people's fears about a federal government. On the other side, Anti-Federalists like George Mason argued against the Constitution.
George Washington, who had been president of the Constitutional Convention, played an active role in the ratification process. He believed that the Constitution would strengthen the national government and address the weaknesses of the Articles of Confederation. Washington corresponded with political leaders across the nation, urging them to support the Constitution. He also sent copies of the document to key figures, including Thomas Jefferson and the Marquis de Lafayette, hoping for their backing.
The first state to ratify the Constitution was Delaware, which voted 30–0 in favour on December 7, 1777. This was followed by Pennsylvania, which approved the measure 46–23, and New Jersey, which also recorded a unanimous vote. As 1788 began, Connecticut and Georgia followed suit with almost unanimous votes. On June 21, 1788, New Hampshire became the ninth state to ratify, satisfying the requirement for ratification under Article VII. However, the process was not without challenges, with larger states like New York, Virginia, and Massachusetts expressing concerns over the lack of protections for individuals. Rhode Island was the last state to ratify the Constitution in May 1790, after initially rejecting it in a referendum.
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The Preamble
- Form a more perfect Union: The Constitution seeks to create a stronger and more unified nation, bringing together the different states under a federal system.
- Establish Justice: This refers to the goal of creating a fair and impartial system of laws and courts to ensure justice for all.
- Insure domestic Tranquility: The Constitution aims to promote peace and order within the nation, ensuring stability and harmony among the people.
- Provide for the common defence: This objective emphasises the need for a collective defence and security for all the states, protecting the nation from external threats.
- Promote the general Welfare: The Constitution aims to enhance the well-being and prosperity of the people, ensuring their needs are met and their rights are protected.
- Secure the Blessings of Liberty: This final objective guarantees the freedoms and liberties of the people, ensuring they can enjoy their natural rights as citizens of the new nation.
These goals, outlined in the Preamble, reflect the values of liberty, equality, limited government, and self-governance that are central to the American political tradition. The Preamble serves as a reminder to lawmakers, judges, and government officials that their actions must be guided by these principles and the rules established in the Constitution.
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Presidential Powers
The US Constitution was written in the summer of 1787 in Philadelphia, Pennsylvania, by delegates from 12 states. It was created to replace the Articles of Confederation with a new form of government. The Constitution establishes the Executive Branch of the federal government, with federal executive power vested in the President.
Article II of the Constitution outlines specific presidential powers and duties. The President is the Commander in Chief of the Army and Navy of the United States and of the Militia of the several States. They have the power to require written opinions from the heads of executive departments and to grant reprieves and pardons for offences against the United States (except in cases of impeachment). The President also has the authority to make treaties, appoint ambassadors, and fill vacancies during Senate recess.
Additionally, the President is required to periodically advise Congress on the state of the union and make legislative recommendations. They can convene or adjourn Congress during extraordinary circumstances and have the duty to receive ambassadors and other public ministers. The President is also responsible for ensuring that the laws of the nation are faithfully executed.
The Constitution also sets out the qualifications for the President. They must be a natural-born citizen of the United States, at least 35 years old, and have been a resident of the United States for at least 14 years. The President is elected for a term of four years and is compensated for their services.
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Frequently asked questions
The US Constitution was created to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote general welfare, and secure the blessings of liberty.
The Bill of Rights is made up of the first ten amendments to the Constitution, which outline and protect individual freedoms and limit government power.
The US Constitution was written in the summer of 1787 in Philadelphia, Pennsylvania, by delegates from 12 states. James Madison altered the text where he thought appropriate, and it was presented by Gouverneur Morris.
