Omar Bennett
The Constitution of the United States was written in 1787 in Philadelphia, Pennsylvania, by delegates from 12 states, 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, including the legislative, judicial, and executive branches. The Constitution is considered a rigid document, as its provisions are written and cannot be legally changed as easily as ordinary laws. The Constitution serves as the framework for the US government, outlining its powers and responsibilities, such as conducting foreign relations. It also includes the Bill of Rights, which comprises the first ten amendments, protecting individual freedoms and limiting government power.
| Characteristics | Values |
|---|---|
| Date written | Summer of 1787 |
| Location written | Philadelphia, Pennsylvania |
| Authors | Delegates from 12 states |
| Purpose | To replace the Articles of Confederation with a new form of government |
| Type of government | Federal system with a national government composed of 3 separated powers |
| Powers | Reserved and concurrent powers of states |
| Amendments | First 10 make up the Bill of Rights |
| Amendment author | James Madison |
| Amendment purpose | To limit government power and protect individual liberties |
| Amendment example | First Amendment: freedom of speech and religion |
| Amendment example | Fourth Amendment: protection from unreasonable government intrusion in homes |
| Classification | "Rigid" |
| Basis of government | Has served as the basis of the United States Government since 1789 |
| Date government became operative | February 2, 1790 |
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What You'll Learn
The US Constitution was written in 1787
The delegates to the convention, many of whom had fought in the Revolutionary War and served in Congress, created a model of government that relied on a series of checks and balances. They divided federal authority among the legislative, judicial, and executive branches. The Constitution's first three articles embody the doctrine of the separation of powers, with the legislative branch consisting of a bicameral Congress, the executive branch consisting of the President and subordinate officers, and the judicial branch consisting of the Supreme Court and other federal courts.
The opening words of the Constitution, "We the People," represented a new thought: the idea that the people, not the states, were the source of the government's legitimacy. This phrase was coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style. The Constitution was signed on September 17, 1787, and ratified on June 21, 1788. It became the law of the land in 1789 and has served as the basis of the United States government ever since.
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The Constitution established a federal government
The Constitution's main provisions include seven articles that define the basic framework of the federal government. The first three articles outline the structure and responsibilities of the three branches of government: the legislative, executive, and judicial. The legislative branch is divided into the House of Representatives and the Senate, with the House primarily responsible for writing laws and raising government funds through taxes, and the Senate handling important issues such as treaty ratification. The executive branch, led by the President, implements and enforces the laws passed by Congress and has the power to veto laws. The judicial branch, headed by the Supreme Court, has the power to review and interpret the constitutionality of laws and government actions.
The Constitution also grants certain powers to the federal government while leaving others to the states. For example, the federal government has authority over foreign affairs, with the executive branch managing relations with foreign governments and the legislative branch responsible for treaty ratification. On the other hand, the regulation of intrastate commerce and certain social policies are left to the states. The Fourteenth Amendment further delineates the balance of power between the federal and state governments, forbidding states from violating the fundamental rights of their citizens and granting Congress the power to enforce those constraints.
The establishment of a federal government with a system of checks and balances has been key to the functioning and longevity of the United States government.
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The Constitution has a system of checks and balances
The US Constitution divides the federal government into three branches: the legislative branch (makes the law), the executive branch (enforces the law), and the judicial branch (interprets the law). This separation of powers ensures that no individual or group will have too much power.
The legislative branch has the power to approve presidential nominations, control the budget, and impeach the President and remove them from office. The executive branch can declare Executive Orders, which are like proclamations that carry the force of law, but the judicial branch can declare those acts unconstitutional. The judicial branch interprets laws, but the President nominates Supreme Court justices, court of appeals judges, and district court judges who make the evaluations.
The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional. The executive branch, through the Federal agencies, has responsibility for the day-to-day enforcement and administration of Federal laws.
The ability of each branch to respond to the actions of the other branches is the system of checks and balances. Each branch of government can change acts of the other branches. For example, Congress can impeach both members of the executive and judicial branches. The President can veto legislation created by Congress, but Congress can override the President's veto with a two-thirds majority vote in both the House of Representatives and the Senate.
The system of checks and balances in government was developed to ensure that no one branch of government would become too powerful. The framers of the US Constitution built a system that divides power between the three branches of the US government and includes various limits and controls on the powers of each branch.
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The Constitution limits government power
The US Constitution limits government power in several ways. Firstly, it outlines a federal system with a national government composed of three separated powers, including the legislative, judicial, and executive branches. Each branch of government is designed to check the power of the other two, creating a system of checks and balances that prevents any one branch from becoming too powerful.
The Constitution also enumerates certain rights that limit government power and protect individual liberties. For example, the First Amendment protects freedom of speech and religion, while the Fourth Amendment safeguards citizens' right to privacy and freedom from unreasonable government intrusion into their homes.
Additionally, the Tenth Amendment reserves powers not delegated to the federal government by the Constitution to the states or the people. This ensures that the federal government cannot overreach its authority and that certain powers are kept at the state level.
The Constitution is considered a rigid document, meaning that its provisions cannot be legally changed as easily as ordinary laws. This rigidity ensures that any changes to the balance of power between the federal government and the states, or to the protection of individual liberties, must go through a more formal and deliberate process.
Furthermore, the Constitution grants the federal government only those powers specifically outlined in the document. While the Supreme Court has interpreted certain general provisions to allow for a "reasonable construction" of these powers, the Constitution remains the ultimate source of authority for the US government, limiting its power to act only in areas where it has been specifically granted authority.
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The Constitution protects individual liberties
The US Constitution, drafted in 1787, was designed to protect individual liberties. The Bill of Rights, which comprises the first ten amendments to the Constitution, safeguards individual freedoms such as freedom of speech, religion, and the right to bear arms. It also ensures protections such as due process and trial by jury.
The First Amendment guarantees the freedom to exercise one's religion, or no religion, without government influence. It also protects the freedom of speech and the freedom of the press, allowing individuals to express themselves through publication and dissemination. The First Amendment also includes the right to assemble, allowing people to gather for peaceful and lawful purposes, and the right to petition the government for a redress of grievances.
The Second Amendment states that "a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." The Third Amendment ensures that no soldier shall be quartered in a person's house without their consent, except in specific circumstances prescribed by law.
The Sixth Amendment provides additional protections for those accused of crimes, including the right to a speedy and public trial, an impartial jury, and the right to an attorney. The Eighth Amendment prohibits excessive bail and fines and cruel and unusual punishment.
The Ninth Amendment states that the listing of specific rights in the Constitution does not mean that people do not retain other rights not explicitly mentioned. The Fourteenth Amendment's Due Process Clause has been interpreted to protect certain fundamental rights found in the Bill of Rights from state government interference. This includes the right to marry, which has been recognised as a fundamental right inherent in personal liberty.
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Frequently asked questions
They were appointed by the legislatures of the different states.
No.
Rhode Island and Providence Plantations.
Yes, of all who voted. Four, two in Virginia and two in Maryland, did not vote; nor were the eight votes to which New York was entitled cast. He received 69 of the expected 81 votes.
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.
