Eleanor Finch
The United States Constitution is a federal constitution that was influenced by the study of the Magna Carta and other federations. It contains a preamble and seven articles that describe the structure of the government and how it operates. The first three articles establish the three branches of government and their powers: the legislative branch (Congress), the executive branch (office of the President), and the judicial branch (Federal court system). A system of checks and balances ensures that no one branch becomes dominant. The Constitution was drafted by delegates from twelve states (excluding Rhode Island) in Philadelphia in 1787, and was eventually ratified by nine states, with North Carolina and Rhode Island ratifying after George Washington's inauguration.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| Purpose | To describe the way the government is structured and how it operates |
| First three articles | Establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system) |
| System of checks and balances | Prevents any one of the three branches from becoming dominant |
| Articles IV-VII | Describe the relationship of the states to the Federal Government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes |
| Article V | Explains the amendment process, which is different and more difficult than the process for making laws |
| Article VI | States that Federal law is supreme to state and local laws |
| Article VII | Describes the ratification process for the Constitution; nine states were required to enact the Constitution |
| Ratification process | Ratification was by special state conventions |
| States that ratified the Constitution | Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, New York, North Carolina, and Rhode Island |
| State that did not send deputies to the Constitutional Convention | Rhode Island and Providence Plantations |
| Number of deputies sent by each state | No restrictions |
| "Sage of the Constitutional Convention" | Benjamin Franklin, of Pennsylvania |
| "Father of the Constitution" | James Madison, of Virginia |
| Literary authorship | Not definitely established |
| Influences | Magna Carta, common law, eighteenth-century Enlightenment philosophers (e.g., Montesquieu, John Locke), political philosophers (e.g., Blackstone, Hume, Locke, Montesquieu) |
Explore related products
$8.95 $8.95
What You'll Learn
Who wrote the Constitution?
The Constitution of the United States, the oldest and longest-standing written and codified national constitution in force, was written by 55 delegates to the Constitutional Convention in Philadelphia, Pennsylvania, during the summer of 1787. The delegates were chosen by the state legislatures of 12 of the 13 original states, with Rhode Island refusing to send any delegates. The convention's initial mandate was to amend the Articles of Confederation, which was the nation's first constitution. However, the delegates soon began considering measures to replace the Articles, as they 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 main authors of the Constitution were James Madison, Alexander Hamilton, and John Jay, who were all delegates to the convention and played a leading role in drafting the document. George Washington, who was unanimously elected president of the convention, also contributed to the Constitution. The delegates disagreed on many important issues, such as the balance of power between the states and the federal government, the structure of the legislature, and the qualifications for voting and office holding. They eventually reached compromises on these issues, but the Constitution remains a complex document with many ambiguities.
The drafting of the Constitution, often referred to as its framing, was completed on September 17, 1787, when 38 or 39 delegates signed the document. The Constitution of the United States is the supreme law of the country and has been amended 27 times since it became operational in 1789. It establishes a federal government with three branches: the legislative, executive, and judicial. It also guarantees certain rights to all citizens, such as freedom of speech, freedom of religion, and the right to due process of law.
Prayer in Public Schools: Constitutional Debate
You may want to see also
Ratification process
The ratification process for the US Constitution was a long and arduous journey. The delegates to the Constitutional Convention of 1787 were familiar with a decade-long constitutional heritage. The initial purpose of the Convention was for the delegates to amend the Articles of Confederation. However, the outcome was the proposal and creation of a new form of government.
The delegates, or deputies, were appointed by the legislatures of the different states. Benjamin Franklin of Pennsylvania was called the "Sage of the Constitutional Convention", and James Madison of Virginia was known as the "Father of the Constitution". Thomas Jefferson, who was absent from the convention, was the American Minister to France at the time.
The final draft of the Constitution was signed by 38 or 39 out of 41 delegates present on September 17, 1787, and it was then sent to the states for debate and ratification votes. The delegates agreed that the document would not be binding until it was ratified by nine of the 13 existing states. Delaware was the first state to ratify the Constitution on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut.
The ratification process was not without opposition. Some states voiced their disapproval of the Constitution on the grounds that it did not provide protection for rights such as freedom of speech, religion, and the press. The terms of the Massachusetts Compromise reached in February 1788, however, stipulated that amendments—what became the Bill of Rights—would be immediately proposed. The Constitution was subsequently ratified by Massachusetts, Maryland, South Carolina, and, finally, New Hampshire on June 21, 1788.
The first national day of Thanksgiving was observed on November 26, 1789, to celebrate the ratification of the Constitution. All 13 states eventually ratified the Constitution by May 29, 1790, when Rhode Island finally approved the document.
Avoiding Factions: The Constitution's Safeguards for a United America
You may want to see also
The Bill of Rights
The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out. The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. The First Amendment protects freedom of speech, freedom of religion, freedom of the press, and the right to assemble and petition the government. The Second Amendment protects the right to keep and bear arms, and the Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes. The Fourth Amendment bars the government from unreasonable search and seizure without a warrant, and the Fifth Amendment provides several protections for people accused of crimes, including the right to a grand jury, protection against double jeopardy, and protection against self-incrimination. The Sixth Amendment provides additional protections for the accused, including the right to a public trial and an impartial jury.
The Preamble Promise: "We the People" Power
You may want to see also
Explore related products
Separation of Powers
The US Constitution's Separation of Powers doctrine divides the responsibilities of the US government into three distinct branches: the executive, legislative, and judicial. This system of checks and balances prevents any one branch from holding too much power and ensures that each branch can hold the others accountable.
The legislative branch, or Congress, is responsible for creating laws and statutes. It consists of a Senate and a House of Representatives, and its legislative power is vested in the Federal Government. The executive branch, on the other hand, enforces the laws. It is headed by the President, who is the Commander-in-Chief of the Army and Navy and has the power to make treaties, appointments, and take care that the laws are executed faithfully. The President is supported by various executive departments, such as the Treasury and State. The judicial branch, including the Supreme Court and other lower courts, interprets the laws and can strike down actions by the legislative and executive branches if they are deemed unconstitutional.
The framers of the Constitution intentionally created this separation of powers to prevent a concentration of power in a single entity, which they believed could lead to tyranny. James Madison, one of the key influencers of the Founding Fathers, famously wrote, "Ambition must be made to counteract ambition," reflecting the belief that each branch's ambition to protect its own power would serve as a check on the powers of the other branches.
While most states adopted this philosophy, some did not strictly observe the separation of powers in the 18th century. For example, in New Jersey, the governor also functioned as a member of the state's highest court and as an officer of one house of the New Jersey Legislature. In contrast, many southern states, including Maryland, Virginia, North Carolina, and Georgia, explicitly required the separation of powers, keeping the branches of government "separate and distinct."
Understanding Ex Parte: When One-Sided Becomes Legal
You may want to see also
Delegates and deputies
The drafting of the US Constitution was a collaborative effort involving delegates and deputies from various states. The process began in 1786 when many Americans agreed that the Articles of Confederation needed amendments. The question arose as to whether Congress or a general convention of states should propose these changes.
Virginia took the initiative by inviting other states to meet in Annapolis, Maryland, to discuss commercial matters. The Annapolis commissioners wrote a report calling for a general convention to meet in Philadelphia in May 1787 "to render the constitution of the Federal Government adequate to the exigencies of the Union." This report sparked debates in Congress, with some questioning the need for such a convention.
However, Virginia took the lead again by becoming the first state to authorize the election of delegates to a general convention on November 23, 1786. In early 1787, New York and Massachusetts followed suit, instructing their delegates to Congress to push for congressional authorization of a convention. This culminated in a resolution passed on February 21, 1787, stating that the convention's purpose was "for the sole and express purpose of revising the Articles of Confederation."
By May and June of 1787, six states (including Virginia) had elected delegates to the convention: New York, Massachusetts, South Carolina, Connecticut, Maryland, and New Hampshire. Notably, Rhode Island refused to send delegates, a decision that would delay the convention's proceedings.
The delegates to the Constitutional Convention were a diverse group, ranging in age, experience, and educational background. A total of 73 delegates were appointed, but only 55 attended the sessions, and of those, 39 actually signed the Constitution. The average age of the delegates was 42, with some as young as 26 and others as old as 81. Over half of the delegates had graduated from college, with a significant number having attended Princeton and British universities. Many of the delegates had prior political experience, having served in the Continental Congress, helped draft state constitutions, or played a role in the Confederation Congress.
The deputies to the Constitutional Convention, on the other hand, were appointed by the legislatures of the different states. There were no restrictions on the number of deputies a state could send. Twelve states were represented at the convention, with Rhode Island and Providence Plantations being the only states that did not send deputies.
The Press and the Constitution: Freedom Guaranteed
You may want to see also
Frequently asked questions
The literary authorship of the Constitution is not established.
The preamble is an introduction to the Constitution, communicating the intentions of its framers and the purpose of the document.
The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system).
When two-thirds of the Senate and two-thirds of the House of Representatives vote to change the Constitution, an amendment goes to the state legislatures for a vote. Alternatively, two-thirds of the state legislatures can submit an application to Congress, and then Congress calls a national convention at which states propose amendments. Three-fourths of the state legislatures or state conventions must vote in favor of an amendment to ratify it.
Rhode Island and Providence Plantations did not send deputies to the Constitutional Convention.
