Eleanor Finch
The United States Constitution is a federal constitution that was influenced by the Magna Carta and other federations, both ancient and modern. It contains a preamble and seven articles that outline the structure and functioning of the government. The first three articles establish the three branches of government: the Legislative (Congress), Executive (Office of the President), and Judicial (Federal Court System). The constitution also includes details on the powers of these branches, such as the ability to declare war, raise armies, and define and punish piracies and felonies. It outlines the process for admitting new states into the Union and guarantees each state a republican form of government. The constitution has been amended several times, with a process that requires a higher threshold than lawmaking.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| Purpose | To revise the Articles of Confederation |
| Date of proposal | 21 February 1787 |
| Date of adoption | 17 September |
| Number of signers | 39 |
| Ratification requirements | 9 states |
| Ratification date | 1790 |
| Ratification by Rhode Island | 1790 |
| Basis | Magna Carta, common law, and political philosophy |
| Powers established | Legislative, Executive, and Judicial |
| Amendment process | Vote by two-thirds of the Senate and House of Representatives, or two-thirds of state legislatures submitting an application to Congress |
| Federal law | Supreme to state and local laws |
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What You'll Learn
The three branches of government
The Constitution of the United States outlines the structure and operation of the government, with the first three articles establishing the three branches of government and their powers: the legislative, executive, and judicial branches.
The legislative branch, or Congress, is responsible for making laws and consists of the Senate and the House of Representatives. Each state has two senators, and the number of representatives is proportional to the state's population. Congress can also amend the Constitution through a vote, with a two-thirds majority in both houses, followed by a vote in the state legislatures, requiring a three-fourths majority for ratification.
The executive branch is headed by the President, who is both the head of state and the government's head. The President is advised by the Cabinet, which includes the Vice President, heads of executive departments, and other high-ranking officials. The President nominates these members, who must then be approved by the Senate. The executive branch also includes independent agencies and various boards, commissions, and committees.
The judicial branch, or the Federal court system, is responsible for interpreting laws according to the Constitution. It is headed by the Supreme Court, consisting of nine Justices who are special judges hearing only cases related to the Constitution. The Supreme Court has original jurisdiction in cases involving ambassadors, public ministers, and consuls, and when a state is a party. The judicial branch also includes inferior courts established by Congress to hear cases arising under the Constitution, federal laws, and treaties.
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The ratification process
The final document was signed by 38 of the 41 delegates present on September 17, 1787, and it was agreed that it would not be binding until ratified by nine of the 13 existing states. The first state to ratify was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. North Carolina waited to ratify until after the Bill of Rights was passed, and Rhode Island only ratified after a threatened trade embargo. On June 21, 1788, New Hampshire became the ninth and final state needed to ratify the Constitution, making it the official framework of the US government.
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The amendment process
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made the process of amending the document a difficult task. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights.
Article V of the Constitution outlines the amendment process, which is more challenging than the process for making laws. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. Congress proposes an amendment in the form of a joint resolution, which does not require the President's signature or approval. Once proposed, the amendment is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format, as well as assembling an information package for the states.
After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services. The amendment is then submitted to the state legislatures or a convention, as specified by Congress. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). When the OFR verifies the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
In addition to the formal process outlined above, there have been discussions and attempts to call for a new Constitutional Convention to propose amendments. While this has never occurred, some individuals, such as retired federal judge Malcolm R. Wilkey, have advocated for it due to concerns about gridlock, excessive influence of interest groups, and members of Congress being overly focused on reelection. However, there are also opposing views, arguing that recent efforts to amend the Constitution go too far and are an overreaction to dissatisfaction with the government.
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The influence of philosophers
The US Constitution was influenced by the work of several philosophers, including John Locke, Montesquieu, Rousseau, and Mill. Locke's ideas, in particular, had a profound impact on the founding fathers of the United States, including George Washington, John Adams, and Thomas Jefferson. Locke's philosophy centred around the concept of natural rights and social contract theory, arguing that individuals possess certain inalienable rights—such as life, liberty, and property—simply by virtue of their humanity, and that legitimate government power stems from the consent of the governed. This belief in natural rights and the social contract was echoed in the Declaration of Independence, which stated that "all men are created equal" and endowed with "certain inalienable Rights".
Another key influence on the US Constitution was the French philosopher Montesquieu, who advocated for the separation of powers and believed that governmental authority should be divided into three distinct branches: legislative, executive, and judicial. This theory of checks and balances was designed to prevent the concentration of power and the potential for tyranny, and it deeply resonated with the Framers of the Constitution.
The Swiss philosopher, writer, and composer Jean-Jacques Rousseau also influenced the Constitution. While agreeing with Locke's ideas on natural rights and social contract theory, Rousseau disagreed with Locke's belief that the majority would always act for the common good. Instead, Rousseau argued that the role of the government was to ensure that the common good or general welfare was protected.
While Mill's theories did not directly influence the drafting of the Constitution, they did expound on some of the most precious concepts presented in the Bill of Rights. In his work "On Liberty", Mill argued for freedoms of conscience and speech, writing that even the most outrageous or offensive opinions have value as they contribute to a robust exchange of ideas.
Finally, the German idealist philosopher Georg Wilhelm Friedrich Hegel and the French philosopher Auguste Comte, a disciple of Saint-Simon, tackled essential questions about the role of technology, the avoidance of wars between sovereign states, and how to fill the void left by the decline of Christian beliefs. While their direct influence on the US Constitution is less clear, their ideas likely shaped the intellectual landscape of the time and contributed to the broader philosophical discourse that informed the development of constitutional thought.
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The protection of slavery
The U.S. Constitution, drafted in 1787, has been criticised for its protection of slavery, despite the fact that the word "slave" does not appear in the document. The omission of the word was intentional, as the framers of the Constitution recognised that it would sully the document. However, the Constitution did include several provisions that protected the institution of slavery.
Article 1, Section 9, prohibited Congress from banning the importation of slaves for 20 years, until 1808, and Article 5 prevented this clause from being amended. This clause, known as the Importation Clause, was not intended to protect the slave trade, but rather to end it, as it was the only way to get the southern states to agree to ratify the Constitution. The Three-Fifths Clause, or Article 1, Section 2, counted enslaved Black people as three-fifths of the number of white inhabitants for purposes of representation in Congress and taxation. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The Constitution also included a fugitive slave clause, or Article 4, Section 2, which required that escaped slaves be returned to their owners.
The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. Many of the framers had moral qualms about slavery, and some were members of anti-slavery societies. However, they were also slaveholders and sought to protect their economic interests. There was a real possibility that the United States would have split into separate free and slave confederacies if slavery had been banned.
It was not until the Thirteenth Amendment, proposed by Congress in 1865 and ratified by the states in the same year, that slavery and involuntary servitude were abolished in the United States. The Thirteenth Amendment was the first of three Reconstruction Amendments, followed by the Fourteenth and Fifteenth Amendments, which aimed to safeguard the rights of newly emancipated persons and ensure equal protection under the law.
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Frequently asked questions
The Constitution of the United States is a federal constitution that outlines the structure and operation of the government. It consists of a preamble and seven articles that establish the three branches of government: Legislative, Executive, and Judicial.
The Constitution includes provisions such as the separation of powers, a system of checks and balances, and the amendment process outlined in Article V. It also guarantees a republican form of government and protection against invasion for each state in the Union.
The Constitution was drafted by a convention of state delegates convened in Philadelphia on February 21, 1787, to propose revisions to the Articles of Confederation. The final document was engrossed by Jacob Shallus and ratified by the states, with Rhode Island becoming the 13th state to ratify it in 1790.
The three branches are the Legislative Branch (Congress), the Executive Branch (office of the President), and the Judicial Branch (Federal court system).
The Constitution was influenced by the Magna Carta, common law, and the study of other federations. The idea of separation of powers, for example, was inspired by Enlightenment philosophers such as Montesquieu and John Locke. The Connecticut Compromise also played a role in influencing the structure of Congress.
