Jonah Patel
The Constitution of the United States is the foundation of the Federal Government and is often referred to as the supreme law of the land. It is a living document that can be amended, although in over 200 years there have only been 27 amendments. The Constitution is divided into three parts: the Preamble, which serves as an introduction and outlines the general goals of the framers; the seven Articles, which establish the structure of the government and how the Constitution can be changed; and the Amendments, which list changes to the Constitution, the first ten of which are known as the Bill of Rights. The Preamble, with its famous first three words, We the People, emphasizes that the nation is to be ruled by the people and sets the tone for the rest of the document.
| Characteristics | Values |
|---|---|
| Introduction to the Constitution | Preamble |
| Describes the purpose of the document and the Federal Government | We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America |
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What You'll Learn
The Preamble
> "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
The first three words, "We the People", are significant in that they establish the principle that the nation is to be ruled by its citizens, rather than a monarch or dictator. The rest of the Preamble outlines the general goals of the framers: to create a just government and to ensure peace, an adequate national defence, and a healthy, free nation.
The drafting of the Constitution, often referred to as its framing, was completed at the Constitutional Convention in Philadelphia between May 25 and September 17, 1787. The document was intended as a revision of the Articles of Confederation but instead introduced a completely new form of government. The Constitution was submitted to the Congress of the Confederation in New York City, the nation's temporary capital, within three days of its signing. Members of Congress had the power to reject it but instead voted unanimously to forward the proposal to the thirteen states for their ratification.
The Constitution set out to unite a group of states with different interests, laws, and cultures, and its citizens as members of a whole, vesting the power of the union in the people.
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The Constitution's ratification
The Preamble is the introduction to the US Constitution. It outlines the general goals of its framers, including the establishment of a just government, peace, an adequate national defence, and a healthy, free nation. The Preamble also emphasises that the nation is to be ruled by the people, not a king or a dictator.
The US Constitution's ratification was a lengthy process that began on May 25, 1787, when the Constitutional Convention first met in Philadelphia, Pennsylvania, to revise the Articles of Confederation. The Constitutional Convention, composed of delegates from 12 of the 13 original states (Rhode Island refused to send delegates), was initially intended to amend the Articles of Confederation. However, the delegates soon began considering a complete replacement. The drafting of the Constitution was completed on September 17, 1787, and the document was signed and adopted on the same day.
Within three days of its signing, the Constitution was submitted to the Congress of the Confederation in New York City, the nation's temporary capital. Despite having the power to reject it, Congress voted unanimously on September 28 to forward the proposal to the 13 states for their ratification. This process, outlined in Article VII of the proposed Constitution, required state legislatures to organise "Federal Conventions" to ratify the document. Notably, this process bypassed the amendment provision of the Articles of Confederation, which mandated unanimous approval of all states. Instead, Article VII required ratification by only nine of the 13 states, or a two-thirds majority.
The ratification process sparked intense debates, with two factions emerging: the Federalists, who supported the Constitution, and the Anti-Federalists, who opposed it. The proposal was scrutinised, criticised, and discussed clause by clause. The Federalists, including Hamilton, Madison, and Jay, published a series of commentaries known as The Federalist Papers in support of ratification. The first three states to ratify the Constitution were Delaware, Pennsylvania, and New Jersey, with Delaware voting unanimously 30-0, Pennsylvania approving 46-23, and New Jersey recording another unanimous vote. As 1788 began, Connecticut and Georgia followed suit, with Connecticut's vote being nearly unanimous and Georgia's unanimous.
The outcome, however, became less certain as leaders of influential states like Virginia, New York, and Massachusetts expressed concerns over the lack of protections for individuals. The Federalists eventually conceded, promising to add amendments securing individual liberties if the Constitution was adopted. This led to the collapse of the Anti-Federalists' position. On June 21, 1788, New Hampshire became the ninth state to ratify, officially establishing the Constitution for those nine states. The remaining states to ratify were Virginia, New York, and Rhode Island, with Rhode Island being the last to ratify on May 29, 1790. The Constitution included the first ten Amendments, known as the Bill of Rights, which were added in 1791 to secure individual freedoms.
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The Bill of Rights
On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. Ten of these were ratified by three-fourths of the state legislatures on December 15, 1791, and these ratified amendments constitute the Bill of Rights. The first eight amendments concern specific civil liberties, while the ninth and tenth amendments emphasise that other rights exist beyond those mentioned in the Bill of Rights.
The First Amendment prohibits Congress from obstructing the exercise of certain individual freedoms, including freedom of religion, speech, the press, assembly, and the right to petition. The Second Amendment guarantees the right to keep and bear arms, and the Third Amendment prohibits the quartering of soldiers in civilian homes without consent. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes, requiring a warrant for such intrusion. The Fifth through Eighth Amendments concern various legal rights in criminal proceedings, such as the right to due process and protection from double jeopardy.
The Ninth Amendment states that the "enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people", indicating that the Bill of Rights does not provide an exhaustive list of citizens' rights. The Tenth Amendment further emphasises this point, stating that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people".
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The Articles
The US Constitution is divided into three parts: the Preamble, the seven Articles, and the Amendments. The Articles establish how the government is structured and how the Constitution can be changed.
Article I establishes the legislative branch of the government, outlining the powers of Congress. It defines the structure and powers of the House of Representatives and the Senate, including the process for lawmaking, taxation, and appropriations. It also sets the rules for elections, qualifications of members, and the number of representatives for each state.
Article II establishes the executive branch, outlining the powers and duties of the President. It includes the process for electing the President and Vice President, as well as the President's role as Commander-in-Chief of the armed forces, the power to appoint federal judges, and the ability to grant pardons.
Article III establishes the judicial branch, outlining the powers and structure of the federal court system. It defines the Supreme Court and authorizes Congress to create lower courts. It also outlines the types of cases that federal courts can hear, including those involving federal laws, treaties, and ambassadors.
Article IV focuses on the relationship between the states and the federal government. It includes the Full Faith and Credit Clause, which requires states to recognize each other's laws and legal acts, as well as the Extradition Clause, which allows for the return of fugitives from one state to another. It also addresses the admission of new states into the Union and the role of the federal government in ensuring a republican form of government in the states.
Article V outlines the process for amending the Constitution, requiring a two-thirds majority in both houses of Congress or by a convention called for by two-thirds of the state legislatures. It also establishes that amendments must be ratified by three-quarters of the state legislatures or by special ratifying conventions in three-quarters of the states.
Article VI establishes the Constitution as the supreme law of the land and asserts that federal law takes precedence over state laws or constitutions. It also includes the Supremacy Clause, which ensures that treaties made under the authority of the US are part of the supreme law. Additionally, it requires all federal and state officials to swear an oath to support the Constitution.
Article VII outlines the process for ratifying the Constitution, requiring ratification by special conventions in nine of the thirteen states. It also includes a clause stating that the Constitution would go into effect once nine states had ratified it.
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The Amendments
The Preamble to the United States Constitution is its introduction. It outlines the general goals of the framers: to create a just government, ensure peace, provide an adequate national defence, and secure the blessings of liberty for the people and their posterity.
The first ten amendments, ratified on December 15, 1791, are known collectively as the Bill of Rights. The First Amendment prohibits Congress from obstructing the exercise of certain individual freedoms, including freedom of religion, speech, and the press, as well as freedom of assembly and the right to petition. It guarantees an individual's right to express and be exposed to a wide range of opinions and views, ensuring a free exchange of ideas.
The 13th, 14th, and 15th Amendments are known as the Reconstruction Amendments. The 21st Amendment, ratified in 1933, is the only amendment that explicitly repeals an earlier one, the 18th Amendment, which established the prohibition of alcohol.
The Constitution also specifically prohibits bills of attainder, which are laws directed against specific persons or groups, automatically finding them guilty of serious crimes such as treason without a normal court proceeding. This ban prevents Congress from bypassing the courts and denying criminal defendants the protections guaranteed by other parts of the Constitution.
The process of amending the Constitution is detailed in Article Five, which outlines a two-step process requiring proper proposal and ratification before an amendment becomes operative. An amendment may be proposed by a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress upon application by two-thirds of the states. To become part of the Constitution, an amendment must be ratified by three-fourths of the states, either through their legislatures or state ratifying conventions.
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Frequently asked questions
The intro of the Constitution is called the Preamble.
The Preamble outlines the general goals of the framers, which include creating a just government, ensuring peace, and providing an adequate national defense and a healthy, free nation.
The first three words of the Preamble are "We the People," emphasizing that the nation is to be ruled by the people and not by a king, dictator, president, or any other individual.
No, the U.S. Supreme Court held in 1905 (Jacobson v. Massachusetts) that the Preamble is not a source of federal power or individuals' rights.
The Constitution is the foundation of the Federal Government and is often referred to as the supreme law of the land. It serves as a framework for the United States government and can be amended to allow for changes.
