Simone Lawson
The Constitution of a country is a written document that outlines the basic principles on which a country is governed. It deals with the ideals and values of a country and outlines the rights and duties of its citizens. The US Constitution, for example, was signed in Philadelphia in 1787 and includes the values of liberty, justice, and equality. It establishes a legislative body with specific powers, such as the right to coin money, and outlines procedures for lawmaking and enforcement. However, some statements about the US Constitution are not true, and it is important to distinguish fact from fiction.
| Characteristics | Values |
|---|---|
| Written documents about formation and power of the government | True |
| Exist only in Democratic countries | False |
| Legal document that does not deal with ideals and values | False |
| Gives citizens a new identity | False |
| Unanimous signing | False |
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What You'll Learn
The US Constitution was signed unanimously
The statement that the US Constitution was signed unanimously is not entirely true. While the Constitution was indeed signed by a majority of the deputies and delegates, there were some who refused to sign it.
The US Constitution was signed by 39 deputies out of 55 who attended the Constitutional Convention, with 12 of the 13 states being represented. Rhode Island and Providence Plantations did not send any deputies to the convention. The signatures obtained attested to the "Unanimous Consent of the States present", with the vote of each state being that of a majority of its deputies.
The voting was done by states, and while 11 states voted on the final question, Hamilton signed the attestation for New York, despite being the only deputy from his state and thus unable to cast his state's vote. This resulted in 11 states providing their consent, with Alexander Hamilton as the lone remaining delegate from New York.
The formula "Done in convention by the unanimous consent of the states present" was devised to give the appearance of unanimity. This formula was included in the document along with a statement of adoption by the states present and a formulaic dating of its adoption. The language of the concluding endorsement was intentionally ambiguous, aiming to win over the votes of dissenting delegates. The advocates for the new frame of government sought to obtain unanimous support from each state, but it was anticipated that many delegates would refuse to give their individual assent.
Benjamin Franklin, who summed up the Constitution by addressing the convention, acknowledged that there were parts of the Constitution that he did not approve of but that he might approve of them in the future. He accepted the Constitution because he expected no better and was unsure if there was a better alternative. Franklin's influential endorsement helped foster a sense of common accord, and he proposed that the Constitution be endorsed by the delegates as individual witnesses of the unanimous consent of the states present.
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The US Constitution is only required in democratic countries
The statement that "The US Constitution is only required in democratic countries" is not true. Constitutions exist in all types of governments, including monarchies, where the monarch makes the major decisions, and in single-party states, like the former Soviet Union.
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. They are important legal documents that provide a framework for the governance of a country. While the US Constitution does not use the term "democracy", the country is often referred to as a federal constitutional representative democracy or a representative democracy.
The US Constitution establishes a system of checks and balances, outlining the powers and responsibilities of the three branches of government: the legislative, executive, and judicial branches. It also guarantees certain rights and freedoms, such as freedom of speech and religion, and provides a framework for how the government should function, including the election of representatives.
The US Constitution, written by the Founding Fathers, was inscribed by Jacob Shallus on parchment and is on display in the Rotunda at the National Archives Museum. It begins with the famous words: "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..."
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The US Constitution gives citizens a new identity
The US Constitution is a document that establishes the framework of the US government and outlines the rights and responsibilities of its citizens. One of the key aspects of the Constitution is the Citizenship Clause, which states that "all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and the state in which they reside." This clause, also known as the Fourteenth Amendment, was added to the Constitution after the Civil War to address the issue of citizenship for former slaves.
The Citizenship Clause had a significant impact on American identity by providing a clear definition of who is a citizen of the United States. This marked a shift from the pre-Civil War era, when citizenship was often based on race and state residency. The Fourteenth Amendment explicitly states that citizenship is not limited to those of a particular race and that it applies to all persons born or naturalized in the country. This inclusive language grants US citizenship to a wide range of individuals, regardless of their background or race.
Prior to the Fourteenth Amendment, the Supreme Court had infamously ruled in the Dred Scott v. Sandford case that a black man could not be a citizen of the United States. This decision was based on the notion that individuals of African descent had "no rights that the white man was bound to respect." However, the Fourteenth Amendment repudiated this decision and established that citizenship was not determined by race.
While the Citizenship Clause took a significant step forward in defining US citizenship, it did not address the legal benefits and rights associated with citizenship. This omission left room for interpretation and debate regarding the specific privileges and immunities that citizens should be entitled to. Despite this, the Fourteenth Amendment's broad language has been interpreted to include individuals born in the United States to non-citizen parents, such as in the case of a child born to Chinese parents who were ineligible for naturalization.
In conclusion, the US Constitution, through the Citizenship Clause, has played a pivotal role in shaping American identity by providing a clear definition of US citizenship that is inclusive and based on birthright or naturalization. This fundamental shift in identity has helped foster a more unified nation, moving away from the racial and state-based divisions of the past towards a more inclusive and diverse society.
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The US Constitution does not deal with ideals and values
The statement that "the US Constitution does not deal with ideals and values" is not true. Constitutions are generally legal documents that deal with ideals and values. While the Constitution does outline the agreement on the type of government, it also outlines certain ideals and values that the country should uphold. These ideals and values are often reflected in the preamble, oaths, and opening declarations.
For example, the famous first 52 words of the US Constitution state: "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." Here, the ideals of justice, domestic tranquility, common defence, general welfare, and liberty are established.
The US Constitution also outlines the legislative powers of Congress, including the establishment of a Senate and House of Representatives. The House of Representatives is to be composed of members chosen every second year by the people of the several states, with electors qualified to vote for the most numerous branch of the state legislature. This reflects the ideal of representative democracy and the value placed on the participation of citizens in the political process.
Furthermore, the Constitution addresses a range of other issues, including the promotion of science and the arts, the establishment of inferior tribunals to the Supreme Court, the punishment of crimes committed on the high seas, the declaration of war, the raising and support of armies, and the regulation of weights and measures. These provisions demonstrate the Constitution's concern with upholding certain values and ideals, such as the advancement of knowledge, the fair administration of justice, and the security of the nation.
Successful constitutions are able to strike a balance between preserving core values and adapting them to new circumstances. They provide a moral identity for citizens and help to form a collective identity by agreeing on a basic set of norms and principles that guide governance. Therefore, it is clear that the US Constitution does deal with ideals and values and plays a crucial role in shaping the nation's principles and character.
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The US Constitution does not outline the formation and power of the government
The US Constitution is the framework for the US government. It outlines the formation and powers of the government in several ways. Firstly, it establishes a federal system with a division of powers between the national government and the states. The Constitution grants legislative powers to a Congress consisting of a Senate and House of Representatives, with the latter being composed of members chosen every second year by the people of the states.
The Constitution also outlines the powers of the national government, including the ability to declare war, raise and support armies, establish a judiciary, and regulate commerce. It further defines the role of the executive branch, with the President acting as the Commander-in-Chief of the armed forces and the head of the executive branch.
In addition, the Constitution addresses the relationship between the federal government and the states. It ensures that states retain certain powers and guarantees a republican form of government in each state. The Constitution also provides a mechanism for admitting new states to the Union and outlines the process for amending the Constitution itself.
However, it is important to note that the Constitution does not explicitly outline all aspects of government formation and powers. For example, it does not specify the exact structure and functions of various government departments or agencies. The Constitution also does not detail the day-to-day operations of the government, as these are often addressed through laws and regulations enacted by Congress and the executive branch.
Furthermore, the interpretation and application of constitutional principles have evolved over time through court decisions and political practices. This dynamic nature of constitutional interpretation means that the precise scope of government powers outlined in the Constitution can be subject to change and adaptation to meet the needs of a changing society.
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