Malcolm Rivera
The U.S. Constitution, the oldest and shortest of all written national constitutions, was signed on September 17, 1787, by the Founding Fathers. The first part of the Constitution is called the Preamble and it outlines the intentions of the Founding Fathers in creating a government. The Founding Fathers wanted to establish a fair and balanced government, with a system of checks and balances to ensure that no one branch of government could dominate the others. James Madison, Alexander Hamilton, and John Jay were among those who contributed to the Federalist Papers, a series of essays that probed the weaknesses of the Articles of Confederation and argued for a strong national government. Madison also played a critical role in advocating for a bill of rights to ensure the acceptance of the Constitution and protect individual liberties.
| Characteristics | Values |
|---|---|
| Name of the first part of the Constitution | Preamble |
| Purpose | To form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty |
| Purpose of the Constitution | To limit government and establish rules for each part of the government |
| Type of Constitution | Supreme Law of the Land |
| Other names | Founding Fathers, Articles of Confederation |
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What You'll Learn
The Founding Fathers
One of the key figures among the Founding Fathers was James Madison, who played a critical role in advocating for the Bill of Rights, a series of amendments that outline and protect the fundamental rights of US citizens. Madison also collaborated with Alexander Hamilton and John Jay on a series of essays known as the Federalist Papers, which defended the Constitution and argued for a strong national government.
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James Madison's influence
James Madison is often referred to as the "Father of the Constitution". He was a dominant force at the Constitutional Convention and took notes that have served as an indispensable source for historians. Madison believed in the value of a strong government in which power was well-controlled and well-balanced among the branches. He advocated for constitutional principles of separation of powers, checks and balances, bicameralism, and federalism, which would limit government and protect individual liberties.
Madison's influence was also felt in his support for a bill of rights. He believed that a bill of rights was necessary to ensure acceptance of the Constitution and that it would have positive effects. He worked tirelessly to persuade the House to enact amendments, defusing the anti-Federalists' objections to the Constitution. Madison sponsored the first 10 amendments to the Constitution—the Bill of Rights—placing emphasis in the debate on freedom of religion, speech, and the press.
Madison also collaborated with Alexander Hamilton and John Jay in the newspaper publication of the Federalist Papers, which became the standard commentary on the Constitution. He wrote between 19 and 29 of the 85 essays, which probed the weaknesses of the Articles of Confederation and the need for an energetic national government. Thomas Jefferson later called the Federalist Papers the "best commentary on the principles of government ever written".
Madison's influence extended beyond the writing of the Constitution. He helped steer the nation to victory in the American Revolution and his "Notes of Debates in the Continental Congress" served as an excellent source of information for the activities of Congress during the years leading to military victory and the frustrations leading to plans for a new federal Constitution.
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The Federalist Papers
The high demand for the essays led to their publication in a more permanent form. On January 1, 1788, the New York publishing firm J. & A. McLean announced that they would publish the first 36 essays as a bound volume, which was released on March 22, 1788. The Federalist Papers are considered a significant work showing the insights of America's Founding Fathers, and continue to be influential in shaping American political institutions.
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The Bill of Rights
The US Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution was written to embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III).
The first Congress of the United States proposed 12 amendments to the Constitution on September 25, 1789. Ten of these proposed amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and constitute the first 10 amendments of the Constitution, or the US Bill of Rights.
- 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 of an individual or their private property without a warrant.
- The Fifth Amendment provides several protections for people accused of crimes, including the right against self-incrimination and the right to not be imprisoned without due process of law.
- The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, and trial by an impartial jury in criminal cases.
- 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 states that the Federal Government only has those powers delegated to it in the Constitution, and that all other powers are reserved to the states or the people.
- The Second Amendment and the right to bear arms.
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Checks and balances
The Indian Constitution, passed and adopted on 26 November 1949, is based on a parliamentary form of democracy that incorporates the separation of powers. The Constitution does not explicitly provide for the separation of powers between the legislative, executive, and judiciary branches of the government. However, it does establish a system of checks and balances to prevent any one branch from becoming too powerful.
The Legislature is responsible for policy formulation, the Executive for policy implementation, and the Judiciary for policy review. The Judiciary can review any legislative law made by the Parliament and strike down laws that it considers unconstitutional or arbitrary. The Supreme Court and the High Court can issue writs to hold the executive and legislature accountable. The Constitution also provides for ''judicial review' to safeguard the citizens' liberties and preserve the ideals on which the Constitution is based.
The system of checks and balances is designed to resist the power of others and is of fundamental importance in tripartite governments. It helps to prevent democracy from turning into majoritarianism by providing a check on the ruling party by the opposition party. However, the majority of a single party in the Lok Sabha has diminished the role of an effective opposition in Parliament.
The Indian Constitution is considered a social document, aided by its Parts III and IV (Fundamental Rights and Directive Principles of State Policy, respectively), which work together to realise the goals set by the Constitution for its people. The Constitution has also been deliberately worded in generalities to ensure its flexibility.
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Frequently asked questions
The US Constitution was written by the Founding Fathers and was signed on September 17, 1787. The first part of the Constitution is called the Preamble and it tells us what the Founding Fathers set out to do when creating the government.
The Preamble of the US Constitution is as follows: "We the People, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, 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 US Constitution is a valuable part of American history. It was created to set up a fair and balanced government after Americans fought in the Revolutionary War to become independent from Great Britain. The Constitution is designed to limit government and establish rules for each part of the government.
