The Constitution's Order: Congress Comes First

why is congress mentioned first in the constitution

The legislative branch is listed first in Article I of the United States Constitution. This is because Congress is the first branch of the new government, and it is mentioned before the President and the Supreme Court. The Framers of the Constitution wanted to show deference to the old Congress and remove obstacles to ratification, making acceptance easier and facilitating implementation. The Federal Convention, for example, needed Congress to forward the Constitution to the state ratification conventions.

Characteristics Values
Convention's claim to legitimacy Congress
Ratification of the Constitution Congress
Sequence of branches taking oaths of office Congress first
Nomination of President of the Senate Senators
Nomination of Justices for the Supreme Court President
Obstacles to ratification Remove
Acceptance Easier
Implementation Facilitate

cycivic

The Federal Convention needed Congress to forward the Constitution to the state ratification conventions

The Framers of the Constitution were aware of this and designed a system with balanced power between the branches, each with checks on the other. They also needed to remove obstacles to ratification and make acceptance easier. This is why the legislative branch is listed first in the Constitution.

The Committee of Style wrote a letter to Congress instructing them on how to implement the new government. The letter stated that the sequence of the branches taking oaths of office should be the same as listed in the Constitution, with Congress first. This was to ensure that Congress would be the first branch of the new government, validating the election of the president, who would then nominate justices to the Supreme Court.

The Federal Convention, sanctioned by the Congress under the Articles of Confederation, played a crucial role in forwarding the Constitution to the state ratification conventions.

cycivic

The convention's sole claim to legitimacy came from Congress

The United States Constitution is a document that outlines the system of government in the United States, and it begins by mentioning Congress first. The Constitution's first mention of Congress is significant because it underscores the importance of the legislative branch in the nation's governmental structure.

The Constitutional Convention, which was responsible for drafting the Constitution, derived its legitimacy solely from Congress. This meant that the convention had to answer to Congress and seek its approval for any proposed changes to the existing system of government. The convention's letter to Congress, penned by the Committee of Style, outlined the steps for implementing the new government, including the sequence of branches taking their oaths of office, mirroring the order listed in the Constitution.

The convention's deference to Congress can be attributed to several factors. Firstly, the Articles of Confederation, which preceded the Constitution, granted Congress significant authority. The Federal Convention, for instance, required Congress's approval to forward the Constitution to the state ratification conventions. Secondly, the early Americans were wary of a powerful executive, having experienced the tyranny of an autocratic leader. They preferred a balanced power structure with checks and balances between the branches of government.

Moreover, the convention's focus on Congress first can be seen as a strategic move to facilitate the ratification of the Constitution. By addressing Congress's role and powers first, the Framers of the Constitution aimed to make the document more acceptable to the people and reduce potential obstacles during the ratification process. This careful threading of ideas, as Theodore White described it, was a gift of the Framers to ensure the smooth transition to a new system of government.

cycivic

The Framers wanted to show deference to the old Congress

The Framers' deference to the old Congress was a crucial factor in the US Constitution's development and ratification. The convention that drafted the Constitution derived its legitimacy from the existing Congress, and it was the Congress that would need to approve the final document. This dynamic influenced the process and outcome of the Constitutional Convention.

Firstly, it meant that the Framers had to show respect to the old Congress and its powers. The old Congress, operating under the Articles of Confederation, was seen as weak and ineffective, but the Framers couldn't afford to alienate it. They needed the support of this body to ensure the Constitution's success.

Secondly, the Framers wanted to allay fears of a strong executive. Americans at the time were wary of concentrated power in the hands of a president, having experienced the tyranny of an autocratic ruler during their recent struggle for independence. By listing legislative powers first, the Framers could emphasize the checks and balances that would be in place to restrain the executive branch.

Additionally, the sequence of branches taking oaths of office mirrored the order in the Constitution, with Congress coming first. This was outlined in the Committee of Style's letter to Congress, which instructed them on implementing the new government. The letter stated that Congress should assemble first, followed by the President, who would then nominate justices to the Supreme Court.

The Framers' deference to the old Congress was a strategic move to navigate the political landscape of the time. It helped ensure that the Constitution would be ratified and that the new government would have a smoother transition into power.

cycivic

The Committee of Style wrote a letter to Congress, telling them how to implement the new government

The Committee of Style wrote a letter to Congress, instructing them on how to implement the new government. This letter was a crucial task, addressing the complex question of how to sequence the branches of government as they took their oaths of office. The Committee's letter outlined a specific order, starting with Congress, followed by the President, and then the nomination of justices for the Supreme Court. This sequence aligned with the listing in the Constitution, where the legislative branch is mentioned first.

The Committee's decision to place Congress first in the implementation process was influenced by several factors. Firstly, the Federal Convention required Congress' sanction to forward the Constitution to the state ratification conventions. By listing Congress first, the Committee of Style acknowledged the crucial role of Congress in legitimizing the new government.

Additionally, early Americans were wary of vast presidential powers. They had experienced autocratic rule and understood the challenges of breaking free from oppression. By prioritizing Congress, the Committee of Style emphasized the importance of legislative checks on executive powers. This approach aimed to reassure the public that the new government would have balanced power between its branches, with each branch serving as a check on the others.

The Committee's letter provided practical instructions to Congress on implementing the new government. It directed Congress to assemble and fix a day, time, and place for commencing proceedings under the Constitution. This assembly would then appoint a President of the Senate, responsible for receiving and counting the votes for President. These steps ensured an orderly transition to the new system of government.

In summary, the Committee of Style's letter to Congress was a bold move that provided a roadmap for implementing the new government. By placing Congress first, the Committee acknowledged the body's role in legitimizing the Constitution and emphasized the importance of checks and balances between the branches of government. The letter's instructions ensured a smooth transition to the new system, addressing the complex interplay between the legislative and executive branches.

cycivic

To remove obstacles to ratification, make acceptance easier, and facilitate implementation

The United States Constitution was crafted with care, and the placement of Congress at the forefront was a strategic decision to smooth the path to ratification and ensure a seamless implementation process. This deliberate structuring served multiple purposes, addressing concerns, and easing the way for the nation's foundational document to be embraced by the people and the states.

Firstly, positioning Congress as the initial branch of government outlined in the Constitution was a tactical move to alleviate potential roadblocks to ratification. By presenting Congress first, the document's structure implicitly acknowledged the concerns of smaller states, which feared diminished representation under a new system. This strategic placement implicitly assured these states that their voices would be heard and their interests safeguarded through equitable representation in Congress.

Secondly, this ordering facilitated a smoother implementation process. By commencing with Congress, the Constitution inherently established the legislative branch as the cornerstone of governmental operations. This sequencing underscored the legislative function as the originating point for laws and policies, setting the stage for the subsequent branches to fulfil their respective roles within a well-defined framework.

Moreover, commencing with Congress allowed for a systematic exposition of governmental powers. The legislative branch, as the embodiment of representative democracy, served as a logical gateway to introduce and elaborate upon the distribution of powers among the branches. This sequential approach facilitated a comprehensive understanding of the intricate checks and balances inherent in the governmental structure.

Additionally, the prominence given to Congress in the document's structure implicitly emphasised the accountability of the legislative branch to the people. By initiating the discussion with Congress, the Constitution inherently highlighted the direct relationship between representatives and their constituents. This subtle yet powerful message reinforced the notion of a government answerable to the citizens, fostering trust and acceptance.

In conclusion, the strategic placement of Congress at the beginning of the Constitution was a thoughtful and calculated move. It assuaged concerns, particularly of smaller states, smoothed the path to ratification, and facilitated a seamless implementation of the nation's guiding document. This thoughtful structuring underscores the meticulous craftsmanship and foresight that went into drafting the United States Constitution.

Frequently asked questions

Congress is mentioned first in the US Constitution to remove obstacles to ratification, to make acceptance easier, and to facilitate implementation.

The US Constitution gives Congress the power to declare war, raise and support armies, and provide for the calling forth of the militia to execute the laws of the union, among other powers.

The US Constitution states that Congress shall assemble at least once every year, with the meeting to be held on the first Monday in December unless a different day is appointed by law.

Each House in Congress is responsible for keeping a journal of its proceedings, determining the rules of its proceedings, and judging the elections, returns, and qualifications of its members.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment