Omar Bennett
The US Constitution, signed in 1787, is a document that has endured and evolved over the last 200 years. It is the oldest national constitution and has inspired the trajectory of world history. The Constitution is a charter of governance by the people, for the people, and it guarantees freedom and equality. However, it has been criticised for its treatment of race and its failure to explicitly provide for certain fundamental economic rights. The Constitution is written in a negative way, recognising negative rights, which are rights that exist unless negated by someone's actions. These negative rights include civil and political rights such as freedom of speech, freedom of religion, and the right to a fair trial.
| Characteristics | Values |
|---|---|
| Written to form a more perfect union | Freedom |
| Establish justice | Equality |
| Insure domestic tranquility | Liberty |
| Provide for the common defence | Democracy |
| Promote the general welfare | Inalienable rights |
| Secure the blessings of liberty | Negative rights |
| Shortest and oldest national constitution | Positive rights |
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What You'll Learn
- The US Constitution is the world's shortest and oldest national constitution
- The Constitution was written during the Philadelphia Convention, also known as the Constitutional Convention
- The Constitution is a charter of government that was ratified by the states
- The Constitution was written to form a more perfect union, establish justice, and secure liberty
- The Constitution has endured and evolved over the last 234 years
The US Constitution is the world's shortest and oldest national constitution
The US Constitution is the world's oldest national constitution that is still in use. It became operational in 1789 and has been amended 27 times since then. The first ten amendments, known as the Bill of Rights, offer protections of individual liberty and justice and restrict the powers of the government. The remaining 17 amendments expand on civil rights protections, address issues related to federal authority, and modify government processes and procedures.
The US Constitution is also unique in that it is the only national constitution that is handwritten. It was penned by Jacob Shallus on five pages of parchment. The US Constitution has served as a model for other constitutions worldwide, influencing the principles of the rule of law, separation of powers, and recognition of individual rights.
While the US Constitution is the oldest, it is not the shortest. The shortest written constitution is that of Monaco, with 3,814 words. In contrast, the longest written constitution is India's, with 146,385 words.
The US Constitution is a negative constitution, which means it focuses on limiting the powers of the government rather than enumerating its rights. This type of constitution is designed to protect individual liberty and prevent government overreach. Negative constitutions are often associated with common law systems, such as the US, where judicial decisions play a significant role in shaping the law.
The US Constitution's negative phrasing reflects the intention of the Framers to create a system of checks and balances and limit the power of the federal government. This design was influenced by the Framers' experience with British rule and their desire to protect against tyranny and ensure individual freedoms.
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The Constitution was written during the Philadelphia Convention, also known as the Constitutional Convention
The Constitution of the United States of America was written during the Philadelphia Convention, also known as the Constitutional Convention, which convened from May 25 to September 17, 1787. The document was signed on September 17, 1787, and was published in a newspaper, The Pennsylvania Packet and Daily Advertiser, on September 19, 1787, two days after it was signed. The Constitutional Convention was conducted under an oath of secrecy, so this printing represented the first time that Americans—“We the People”—saw the Constitution. The original signed, handwritten Constitution can be found at the National Archives in Washington, D.C.
The Constitution was written to replace the previous organising document, the Articles of Confederation, which many had come to see as too weak and inadequate for the nascent nation. The Constitution was a charter of government that was ratified by the states, and it continues to be the supreme law of the land. It was written to offer Americans the promise of freedom, although it excluded Black and indigenous people, women, and other marginalised groups. Despite its inherent contradictions, the Constitution has endured and evolved over the last 234 years.
Harvard Law School Professor of Practice Alan Jenkins commented on the Constitution's treatment of race and how to guarantee fundamental rights. He noted that the Constitution, while enduring, has also evolved, with people including African Americans continuing to fight to realise its guarantee of liberty and equal justice. Professor Jenkins also highlighted the Constitution's powerful vision of freedom, stating that it beautifully articulated the notion that the government's power flows from the people.
The Constitution has been praised as an inspiration that changed the trajectory of world history, as it put governance in the hands of the people. In 1787, no other country in the world had allowed its citizens to select their form of government, let alone a democratic one. The Constitution has also been criticised for its treatment of race and its failure to explicitly provide for certain economic rights, such as housing, education, and basic economic survival.
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The Constitution is a charter of government that was ratified by the states
The US Constitution is a charter of government that was ratified by the states. It was signed on September 17, 1787, by delegates at the Philadelphia Convention, replacing the previous organising document, the Articles of Confederation. The Constitution was written during a period when no other country allowed its citizens to select their form of government, let alone a democratic one. It is a document that beautifully articulates the notion that a government's power is derived from the people.
The Constitution is a powerful vision of freedom, and it is the world's shortest and oldest national constitution. It is neither too rigid nor too flexible. The document makes it clear that it was written 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".
The Constitution is a charter of negative liberties, which means it focuses on limiting the powers of the government. It does not explicitly provide for certain fundamental rights, such as the right to housing, education, and basic economic survival. Instead, it outlines the negative rights that citizens are entitled to, such as civil and political rights, including freedom of speech, freedom of religion, and the right to a fair trial.
The Constitution has endured and evolved over the last 200 years, and it continues to be the supreme law of the land. It has served as an inspiration for democratic ideals around the world. While it has its flaws, it provides the tools, resources, and principles necessary for full equality and opportunity for all citizens. The Constitution is a living document that can be amended, and it is up to the people to ensure that it continues to guarantee liberty and justice for all.
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The Constitution was written to form a more perfect union, establish justice, and secure liberty
The US Constitution was written to form a more perfect union, establish justice, and secure liberty. The preamble sets the stage for the Constitution, communicating the intentions of its framers and the purpose of the document. The framers agreed on basic principles, including forming a more perfect union, establishing justice, insuring domestic tranquility, providing for the common defence, promoting the general welfare, and securing liberty.
The Constitution has endured and evolved over the last 234 years, offering Americans the promise of freedom while excluding marginalised groups, including Black and Indigenous people and women. Despite its flaws, the Constitution beautifully articulated the notion that the government's power flows from the people, and it has provided a framework for full equality and opportunity for all.
The Constitution does not explicitly provide for certain fundamental economic rights, such as housing, education, and basic economic survival. However, the international human rights system, which the US helped to craft, recognises these rights, and it is a question of political will and implementation to ensure they are realised. The Constitution can be interpreted restrictively, which can limit the full realisation of justice and opportunity for all.
The Constitution primarily guarantees negative rights, which protect individuals from government interference and include civil and political rights such as freedom of speech, religion, and private property. Positive rights, which entail the government taking action to fulfil them, are often guaranteed by other laws and may include rights to education, health care, and social security. The distinction between negative and positive rights is a subject of ongoing debate among ethicists and philosophers.
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The Constitution has endured and evolved over the last 234 years
The US Constitution, written in 1787, has endured and evolved over the last 234 years. It is the oldest national constitution in the world and has inspired the spread of democratic ideals globally. The Constitution was written during the Philadelphia Convention, also known as the Constitutional Convention, which was conducted under an oath of secrecy. The delegates at the convention signed the document, replacing the previous organising document, the Articles of Confederation, which were seen as too weak for the nation.
The Constitution was a revolutionary document that put governance in the hands of the people. It beautifully articulated the notion that the government's power comes from the people. The Preamble of the Constitution states: "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."
However, the Constitution has also been criticised for its inherent contradictions and exclusion of Black and Indigenous people, women, and other marginalised groups. Over the years, it has evolved and been interpreted in various ways by the Supreme Court, and there has been a trend of presidents appointing justices with restrictive interpretations of the Constitution. Despite these contradictions and interpretations, the Constitution provides the tools, resources, and principles necessary to ensure full equality, justice, and human rights for all citizens.
The Constitution's endurance and evolution can be attributed to its flexibility and adaptability. It is neither too rigid nor too malleable, allowing it to remain relevant and meaningful while also providing a stable framework for governance. The Constitution's recognition of fundamental rights, such as freedom of speech, life, and private property, has contributed to its endurance. Additionally, the Constitution's treatment of race and its impact on guaranteeing fundamental rights have been a focus of discussion and evolution.
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Frequently asked questions
Negative rights are rights that exist unless someone acts to negate them. They are often associated with the first generation of rights and include civil and political rights such as freedom of speech, life, private property, freedom from violent crime, protection against being defrauded, freedom of religion, habeas corpus, a fair trial, and the right not to be enslaved by another. Positive rights, on the other hand, are rights to be subjected to the action of another person or group. They are associated with the second and third generations of rights and include other civil and political rights such as the right to counsel, food, housing, public education, employment, national security, military, health care, social security, internet access, and a minimum standard of living.
Negative rights are important because they guarantee our freedom and liberty. They put governance in the hands of the people and ensure that government power flows from the people.
Positive rights are important because they guarantee our economic, social, and cultural rights. They provide for basic needs such as housing, education, and healthcare, which are essential for human dignity and equality.
The constitutions of most liberal democracies guarantee negative rights, but not all include positive rights. The United States Constitution, for example, focuses primarily on negative rights and freedoms, but does not explicitly provide for certain positive rights such as housing, education, and basic economic survival.
Yes, there can be conflicts between negative and positive rights. For example, in the case of triage after a disaster, one could ethically justify failing to help injured children (a positive right) to protect one's own life (a negative right). This has led to the belief that positive obligations are generally junior to negative obligations.
