Simone Lawson
The Constitution of the United States 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 It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789.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 has been interpreted, supplemented, and implemented by a large body of federal constitutional law and has influenced the constitutions of other nations. The document, handwritten on five pages of parchment by Jacob Shallus, has since undergone several amendments, with 27 amendments in total as of 2023. Six additional amendments have been proposed but not ratified. The first ten amendments, known as the Bill of Rights, offer specific protections of individual liberty and justice and place restrictions on the powers of the government. The majority of the 17 later amendments expand individual civil rights protections.
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What You'll Learn
The US Constitution superseded the Articles of Confederation
The Articles of Confederation, officially the Articles of Confederation and Perpetual Union, was the first constitution of the United States. It was adopted by the Continental Congress on November 15, 1777, and came into force on March 1, 1781. The Articles created a government in which the colonies retained most of the power, leaving the central government weak. The Articles consciously established a weak confederal government, only affording it those powers that the former colonies recognised as belonging to the British Crown and Parliament during the colonial era.
The Articles of Confederation established a "league of friendship" for the 13 sovereign and independent states. Each state retained "every Power... which is not by this confederation expressly delegated to the United States". The Articles also outlined a Congress with representation not based on population – each state would have one vote.
The Articles of Confederation had several weaknesses. Firstly, the central government had insufficient power to regulate commerce, tax or set commercial policy. It also could not effectively support a war effort or settle quarrels between states. Disputes over territory, war pensions, taxation and trade threatened to tear the country apart.
The Articles also did not allow Congress sufficient authority to enforce provisions of the 1783 Treaty of Paris, which allowed British creditors to sue debtors for pre-Revolutionary debts. Consequently, British forces continued to occupy forts in the Great Lakes region.
The weaknesses of the Articles of Confederation became apparent during Shays' Rebellion in 1786, when a group of western Massachusetts residents, led by former Continental Army Captain Daniel Shay, rebelled due to high taxes and wartime debt. The federal government established by the Articles was unable to address this internal rebellion as it lacked the necessary funds and military power.
As a result of these weaknesses, the Constitutional Convention met in Philadelphia in May 1787 to revise the Articles. However, the delegates went beyond their mandate and replaced the Articles with a new constitution, which came into effect in 1789. The new constitution created a much more powerful central government and established the three branches of government: the executive, legislative and judicial. This separation of powers ensured that power would not be concentrated in one particular branch.
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Amendments expand individual civil rights protections
The United States Constitution, the supreme law of the United States of America, has been amended several times to expand individual civil rights protections. The first ten amendments, known as the Bill of Rights, offer protections of individual liberty and justice and restrict government powers. The majority of the 17 later amendments also expand individual civil rights protections.
The 14th Amendment, passed in 1868, was a significant expansion of civil rights protections. It extended liberties and rights granted by the Bill of Rights to formerly enslaved people and granted citizenship to "All persons born or naturalized in the United States." It also included the provision that "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." This meant that the right to due process and equal protection under the law applied to both federal and state governments.
The 13th Amendment, which outlawed slavery and involuntary servitude, and the 15th Amendment, which prohibited the denial of the right to vote based on "race, color, or previous condition of servitude," were also important expansions of civil rights protections.
Other amendments have addressed specific issues such as the abolition of poll taxes, women's suffrage, and the prohibition of liquor. The 18th Amendment, for example, prohibited the sale, manufacture, and transportation of alcoholic beverages.
In addition to the Constitution, Congress has passed civil rights legislation to further protect individual rights. The Civil Rights Act of 1964 is one example, prohibiting discrimination in public accommodations, employment, and voting based on race, colour, religion, sex, or national origin. The Civil Rights Act of 1968, also known as the Fair Housing Act, protects against housing discrimination, including rentals, sales, and real estate transactions.
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The Constitution unites citizens as members of a whole
The US Constitution is the world's longest surviving written charter of government. It was crafted by the founding fathers to unite a group of states with different interests, laws, and cultures. The Constitution was designed to vest the power of the union in the people, bringing together citizens as members of a whole.
The preamble of the Constitution, which sets the stage for the document, 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 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 ideals espoused in the Constitution have guided generations of Americans to strive for a more perfect union. It has provided a foundation for significant societal changes, including the elimination of slavery, the expansion of voting rights to women, and the fight for civil rights. The Constitution guarantees Americans the right to free speech, enabling them to effect change and make their voices heard.
However, critics argue that the Constitution is outdated and ill-suited to modern times. They contend that it was designed for a much smaller, agrarian society, and that its complex structure, with its separation of powers and veto points, makes coherent policy action challenging. The Constitution's impact on the functioning of Congress has been particularly scrutinized, with some arguing that it hinders effective policymaking and contributes to polarization.
Despite these criticisms, the Constitution remains a powerful symbol of unity and a source of inspiration for many Americans. It serves as a reminder of the nation's shared history and the ongoing pursuit of a more perfect union.
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The document was a series of compromises
The US Constitution is the world's longest-surviving written charter of government. It was produced after the Constitutional Convention and ratified by all 13 states in 1789. The Constitution is sometimes called a "bundle of compromises" because delegates had to make several concessions on key points to create a government charter acceptable to each of the 13 states.
One of the key issues during the Constitutional Convention was "representation". The delegates debated the best way to delegate authority from the people and the states to a strengthened central government. The Virginia Plan suggested representation based on each state's population, while the Jersey Plan proposed equal representation for each state. The Connecticut Compromise, also known as the Great Compromise, combined both plans. It suggested that the upper house or Senate would include two people from each state, regardless of size, to reflect the importance of state sovereignty. Meanwhile, the lower house or House of Representatives would have different numbers of representatives from each state, determined by population. This compromise reflected a victory for small states, but it also produced something that both small and large states wanted.
Another major issue concerned elections and voting rights. The different state constitutions had varying rules about how much property was required for a person to vote. The delegates had to figure out a solution that could satisfy people with many different ideas about who could vote. Ultimately, the delegates compromised by allotting specific responsibilities to the federal government while delegating all other functions to the states. They also created the Electoral College, which is comprised of electors roughly proportional to the population. Citizens vote for electors bound to a particular candidate, who then votes for the president.
The most disturbing constitutional compromise by the delegates was over the issue of slavery. Delegates from Northern states, where the economy did not rely heavily on the enslavement of African people, felt that enslaved people should not be counted toward representation. In contrast, Southern states fought for enslaved individuals to be counted in terms of representation. The Three-Fifths Compromise was a compromise between the two sides, stating that every five enslaved people would be counted as three individuals. This compromise greatly increased the number of congressional seats in several Southern states.
The US Constitution is no longer seen as relevant by some, particularly voters under 50, due to its age and the changing needs of modern society. Critics argue that the Constitution is outdated and ill-suited to modern times, with Congress at the centre of the nation's dysfunction. However, others defend the Constitution, stating that it still guarantees Americans the power of free speech and that it has guided Americans towards a more perfect union, such as eliminating slavery and expanding the vote for women.
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The Constitution is interpreted and implemented by federal law
The US Constitution is the world's longest surviving written charter of government. It is the nation's fundamental law, and it codifies the core values of the people. The Constitution is interpreted and implemented by federal law, with the federal courts acting as an "intermediate body between the people and their legislature", as Alexander Hamilton put it in The Federalist #78. The courts have the responsibility to interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress.
The US Constitution is a living document that has been amended several times, including the addition of the Bill of Rights, which protects essential freedoms such as religion, speech, equal treatment, and due process of law. These amendments demonstrate that the Constitution is a flexible framework that can be adapted to meet the changing needs of society.
However, some critics argue that the Constitution is outdated and no longer fit for purpose. They claim that it was designed for a much smaller and predominantly agrarian society, and that it fails to address modern issues effectively. The structure of Congress is criticized for promoting polarization and special-interest politics rather than effective national policymaking.
Despite these criticisms, others defend the Constitution's continued relevance. They argue that it provides a stable framework for governance and protects against "tyranny of the majority". The Constitution guarantees certain inalienable rights and ensures that all persons, institutions, and entities are accountable to the law.
The interpretation and implementation of the Constitution by the federal courts play a crucial role in maintaining the rule of law and upholding the values enshrined in the document. While the Constitution may face challenges in adapting to modern times, it remains the foundation of American democracy and a guide for future generations to build a "more perfect Union".
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Frequently asked questions
The original US Constitution is no longer in use because it has since been superseded by amendments.
The original US Constitution was comprised of seven articles, whereas the amended version includes 27 amendments, the first 10 of which are known as the Bill of Rights.
The amendments to the US Constitution expand individual civil rights protections, address issues related to federal authority, and modify government processes and procedures.
Amendments to the US Constitution were proposed during the Second Continental Congress, which functioned as the provisional government of the United States from September 5, 1774, to March 1, 1781.
Amendments to the US Constitution were proposed to unite a group of states with different interests, laws, and cultures under a single national government.
