Malcolm Rivera
The United States Constitution, signed on September 17, 1787, was written to replace the Articles of Confederation, which many saw as inadequate and too weak for the young nation. The Constitution was intended to establish the United States government and define its relationship with the people and the individual states. It has endured and evolved over the years, with amendments made to address its inherent contradictions and shortcomings, such as its preservation of slavery and exclusion of marginalized groups. Despite criticism, the Constitution has been praised for its articulation of fundamental equality and the notion that the government's power derives from the people.
| Characteristics | Values |
|---|---|
| To replace the Articles of Confederation | The Articles of Confederation were seen as too weak and inadequate for the nation. |
| To prevent the country from collapsing | James Madison, Alexander Hamilton, and George Washington feared the young country was on the brink of collapse due to disputes over territory, war pensions, taxation, and trade. |
| To revise the existing government | The delegates were tasked with revising the existing government, but they ended up creating a completely new one. |
| To establish the United States government | The Constitution established the United States government and determined its relationship with the people and individual states. |
| To guarantee fundamental rights and equality | The Constitution articulated the idea of fundamental human equality and the notion that the government's power flows from the people. |
| To address contradictions | The Constitution has been amended over time to address fundamental contradictions and improve its treatment of race and equality. |
| To ensure freedom of religion, speech, press, assembly, and petition | The First Amendment prohibits Congress from obstructing certain individual freedoms, including freedom of religion, speech, press, assembly, and the right to petition. |
| To enable government control while obliging it to control itself | James Madison pointed out the need to "enable the government to control the governed" while also obliging it to control itself. |
| To ensure a free exchange of ideas | The First Amendment guarantees the right to express and be exposed to a wide range of opinions and views, even unpopular ones. |
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What You'll Learn
The US Constitution's influence from European Enlightenment thinkers
The US Constitution was written in 1787, a few years after the Revolutionary War, when James Madison, Alexander Hamilton, and George Washington feared that their young country was on the brink of collapse. The Constitution was influenced by European Enlightenment thinkers, who advocated for a system of governance that promoted stability while protecting individual freedoms and preventing the concentration of power.
European Enlightenment thinkers such as Locke, Montesquieu, and Rousseau challenged traditional monarchical and aristocratic systems and proposed ideas such as the separation of powers and mixed government, which influenced the structure and principles of the US Constitution. Locke, for example, repudiated the notion of the divine right of kings and proposed a social model in which the subjects agreed upon their government should the ruler lose popular support. This concept influenced Thomas Jefferson and the Declaration of Independence, which in turn influenced the Constitution. Montesquieu suggested dividing government authority among the executive, legislative, and judicial branches to prevent tyranny and ensure that no single branch could dominate. This idea became a cornerstone of American political philosophy and influenced the creation of a bicameral legislature in the US Constitution.
Rousseau advocated for direct democracy, where laws are made directly by the vote of all citizens. While the American Founding Fathers did not fully embrace direct democracy, Rousseau's ideas about the importance of the collective will and civic freedom influenced American political ideology, emphasizing a government that serves its people.
The influence of European Enlightenment thinkers on the Founding Fathers is also evident in the Federalist Papers, which sought to rationalize and advocate for the new Constitution through rational debate, empirical evidence, and reasoned argumentation. The Founding Fathers' engagement with Enlightenment ideas shaped the ideological and structural framework of American governance, with the Declaration of Independence, the Constitution, and the Bill of Rights embodying the Enlightenment quest for reason, justice, and the intrinsic rights of individuals.
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The legislative branch of the federal government
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The legislative branch is made up of Congress, which consists of the Senate and the House of Representatives, as well as special agencies and offices that provide support services to Congress.
The legislative branch is responsible for creating and passing laws. Bills are legislative proposals introduced in the House of Representatives or the Senate for consideration and debate. Bills can come in eight forms, including bills, joint resolutions, concurrent resolutions, and simple resolutions. If a bill does not pass and become law, it may be reintroduced in a subsequent Congress for further consideration. Congressional committee reports are written by committees within the House of Representatives and the Senate and provide detailed analysis and background information on proposed legislation. Congressional hearings are held to obtain information on proposed legislation, conduct investigations, or evaluate the implementation of laws or the activities of governmental departments.
The legislative branch also plays a role in confirming or rejecting presidential nominations for heads of federal agencies, federal judges, and the Supreme Court. Additionally, Congress can remove the president from office in exceptional circumstances. The legislative branch is an essential part of the system of checks and balances, where each branch of government can respond to the actions of the other branches. For example, while the president can veto legislation created by Congress, Congress can override a presidential veto with a two-thirds majority in both houses.
The creation of the Constitution and the legislative branch was driven by concerns about the weaknesses of the Articles of Confederation, which gave the Confederation Congress rule-making and funding powers but no enforcement powers, and the inability to regulate commerce or print money. The Constitutional Convention, assembled in Philadelphia in May 1787, aimed to revise the Articles but ultimately decided to redesign the government. The delegates, including James Madison, Alexander Hamilton, and George Washington, feared their young country was on the brink of collapse due to disputes over territory, war pensions, taxation, and trade. The resulting Constitution, signed by 39 delegates on September 17, 1787, created a powerful central government with a system of checks and balances to ensure that no individual or group would have too much power.
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The executive branch of the federal government
The Constitution of the United States was written to address the shortcomings of the Articles of Confederation, America's first constitution, which gave the Confederation Congress the power to make rules and request funds from the states, but lacked enforcement powers, the ability to regulate commerce, or print money. The Constitution aimed to create a more powerful central government while balancing the interests and views of the individual states.
Now, the executive branch of the federal government is one of the three branches of the U.S. government, alongside the legislative and judicial branches. The executive branch is responsible for executing and enforcing the laws created by Congress. The power of the executive branch is vested in the President of the United States, who also serves as the head of state and Commander-in-Chief of the armed forces. The President appoints the heads of federal agencies, including the Cabinet, which is responsible for the day-to-day administration and enforcement of federal laws.
The Cabinet includes the Vice President, heads of executive departments, and other high-ranking government officials. Cabinet members are nominated by the President and must be approved by the Senate. The executive branch also comprises executive departments, independent agencies, and other boards, commissions, and committees. The President appoints the heads of these departments and agencies, who are responsible for carrying out the day-to-day functions of the federal government.
The executive branch employs more than 4 million Americans, including members of the armed forces. It includes departments and agencies such as the Department of Defense, the Environmental Protection Agency, the Social Security Administration, the Securities and Exchange Commission, and the Department of Justice (DOJ). The DOJ, led by the Attorney General, is the world's largest law office and plays a crucial role in enforcing federal laws.
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The judicial branch of the federal government
The Constitution of the United States was written to address the shortcomings of the Articles of Confederation, which was America's first constitution. The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, and the authority to print money. This led to disputes among the states over territory, war pensions, taxation, and trade, threatening the young nation's stability.
Now, let's focus on the judicial branch of the federal government:
The Judicial Branch, established by Article III of the U.S. Constitution, guarantees every person accused of wrongdoing the right to a fair trial. It includes the Supreme Court and other federal courts, such as the United States district courts and courts of appeals. Article III leaves Congress with significant discretion to shape the federal judiciary, including determining the number of Supreme Court Justices. The Constitution grants Congress the power to establish courts inferior to the Supreme Court, and Congress has exercised this power by creating district and appellate courts.
The Supreme Court is the highest court in the land and the only part of the federal judiciary explicitly mandated by the Constitution. The number of Supreme Court Justices is not stipulated in the Constitution but is instead set by Congress. There have been varying numbers of Justices throughout history, but since 1869, there have been nine Justices, including one Chief Justice and eight Associate Justices. These Justices are nominated by the President and confirmed by the Senate, serving for life until they resign, pass away, or are impeached and convicted by Congress.
The federal courts are responsible for administering justice fairly and impartially within their jurisdiction established by the Constitution and Congress. They have the sole power to interpret the law, determine its constitutionality, and apply it to individual cases. The Supreme Court's authority includes original jurisdiction in certain cases, such as disputes between states, which cannot be revoked by Congress. The Court's decisions are final and cannot be appealed to any authority, making it the ultimate judicial authority in the United States on matters of federal law.
The power of judicial review, as demonstrated in the Marbury v. Madison case, is a significant aspect of the Judicial Branch. The Supreme Court asserted its authority to review Acts of Congress and choose between conflicting rules, such as between the Constitution and statutory law. This power has been preserved through a system of self-limitation, where the Court carefully selects the cases it considers to avoid opinions on controversial or challenging issues.
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The ratification of the Constitution
Alexander Hamilton led the call for a constitutional convention to reevaluate the nation's governing document, and on May 25, 1787, representatives from all 13 states convened in Philadelphia. The delegates had gathered to revise the Articles of Confederation, but by mid-June, they had decided to completely redesign the government. The delegates compromised by giving each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate, and they agreed to count enslaved Africans as three-fifths of a person.
On September 17, 1787, 38 out of 41 delegates signed the new U.S. Constitution. Under Article VII, it was agreed that the document would not be binding until its ratification by nine of the 13 existing states. Hamilton, Madison, and Jay produced the 85 essays known as "The Federalist Papers" to promote ratification, and the first state to ratify was Delaware on December 7, 1787. On June 21, 1788, New Hampshire became the ninth state to ratify, and the Constitution became the official framework of the U.S. government.
The Constitution promised a stronger central government with three branches: executive, legislative, and judicial. The legislative branch included the expanded powers of Congress, such as the power to tax, and the judicial branch included a national court system. The Constitution also addressed individual liberties, with the first ten Amendments, known as the Bill of Rights, added in 1791. These Amendments guaranteed freedoms of religion, speech, press, assembly, and the right to petition. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island finally approved the document.
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Frequently asked questions
The US Constitution was written to establish the United States government and determine its relationship with the people and the individual states.
America's first constitution, the Articles of Confederation, gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn’t regulate commerce, or print money.
Benjamin Franklin, addressing the Constitutional Convention on September 17, 1787, expressed doubt about the ability of a group of men to create a perfect constitution due to their prejudices, passions, errors of opinion, local interests, and selfish views.
One of the fiercest arguments was over congressional representation—whether it should be based on population or divided equally among the states. A compromise was reached by giving each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate. Another compromise was reached on slavery, with the delegates agreeing that the slave trade could continue until 1808.
Yes, the Constitution has been amended and improved over time. The first ten amendments, known as the Bill of Rights, were added in 1791. These amendments guaranteed certain basic protections for the people, including freedom of religion, speech, press, assembly, and the right to petition.
