Documents To Laws: Understanding The Constitutional Process

The United States Constitution is the nation's fundamental law and the oldest and longest-standing written and codified national constitution in force in the world. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution was signed on September 17, 1787, by delegates to the Constitutional Convention in Philadelphia, and it became operational in 1789. The document outlines the framework of the federal government of the United States and establishes America's national government and fundamental laws, guaranteeing certain basic rights for its citizens. The Constitution is made up of a preamble and seven articles that describe the way the government is structured and how it operates. The first three articles establish the three branches of government and their powers: legislative (Congress), executive (office of the President), and judicial (Federal court system). A system of checks and balances prevents any one of these separate powers from becoming dominant. Articles four through seven describe the relationship of the states to the Federal Government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes.

The US Constitution is the nation's fundamental law

The Constitution is made up of three parts: the Preamble, the seven Articles, and the Amendments. The Preamble outlines the purpose of the document and the Federal Government. The Articles establish how the Government is structured and how the Constitution can be changed. The Amendments list changes to the Constitution; the first 10 are called the Bill of Rights.

The Constitution was written to address the weaknesses of the Articles of Confederation, which established a "firm league of friendship" between the States, but vested most power in a Congress of the Confederation. The central government had little power and was entirely dependent on the States for funding. The Constitution aimed to create a government with enough power to act on a national level, while also ensuring fundamental rights would not be at risk. This was achieved by separating the power of government into three branches: the executive, legislative, and judicial. A system of checks and balances was also put in place to ensure no single branch would have too much authority.

The Constitution is considered a "living" document as it can be amended, although in over 200 years there have only been 27 amendments. The process for making amendments is quite onerous, requiring a two-thirds vote of both Houses of Congress, or a convention called at the request of two-thirds of the States. Amendments must then be ratified by three-fourths of the State legislatures or three-fourths of conventions called in each State for ratification.

The Constitution is a living document

The US Constitution is often referred to as a "living" document because it can be amended to adapt to new circumstances and changing times. While the formal amendment process is challenging, the Constitution has been amended 27 times in over 200 years.

The need for a Constitution arose from the shortcomings of the Articles of Confederation, which established a "firm league of friendship" between the States but vested most power in a Congress of the Confederation. This central government was ineffective as it was entirely dependent on the States for funding and required a unanimous vote for any decision of consequence.

The Constitution aimed to create a more powerful federal government while safeguarding fundamental rights. It separated governmental power into three branches with checks and balances to prevent any single branch from gaining supremacy. The Constitution also established a federal democratic republic, with inherent rights, self-government, and separation of powers as its foundational principles.

The flexibility of the Constitution is evident in its ability to accommodate changes in government. For example, the fight to enfranchise all Americans regardless of race or gender has resulted in seven amendments related to voting rights. The Constitution's adaptability ensures that it remains relevant and reflective of the evolving needs of the country.

However, critics argue that a living Constitution may be subject to manipulation, with judges imposing their own ideas and interpretations. This view highlights the tension between having a Constitution that is both adaptable and firmly rooted in fundamental principles.

The Constitution superseded the Articles of Confederation

The United States Constitution superseded the Articles of Confederation, which was the nation's first constitution. The Articles of Confederation were adopted by the Continental Congress on November 15, 1777, and ratified by the states in 1781. It established a weak central government—a "league of friendship"—that largely preserved state power and independence. The Articles created a national government centred on the legislative branch, which was comprised of a single house. There was no separate executive branch or judicial branch. The delegates in Congress voted by state—with each state receiving one vote, regardless of its population. The national government did not have the power to tax, to regulate commerce between the states, or to force the states to provide troops or send the government money.

The limitations placed upon the central government (such as in assembling delegates, raising funds, and regulating commerce) rendered it ineffective at governing the continually growing U.S. states. As the government's weaknesses became apparent, some prominent political thinkers in the fledgling union began asking for changes to the Articles. Their hope was to create a stronger government. Initially, in September 1786, some states met to address interstate protectionist trade barriers between them. Shortly thereafter, as more states became interested in meeting to revise the Articles, a meeting was set in Philadelphia on May 25, 1787. This became the Constitutional Convention.

The delegates to the Constitutional Convention eventually framed a new Constitution designed to address many of the flaws in the Articles of Confederation. The new Constitution provided for a much stronger federal government by establishing a chief executive (the president), courts, and taxing powers. The Constitution of the United States is the foundation of the Federal Government. It is often called the supreme law of the land; no law may be passed that contradicts its principles. At the same time, it is flexible and allows for changes in the Government. The Constitution is known as a "living" document because it can be amended, although in over 200 years there have only been 27 amendments.

The Constitution established a Federal democratic republic

The Constitution of the United States is the foundation of the Federal Government and is considered the "supreme law of the land". It is a "living" document that can be amended, although in over 200 years, there have only been 27 amendments. The Constitution established a Federal democratic republic—a system where the people govern themselves and the government's power is derived from its people.

The US Constitution is divided into three parts. The first part, the Preamble, describes the purpose of the document and the Federal Government. The second part, the seven Articles, establishes how the Government is structured and how the Constitution can be changed. The third part, the Amendments, lists changes to the Constitution; the first 10 are called the Bill of Rights.

The purpose of the Federal Government, as outlined in the Preamble of the Constitution, is to "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." The Founding Fathers established three main principles on which the Government is based: inherent rights, self-government, and the separation of powers.

The need for the Constitution arose from issues with the Articles of Confederation, which established a "firm league of friendship" between the States but vested most of the power in a Congress of the Confederation. This power was extremely limited, and the central government was dependent on the States for funding. The system of government set up by the Articles of Confederation did not effectively regulate trade among the States, leading to trade barriers.

In 1787, delegates from 12 of the 13 States convened in Philadelphia to begin drafting a new Constitution for the United States. The Constitutional Convention aimed to create a government with sufficient power to act on a national level while safeguarding fundamental rights. This was achieved by separating the power of the government into three branches with checks and balances to ensure no single branch became too powerful.

The Constitution is organised into three parts

The Constitution of the United States is the foundation of the Federal Government and is considered the supreme law of the land. It is a "living" document that can be amended, although in over 200 years there have only been 27 amendments. The Constitution is organised into three parts:

• The Preamble: The first part of the Constitution is the Preamble, which explains the purpose of the document and the power of the Federal Government, deriving from the people of the United States. The Preamble begins with the famous words, "We the People". It outlines the goals of the government, including establishing justice, ensuring domestic tranquility, providing for the common defence, promoting the general welfare, and securing liberty for the people and their posterity.
• The Seven Articles: The second part consists of seven Articles that establish the structure of the government and outline how it operates and how the Constitution can be changed. The first three articles establish the three branches of government: the Legislative Branch (Congress), the Executive Branch (office of the President), and the Judicial Branch (Federal court system). The remaining four articles describe the relationship between the states and the Federal Government, establish the Constitution as the supreme law, and define the amendment and ratification processes.
• The Amendments: The third part of the Constitution lists the changes made to the document. The first 10 amendments are known as the Bill of Rights, which guarantees fundamental rights such as freedom of religion, speech, press, assembly, the right to bear arms, protection against excessive bail, and cruel and unusual punishment. Amendments 11 through 27 address various issues, including lawsuits against states, the electoral vote, prohibition of slavery, equal protection, voting rights, and term limits.

Frequently asked questions