Keith Mack
The United States Constitution is a document that outlines the country's fundamental laws and principles. It was signed on September 17, 1787, and ratified on June 21, 1788. The Constitution has been interpreted and analysed by legal scholars and experts over the years, with some producing content to help the general public understand it better. For example, law professor and constitutional scholar, Kimberly Wehle, has authored a book called How to Read the Constitution—and Why, which explains basic constitutional concepts in plain terms. The Library of Congress also offers a monthly podcast series called Our Constitution, which provides an introduction to the nation's charter and its interpretation over time.
| Characteristics | Values |
|---|---|
| Author | Kimberly Wehle |
| Author's Qualifications | Law Professor, Constitutional Scholar, Former Assistant United States Attorney, Associate Independent Counsel in the Whitewater Investigation |
| Book's Purpose | To provide an evaluation of the Constitution and a practical guide to understanding the document and the arguments around it |
| Book's Style | Informative, easy to understand, written in plain terms, brings the language of the 18th-century document into 21st-century realities |
| Book's Audience | All Americans, laypersons |
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What You'll Learn
Understanding the history of the US Constitution
The United States Constitution has a rich history that dates back to the country's early years. Its creation was a response to the unique challenges of governing a geographically vast nation, consisting of multiple republics, in the aftermath of the Revolutionary War.
The Articles of Confederation, approved by the Second Continental Congress in 1777 and ratified by all 13 states in 1781, served as a "working document" during this war and the early years of the United States government. However, it became apparent that a more robust central government was needed to provide order and stability. This sentiment was particularly felt by James Madison, a delegate from Virginia, who, along with John Tyler, proposed that the Continental Congress be empowered to regulate commerce throughout the Confederation. Their efforts led to a convention in Annapolis, Maryland, in September 1786, where Madison and Alexander Hamilton issued a report calling for a convention of delegates from all the states.
The Constitutional Convention, which commenced on May 25, 1787, in Philadelphia, was a pivotal moment in the history of the US Constitution. General George Washington was unanimously elected as its president. The convention's delegates, including Madison, sought to forge a new, consolidated yet federal government, with a strong central authority while maintaining state powers. The debates were kept secret to encourage free discussion and negotiation. However, the proposed Constitution faced criticism, with some, like Congregationalist minister Samuel Hopkins, charging that it authorised the enslavement of people.
The ratification process of the Constitution was heated, with passionate debates between Federalists (supporters of the Constitution) and anti-Federalists. The Federalists dominated the Pennsylvania assembly, and their power was demonstrated in an unusual display of "participatory democracy" when a Philadelphia mob dragged two anti-Federalist members to the State House to ensure a quorum for voting. Despite such opposition, the US Constitution was eventually adopted in 1788, marking a significant shift towards a stronger central government.
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Interpreting the Constitution
Firstly, it is important to note that the US Constitution is a broad and flexible document, with wording that is open to interpretation. This means that the Court has significant power in interpreting its provisions and applying them to specific cases. This power of judicial review was asserted by the Supreme Court in 1803 in the case of Marbury v. Madison, and it allows the Court to review the constitutionality of federal and state government actions.
There are several methods that judges use to interpret the Constitution. One approach is to focus on the text and common understanding of the words at the time the provision was added. This is known as "originalism", and some Supreme Court justices are committed to this approach, believing that the meaning of the Constitution is settled by how it was understood when ratified. Originalists argue that their approach is dictated by the Constitution itself. However, critics of originalism, such as Cass Sunstein, argue that the Constitution does not contain instructions for its interpretation and that any approach must be defended in terms of its effects on rights and institutions.
Another method of interpretation is to consider the historical context in which a provision was drafted and ratified. This can help shed light on the intentions and purposes behind the text. Judges may also look to tradition, considering laws, customs, and practices established after the framing and ratification of a provision. Additionally, they may apply precedents, using rulings from previous cases to inform their decisions in new cases.
Interpretation can also involve structural analysis, where power relationships between institutions are inferred from the Constitution's text. Judges may also consider the consequences of their rulings, balancing costs and benefits, and they may draw on principles of moral reasoning, whether from natural law traditions or their own independent judgments.
The choice of interpretive approach is significant, as it can have profound effects on the lives of citizens. For example, the interpretation of the Constitution has impacted abortion rights, voting rights, affirmative action, and gun laws in the US.
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Supreme Court interpretations
The interpretation of constitutional law is largely based on Supreme Court interpretations of the text. This is a view shared by legal scholars, including Professor Laurence Tribe and Professor Akhil Amar, who argue that the constitutional text barely begins to explain the United States Constitution.
The Supreme Court's interpretations of the Constitution have evolved over time and may differ significantly from the original text. For example, in the case of Mahmoud v. Taylor, the Supreme Court held that a Maryland school district violated parents' Free Exercise rights under the First Amendment by not allowing children to opt out of classroom instruction related to sexual orientation. This interpretation of the First Amendment protects individuals' rights to freedom of religion and ensures that their children are not exposed to content that conflicts with their religious beliefs.
The Supreme Court's decision-making process is influenced by various factors, including the interpretation styles of the justices. Scholars have identified three primary models of judicial decision-making: the legal, attitudinal, and strategic models. The legal model, proposed by Maveety and Levi, suggests that judges are neutral arbiters of the law, implying that their interpretations are based solely on a legal analysis of the Constitution. However, in reality, other factors come into play, including the justices' ideological leanings and the specific circumstances of each case.
Justices with a progressive interpretation style tend to favour individuals' rights and liberties, while those with an originalist interpretation style often side with the government. Additionally, the Supreme Court's prior decisions play a significant role in shaping future interpretations. This is known as the common law approach, where justices rely primarily on precedent when deciding new cases.
Despite the importance of Supreme Court interpretations, it is crucial to recognize that the text of the Constitution itself provides the foundation for these interpretations. While the interpretations may deviate from the exact wording, they are still guided by the principles and values enshrined in the document.
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Amendments and articles
The US Constitution consists of seven articles that form its structural constitution. These articles were signed on 17 September 1787 and ratified on 21 June 1788. There have been 27 amendments to the Constitution since its ratification, the first ten of which were ratified on 15 December 1791 and are collectively known as the Bill of Rights.
The first amendment concerns fundamental freedoms, such as the Free Exercise rights of parents, as seen in the case of Mahmoud v. Taylor, where a Maryland school district was found to have violated these rights by not allowing children to opt out of classroom instruction related to sexual orientation. The second amendment is the Right to Bear Arms, and the third amendment concerns the quartering of soldiers. The fourth amendment deals with searches and seizures, and the fifth with the rights of persons.
The sixth amendment outlines rights in criminal prosecutions, and the seventh amendment outlines civil trial rights. The eighth amendment prohibits cruel and unusual punishment, and the ninth amendment concerns unenumerated rights. The tenth amendment outlines rights reserved to the states and the people, and the eleventh amendment concerns suits against states.
The twelfth amendment outlines the election of the president, and the thirteenth amendment abolished slavery. The fourteenth amendment outlines equal protection and other rights, and the fifteenth amendment outlines the right of citizens to vote. The sixteenth amendment introduced income tax, and the seventeenth amendment introduced the popular election of senators. Finally, the eighteenth amendment introduced the prohibition of liquor.
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The role of Congress
The United States Congress is the dominant policymaking authority out of the three branches of government. It is a bicameral legislature, meaning it is composed of two chambers: the House of Representatives and the Senate.
The main task of Congress is to pass laws. A bill is first introduced by a member of Congress and then referred to a committee for review, which can approve, amend, or reject it. If it is not rejected, it moves through different committees and subcommittees where it is debated. After approval by a full committee, it is voted on. After one chamber has approved it, it is sent to the other chamber for debate and approval. If the chambers approve different versions of the bill, they need to be resolved in a joint congressional committee. Once a bill has passed both chambers, it goes to the President, who can veto it or sign it into law. Even if the President vetoes a bill, Congress can still turn it into law with a two-thirds majority vote in both chambers.
In addition to passing laws, Congress has the power to amend the Constitution. An amendment needs to be passed by a two-thirds majority in both chambers of Congress and then by three-quarters of state legislatures.
Congress also has several other powers granted to it by Section 1 Article 8 of the Constitution. These include the power to coin money, declare war, regulate commerce, raise an army and a navy, establish federal courts, and establish rules regarding immigration and naturalisation.
The First Article of the U.S. Constitution also outlines several other roles and responsibilities of Congress. For example, each House shall be the judge of the elections, returns, and qualifications of its members, and a majority of each shall constitute a quorum to do business. Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and expel a member with the concurrence of two-thirds.
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Frequently asked questions
A good book to help you understand constitutional law is "How to Read the Constitution—and Why" by Kimberly Wehle. Wehle is a law professor, constitutional scholar, former Assistant United States Attorney, and Associate Independent Counsel in the Whitewater Investigation. Her book explains basic constitutional concepts in plain terms.
Yes, the podcast "Our Constitution" provides an engaging introduction to the nation's charter and how it has been interpreted over time. It is tailored for non-lawyers and designed to complement the "Constitution Annotated" website.
The "Constitution Annotated" website provides a legal analysis and interpretation of the United States Constitution based on a comprehensive review of Supreme Court case law.
The original text of the Constitution, as it was inscribed by Jacob Shallus on parchment, is on display in the Rotunda at the National Archives Museum. A transcription of the Constitution is also available online from the National Archives.
The Constitution covers a wide range of topics, including the establishment of a uniform rule of naturalization, the coining of money, the promotion of progress in science and the useful arts, the declaration of war, and the raising of armies.
