The Constitution's Legal Journey: When Does It Become Law?

The US Constitution became law on June 21, 1788, when two-thirds of the states ratified it. The Constitution was signed on September 17, 1787, by delegates to the Constitutional Convention in Philadelphia. The convention was held to amend the Articles of Confederation, which established a firm league of friendship between the states, but it was ultimately decided that a new form of government was needed. The Constitution was ratified by nine of the 13 states, with New Hampshire being the ninth state to do so.

The three branches of government

The Constitution of the United States is the supreme law of the United States. It superseded the Articles of Confederation on March 4, 1789, and has been amended 27 times since it became operational in 1789. The Constitution divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group will have too much power.

The Legislative Branch

The legislative branch is made up of the House of Representatives and the Senate, known collectively as Congress. Congress is responsible for drafting proposed laws, confirming or rejecting presidential nominations, and declaring war, among other powers. The legislative branch also controls all the money and has the authority to remove the president from office in exceptional circumstances.

The Executive Branch

The executive branch consists of the President, their advisors, and various departments and agencies. The President is the head of state, leader of the federal government, and Commander in Chief of the United States armed forces. The Vice President supports the President and becomes the President if the latter is unable to serve. The Cabinet serves as advisors to the President and includes the Vice President, heads of executive departments, and other high-ranking government officials. The executive branch is responsible for enforcing the laws of the land.

The Judicial Branch

The judicial branch consists of the Supreme Court and other federal courts. This branch interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution. The Justices of the Supreme Court, nominated by the President and confirmed by the Senate, can overturn unconstitutional laws.

Each branch of the US government has the ability to respond to the actions of the other branches through a system of checks and balances. For example, the President can veto legislation created by Congress, while Congress can impeach the President. This system ensures that no one branch gains too much power and that the government is effective and citizens' rights are protected.

Ratification

The process of ratification was a long and arduous one. The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. However, some states opposed the Constitution on the grounds that it did not provide protection for rights such as freedom of speech, religion, and the press. This issue was resolved by the Massachusetts Compromise, which stipulated that amendments would be made to the Constitution to include a Bill of Rights.

New Hampshire became the ninth state to ratify the Constitution on June 21, 1788, officially ending government under the Articles of Confederation. However, it was not until May 29, 1790, that the last state, Rhode Island, finally ratified the Constitution.

The process of ratification involved much popular debate in the states. Two factions emerged during this time: the Federalists, who supported the adoption of the Constitution, and the Anti-Federalists, who opposed it. James Madison, Alexander Hamilton, and John Jay wrote and published a series of essays known as "The Federalist Papers" in support of ratification, which remain an invaluable resource for understanding the framers' intentions.

The Articles of Confederation

The Articles gave little power to the central government. While the Confederation Congress had some decision-making abilities, it lacked enforcement powers. The implementation of most decisions, including amendments to the Articles, required legislative approval by all 13 of the newly formed states.

Despite these limitations, based on the Congressional authority granted in Article 9, the league of states was considered as strong as any similar republican confederation ever formed. The chief problem was, in the words of George Washington, "no money." The Confederated Congress could print money, but it was worthless, and while the Congress could borrow money, it could not pay it back. No state paid its share of taxes to support the government, and some paid nothing.

Under the Articles, the United States had little ability to defend its sovereignty. Most of the troops in the nation's 625-man army were deployed facing non-threatening British forts on American soil. Soldiers were not being paid, some were deserting, and others were threatening mutiny. Spain closed New Orleans to American commerce, despite the protests of U.S. officials. When Barbary pirates began seizing American ships of commerce, the Treasury had no funds to pay toward ransom. If a military crisis required action, the Congress had no credit or taxing power to finance a response.

The Bill of Rights

The First Amendment provides several rights protections, including the right to express ideas through speech and the press, to assemble or gather with a group to protest or for other reasons, and to ask the government to fix problems. It also protects the right to religious beliefs and practices and prevents the government from creating or favouring a religion.

The Second Amendment protects the right to keep and bear arms.

The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes.

The Fourth Amendment bars the government from unreasonable search and seizure of an individual or their private property.

The Fifth Amendment provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury and that a person cannot be tried twice for the same offence (double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law.

The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges.

The Seventh Amendment extends the right to a jury trial in federal civil cases.

The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment.

The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.

The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people.

Checks and balances

The US Constitution was signed on September 17, 1787, by delegates to the Constitutional Convention in Philadelphia. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789, and became the supreme law of the United States.

The US Constitution created a system of checks and balances to ensure that no single branch of government—executive, legislative, or judicial—gained supremacy.

The legislative branch consists of the bicameral Congress (Article I). The executive branch consists of the president and subordinate officers (Article II). The judicial branch consists of the Supreme Court and other federal courts (Article III).

The powers of each branch are enumerated in the Constitution, with powers not assigned to them reserved for the states. The Constitution also establishes the relationship between the states.

The system of checks and balances ensures that each branch of government has some control over the others, and that no one branch can become too powerful. For example, the legislative branch can pass laws, but the executive branch can veto them. The judicial branch can declare laws unconstitutional, but the legislative branch can change the laws, and the executive branch can appoint new judges.

The system of checks and balances also applies to the relationship between the federal government and the states. The federal government has certain enumerated powers, such as the power to regulate commerce and coin money, but the states have their own set of powers, such as the power to enact and enforce laws within their borders.

The Constitution also includes a process for amending it, which requires a two-thirds majority in both houses of Congress or a convention called for that purpose, followed by ratification by three-fourths of the state legislatures or conventions in each state.

The system of checks and balances in the US Constitution has been influential worldwide and has helped to ensure the stability and longevity of the US government.

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