About the United States Constitution

"We the People of the United States, in Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, 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." – Preamble to the Constitution.

The Constitution of the United States of America stands as the supreme law of the land. This foundational document, imbued with the sovereign authority of the people through its framers and the consent of state legislatures, serves as the bedrock of American governance. It is the ultimate source from which all governmental powers derive, while simultaneously imposing crucial limitations on the government to safeguard the fundamental rights of every United States citizen. The creation of this document was a pivotal moment in American history, shaping the nation’s identity and future trajectory.

The Genesis of a Constitution

The impetus for drafting the Constitution stemmed from the inherent weaknesses and inadequacies of the Articles of Confederation, the nation’s first attempt at a unified government. The Articles, ratified in 1781, established a "firm league of friendship" among the states, granting the majority of power to a Congress of the Confederation. However, this central government suffered from severe limitations. While it held the authority to conduct diplomacy, declare war, and set standard weights and measures, its most critical flaw was its inability to levy taxes. The government was entirely dependent on the states for financial support, rendering it largely ineffective in addressing national challenges.

Under the Articles, each state sent a delegation of between two and seven members to the Congress, and each state held a single vote. This system required a unanimous vote on any decision of consequence, a stipulation that frequently led to governmental paralysis and ineffectiveness. Recognizing the urgent need for reform, a movement began to address the shortcomings of the Articles.

In September 1786, commissioners from five states convened at the Annapolis Convention to discuss potential adjustments to the Articles of Confederation. Following these deliberations, the Congress of the Confederation officially endorsed a plan to revise the Articles on February 21, 1787. Invitations were subsequently extended to the state legislatures, urging them to send delegates to a convention in Philadelphia to discuss potential changes to the Articles.

In May 1787, delegates from 12 of the 13 states (Rhode Island notably abstained from sending representatives) assembled in Philadelphia to embark on the ambitious task of redesigning the framework of the American government. The delegates to the Constitutional Convention swiftly commenced their work, dedicating themselves to the drafting of a new Constitution for the United States.

The Constitutional Convention: Forging a New Republic

A paramount objective of the Constitution, as envisioned by the Convention, was to establish a government possessing sufficient power to effectively act on a national level. However, the framers were equally concerned with preventing the concentration of power that could potentially jeopardize fundamental rights. To achieve this delicate balance, they devised a system of separated powers, dividing governmental authority into three distinct branches, each with its own set of responsibilities. Furthermore, they incorporated a system of checks and balances, ensuring that no single branch could dominate the others, thus safeguarding against tyranny.

This concern over the potential abuse of power stemmed from the delegates’ experiences with the King of England and his powerful Parliament. The Constitution defined three main branches of government: the Congressional Legislature, responsible for making laws; the Executive branch, headed by the President, responsible for enforcing laws; and a judicial branch, headed by the Supreme Court, responsible for interpreting laws. The powers and duties of each branch were meticulously outlined within the Constitution. All powers not specifically assigned to the federal government were reserved for the respective states and the people, thereby establishing the federal system of government that continues to define the relationship between the national government and the states.

Much of the debate during the Convention, which was conducted in secret to encourage open and honest discussion among the delegates, centered on the structure of the new legislature. Two competing plans emerged: the Virginia Plan, which proposed representation based on each state’s population, and the New Jersey Plan, which advocated for equal representation for each state in Congress. The larger states favored the Virginia Plan, while the smaller states preferred the New Jersey Plan.

Ultimately, the delegates reached a compromise known as the Great Compromise (sometimes referred to as the Connecticut Compromise). This agreement established a bicameral legislature, with the House of Representatives representing the people, apportioned by population, and the Senate representing the states, with each state receiving equal representation. The plan also included the creation of the Electoral College for electing the President, and an independent judiciary.

The founders also carefully delineated the relationship between the states. The Constitution mandates that states grant "full faith and credit" to the laws, records, contracts, and judicial proceedings of other states, although Congress retains the power to regulate the manner in which states share records and define the scope of this clause. States are prohibited from discriminating against citizens of other states and from enacting tariffs against one another. Additionally, states are obligated to extradite individuals accused of crimes to other states for trial.

Recognizing the need for adaptability, the founders included a process by which the Constitution could be amended. Since its ratification, the Constitution has been amended 27 times. To prevent frivolous or easily swayed changes, the amendment process is deliberately arduous. An amendment may be proposed by a two-thirds vote of both houses of Congress or, upon request from two-thirds of the states, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the state legislatures or by conventions held in three-fourths of the states. In modern times, amendments typically specify a timeframe for ratification, usually several years. Furthermore, the Constitution stipulates that no amendment can deny a state equal representation in the Senate without that state’s consent.

With the details and language finalized, the Convention proceeded to the task of formally documenting the Constitution. The document was written in the hand of Gouverneur Morris, a delegate from Pennsylvania, whose position allowed him some discretion over the punctuation of certain clauses. Morris is also credited with crafting the famous preamble. On September 17, 1787, 39 of the 55 delegates signed the new document. Some delegates refused to sign, primarily due to the absence of a bill of rights. At least one delegate objected because the Constitution codified and protected slavery and the slave trade.

The Road to Ratification

The process for ratifying the Constitution, as outlined within the document itself, sparked widespread debate across the states. The Constitution would take effect once it had been ratified by nine of the thirteen state legislatures, a threshold that did not require unanimous consent. Two distinct factions emerged during the ratification debates: the Federalists, who supported adoption, and the Anti-Federalists, who opposed it.

James Madison, Alexander Hamilton, and John Jay penned an eloquent defense of the new Constitution in a series of essays known as the Federalist Papers. Published anonymously in newspapers such as The Independent Journal and The New York Packet under the pseudonym "Publius" between October 1787 and August 1788, these 85 articles remain a valuable resource for understanding the framers’ intentions for the Constitution. Among the most renowned essays are Federalist No. 10, which warns of the dangers of factions and advocates for a large republic, and Federalist No. 51, which elucidates the structure of the Constitution, its checks and balances, and its safeguards for the rights of the people.

The states commenced the ratification process, with some engaging in more intense debates than others. Delaware was the first state to ratify the Constitution, on December 7, 1787. Following New Hampshire’s ratification on June 21, 1788, which marked the ninth state to approve the document, the Confederation Congress established March 9, 1789, as the date for the new government to begin operating under the Constitution. By this time, all states except North Carolina and Rhode Island had ratified, but they eventually followed suit, with Rhode Island becoming the last state to ratify, on May 29, 1790.

The Bill of Rights: Guaranteeing Fundamental Freedoms

A central point of contention between the Federalists and Anti-Federalists was the Constitution‘s omission of a specific enumeration of fundamental civil rights. Many Federalists contended that the people surrendered no rights by adopting the Constitution. However, in several states, the ratification debate hinged on the inclusion of a bill of rights. The solution came in the form of the Massachusetts Compromise, where four states ratified the Constitution while simultaneously sending recommendations for amendments to Congress.

James Madison introduced 12 amendments to the First Congress in 1789, which were subsequently sent to the states for ratification. Designed to protect the civil rights of the people, the Bill of Rights guarantees freedom of speech, press, assembly, and religion; the right to fair legal procedure; the right to bear arms; and reserves powers not delegated to the federal government for the states and the people. The Bill of Rights was ratified on December 15, 1791, with the exception of one proposal regarding Congressional salaries, which was not ratified until 1992.

A Summary of the Amendments

• First Amendment: Prohibits Congress from making laws that establish a religion or restrict the free exercise thereof. It protects freedom of speech, the press, assembly, and the right to petition the government.
• Second Amendment: Guarantees citizens the right to bear arms.
• Third Amendment: Prohibits the government from quartering troops in private homes, a major grievance during the American Revolution.
• Fourth Amendment: Protects citizens from unreasonable searches and seizures. The government must obtain a warrant, issued by a judge based on probable cause, before conducting a search.
• Fifth Amendment: Guarantees due process of law, prevents double jeopardy, protects against self-incrimination, and establishes eminent domain, ensuring just compensation for private property taken for public use.
• Sixth Amendment: Assures the right to a speedy trial by a jury of one’s peers, the right to be informed of the charges, the right to confront witnesses, the right to compel testimony from witnesses, and the right to legal representation.
• Seventh Amendment: Guarantees the right to a jury trial in civil cases.
• Eighth Amendment: Prohibits excessive bail, excessive fines, and cruel and unusual punishments.
• Ninth Amendment: Affirms that the enumeration of specific rights in the Constitution does not mean that other rights, not specifically listed, are not also protected.
• Tenth Amendment: Reserves powers not delegated to the federal government, nor prohibited to the states, to the states or the people.

In 2004, Senator Robert Byrd introduced an amendment to a spending bill that established September 17 as Constitution Day and Citizenship Day. This federal observance commemorates the adoption of the U.S. Constitution and honors those who have become U.S. citizens. Before this law, September 17 was known as Citizenship Day. Congress mandated that all publicly-funded educational institutions provide education about the Constitution on this day.

*The United States Constitution is the shortest and oldest written national Constitution still in use by any nation in the world today.*

Compiled and edited by Kathy Alexander/Legends of America, updated March 2023.

Also See:

• American History
• The Bill of Rights
• Full Text of the Constitution
• Who’s Who in American History

Source: The White House