constitution of the united states
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The Constitution of the United States of America is the supreme law of the United States. It provides the framework for the organization of the United States Government. The document defines the three main branches of the government: The legislative branch with a bicameral Congress, an executive branch led by the President, and a judicial branch headed by the Supreme Court. Besides providing for the organization of these branches, the Constitution carefully outlines which powers each branch may exercise. It also reserves numerous rights for the individual states, thereby establishing the United States' federal system of government. It is the shortest and oldest written constitution of any major sovereign state.
The United States Constitution was adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and later ratified by conventions in each U.S. state in the name of "The People"; it has since been amended twenty-seven times, the first ten amendments being known as the Bill of Rights. The Articles of Confederation and Perpetual Union was actually the first constitution of the United States of America. The U.S. Constitution replaced the Articles of Confederation as the governing document for the United States, and transformed the constitutional basis of government from confederation to federation, also making it the world's oldest federal constitution. The Constitution has a central place in United States law and political culture. The handwritten, or "engrossed", original document is on display at the National Archives and Records Administration in Washington, D.C.
History
Drafting and ratification requirements
In September 1786, commissioners from five states met in the Annapolis Convention to discuss adjustments to the Articles of Confederation that would improve commerce. They invited state representatives to convene in Philadelphia to discuss improvements to the federal government. After debate, the Congress of the Confederation endorsed the plan to revise the Articles of Confederation on February 21, 1787. Twelve states, Rhode Island being the only exception, accepted this invitation and sent delegates to convene in May 1787. The resolution calling the Convention specified that its purpose was to propose amendments to the Articles, but through discussion and debate it became clear by mid-June that, rather than amend the existing Articles, the Convention decided to propose a rewritten Constitution. The Philadelphia Convention voted to keep the debates secret, so that the delegates could speak freely. They also decided to draft a new fundamental government design, which eventually stipulated that only nine of the thirteen states would have to ratify for the new government to go into effect (for the participating states). Current knowledge of the drafting and construction of the United States Constitution comes primarily from the diaries left by James Madison, who kept a complete record of the proceedings at the Constitutional Convention.
Work of the Philadelphia Convention
The Virginia Plan was the unofficial agenda for the Convention, and was drafted chiefly by James Madison, considered to be "The Father of the Constitution" for his major contributions. It was weighted toward the interests of the larger states, and proposed among other points:
- A powerful bicameral legislature with a House and a Senate
- An executive chosen by the legislature
- A judiciary, with life-terms of service and vague powers
- The national legislature would be able to veto state laws
An alternative proposal, William Paterson's New Jersey Plan, gave states equal weights and was supported by the smaller states. Roger Sherman of Connecticut brokered The Great Compromise whereby the House would represent population, the Senate would represent states, and a president would be elected by electors.
The contentious issue of slavery was too controversial to be resolved during the convention. As a result, the original Constitution contained four provisions tacitly allowing slavery to continue for the next 20 years. Section 9 of Article I allowed the continued "importation" of such persons, Section 2 of Article IV prohibited the provision of assistance to escaping persons and required their return if successful and Section 2 of Article I defined other persons as "three-fifths" of a person for calculations of each state's official population. Article V prohibited any amendments or legislation changing the provision regarding slave importation until 1808, thereby giving the States then existing 20 years to resolve this issue. The failure to do so was a contributing factor to the Civil War.
Ratification
Contrary to the process for "alteration" spelled out in Article 13 of the Articles , Congress submitted the proposal to the states and set the terms for representation.
On September 17, 1787, the Constitution was completed in Philadelphia at the Federal Convention, followed by a speech given by Benjamin Franklin who urged unanimity, although they decided they only needed nine states to ratify the constitution for it to go into effect. The Convention submitted the Constitution to the Congress of the Confederation, where it received approval according to Article 13 of the Articles of Confederation.
Once the Congress of the Confederation received word of New Hampshire's ratification, it set a timetable for the start of operations under the Constitution, and on March 4, 1789, the government under the Constitution began operations.
Historical influences
Several of the ideas in the Constitution were new, and a large number of ideas were drawn from the literature of Republicanism in the United States, from the experiences of the 13 states, and from the British experience with mixed government. The most important influence from the European continent was from Montesquieu, who emphasized the need to have balanced forces pushing against each other to prevent tyranny. (This in itself reflects the influence of Polybius' 2nd century BC treatise on the checks and balances of the constitution of the Roman Republic.) John Locke is known to have been a major influence, and the due process clause of the United States Constitution was partly based on common law stretching back to the Magna Carta of 1215.
Influences on the Bill of Rights
The United States Bill of Rights consists of the ten amendments added to the Constitution in 1791, as supporters of the constitution had promised critics during the debates of 1788. The English Bill of Rights (1689) was an inspiration for the American Bill of Rights. For example, both require jury trials, contain a right to keep and bear arms, and prohibit excessive bail as well as "cruel and unusual punishments." Many liberties protected by state constitutions and the Virginia Declaration of Rights were incorporated into the United States Bill of Rights.
Articles of the Constitution
The Constitution consists of a preamble, seven original articles, twenty-seven amendments, and a paragraph certifying its enactment by the constitutional convention.
Preamble: Statement of purpose
The Preamble states:
The Preamble does not grant any particular authority to the federal government and it does not prohibit any particular authority. It establishes the fact that the federal government has no authority outside of what follows the preamble, as amended. "We the people", is one of the most-quoted sections of the Constitution. It was thought by the Federalists during this time that there was no need for a bill of rights as they thought that the preamble spelled out the people's rights.
Article One: Legislative power
Article One describes the congress, the legislative branch of the federal government. The United States Congress is a bicameral body consisting of the lower house of the House of Representatives and the Senate as the upper house.
The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, have been a citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, have been a citizen for nine years, and live in the state they represent.
In Article I Section I, the Constitution reads "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." This gives Congress more than simply the responsibility to establish the rules governing its proceedings and for the punishment of its members; it places the power of the government primarily in Congress.
Article I Section 8 enumerates a list of powers. The powers listed and all other powers are made the exclusive responsibility of the legislative branch.
The Congress shall have power... To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government
Regarding constitutional liberty, Obama has twice taken an oath to "support and defend the Constitution of the United States against all enemies, foreign and domestic" and to "bear true faith and allegiance to the same." He does not honor that oath because he subscribes to the errant notion of a "Living Constitution"
This post discusses the core and foundation of the United States of America and what it was about our Constitution that created such prosperity and freedom for the American people - Contrasting this to Barack Obama's vision of America and what it should be.
We, the undersigned, find California’s Proposition 8 to be a violation of the United States Constitution as well as a violation of basic equal rights for American citizens. We ask our representatives to vow to do everything within their power to overturn this proposition.
We, the undersigned, are united in our refusal to accept a California where discrimination is enshrined in our state's constitution.We pledge to repeal Prop 8 and restore marriage equality to California.
"READ IN CASE OF NATIONAL EMERGENCY"by Blackie Lawless“We the people of the United States’. These are the first 7 words of the Constitution of the United States of America. As I stood in the reception area of the Pentagon in Washington D.C. early this year, a large recreation of that Constitution was posted on the wall.
Army Chick asks: "I need some information on rights that are stated in the constitution. I don't what a link to a page with the constitution on it, I just what some of the rights that are mentioned in the Constitution listed.I am not asking you to do my homework for me, my homework is to asnwer an essay question and I need some examples that I can use. I have read the constitution in my government class. I just can't remember right now, this paper is late and grades for the quarter are due tomorrow. I need some examples of the rights stated in the constitution so that I can come up with an example that I can use with that right.The question is, although you probably don't care."Is it important for the citizens of the country to know and understand the constitution?" If I wanted you to do m homework for me, that is what I would have put for my question."sickforgames replies: 'http://en.wikipedia.org/wiki/Constitution_of_the_United_States'arus808 replies: 'google "First Amendment".or please dont ask us to do your homework for you.'Cait W replies: 'One of your rights is to get an education for yourself. The rest of us have the right to remain silent.'abqdan replies: 'You will not understand them if you do not read the constitution itself - it is supposed to be part of your homework assignment!'coragryph replies: 'So, you don't actually want to read the Constitution, you just want someone to tell you what it says. And you're going to take their word for it that what they are telling you is accurate. As opposed to taking 15 minutes and reading it for yourself.'lordofthebarnyrd replies: 'Well references to the first amendment and all other amendments are immaterial since you frame your question as "rights that are stated in the constitution."Really, the constitution contains very few rights (which was one of the main purposes of the subsequent bill of rights). Among the very few are the Privileges and Immunities refered to in U.S. Const. art. IV, s 2, cl. 1, and the Art IV, s 4 rights to a Republican form of government and protection from invasion (but these apply mostly to the states and not necessarily the individuals). But tell your professor that the constitution was not concerned with "rights" as much as providing an effective system of government and that his question presupposes the existence of amendments. Oh yeah, and do read the constitution (or else please never vote)!'cass2630 asks: "If possible give specific reasons/examples throughout history of why the Constitution of the United States is fair?"Libs R Poopyheads replies: 'cause all you have to do is be a US citizen and you're protected'cvq3842 replies: 'I would look to the Due Process and Equal Protection clauses of the 14th Amendment, but that amendment was passed only after the Civil War. It's one example, though.'Steven replies: 'because i am able to write u this without a problem and because u can ask that question'Fly-Boi replies: 'The United States Constitution is fair; its the people who are responsible for enforcing the law of the land; that have failed the people on many political and social issues.'Dick Tater replies: 'Is that how the teacher asked the question, or is that a question directly from the text book?'ShyGirl replies: 'It isn't a "fair" or "unfair" document.It simply lays out the structure by which our government is to be run.Tell your teacher to rephrase the question.'Dr.John L replies: 'It ensures many important freedoms particularly freedom of speech and assembly. The Bush Administration violates it, and the Supreme Court politicizes it, unfortunately'1Pilot replies: 'It allows all us citizens the same rights as well as making sure we don't go down the road of this big government thing that all the liberals are trying to get us to bite on its pretty cut and dry if you ever read it which is a pretty good start ya know just read it, give us some examples how its not and if you cant i would have to say its pretty fair'Mike asks: ""In Framing a government which is to be admininistered by men over men, the great difficulty lies in this : you must first enable to government to control the governed; and in the next place obligate it to control itself."How does the constitution of the united states (together with the bill of rights) illustrate this principle?Thats my essay question. I'm confused what they want, yes i read the chapters and yes i confronted the professor , i'm still confused how to start it off.What should I put for my intro, i need a thesis , and a nice quotation?if u want to help me with my body that would be more appreciated.I will give best answer to who helps me the most. thanks."Coryn replies: 'ok,its asking u to tell u aobut the goverment and how it groverns itsw ppl if u have a dictator then that isnt a good govemrent in there mind cuz...he isnt realy governing the govredned just useing them....so like i would quate a george washtigon saying he surly has somthine about how the goverment cnat run smoothlyu if it doesnt no what the ppl want...'mstrobert replies: 'So, I'm not going to write your paper, but here is food for thought.it's real clear that the constution while establishing a frame work to govern, it let's the governed to control the constitution.That is, you and I are bound by and holders of the constitution. Every time it is interperted, or changed it is us the populas who are in control, via our elected officials, or the unelected judiciary.Hold it wisely!'Jim Carey asks: "Welll. I can, We the People of the United States, in Order to form a more perfect Union, 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, do ordain and establish this Constitution for the United States of America. THE END~"Non-Compassionate Liberal replies: 'We the people have established this liberal paradise, despite Bushhole trying to tear it down.'petrel replies: 'I think that the preamble to the constitution is perfectly OK just as it is.'lookilu56 replies: 'Clap, clap, clap, clap'themaninyourheadhasgonetobed asks: "Is this from the Articles of the Confederation or from the Constitution of the United States?The...states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and general welfare..."freedomhammer replies: 'It is from Article III of the Articles of Confederation:Article III. The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever.'w_e_t_willie replies: 'The articles of the confederation'martian645 replies: 'Articles, not Const'
United States Constitution - Wikipedia, the free encyclopedia
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.usinfo.state.gov UNITED STATES DEPARTMENT OF STATE do ordain and establish this Constitution for the United States of America