Constitution of the United States
| Author | Jeffrey Lehman, Shirelle Phelps |
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A written document executed by representatives of the people of the United States as the absolute rule of action and decision for all branches and officers of the government, and with which all subsequent laws and ordinances must be in accordance unless it has been changed by a constitutional amendment by the authority that created it.
For over 200 years, the Constitution of the United States has served as the foundation for U.S. government. Created in 1787, the U.S. Constitution establishes and defines the basic outlines of a national government that joins the states in an effective political union. The U.S. Constitution has been and remains one of the most enduring political agreements in the history of the world. Throughout its existence, it has served as an
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inspiring example of the potential of constitutional government, causing many other countries and peoples to emulate its provisions.
According to Article VI of the Constitution, the U.S. Constitution is "the supreme Law of the Land." All other laws and judicial decisions are subject to its mandates. The Constitution therefore has higher authority than all other laws in the nation, including statutes and laws passed by Congress and state legislatures. Unlike those other laws, the Constitution may be changed, or amended, only in special ways that reflect its character as a demonstration of the people's will.
The original document of the U.S. Constitution is held at the National Archives, in Washington, D.C.
The Constitutional Convention of 1787 is a high point in the history of the United States. This remarkable assemblage of men, meeting in Philadelphia between May 23 and September 17, 1787, created the document that has given the United States one of the most stable and admired constitutional democracies in the history of the world.
55 delegates from 12 states attended various parts of the convention. Drawn from the educated and wealthy elite of the country, they included such luminaries as GEORGE WASHINGTON, the commander of American forces in the WAR OF INDEPENDENCE, who presided over the convention, and BENJAMIN FRANKLIN, at 81, the oldest delegate and the country's most famous statesman. A majority of the delegates were lawyers, and many, such as JAMES MADISON, were wealthy landowners. Many notable leaders of the time, however, including THOMAS JEFFERSON, who was in France, and PATRICK HENRY, did not attend.
The meetings of the convention were closed to the public and to the press. Thus, behind closed doors, the delegates hammered out the eventual form of U.S. government. The agreements reached during the convention exemplified the values of constitutional government. In an atmosphere that combined competitive, lively debate with tolerance and respect for differences of opinion, the delegates reached vital compromises on matters that threatened to divide the still loosely connected union of states. Many different factions opposed one another?small states versus large states, farmers versus businesspeople, North versus South, and slave states versus nonslave states.
The Constitutional Convention occurred in three separate phases. The first, from May 23 to July 26, created the basic features of the national government, including its division into legislative, executive, and judicial branches. During this phase, delegates also arrived at one important compromise between the interests of large and small states. That compromise created a bicameral, or two-chamber, legislature, composed of the House of Representatives and the Senate. During the second phase of the convention, from July 27 to August 6, the five-man Committee of Detail created a rough draft of the Constitution. In the third phase, which lasted from August 6 to September 6, the delegates debated remaining sticking points, particularly relating to the EXECUTIVE BRANCH and the means of electing a president. Eventually, they settled on the ELECTORAL COLLEGE suggested by Benjamin Franklin.
On September 17, 39 of the 42 delegates present signed the Constitution. Gouverneur Morris, coauthor of the New York State Constitution and a key delegate, summed up the significance of the Constitution that the convention had created when, after affixing his signature to it, he uttered these words: "The moment this plan goes forth, all other considerations will be laid aside and the great question will be: Shall there be a national government or not? And this must take place or a general anarchy will be the alternative."
Rossiter, Clinton. 1966. 1787: The Grand Convention. Reprint, New York: Norton, 1987.
Scott, James Brown. 2001. James Madison's Notes of Debates in the Federal Convention of 1787 and their Relation to a More Perfect Society of Nations. Union, N.J.: Lawbook Exchange.
When the United States declared itself a country separate from Great Britain in 1776, it
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did not have a written constitution. Instead, the 13 former colonies each had their own sovereignty and separate bodies of law. How the newly formed United States would act as one nation remained uncertain and undefined. The CONTINENTAL CONGRESS, the first national legislative body of the new nation, attempted to address this state of affairs by drafting the nation's first constitution, the ARTICLES OF CONFEDERATION, which were ratified in 1781, the same year that hostilities in the Revolutionary War against Britain came to an end at Yorktown, Virginia.
The Articles of Confederation proved an ineffective national constitution. That document did not provide for a strong federal, or central, government and allowed each state its own "sovereignty, freedom and independence" (art. II). It also did not provide the federal government power to tax or regulate commerce.
After the Constitution was signed and approved by delegates of the Constitutional Convention of 1787, it had to be ratified by the states. As determined by Article VII of the Constitution, ratification required the approval of nine special state conventions. States that did not ratify the Constitution would not be considered a part of the Union and would be separate countries.
Passage of the Constitution by the states was by no means certain in 1787. Indeed, many people at that time opposed the creation of a federal, or national, government that would have power over the states. These people were called Anti-Federalists. They included primarily farmers and tradesmen and were less likely to be a part of the wealthy elite than were members of their opposition, who called themselves Federalists. The Anti-Federalists believed that each state should have a sovereign, independent government. Their leaders included some of the most influential figures in the nation, including PATRICK HENRY and GEORGE MASON, leading national figures during the Revolutionary War period. Many Anti-Federalists were local politicians who feared losing power should the Constitution be ratified. As one member of their opposition, EDMUND RANDOLPH, said, these politicians "will not cherish the great oak which is to reduce them to paltry shrubs."
The Federalists favored the creation of a strong federal government that would more closely unite the states as one large, continental nation. They tended to come from the wealthier class of merchants and plantation owners. Federalists had been instrumental in the creation of the Constitution, arguing that it was a necessary improvement on the ARTICLES OF CONFEDERATION, the country's first attempt at unifying the states in a national political arrangement. Leaders among the Federalists included two men who helped develop the Constitution, JAMES MADISON and ALEXANDER HAMILTON, and two national heroes whose support would greatly improve the Federalists' prospects for winning, GEORGE WASHINGTON and BENJAMIN FRANKLIN.
Between September 17, 1787, the day the Constitution was signed by the Constitutional Convention, and May 29, 1790, the day Rhode Island became the thirteenth and last state to ratify the Constitution, the Federalists and Anti-Federalists engaged in a fierce national debate on the merits of the Constitution. This debate occurred in meeting halls, on streets, and on the printed page. Both sides in the argument had a considerable following. Many of the questions raised remain with us today: What is the best form of government? What rights must the government protect? Which government powers should be granted to...
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