Constitution of the United States

On the 1st of March 1781, the Articles of Confederation officially became the first constitution of the United States. This document gave little power to the central government while leaving most authority with individual states. Delegates to the Second Continental Congress had drafted it in mid-June 1777 and adopted it by November that same year. Ratification took over three years to complete across all thirteen colonies. The chief problem facing this new nation was a lack of money. George Washington described the situation as having no funds available for essential operations. The Confederated Congress could print currency but it held no value. It could borrow money yet lacked the ability to repay debts owed to foreign governments. No state paid its share of taxes to support the national government. Some states paid nothing at all toward these obligations. By 1786, the United States faced default on outstanding debts. Most troops in the nation's 625-man army were deployed facing non-threatening British forts on American soil. Soldiers went unpaid and some threatened mutiny. Spain closed New Orleans to American commerce despite protests from U.S. officials. Barbary pirates began seizing American ships of commerce without any Treasury funds to pay ransoms. If a military crisis required action, Congress possessed no credit or taxing power to finance a response. Domestically, the Articles failed to bring unity among diverse sentiments and interests of various states. Individual state legislatures independently laid embargoes and negotiated directly with foreign authorities. They raised armies and made war while violating both letter and spirit of the Articles. In September 1786, during an inter-state Annapolis convention, James Madison questioned whether the Articles constituted a binding compact or even a viable government. Connecticut paid nothing and positively refused to pay U.S. assessments for two years. A rumor circulated that seditious New York legislators had opened conversations with the Viceroy of Canada. To the south, British forces openly funded Creek Indian raids on Georgia while the state remained under martial law. During Shays' Rebellion between August 1786 and June 1787, Congress could provide no money to support Massachusetts. General Benjamin Lincoln had to raise funds from Boston merchants to pay for a volunteer army. The Congress of Confederation had virtually ceased trying to govern. The vision of a respectable nation among nations seemed fading in eyes of revolutionaries like George Washington, Benjamin Franklin, and Rufus King.

When did the Articles of Confederation officially become the first constitution of the United States?

What date was the Constitution signed by delegates at Independence Hall in Philadelphia?

Delegates signed the original United States Constitution on the 17th of September 1787. The document was submitted to Congress three days later and eventually ratified by nine states by the 21st of June 1788.

How many amendments are currently part of the United States Constitution as of today?

The United States Constitution has twenty-seven amendments structurally. The original text prior to these amendments remains untouched since precedent set 1789 Congress considered proposed first several Constitutional amendments.

Which Supreme Court case established the principle of judicial review for the United States Constitution?

Marbury v Madison 1803 Chief Justice John Marshall established the principle of judicial review allowing courts declare laws unconstitutional if they conflict with the Constitution. This decision solidified the Supreme Court's role as final interpreter of constitutional meaning.

Who were the primary Enlightenment philosophers that influenced the framers of the United States Constitution?

Eighteenth-century Enlightenment philosophers Montesquieu John Locke Edward Coke William Blackstone James Madison Benjamin Franklin Thomas Jefferson and David Hume greatly influenced the framers. These thinkers provided ideas regarding separation powers consent governed and natural rights that shaped the Constitution.

Convention Debates And Compromises

On the 25th of May 1787, a quorum of seven states met at Independence Hall in Philadelphia to begin deliberations. Only Virginia and Pennsylvania delegations were present on May 14 when the convention was originally scheduled to open. Eventually twelve states were represented though Rhode Island refused to participate entirely. Of seventy-four delegates appointed by states, fifty-five actually attended the proceedings. Two plans for structuring federal government arose shortly after the convention's outset. The first proposal introduced by Virginia delegates became known as the Virginia Plan or Large State Plan. It called for bicameral Congress elected on proportional basis based on state population. An elected chief executive and appointed judicial branch also formed part of this plan. Generally favoring most highly populated states, it used philosophy of John Locke to rely on consent of governed. Montesquieu influenced divided government concepts while Edward Coke emphasized civil liberties. Alternative to Virginia Plan became known as New Jersey Plan which retained unicameral Congress structure from Articles. All states received one vote regardless of population size under this alternative framework. This position reflected belief that states remained independent entities entering United States freely and individually. On the 19th of June 1787, delegates rejected New Jersey Plan with three states voting in favor and seven against. The plan's defeat led to series of compromises centering primarily on slavery and proportional representation. From July 2 to 16, Committee of Eleven worked out compromise on issue of representation in federal legislature. Their report became known as Connecticut Compromise or Great Compromise. Proportional representation applied to seats in House of Representatives based on population. Equal representation for each state appeared in Senate where legislators generally chose respective senators. All money bills would originate in House according to committee recommendations. Issue of slavery pitted Northern states slowly abolishing slavery against Southern states whose agricultural economies depended on slave labor. Delegates agreed to protect slave trade for twenty years to satisfy interests in South. Three-Fifths Compromise allowed states to count three-fifths of slaves as part populations for purpose of representation. Escaped slaves had to be returned to owners even if captured in states where slavery abolished. Further compromises made on presidential term powers and method selection plus jurisdiction federal judiciary. While these compromises held Union together aided Constitution ratification, slavery continued eight more decades. Less populous states continue having disproportional representation in U.S. Senate and Electoral College today.

Structure Of Seven Articles

The original United States Constitution included four sections: an introductory paragraph titled Preamble, list of seven Articles defining government framework, untitled closing endorsement with signatures of thirty-nine framers, and twenty-seven amendments adopted under Article V. Opening words We the People represented new thought idea that people not states were source government legitimacy. Coined by Gouverneur Morris of Pennsylvania who chaired convention Committee of Style phrase considered improvement over section's original draft following words We the People with list thirteen states. In place names of states Morris substituted of United States then listed Constitution six goals none mentioned originally. Article One describes Congress legislative branch comprising both Senate House Representatives. Members subject age citizenship state residency requirements elected by people state. Section 3 Clause 1 provides equal representation states Senate. Section 8 enumerates powers delegated legislature including broad provisions General Welfare Clause also known Taxing Spending Clause Commerce Clause Necessary Proper Clause. Section 9 lists eight specific limits congressional power. McCulloch v Maryland case 1819 Supreme Court read Necessary Proper Clause permit federal government take action enable perform high duties assigned Constitution manner most beneficial people even if action itself not within enumerated powers. Section 9 Clause 1 prevents Congress passing law restricting importation slaves into United States prior 1808. Clause 4 holds direct taxes must apportioned according state populations. Article Two describes office qualifications duties president vice president modified Twelfth Amendment regulating presidential elections Twenty-Fifth Amendment relating office succession. President head executive branch nation's head state head government Commander-in-Chief United States Armed Forces state militias mobilized. President makes treaties advice consent Senate administers federal government commissions offices federal government as Congress directs requires opinions principal officers make recess appointments vacancies happen during recess Senate ensures laws faithfully executed grant reprieves pardons exception Congressional impeachment reports Congress State Union recommends necessary expedient national measures convenes adjourns Congress special circumstances. Section Four provides removal president other federal officers removed impeachment conviction treason bribery other high crimes misdemeanors. Article Three describes court system including Supreme Court vests judicial power United States federal courts authority interpret apply law particular cases. Implied powers under Article Three include enforcement judicial decisions through criminal contempt civil contempt powers injunctive relief habeas corpus remedy ability imprison contumacy bad-faith litigation failure obey writ mandamus. Clause One Section Two known Case Controversy Clause authorizes federal courts hear actual cases controversies only. Judicial power does not extend cases hypothetical proscribed due standing mootness ripeness issues. Generally case controversy requires presence adverse parties interest genuinely stake case. Section Two protects right trial jury all criminal cases. Section Three bars Congress changing modifying Federal law treason simple majority defines treason overt act making war materially helping those war United States. Article Four outlines relations among states between each state federal government. Provides matters admitting new states border changes states extradition states laying legal basis freedom movement travel among states. Full Faith Credit Clause requires states recognize public acts records court proceedings other states. Congress permitted regulate manner proof such acts admitted privileges immunities clause prohibits state governments discriminating citizens other states favor resident citizens instance criminal sentencing state may increase penalty grounds convicted person non-resident. Territorial Clause gives Congress power make rules disposing federal property governing non-state territories United States. Finally fourth section Article Four requires United States guarantee each state republican form government protect them invasion violence. Article Five outlines process amending Constitution Articles Confederation provided amendments proposed Congress ratified unanimous vote thirteen state legislatures proved major flaw Articles created insurmountable obstacle constitutional reform. Amendment process crafted Philadelphia Constitutional Convention according Federalist No 43 designed establish balance pliancy rigidity. Article Six establishes Constitution federal laws treaties made accordance supremacy over state laws judges every state bound thereby anything laws constitutions any state notwithstanding validates national debt created Articles Confederation requires federal state legislators officers judges take oaths affirmations support Constitution means states constitutions laws should not conflict laws federal constitution case conflict state judges legally bound honor federal laws constitution over those any state. Article Six also states no religious Test shall ever required Qualification Office public Trust under United States. Article Seven describes process establishing proposed new frame government anticipating influence many state politicians Antifederalist delegates Philadelphia Convention provided ratification Constitution popularly elected ratifying conventions each state convention method also made possible judges ministers others ineligible serve state legislatures elected convention Suspecting Rhode Island at least might not ratify delegates decided Constitution go effect soon nine states two-thirds rounded up ratified remaining four states join newly formed union ratifying.

Ratification Battles And Early Government

Within three days signing the 17th of September 1787, Constitution submitted Congress Confederation then sitting New York City nation temporary capital. Document originally intended revision Articles Confederation instead introduced completely new form government. While members Congress power reject voted unanimously September 28 forward proposal thirteen states ratification. Under process outlined Article VII proposed Constitution state legislatures tasked organizing Federal Conventions ratify document. This process ignored amendment provision Articles Confederation requiring unanimous approval all states. Instead Article VII called ratification just nine thirteen states, a two-thirds majority. Two factions emerged supporting Constitution Federalists opposing so-called Anti-Federalists. Over ensuing months proposal debated criticized expounded clause clause. State New York hotbed anti-Federalism three delegates Philadelphia Convention members Congress Hamilton Madison Jay published series commentaries now known Federalist Papers support ratification. Before year end three state legislatures voted favor ratification Delaware first voting unanimously thirty-zero Pennsylvania second approving measure forty-six twenty-three New Jersey third recording unanimous vote. As 1788 began Connecticut Georgia followed Delaware lead almost unanimous votes outcome became less certain leaders key states Virginia New York Massachusetts expressed concerns lack protections people rights. Fearing prospect defeat Federalists relented promising if Constitution adopted amendments added secure individual liberties. With that anti-Federalists position collapsed the 21st of June 1788 New Hampshire ninth state ratify. Three months later September 17 Congress Confederation certified ratification eleven states passed resolutions setting dates choosing first senators representatives first Wednesday January January seven 1789 electing first president first Wednesday February February four officially starting new government first Wednesday March March four when first Congress convene New York City. As final act Congress Confederation agreed acquire hundred square miles land Maryland Virginia establishing permanent capital North Carolina waited ratify Constitution Bill Rights passed new Congress Rhode Island ratification only come threatened trade embargo.

Evolution Through Amendments

The Constitution has twenty-seven amendments structurally original text prior amendments remain untouched precedent set 1789 Congress considered proposed first several Constitutional amendments. Among these Amendments one through ten collectively known Bill Rights Amendments thirteen fifteen known Reconstruction Amendments excluding Twenty-seventh Amendment pending before states longest pending amendment successfully ratified Twenty-second Amendment took time average ratification time first twenty-six amendments year two hundred fifty-two days all twenty-seven nine years forty-eight days. First ten Amendments introduced referred Bill Rights consists ten amendments added Constitution 1791 supporters Constitution promised critics during debates 1788. First Amendment prohibits Congress obstructing exercise certain individual freedoms freedom religion freedom speech freedom press freedom assembly right petition Free Exercise Clause guarantees person's right hold whatever religious beliefs want freely exercise belief Establishment Clause prevents federal government creating official national church favoring one set religious beliefs over another. Second Amendment protects right individuals keep bear arms Supreme Court ruled right applies individuals not merely collective militias held government may regulate place some limits manufacture ownership sale firearms other weapons requested several states constitutional ratification debates amendment followed efforts British confiscate colonists' firearms outbreak Revolutionary War Patrick Henry rhetorically asked States stronger when totally disarmed British Guard stationed every house? Third Amendment prohibits federal government forcing individuals provide lodging soldiers homes peacetime without consent requested several states constitutional ratification debates amendment reflected lingering resentment Quartering Acts passed British Parliament Revolutionary War allowed British soldiers take private homes own use. Fourth Amendment protects people unreasonable searches seizures self property government officials search mean everything frisking police officer demand blood test search individual home car seizure occurs government takes control individual something possession individual Items seized often used evidence when individual charged crime imposes certain limitations police investigating crime prevents use illegally obtained evidence trial. Fifth Amendment establishes requirement trial major crime commence only indictment handed grand jury protects individuals double jeopardy prohibits punishment due process law provides accused person compelled reveal police prosecutor judge jury any information incriminate used against him court law Additionally Fifth Amendment prohibits government taking private property public use just compensation basis eminent domain United States. Sixth Amendment provides several protections rights individual accused crime accused fair speedy public trial local impartial jury protects defendants secret proceedings encourage abuse justice system enshrines right legal counsel accused crime guarantees accused require witnesses attend trial testify presence accused guarantees accused right know charges against them 1966 Supreme Court ruled Fifth Amendment requires Miranda warning. Seventh Amendment extends right jury trial federal civil cases inhibits courts overturning jury findings fact although Seventh Amendment itself says limited suits common law meaning cases triggered right jury under English law amendment found apply lawsuits similar old common law cases example right jury trial applies cases brought federal statutes prohibit race gender discrimination housing employment. This amendment guarantees right jury trial only federal court not state court. Eighth Amendment protects people bail fines set amount impossible richest defendants pay also protects people subjected cruel unusual punishment originally intended outlaw certain gruesome methods punishment broadened years protect punishments grossly disproportionate too harsh particular crime provision challenged prison conditions extremely unsanitary cells overcrowding insufficient medical care deliberate failure officials protect inmates one another. Ninth Amendment declares individuals fundamental rights addition stated Constitution During Constitutional ratification debates Anti-Federalists argued Bill Rights added Federalists opposed grounds list necessarily incomplete taken explicit exhaustive thus enlarging power federal government implication Anti-Federalists persisted several state ratification conventions refused ratify Constitution without more specific list First Congress added became Ninth Amendment compromise Because rights protected Ninth Amendment specified referred unenumerated Supreme Court found unenumerated rights include important rights travel vote privacy make important decisions health care body. Tenth Amendment 1791 included Bill Rights further define balance power between federal government states amendment states federal government powers specifically granted Constitution powers include declare war collect taxes regulate interstate business activities others listed articles subsequent constitutional amendments Any power not listed says Tenth Amendment left states people While there no specific list reserved powers may be Supreme Court ruled laws affecting family relations commerce within state borders abortion local law enforcement activities among those specifically reserved states people.

Intellectual Influences And Philosophy

The United States Constitution greatly influenced study Magna Carta other federations ancient extant Due Process Clause partly based common law Magna Carta 1215 foundation English liberty against arbitrary power wielded ruler Idea Separation Powers inherent Constitution largely inspired eighteenth-century Enlightenment philosophers Montesquieu John Locke influence Montesquieu Locke Edward Coke William Blackstone evident Constitutional Convention Prior signing Constitution Blackstone Hume Locke Montesquieu political philosophers frequently referred James Madison example made frequent reference Blackstone Locke Montesquieu prominent political theorists late eighteenth century While ideas unalienable rights separation powers structure Constitution largely influenced European Enlightenment thinkers like Montesquieu John Locke Benjamin Franklin Thomas Jefferson reservations existing forms government Europe Franklin stated We gone back ancient history models Government examined different forms Republics viewed modern States round Europe find none Constitutions suitable circumstances Jefferson maintained most European governments autocratic monarchies compatible egalitarian character American people. Historian Jack P. Greene maintains 1776 founders drew heavily Magna Carta later writings Enlightenment rationalism English common law Institutes Lawes England Coke interpreted Magna Carta protections rights apply nobles British subjects writing Virginia Charter 1606 enabled King Parliament give born colonies rights liberties born England William Blackstone Commentaries Laws England considered influential books law new republic English Bill Rights 1689 inspiration American Bill Rights require jury trials contain right keep bear arms prohibit excessive bail forbid cruel unusual punishments Many liberties protected state constitutions Virginia Declaration Rights incorporated Bill of Rights Upon arrival American Revolution many rights guaranteed Federal Bill Rights recognized inspired English law substantial body thought developed literature republicanism United States typically demonstrated works John Adams often quoted Blackstone Montesquieu verbatim applied creation state constitutions. Historian Herbert W. Schneider held Scottish Enlightenment probably potent single tradition American Enlightenment advancement personal liberties Daniel Walker Howe notes Benjamin Franklin greatly admired David Hume eighteenth-century Scottish philosopher studied many works Edinburgh 1760 Both embraced idea high-ranking public officials receive salary Werner 1972 p 448 lower class better judge character choosing representatives Greene 1994 pp 182 187 272 Following Glorious Revolution 1688 British political philosopher John Locke major influence Mack 2009 p 10 expanding contract theory government advanced Thomas Hobbes contemporary Pollock 1908 p 109 Locke advanced principle consent governed Two Treatises Government Government duty social contract sovereign people serve people protecting rights life liberty property Laslett 1960 pp 20, 21 34 47 67, 69 305 Montesquieu influence framers evident Madison Federalist No 47 Hamilton Federalist No 78 Thomas Jefferson Adams Mason known read Montesquieu Montesquieu emphasized need balanced forces pushing prevent tyranny reflecting influence Polybius second century BC treatise checks balances Roman Republic Spirit Law Montesquieu maintained separation state powers service people's liberty legislative executive judicial Callahan 2014 pp 589 592 599 Montesquieu Rousseau ed 1955 [1748] pp 29 34 while emphasizing idea separation purpose even distribution authority several branches government Montesquieu Rousseau ed 1955 [1748] p 235 Supreme Court Justices ultimate interpreters constitution cited Montesquieu throughout Court history See e.g. Iroquois American Indian history scholars Donald Grinde Bruce Johansen claim overwhelming evidence Iroquois Confederacy political concepts ideas influenced U.S Constitution considered most outspoken supporters Iroquois thesis Levy 1996 p 587 Idea extent influence founding varies historians questioned criticized various historians including Samuel Payne Payne 1996 pp 605, 620 William Starna George Hamell Starna Hamell 1996 pp 427, 452 historian archaeologist Philip Levy claims evidence largely coincidental circumstantial Levy 1996 pp 588, 604 Most outspoken critic anthropologist Elisabeth Tooker claimed Iroquois influence thesis product white interpretations Indians scholarly misapprehension Tooker 1988 p 327 John Napoleon Brinton Hewitt born Tuscarora Indian Reservation ethnologist Smithsonian Institution Bureau Ethnology often cited historians Iroquois history Hewitt rejected idea Iroquois League major influence Albany Plan Union Benjamin Franklin plan create unified government Thirteen Colonies rejected.

Judicial Review And Interpretation

Courts established Constitution regulate government under Constitution supreme law land First jurisdiction actions officer government state law Second federal courts rule coordinate branches national government conform Constitution Until twentieth century Supreme Court United States only high tribunal world use court constitutional interpretation fundamental law others generally depending national legislature Basic theory American judicial review summarized constitutional legal scholars historians written Constitution fundamental law states change extraordinary legislative process national proposal then state ratification powers departments limited enumerated grants found Constitution Courts expected enforce provisions Constitution supreme law land refuse enforce anything conflict Judicial review relies jurisdictional authority Article Three Supremacy Clause. Case law Barron v Baltimore 1833 When John Marshall followed Oliver Ellsworth chief justice Supreme Court 1801 federal judiciary established Judiciary Act few cases Review state legislation appeals state supreme courts understood But Court jurisdiction over state legislation limited Marshall Court landmark Barron v Baltimore held Bill Rights restricted federal government not states Marbury v Madison 1803 In case Marbury v Madison Chief Justice John Marshall established principle judicial review allowing courts declare laws unconstitutional if they conflict with the Constitution. This decision solidified the Supreme Court's role as final interpreter of constitutional meaning. Subsequent cases like McCulloch v Maryland expanded congressional power through Necessary and Proper Clause interpretation. Chisholm v Georgia overturned Eleventh Amendment establishing sovereign immunity for states against suits by citizens from other states. Dred Scott v Sandford 1857 declared African Americans could not be citizens later reversed Fourteenth Amendment granting citizenship former slaves. Pollock v Farmers Loan Trust Co 1895 struck down unapportioned federal income tax before Sixteenth Amendment authorized such taxation. Oregon v Mitchell 1970 involved voting age disputes leading to Twenty-sixth Amendment lowering voting age to eighteen. These rulings demonstrate how judicial review shapes constitutional understanding while respecting original framework.