Constitution of the United States

The Constitution of the United States is the supreme law of the United States of America. It started on March 4, 1789, replacing older rules called the Articles of Confederation. It has seven main parts and explains how the U.S. government works.

Important leaders, the Founding Fathers, wrote the Constitution at a meeting called the Constitutional Convention in Philadelphia. They wrote it between May 25 and September 17, 1787, at Independence Hall. The Constitution splits the government into three parts: the legislative part that makes laws, the executive part led by the president, and the judiciary part that handles court cases.

Since 1789, the Constitution has been changed 27 times through additions called amendments. The first ten amendments are called the Bill of Rights. They protect important freedoms. Other amendments changed rights and government rules. The Constitution of the United States is the oldest and longest-used written constitution in the world. It has inspired many other countries.

History

See also: History of the United States Constitution

For a chronological guide, see Timeline of drafting and ratification of the United States Constitution.

Background

Main article: Articles of Confederation

From September 5, 1774, to March 1, 1781, the Second Continental Congress, met in Philadelphia in what is now Independence Hall, and acted as the provisional government of the United States. The Articles of Confederation and Perpetual Union was the first constitution of the United States. It was drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and was adopted by the full Congress in mid-November of that year. Ratification by the 13 colonies took more than three years and was completed on March 1, 1781. The Articles gave little power to the central government. While the Confederation Congress had some decision-making abilities, it lacked enforcement powers.

The Articles of Confederation had problems. The government could not collect taxes or pay its debts. States did not always follow the rules. This made it hard to run the country.

In 1786, leaders met to discuss these problems. They decided to call a convention to create a new plan for government.

1787 drafting

Main articles: Constitutional Convention (United States) and James Madison as Father of the Constitution

On May 14, 1787, the convention to create a new constitution began in Philadelphia. Only a few states were there at first, but soon more joined. Twelve states sent delegates, but Rhode Island did not join.

The delegates had two main ideas for the new government:

• The Virginia Plan wanted a stronger Congress with two parts, based on how many people lived in each state.
• The New Jersey Plan wanted each state to have equal power, like under the old Articles.

After much discussion, the delegates made many compromises. They decided that Congress would have two parts: a House where states have power based on population, and a Senate where each state has equal power.

Scope of judicial power

Some delegates wanted a special group to check the laws made by Congress. This idea was changed to a president who could veto laws, which Congress could override.

Connecticut and Three-Fifths Compromise

Delegates argued about how to count people for voting. They agreed that states would have power based on population, but they also decided to count some enslaved people as part of the population, though not fully. This was called the Three-Fifths Compromise.

Drafting and signature

A group of delegates was chosen to write the new constitution. They worked from July to September 1787. On September 17, the final document was signed. Not all delegates were happy, but most agreed to accept it.

Ratification by the states

Further information: History of the United States Constitution § Ratification of the Constitution

The new Constitution was sent to the states to be approved. Some states supported it, while others had concerns. To help gain support, leaders promised to add protections for people’s rights later.

By June 1788, nine states had approved the Constitution, and it became the law of the land.

Aftermath

Federal judiciary

The first leaders of the Supreme Court had helped create the Constitution. Over time, the Court grew and changed how it worked.

Amendments

The Constitution could be changed with amendments. Some changes were made early on, like banning the importation of enslaved people and allowing Congress to collect taxes.

Influences

The U.S. Constitution was shaped by many important ideas and documents. One key influence was the Magna Carta, an old document from 1215 that helped protect people’s rights in England. The Constitution’s idea of separating powers in government came mostly from thinkers like Montesquieu and John Locke.

These thinkers, along with others like Edward Coke and William Blackstone, were often discussed when the Constitution was being written. Even famous American leaders like Thomas Jefferson looked to these ideas when they built the new government. They wanted a system that would work better than the governments they saw in Europe at the time.

Structure

The Constitution of the United States has four main parts: an introduction called the Preamble, seven Articles that explain how the government works, a closing part with signatures from people who helped create it, and 27 changes called amendments.

The Preamble starts with the famous words, "We the People," showing that the government gets its power from the people. It lists six important goals for the new government.

The closing part includes the signatures of the people who agreed to the Constitution on September 17, 1787.

Articles

Main article: List of clauses of the United States Constitution

The Constitution has seven main parts called articles. These articles explain the basic structure of the government of the United States. Even when parts have been changed by amendments, the original text is still kept, with special marks to show what no longer applies.

Article I – The Legislature

Main article: Article One of the United States Constitution

Article I talks about Congress, which makes the laws. Congress has two parts: the Senate and the House of Representatives. People elected by the people in each state serve in both parts of Congress.

Article II – The Executive

Main article: Article Two of the United States Constitution

Article II explains the job of the president of the United States. The president leads the government, makes treaties with other countries with the Senate’s approval, and makes sure the laws are followed. The president can also appoint important government workers when the Senate is not in session.

Article III – The Judiciary

Main article: Article Three of the United States Constitution

Article III is about the court system, including the Supreme Court. Federal courts have the power to decide real cases and controversies, and they must have people with a real interest in the case. These courts also protect the right to a trial by jury in criminal cases.

Article IV – The States

Main article: Article Four of the United States Constitution

Article IV describes how the states relate to each other and to the federal government. It talks about how new states can join the country, how states can change their borders, and how people can move freely between states. It also says that each state must respect the laws and court decisions of the other states.

Article V – Amendment Process

Main article: Article Five of the United States Constitution

Article V explains how the Constitution can be changed, or amended. It was written to make it possible to update the Constitution without making it too easy to change.

Article VI – Federal Powers

Main article: Article Six of the United States Constitution

Article VI states that the Constitution and all federal laws are the highest laws in the land. It also says that anyone serving in government must support the Constitution and that there will be no requirement about religion for anyone holding public office.

Article VII – Ratification

Main article: Article Seven of the United States Constitution

Article VII explains how the Constitution was put into effect. It needed to be approved by special groups in nine states before it could become the country’s main law. The other states could then join later.

Amendments

The United States Constitution can be changed through a process called amendment. To propose an amendment, two-thirds of both houses of Congress must agree, or two-thirds of state legislatures must request a national convention. After this, Congress decides if the amendment will be ratified by state legislatures or state conventions. The amendment becomes part of the Constitution once three-fourths of the states ratify it. The Constitution has twenty-seven amendments today.

The first ten amendments, added in 1791, are known as the Bill of Rights. They protect important freedoms like freedom of religion, speech, the press, assembly, and the right to petition the government. Other amendments address topics like voting rights, the process for electing senators, and limits on presidential terms. Some amendments were added after the Civil War.

Bill of Rights (1791)

First Amendment

The First Amendment protects freedoms such as freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition. It ensures people can hold any religious beliefs and practice them freely, and it stops the government from creating an official national religion.

Second Amendment

The Second Amendment protects the right of people to keep and bear arms. The government can place some limits on the manufacture, ownership, and sale of firearms or other weapons.

Third Amendment

The Third Amendment stops the government from forcing people to let soldiers stay in their homes during peacetime without their agreement.

Fourth Amendment

The Fourth Amendment protects people from unreasonable searches and seizures by government officials. This includes searches of homes, cars, or personal belongings, and seizures of items or people. It also places limits on how police can investigate crimes.

Fifth Amendment

The Fifth Amendment says that a major crime can only go to trial after a grand jury decides. It also protects people from being tried again for the same crime (double jeopardy), from being punished without due process of law, and from having to tell information that could incriminate or be used against them. It also stops the government from taking private property without paying fair price.

Sixth Amendment

The Sixth Amendment gives people accused of crimes the right to a fair, speedy, and public trial with a local and impartial jury. It also ensures the right to a legal counsel, the right to witnesses, and the right to know the charges against them.

Seventh Amendment

The Seventh Amendment gives people the right to a jury trial in federal civil cases. It stops courts from changing the facts decided by a jury in these cases.

Eighth Amendment

The Eighth Amendment stops setting bail or fines so high that only very rich people can pay. It also stops cruel and unusual punishment.

Ninth Amendment

The Ninth Amendment says that people have other important rights besides those listed in the Constitution.

Tenth Amendment

The Tenth Amendment says that the federal government can only do what the Constitution specifically allows. Any powers not listed are left to the states or the people.

Remaining amendments (1795–present)

Eleventh Amendment (1795)

The Eleventh Amendment stops federal courts from hearing cases where a state is sued by someone from another state or another country.

Twelfth Amendment (1804)

The Twelfth Amendment changes how the Electoral College chooses the president and vice president. It requires separate votes for each, and suggests the president and vice president should not be from the same state.

Reconstruction Amendments (1865–1870)

The Thirteenth Amendment ended slavery and involuntary servitude. The Fourteenth Amendment gave United States citizenship to former slaves and all people under U.S. jurisdiction, and added new limits on state power. The Fifteenth Amendment stopped using race, color, or past slavery status to decide who can vote.

Sixteenth Amendment (1913)

The Sixteenth Amendment allowed Congress to collect taxes on income without needing to divide them equally among the states.

Seventeenth Amendment (1913)

The Seventeenth Amendment changed how senators are chosen, allowing people to vote for them directly instead of having state legislatures choose them.

Prohibition Amendments (1919–1933)

The Eighteenth Amendment stopped the making, transporting, and selling of alcoholic drinks nationwide. The Twenty-first Amendment later ended this prohibition and let each state decide its own rules about alcohol.

Nineteenth Amendment (1920)

The Nineteenth Amendment stopped the government from denying women the right to vote on the same terms as men.

Twentieth Amendment (1933)

The Twentieth Amendment changed when new presidents, vice presidents, and Congress members start their jobs, moving the date earlier to reduce the time between elections and the new term beginning.

Twenty-second Amendment (1951)

The Twenty-second Amendment limits a president to two terms in office, or eight years total.

Twenty-third Amendment (1961)

The Twenty-third Amendment gave citizens living in the District of Columbia the right to vote in presidential elections by giving the District electors in the Electoral College.

Twenty-fourth Amendment (1964)

The Twenty-fourth Amendment stopped requiring people to pay a poll tax to vote.

Twenty-fifth Amendment (1967)

The Twenty-fifth Amendment explains what happens if the president dies, leaves office, or becomes unable to do their job. It also explains how a new vice president is chosen if needed.

Twenty-sixth Amendment (1971)

The Twenty-sixth Amendment stopped the government from denying the right to vote to United States citizens who are eighteen years old or older because of their age.

Twenty-seventh Amendment (1992)

The Twenty-seventh Amendment stops members of Congress from giving themselves pay raises during the current term. Any pay raises must wait until the next term.

Unratified amendments

Members of the House and Senate often suggest around 150 amendments every two years, but most never move past the early stages. Six amendments approved by Congress have not been ratified by enough states to become part of the Constitution.

Pending

• The Congressional Apportionment Amendment (proposed 1789) would set a formula for deciding the number of representatives each state gets in the House after each ten-year census.
• The Titles of Nobility Amendment (proposed 1810) would take away United States citizenship from anyone who accepts a noble title from another country.
• The Corwin Amendment (proposed 1861) would stop Congress and the states from changing laws about domestic institutions like slavery.
• The Child Labor Amendment (proposed 1924) would let Congress make laws about work for people under eighteen.

Expired

• The Equal Rights Amendment (proposed 1972) would stop the government from treating people unfairly based on gender. It did not get enough states to approve it before the time limit ran out.
• The District of Columbia Voting Rights Amendment (proposed 1978) would have given the District of Columbia full voting rights in Congress. It also did not get enough states to approve it before the time limit ran out.

Judicial review

Courts created by the Constitution can check the actions of government leaders and laws to make sure they follow the Constitution. This is the highest law in the country. These courts can decide if actions by government leaders or laws made by states go against the Constitution.

The main idea is that the Constitution is the most important law and can only be changed through a special process. All parts of the government have powers listed in the Constitution, and courts make sure these powers are used correctly. Courts can stop any law or action that does not follow the Constitution. They base their decisions on the Constitution and past court rulings.

In anthropology and sociology

Main article: American civil religion

Some people think that important papers like the Constitution, the Declaration of Independence, and the Bill of Rights are very special to many Americans. These papers are like important parts of a shared belief for some, helping to bring together people from many different backgrounds in the United States.

Worldwide influence

Main article: Worldwide influence of the Constitution of the United States

The Constitution of the United States has inspired many other countries. Its ideas about fair laws, separating government powers, and protecting people’s rights have been used around the world. Leaders like Abraham Lincoln in the United States, Benito Juárez in Mexico, José Rizal in the Philippines, and Sun Yat-sen in China looked to America’s constitution when they were building their own nations. The writers of Australia’s constitution also used some of the same ideas.

Criticism

Further information: History of the United States Constitution § Criticism of the Constitution

The United States Constitution has had many criticisms since it was written in 1787.

At first, the Constitution did not clearly say who could vote. Each state made its own rules. In the early days, most states only let white men who owned property vote. New Jersey was different, letting women vote under the same rules as men. Changes were made after the American Civil War between 1865 and 1870 to end slavery and give rights to former slaves. But even after that, women still could not vote everywhere. It was not until 1920, with the Nineteenth Amendment, that the Constitution said no one could be denied the right to vote because of their sex.

A study from 2012 found that the U.S. Constitution lists fewer rights protections than many other countries. It also includes the right to keep and bear arms, which few other nations share. Some experts think the Constitution is very hard to change, which they believe has kept some old rules in place.

Commemorations

In 1937, the U.S. Post Office, encouraged by President Franklin Delano Roosevelt, released a special stamp to honor the 150th anniversary of the signing of the U.S. Constitution. The stamp showed a painting of delegates signing the Constitution from 1787. The next year, another stamp celebrated the 150th anniversary of the Constitution's ratification. Later, in 1987, the U.S. Mint made special commemorative coins to mark the 200th anniversary of the Constitution's signing.