Constitution of United States of America

The Constitution of the United States is the oldest national constitution that’s still in use. The idea of founding a government on the basis of a written constitution was revolutionary when the US Constitution was drafted in 1787. The idea had two novel components: first, the document both establishes and limits the power of the government—no figurehead, ruler, or body of legislators stands above the Constitution. Second, it was written by representatives of the governed—55 delegates from the various states—in a convention called for that purpose and then ratified by assemblies of citizens.

The Constitution establishes the architecture of the US federal government, and it describes the powers delegated to its various parts. It also guarantees civil liberties and outlines the guiding principles of the state. The US Constitution established a democratic republic with three branches of government coordinated in a system of checks and balances. It became the nation’s highest law upon its ratification.

This guide uses the transcript of the Constitution available on the National Archives website.

Summary

The Constitution has seven parts called “articles.” The first three articles establish three branches of government: the executive, legislative, and judicial branches. The text of the articles outlines their responsibilities and the limitations on their powers. The document then describes relations among states, the relationship between the federal government and the states, and the rights of individual citizens and their role in the republic. It describes the process for amending the Constitution. Finally, the Constitution is declared the supreme law of the land that regulates civil liberties and constrains the government from violating individual freedoms.

The Constitution provides insight into the Framers’ thinking about the meaning of government and how to avoid tyranny while guaranteeing liberty. It also shows their concerns about issues like how representation should be determined, the problem of slavery, and the balance of power between the states and the federal government.

The first article says that all law-making powers will be given to a bicameral legislature of elected office holders called the Congress of the United States. “Bicameral” means having two houses. The US Congress will be comprised of a House of Representatives, whose members are directly elected by the people, and a Senate, whose members are chosen by state legislatures. Each body has the freedom to propose, debate, and make policy. The Congress is entrusted with broad powers of state: to regulate commerce, whether international or domestic; declare war and to decide on the size, nature, and funding of the army and navy; to establish rules for immigration; to coin money, borrow money, etc.; and regulate such necessary things for the people as a postal service, copyright laws, and so on.

The second article establishes an executive—the president—who is tasked with being the commander-in-chief of the army and navy (thus putting a civilian in charge of the military). He is given powers to form international relations, as by making treaties and sending ambassadors, but these decisions need to be approved by the Senate. In turn, the president gives final approval, or a veto, to the legislation that Congress produces. The third article establishes the judiciary, the Supreme Court.

The Constitution conceives of the legislature as the primary body through which the people govern in a republic. (Article 4 defines the United States as such.) The powers of the legislature are balanced with and checked by the executive—through veto power, for example—and by the judiciary.

The Constitution enshrines certain protections for individuals who are accused of crimes. In this way, the judiciary’s power is bounded by constitutional law.

Moreover, the Framers used the Constitution to ensure that states would not act like independent nations and ensure the Union was a federal republic. The Constitution prohibits states from independently collecting import dues, minting currency, making their own treaties with foreign powers, or bestowing titles of nobility.

The Framers also crafted a process by which the Constitution can be amended, briefly described in Article 5. Article 6 says that the United States Constitution shall be the “supreme Law of the Land.” This means that no judge within a state, and no laws passed within states, can contradict it.

Finally, in the last article, the Framers outline the process by which the Constitution will be ratified: not unanimously, but by the approval of at least nine of the 13 states in existence at the time of its writing.