Government
Constitution
The Constitution of the United States is the basis for the machinery
and institutions of the U.S. government. The Constitution is the
world’s oldest charter of national government in continuous use. It
was written in 1787 during the Constitutional Convention, which had
been convened in the midst of the political crisis that followed the
American Revolution. At that time relations were tense between the
states and the acting central government, the Continental Congress.
The Constitution was an effort to ease those tensions and to create a
single political entity from the 13 independent former colonies—the
ideal expressed in the motto of the United States, E Pluribus Unum
(From Many, One). In 1788, after nine states ratified it, the
Constitution became the law of the land. With 27 amendments—or
additions—it has remained so.
Articles I, II, and III
To implement these abstract ideas, the
Founders established three branches of government—the executive, the
legislative, and the judicial. The functions of these branches are
described in the first three articles of the Constitution.
Article I is the
longest article in the Constitution; it establishes the national
legislature called Congress. The Founders divided Congress into a
Senate and a House of Representatives because they were afraid of
placing too much authority in any one institution. Among other powers,
Congress collects taxes, provides for the common defense (meaning that
the federal government, not just the states, provides resources for
the protection and security of the United States), regulates commerce,
raises armies, and declares war. In addition, Article I contains the
“necessary and proper clause,” which authorizes Congress to pass any
law that it thinks is necessary to carry out its constitutional
duties. This provision is very important because it allows Congress to
react to situations that may not have existed when the Constitution
was written.
Article II
establishes an executive department headed by a president and vice
president. The article further describes the powers of the offices,
the manner of election, and the qualifications for office. Of special
significance is the president’s constitutional role as commander of
the nation’s armed forces, which assures civilian control over the
military. Because the president is the head of the armed forces and
only Congress can declare war, the authority of the military is
diffused and its power to make decisions is restrained. The
Constitution also grants the president the authority to make treaties
with other nations. However, to limit abuse of this power, the
Constitution requires treaties to be ratified by two-thirds of the
Senate.
Article III directs
that the federal judicial power be placed in a Supreme Court and in
other courts as directed by Congress. This brief article also lists
the kinds of cases that fall specifically under the jurisdiction of
the federal courts.
Articles IV, V, VI, and VII
Along with the preamble, the first
three articles are the most familiar parts of the Constitution. There
are, however, four additional articles. Article IV sets up cooperative
arrangements between the states and the federal government regarding
fugitives and criminals, and requires that states respect one other
and one other’s citizens. It also establishes the process by which
territories become states, an important function during the 19th and
early 20th centuries. Finally, Article IV guarantees a republican—or
representative—form of government for all states.
Article V
establishes procedures for amending the Constitution. The Founders
developed a method for changing the Constitution so that it could be
adapted to changing times. To maintain a balance between the power of
the federal government and that of the state governments, the
amendment process requires approval by majorities of legislative
bodies at both the state and federal levels. Only a two-thirds
majority of both houses of Congress can propose a constitutional
revision; the legislatures of three-quarters of the states must then
ratify the amendment for it to take effect. The Constitution also
provides another amendment method, though it has never been used: The
legislatures of two-thirds of the states can call a constitutional
convention to propose amendments to the Constitution. Any proposal
agreed upon must then be ratified by three-quarters of the states.
Article VI is a
catchall article; its most important section establishes the
Constitution and the laws of the United States as “the supreme Law of
the Land.” Article VII of the Constitution establishes procedures that
were used in 1788 and 1789 for the approval and subsequent adoption of
the document by the states.
Amendments
No sooner was the Constitution accepted
than both individuals and states insisted on additions to protect the
people from possible abuses by the new federal government. In 1790
Congress and the states ratified ten amendments known as the Bill of
Rights. These amendments guarantee personal liberties and prevent the
federal government from infringing on the rights of states and
citizens.
For example, the
First Amendment—the most far-reaching amendment in the Bill of
Rights—prohibits Congress from establishing an official state religion
and from preventing Americans from the free exercise of their
religion. It also prohibits the government from interfering with
freedom of speech, freedom of the press, and the right “peaceably to
assemble.” Other amendments in the Bill of Rights confer on the people
the right to speedy trials, to be secure in their homes, and to own
and carry arms. The Fifth Amendment states that people cannot be
deprived of life, liberty, or property “without due process of
law”—that is, without a fair trial.
Besides the Bill of
Rights, there have been only 17 other amendments to the Constitution
in the more than 200 years of its existence. Of these, some of the
most important are the 15th, 19th, and 26th amendments, which,
respectively, gave blacks, women, and 18-year-olds the right to vote.
Also important are the 17th Amendment, which gave the people the right
to elect United States senators, and the 22nd Amendment, which
restricted the number of terms a president can serve to two. These
amendments extended the principles of democracy to more Americans, and
in the case of the president, limited the power of a chief executive
by restricting the length of his or her tenure. Besides these
amendments, the 14th Amendment is an important safeguard for minority
rights because under its “due process” clause, it extends the
protections of the Bill of Rights to individual residents of states.
In the same way that the Bill of Rights limits federal power, the 14th
Amendment limits the power of the states over their citizens.
Importance of the Constitution
The Constitution of the United States
embodies the principle that out of many different peoples, one
national society can be created. The Founders wanted unity and
stability. But they also wanted to safeguard the rights and liberties
of states and individuals by balancing power among individuals,
states, and the national government. The result is a system of shared
functions designed to prevent any one element from gaining too much
power.