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THE AMERICAN CONSTITUTION

The United States Constitution is the highest law in the nation. It is the set of
rules that Americans live by.

The Constitution of the United States established America’s national government


and fundamental laws, and guaranteed certain basic rights for its citizens.

It was signed on September 17, 1787, by delegates to the Constitutional


Convention in Philadelphia. Under America’s first governing document, the
Articles of Confederation, the national government was weak and states
operated like independent countries. At the 1787 convention, delegates devised
a plan for a stronger federal government with three branches—executive,
legislative and judicial—along with a system of checks and balances to ensure no
single branch would have too much power.

The Preamble to the U.S. Constitution


The Preamble outlines the Constitution's purpose and guiding principles. It
reads:

"We the People of the United States, in Order to form a more perfect Union,
establish Justice, insure domestic Tranquility, provide for the common defense,
promote the general Welfare, and secure the Blessings of Liberty to ourselves
and our Posterity, do ordain and establish this Constitution for the United States
of America."
The Bill of Rights were 10 amendments guaranteeing basic individual
protections, such as freedom of speech and religion, that became part of the
Constitution in 1791. To date, there are 27 constitutional amendments.

America’s first constitution, the Articles of Confederation, was ratified in 1781, a


time when the nation was a loose confederation of states, each operating like
independent countries.

The Articles of Confederation gave Congress the power to govern foreign affairs,
conduct war and regulate currency; however, in reality these powers were
sharply limited because Congress had no authority to enforce its requests to the
states for money or troops.

Soon after America won its independence from Great Britain with its 1783
victory in the American Revolution, it became increasingly evident that the
young republic needed a stronger central government in order to remain stable.

Forming a More Perfect Union


On May 25, 1787, the Constitutional Convention opened in Philadelphia at the
Pennsylvania State House, now known as Independence Hall, where the
Declaration of Independence had been adopted 11 years earlier. There were 55
delegates in attendance, representing all 13 states except Rhode Island, which
refused to send representatives because it did not want a powerful central
government interfering in its economic business. George Washington, who’d
become a national hero after leading the Continental Army to victory during the
American Revolution, was selected as president of the convention by unanimous
vote.

The delegates (who also became known as the “framers” of the Constitution)
were a well-educated group that included merchants, farmers, bankers and
lawyers. Many had served in the Continental Army, colonial legislatures or the
Continental Congress (known as the Congress of the Confederation as of 1781).
In terms of religious affiliation, most were Protestants. Eight delegates were
signers of the Declaration of Independence, while six had signed the Articles of
Confederation.

At age 81, Pennsylvania’s Benjamin Franklin (1706-90) was the oldest delegate,
while the majority of the delegates were in their 30s and 40s. Political leaders
not in attendance at the convention included Thomas Jefferson (1743-1826) and
John Adams (1735-1826), who were serving as U.S. ambassadors in Europe.
The Bill of Rights

The Constitution of the United States was written in 1787, but the government it
created couldn’t rule over people’s lives until one more step was taken. Each
state had to vote to ratify, or approve of it.

By 1789, eleven states had ratified the new government. Their votes were
enough to put the Constitution into effect. Two states, however, refused to sign
it– North Carolina and Rhode Island. Critics in these states objected that a Bill of
Rights had not been included. They worried that without a Bill of Rights the
government might eventually become too strong. It might be unjust and put
people in jail without a reason. It might take away a person’s ability to speak
freely, or keep some books from being written. They wanted people’s rights
spelled out so the government could never take them away.

The “founding fathers,” who created the Constitution, knew the document would
have to be flexible in order to survive over time. They knew they would have to
allow amendments. In their first session of Congress in 1789, they agreed to add
a Bill of Rights. James Madison led the way. Of the 19 amendments he
suggested, 10 were eventually ratified by the states. They were made a
permanent addition to the Constitution. These first 10 amendments are known
as the Bill of Rights.

The Bill of Rights became part of the Constitution on December 15, 1791. Some
rights, such as freedom of speech and the press, support democracy. Others,
such as the right to a trial by jury, are important for justice. The ideas for these
rights are very old. They date back to ancient Greek and Roman civilizations.
Without them, we wouldn’t enjoy the freedom we do as a nation today.

The founding fathers believed people are born with certain inalienable rights.
These are rights we are born with that no one can take away. To protect these
rights, they created 10 amendments to the Constitution known as the Bill of
Rights. The first 8 amendments cover fundamental rights and freedoms of
every citizen. The 9th Amendment forbids the government to limit freedoms and
rights not covered in the Constitution. The 10th Amendment limits the power of
the federal government to the Constitution.

The Bill of Rights includes some of the most basic freedoms and rights that we
think of today in the United States. These are a few of the key ideas in each
amendment:

● First Amendment: freedom of religion, freedom of speech, freedom of the


press, and freedom of assembly
● Second Amendment: the right of the people to keep and bear arms
● Third Amendment: restricts housing soldiers in private homes
● Fourth Amendment: protects against unreasonable search and seizure
● Fifth Amendment: protects against self-testimony, being tried twice for the
same crime, and the seizure of property under eminent domain
● Sixth Amendment: the rights to a speedy trial, trial by jury, and to the
services of a lawyer
● Seventh Amendment: guarantees trial by jury in cases involving a certain
dollar amount
● Eighth Amendment: prohibits excessive bail or fines and cruel and unusual
punishment for crimes
● Ninth Amendment: listing of rights (in the Bill of Rights) does not mean
that other rights are not in effect
● Tenth Amendment: power not granted to the Federal Government is
reserved for states or individual people

Madison became known as “Father of the Constitution.”

There have been thousands of proposed amendments to the Constitution.


However, only 17 amendments have been ratified in addition to the Bill of Rights
because the process isn’t easy–after a proposed amendment makes it through
Congress, it must be ratified by three-fourths of the states. The most recent
amendment to the Constitution, Article XXVII, which deals with congressional
pay raises, was proposed in 1789 and ratified in 1992.

The Constitution Today


In the more than 200 years since the Constitution was created, America has
stretched across an entire continent and its population and economy have
expanded more than the document’s framers likely ever could have envisioned.
Through all the changes, the Constitution has endured and adapted.

The framers knew it wasn’t a perfect document. However, as Benjamin Franklin


said on the closing day of the convention in 1787: “I agree to this Constitution
with all its faults, if they are such, because I think a central government is
necessary for us… I doubt too whether any other Convention we can obtain may
be able to make a better Constitution.”

Today, the original Constitution is on display at the National Archives in


Washington, D.C. Constitution Day is observed on September 17, to
commemorate the date the document was signed.

The branches of the Government

The Constitution of the United States established three separate branches for the
nation’s federal government. This separation was intended to ensure that no
one part of the government would ever become too strong. These three
branches divide the work of creating, interpreting, and enforcing the laws of the
United States. What role does each branch play?

Legislative Branch
The legislative branch is Congress. This branch makes the laws. Congress is
made up of two chambers, the Senate and the House of Representatives. Every
state elects officials to both chambers. Each state elects two members of the
Senate, called senators. However, the number of representatives that a state
sends to Congress is based on that state’s population. For example, Wyoming
has a small population and only has one representative. New York, which has a
larger population, has 27 representatives. Senators serve six-year terms, and
representatives serve two-year terms.

Executive Branch

The second branch of government is the executive branch. The executive in


charge of this branch is the president. Unlike kings and emperors who inherit
their right to run a country from their family, the president is elected by the
people of the states. The president cannot make laws. The president’s job is to
enforce the laws made by the legislative branch. To do that, the president has
the help of executive departments and agencies. They handle the daily work of
administering federal laws and programs. The President is also commander in
chief of the army. The president is elected to serve a four-year term. The 22nd
Amendment limits a president to two terms, so a president cannot be elected
more than twice.

Judicial Branch

The judicial branch is the third branch of government. The judicial branch
interprets the laws made by Congress. It is made up of a system of federal
courts and judges. The highest court in the nation is the Supreme Court of the
United States. The U.S. Supreme Court’s most important role is to judge
whether a law is unconstitutional. If a law is unconstitutional, the Court has the
power to overturn it. The president appoints justices to the U.S. Supreme Court,
but they have to be confirmed by the Senate. They can serve from the time they
are approved until they die or retire. Federal judges make important decisions
that affect everyone, so it is important that they are trustworthy and
dependable.

The United States government is based in Washington, D.C., the nation’s capital.
Congress meets in the Capitol Building, and the president lives in the White
House. The United States Supreme Court justices meet in the Supreme Court
Building. These buildings have come to symbolize, or stand for, the government.

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