In September 1786, commissioners from five states met in the Annapolis Convention
to discuss adjustments to the Articles of Confederation that would
improve commerce. They invited state representatives to convene in Philadelphia
to discuss improvements to the federal government. After debate, the
Confederation Congress endorsed the plan to revise the Articles of
Confederation on February 21, 1787. Twelve states, Rhode Island
being the only exception, accepted this invitation and sent delegates
to convene in May 1787. The resolution calling the Convention specified
its purpose was to propose amendments to the Articles, but the
Convention decided to propose a rewritten Constitution. The Philadelphia Convention
voted to keep deliberations secret and decided to draft a new
fundamental government design which eventually stipulated that only 9
of the 13 states would have to ratify for the new government to go into
effect (for the participating states). Congress unanimously submitted
the proposal to the states and set the terms for representation.
On September 17, 1787, the Constitution was completed in Philadelphia, followed by a speech given by Benjamin Franklin.
In it he talked about how he wasn't completely satisfied with it but
that perfection would never fully be achieved. He accepted the document
as it was and he wanted all those against the ratification of it to do
the same.[4] After fierce fights over ratification in many of the states, New Hampshire became that ninth state on June 21, 1788. Once the Congress of the Confederation received word of New Hampshire's ratification, it set a timetable for the start of operations under the Constitution, and, on March 4, 1789, the government under the Constitution began operations.
In 1957 the American Bar Association acknowledged the debt American law and constitutionalism had to the Magna Carta by erecting a monument at Runnymede, England.
Historical influences
Several of the ideas in the Constitution were new, and that a large number of ideas were drawn from the literature of Republicanism in the United States, from the experiences of the 13 states, and from the British experience with mixed government. The most important influence from the European continent was from Montesquieu,
who emphasized the need to have balanced forces pushing against each
other to prevent tyranny. (This in itself reflects the influence of Polybius' second century BC treatise on the checks and balances of the constitution of the Roman Republic). John Locke is known to be a mild influence, and the due process clause of the United States Constitution was partly based on common law stretching back to the Magna Carta of 1215.
The United States Bill of Rights
were the ten amendments added to the Constitution in 1791, as the
supporters had promised opponents during the debates of 1788. The
English Bill of Rights (1689) was an inspiration for the American Bill of Rights. For example, both require jury trials, contain a right to bear arms, and prohibit excessive bail as well as “cruel and unusual punishments”. Many liberties protected by state constitutions and the Virginia Declaration of Rights were incorporated into the United States Bill of Rights.
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 Preamble neither grants any powers nor inhibits any actions; it
only explains the rationale behind the Constitution. The preamble is a
basic statement of purpose that precedes the constitution. The
Preamble, especially the first three words ("We the people"), is one of
the most quoted and referenced sections of the Constitution. Indeed,
they are, perhaps, the three most important words in the constitution,
as they denote that the constitution came not from a king, or an
emperor, but from the people themselves.
Article One establishes the legislative branch of government, U.S. Congress, which includes the House of Representatives and the Senate.
The Article establishes the manner of election and qualifications of
members of each House. In addition, it provides for free debate in
congress and limits self-serving behavior of congressmen, outlines
legislative procedure and indicates the powers of the legislative
branch. There is a debate as to whether the powers listed in Article 1
Section 8 are a list of enumerated powers.
These powers may also be interpreted as a list of powers formerly
either executive or judicial in nature, that have been explicitly
granted to the U.S. Congress. This interpretation may be further supported by a broad definition of both the commerce clause, and the necessary and proper clause of the Constitution. The argument for enumerated powers can be traced back to 1819 McCulloch v. MarylandUnited States Supreme Court ruling. Finally, it establishes limits on federal and state legislative power.
Article Two describes the presidency (the executive branch):
procedures for the selection of the president, qualifications for
office, the oath to be affirmed and the powers and duties of the
office. It also provides for the office of Vice President of the United States,
and specifies that the Vice President succeeds to the presidency if the
President is incapacitated, dies, or resigns, although whether this
succession was on an acting or permanent basis was left unclear. In
practice, this has always been treated as succession, and the 25th Amendment provides explicitly for succession.
Article Two also provides for the impeachment and removal from office of civil officers (the President, Vice President, judges, and others).
Article Three describes the court system (the judicial branch), including the Supreme Court.
The article requires that there be one court called the Supreme Court;
Congress, at its discretion, can create lower courts, whose judgments
and orders are reviewable by the Supreme Court. Article Three also
requires trial by jury in all criminal cases, defines the crime of treason, and charges Congress with providing for a punishment for it, while imposing limits on that punishment.
Article Four describes the relationship between the states
and the Federal government, and amongst the states. For instance, it
requires states to give "full faith and credit" to the public acts, records and court proceedings of the other states. Congress is permitted to regulate the manner in which proof of such acts, records or proceedings may be admitted. The "privileges and immunities" clause
prohibits state governments from discriminating against citizens of
other states in favor of resident citizens (e.g., having tougher
penalties for residents of Ohio convicted of crimes within Michigan).
It also establishes extradition
between the states, as well as laying down a legal basis for freedom of
movement and travel amongst the states. Today, this provision is
sometimes taken for granted, especially by citizens who live near state
borders; but in the days of the Articles of Confederation,
crossing state lines was often a much more arduous (and costly)
process. Article Four also provides for the creation and admission of
new states. The Territorial Clause
gives Congress the power to make rules for disposing of Federal
property and governing non-state territories of the United States.
Finally, the fourth section of Article Four requires the United States
to guarantee to each state a republican form of government, and to protect the states from invasion and violence.
Article Five describes the process necessary to amend the
Constitution. It establishes two methods of proposing amendments: by
Congress or by a national convention requested by the states. Under the first method, Congress can propose an amendment by a two-thirds vote (of a quorum,
not necessarily of the entire body) of the Senate and of the House of
Representatives. Under the second method, two-thirds (2/3) of the state legislatures
may convene and "apply" to Congress to hold a national convention,
whereupon Congress must call such a convention for the purpose of
considering amendments. As of 2006, only the first method (proposal by Congress) has been used.
Once proposed—whether submitted by Congress or by a national
convention—amendments must then be ratified by three-fourths (3/4) of
the states to take effect. Article Five gives Congress the option of
requiring ratification by state legislatures or by special conventions assembled in the states. The convention method of ratification has been used only once (to approve the 21st Amendment).
Article Five currently places only one limitation on the amending
power—that no amendment can deprive a state of its equal representation
in the Senate without that state's consent.
Article Six establishes the Constitution, and the laws and treaties of the United States made in accordance with it, to be the supreme law
of the land, and that "the judges in every state shall be bound
thereby, any thing in the laws or constitutions of any state
notwithstanding." It also validates national debt created under the Articles of Confederation and requires that all legislators, federal officers, and judges take oaths
or affirmations to "support" the Constitution. This means that the
states' constitutions and laws should not conflict with the laws of the
federal constitution-- and that in case of a conflict, state judges are
legally bound to honor the federal laws and constitution over those of
any state.
Article Six also states that "no religious Test shall ever be
required as a Qualification to any Office or public Trust under the
United States".
Article Seven sets forth the requirements for ratification
of the Constitution. The Constitution would not take effect until at
least nine states had ratified the Constitution in state conventions
specially convened for that purpose. (See above Drafting and ratification.)
