What is the US Constitution?
A set of fundamental rules governing the politics of a nation. The term encompasses the institutions, practices, and principles that define an autonomous political organization or a system of government and the written document that defines such a system. A constitution marks the existence of a polity that claims its own sphere of authority. This authority may be defined in terms of a particular region, a particular people, or particular issues. Such authority need not be national. In federal systems, for example, each local government may have its own constitution. All in all, a constitution defines how a political system and its institutions will be governed. Because institutional design affects both the distribution of political power and the making of governmental policy, the structure of the state is often hotly contested in debates over making or amending a constitution. Constitutions are more difficult to amend than ordinary laws. Furthermore, constitutions with more specifically delineated rights are typically less forthcoming about how the citizen who feels deprived of these rights may seek redress. Although some observers claim that constitution inherently limit government—for example, by regularizing the governmental process and thus prohibiting capricious action—historically, constitutions have been made to empower states. The American and French Revolutions led to the first written constitutions. These constitutions organized institutions and established fundamental political principles. In both France and the United States, written constitutions aimed at establishing governments based on popular consent and respect for individual rights. Constitution-making was a recurrent feature of both nationalist and bourgeois revolutions in the 19th century. After World War II, colonial and occupying powers sometimes refused to relinquish sovereignty to indigenous peoples until constitutions acceptable to them were adopted. Now, a written constitution has become almost a prerequisite to international acceptance for new nations. The Constitution of the United States was signed in 1787 in Philadelphia, Pennsylvania. The members of the Constitutional Convention convened in response to discontent with the Articles of Confederation and the need for a strong, centralized government. The delegates to the Convention rejected the idea of revising the articles of Confederation. They agreed to develop a new framework for the new national government. The proposed Constitution was submitted to the states for approval. Although the vote was close in some states, the Constitution was eventually ratified, and the new federal government came into existence in 1789. The Constitution established the U.S. government as it exists today. It builds into the government a set of checks and balances or safeguards. It does this by preventing any one of the three branches of government (executive, legislative, and judicial) from acquiring dominance over the others. The Bill of Rights is the first 10 amendments to the Constitution.
Adopted on September 17, 1787, the U.S. Constitution is the supreme law of the land. All laws—statutory, administrative, case law, and 104 must adhere to the principles inherent in the constitution. The Constitution comprises a preamble,27 amendments, and 7 original articles. It establishes three branches of government: the legislative, which enacts law (Article 1); the judiciary, which interprets the law (Article 2); and the executive branch, which enforces the law (Article 3). Article 4 describes the states’ powers and limits. Article 5 explains the process of amending the constitution. Article 6 establishes the Constitution as the supreme law of the land, and Article 7 explains the process of ratifying the Constitution. The first 10 amendments of the Constitution are known as the Bill of Rights. The First Amendment establishes rights to free speech; freedom of religious expression, to assemble, and to petition; and freedom of the press. There is also an implied right to privacy. The Second Amendment provides citizens with the right to bear arms. The Third Amendment precludes the government from using private homes for soldiers unless consent is received from the homeowner. The fourth amendment protects against unreasonable searches and seizures; there is also an implied right to privacy. the fifth Amendment provides due process rights, protection from double jeopardy, and the right to against self-incrimination. The Sixth Amendment grants rights to a speedy trial, trial by jury, and counsel. The Seventh Amendment provides a trial by jury in civil matters. the eighth Amendment prohibits the government from imposing excessive bail, fines, or any punishment deemed to be cruel and unusual. The Ninth Amendment states that the rights listed in the Constitution and the bill of Rights are not exhaustive. And the Tenth Amendment provides the states with powers not specifically issued to the federal government. The subsequent amendments provide for the abolition of slavery, due process rights incorporated by the states, presidential term limits, and so forth.
Larry E. Sullivan. The SAGE Glossary of the Social and Behavioral Sciences. SAGE Publications, Inc, 2009.