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Constitution of the United States

The Constitution of the United States is the supreme law of the United States.[3] It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the national frame and constrains the powers of the federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world.[4][a]

Constitution of the United States

United States of America

September 17, 1787

September 28, 1787

June 21, 1788

March 4, 1789 (1789-03-04)[2]

2, 1 still active

March 4, 1789

April 30, 1789

February 2, 1790

May 5, 1992

39 of the 55 delegates

Parchment

The drafting of the Constitution, often referred to as its framing, was completed at the Constitutional Convention, which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787.[5] Delegates to the convention were chosen by the state legislatures of 12 of the 13 original states; Rhode Island refused to send delegates.[6] The convention's initial mandate was limited to amending the Articles of Confederation, which had proven highly ineffective in meeting the young nation's needs.[7] Almost immediately, however, delegates began considering measures to replace the Articles.[8] The first proposal discussed, introduced by delegates from Virginia, called for a bicameral (two-house) Congress that was to be elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch.[9] An alternative to the Virginia Plan, known as the New Jersey Plan, also called for an elected executive but retained the legislative structure created by the Articles, a unicameral Congress where all states had one vote.[10]


On June 19, 1787, delegates rejected the New Jersey Plan with three states voting in favor, seven against, and one divided. The plan's defeat led to a series of compromises centering primarily on two issues: slavery and proportional representation.[11][12] The first of these pitted Northern states, where slavery was slowly being abolished, against Southern states, whose agricultural economies depended on slave labor.[13] The issue of proportional representation was of similar concern to less populous states, which under the Articles had the same power as larger states.[14] To satisfy interests in the South, particularly in Georgia and South Carolina, the delegates agreed to protect the slave trade, that is, the importation of slaves, for 20 years.[15] Slavery was protected further by allowing states to count three-fifths of their slaves as part of their populations, for the purpose of representation in the federal government, and by requiring the return of escaped slaves to their owners, even if captured in states where slavery had been abolished.[16] Finally, the delegates adopted the Connecticut Compromise, which proposed a Congress with proportional representation in the lower house and equal representation in the upper house (the Senate) giving each state two senators.[17] While these compromises held the Union together and aided the Constitution's ratification, slavery continued for six more decades and the less populous states continue to have disproportional representation in the U.S. Senate and Electoral College.[18][12]


Since the Constitution was ratified in 1789, it has been amended 27 times.[19][20] The first ten amendments, known collectively as the Bill of Rights, offer specific protections of individual liberty and justice and place restrictions on the powers of government within the U.S. states.[21][22] The majority of the 17 later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures. Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to the document. The original U.S. Constitution[23] was handwritten on five pages of parchment by Jacob Shallus.[24] The first permanent constitution,[b] it is interpreted, supplemented, and implemented by a large body of federal constitutional law and has influenced the constitutions of other nations.

The , also known as the Large State Plan or the Randolph Plan, proposed that the legislative department of the national government be composed of a Bicameral Congress, with both chambers elected with apportionment according to population. Generally favoring the most highly populated states, it used the philosophy of John Locke to rely on consent of the governed, Montesquieu for divided government, and Edward Coke to emphasize civil liberties.[9]

Virginia Plan

The proposed that the legislative department be a unicameral body with one vote per state. Generally favoring the less-populous states, it used the philosophy of English Whigs such as Edmund Burke to rely on received procedure and William Blackstone to emphasize sovereignty of the legislature. This position reflected the belief that the states were independent entities and, as they entered the United States of America freely and individually, remained so.[10]

New Jersey Plan

The (proposed 1789) would, if ratified, establish a formula for determining the appropriate size of the House of Representatives and the appropriate apportionment of representatives among the states following each constitutionally mandated decennial census. At the time it was sent to the states for ratification, an affirmative vote by ten states would have made this amendment operational. In 1791 and 1792, when Vermont and Kentucky joined the Union, the number climbed to twelve. Thus, the amendment remained one state shy of the number needed for it to become part of the Constitution. No additional states have ratified this amendment since. To become part of the Constitution today, ratification by an additional twenty-seven would be required. The Apportionment Act of 1792 apportioned the House of Representatives at 33,000 persons per representative in consequence of the 1790 census. Reapportionment has since been effected by statute.

Congressional Apportionment Amendment

The (proposed 1810) would, if ratified, strip United States citizenship from any citizen who accepted a title of nobility from a foreign country. When submitted to the states, ratification by thirteen states was required for it to become part of the Constitution; eleven had done so by early 1812. However, with the addition of Louisiana into the Union that year (April 30, 1812), the ratification threshold rose to fourteen. Thus, when New Hampshire ratified it in December 1812, the amendment again came within two states of being ratified. No additional states have ratified this amendment since. To become part of the Constitution today, ratification by an additional twenty-six would be required.

Titles of Nobility Amendment

The (proposed 1861) would, if ratified, shield "domestic institutions" of the states (which in 1861 included slavery) from the constitutional amendment process and from abolition or interference by Congress. This proposal was one of several measures considered by Congress in an ultimately unsuccessful attempt to attract the seceding states back into the Union and to entice border slave states to stay.[176] Five states ratified the amendment in the early 1860s, but none have since. To become part of the Constitution today, ratification by an additional 33 states would be required. The subject of this proposal was subsequently addressed by the 1865 Thirteenth Amendment, which abolished slavery.

Corwin Amendment

The (proposed 1924) would, if ratified, specifically authorize Congress to limit, regulate and prohibit labor of persons less than eighteen years of age. The amendment was proposed in response to Supreme Court rulings in Hammer v. Dagenhart (1918) and Bailey v. Drexel Furniture Co. (1922) that found federal laws regulating and taxing goods produced by employees under the ages of 14 and 16 unconstitutional. When submitted to the states, ratification by 36 states was required for it to become part of the Constitution, as there were forty-eight states. Twenty-eight had ratified the amendment by early 1937, but none have done so since. To become part of the Constitution today, ratification by an additional ten would be required.[177] A federal statute approved June 25, 1938, regulated the employment of those under 16 or 18 years of age in interstate commerce. The Supreme Court, by unanimous vote in United States v. Darby Lumber Co. (1941), found this law constitutional, effectively overturning Hammer v. Dagenhart. As a result of this development, the movement pushing for the amendment concluded.[178]

Child Labor Amendment

Early Court roots in the founding

John Jay, 1789–1795, New York co-author The Federalist Papers

John Jay, 1789–1795, New York co-author The Federalist Papers

John Marshall, 1801–1835, Fauquier County delegate, Virginia Ratification Convention

John Marshall, 1801–1835, Fauquier County delegate, Virginia Ratification Convention

The United States Constitution has been a notable model for governance worldwide, especially through the 1970s. Its international influence is found in similarities in phrasing and borrowed passages in other constitutions, as well as in the principles of the rule of law, separation of powers, and recognition of individual rights.


The American experience of fundamental law with amendments and judicial review has motivated constitutionalists at times when they were considering the possibilities for their nation's future.[205] It informed Abraham Lincoln during the American Civil War,[v] his contemporary and ally Benito Juárez of Mexico,[w] and the second generation of 19th-century constitutional nationalists, José Rizal of the Philippines[x] and Sun Yat-sen of China.[y] The framers of the Australian constitution integrated federal ideas from the U.S. and other constitutions.[211]


Since the 1980s, the influence of the United States Constitution has been waning as other countries have created new constitutions or updated older constitutions, a process which Sanford Levinson believes to be more difficult in the United States than in any other country.[212][213][214]

U.S. Congress: legal analysis and interpretation based primarily on Supreme Court case law

The Constitution of the United States Explained

: Library of Congress: web guide with related primary documents and resources

United States Constitution

National Archives: original text and online resources on Declaration of Independence, U.S. Constitution, and Bill of Rights

America's Founding Documents

U.S. Senate: original text with explanations of each section's meaning over time

Constitution of the United States

GovInfo (govinfo.gov): pdf of full text with explanatory footnotes

The Constitution of the United States as Amended

Founders Online, National Archives: searchable database of letters and papers of key founders

America's Founding Documents