The supreme law of the land
The United States Constitution is the highest law in the country. It sets up the national government, divides power, and protects people’s rights. Every law, at every level, must follow it.
It is the oldest written national constitution still in use, and one of the shortest, at about 4,500 words in the original document.
How it was written
After independence, the United States first tried a weak national government under the Articles of Confederation (1781). Congress couldn’t collect taxes, regulate trade or enforce laws. By 1787, leaders agreed something had to change.
In the summer of 1787, delegates met in Philadelphia at the Constitutional Convention. George Washington presided, and James Madison played such a major role that he is called the "Father of the Constitution."
Key compromises included:
- The Great Compromise: a two-house Congress, with representation by population in the House and equal representation in the Senate.
- The Three-Fifths Compromise: enslaved people were counted as three-fifths of a person for representation. This compromise protected slavery and was later undone by the 13th and 14th Amendments.
The Constitution was signed on September 17, 1787. Then nine of the thirteen states had to ratify (approve) it. That happened in 1788, and the new government began in 1789.
What’s in the Constitution
The Preamble
The Preamble begins "We the People of the United States…" and lists the Constitution’s goals: to form a more perfect union, establish justice, ensure domestic peace, provide for the common defence, promote the general welfare, and secure the blessings of liberty.
The seven articles
| Article | Topic |
|---|---|
| I | Legislative branch: Congress |
| II | Executive branch: the president |
| III | Judicial branch: the courts |
| IV | Relations among the states |
| V | How to amend the Constitution |
| VI | The Constitution is the supreme law of the land |
| VII | How the Constitution would be ratified |
Key principles
- Popular sovereignty: power comes from the people.
- Separation of powers and checks and balances.
- Federalism: power is shared between the national and state governments.
- Limited government and the rule of law.
The Bill of Rights
Many Americans worried the new government could threaten their freedoms. Supporters promised to add protections. In 1791, the first ten amendments, the Bill of Rights, were ratified.
| Amendment | Protects |
|---|---|
| 1st | freedom of religion, speech, press, assembly and petition |
| 2nd | right to keep and bear arms |
| 3rd | no forced housing of soldiers in peacetime |
| 4th | protection from unreasonable searches and seizures |
| 5th | rights of the accused: no double jeopardy, no forced self-incrimination, due process |
| 6th | right to a speedy, public trial, a lawyer and an impartial jury |
| 7th | jury trial in many civil cases |
| 8th | no excessive bail or cruel and unusual punishment |
| 9th | people have rights beyond those listed |
| 10th | powers not given to the federal government belong to the states or the people |
Changing the Constitution
An amendment must be proposed by two-thirds of both houses of Congress (or a national convention requested by two-thirds of the states) and ratified by three-quarters of the states. It is hard on purpose. There are 27 amendments in total.
Important later amendments:
- 13th (1865): abolished slavery
- 14th (1868): citizenship for all born in the U.S.; equal protection of the laws
- 15th (1870): voting rights regardless of race
- 19th (1920): women’s right to vote
- 26th (1971): voting age lowered to 18
A living document?
People debate how to interpret the Constitution. Some argue judges should follow its original meaning. Others argue its principles should be applied to modern situations the founders never imagined, such as the internet. The Supreme Court’s interpretations have changed over time.
Try it yourself
- Rewrite the Preamble in your own words.
- Choose three amendments from the Bill of Rights and give a modern example of each.
- Why is the amendment process so difficult? Is that good or bad?
- Write a "Classroom Constitution" with a preamble, articles and a bill of rights.
Quick recap
- The Constitution, signed in 1787, is the supreme law of the United States.
- It has a Preamble and seven articles setting up three branches.
- The Bill of Rights, the first ten amendments, was ratified in 1791.
- There are 27 amendments, including those ending slavery and expanding voting rights.
- Amending the Constitution requires broad agreement in Congress and the states.