The U.S. Constitution

The U.S. Constitution is famously short—a mere 7,591 words, including its 27 amendments. That makes it all the more remarkable that 110 of those words have been, in effect, lost to the ages.

Thomas Paine did not directly distribute the Constitution; instead, he significantly influenced public opinion towards the idea of a written constitution through his widely read pamphlet, “Common Sense,” which argued for American independence and outlined principles for a representative government, effectively paving the way for the Constitution’s creation and acceptance by the people. [12345

Key points about Paine’s role: [135

  • “Common Sense”: This pamphlet was widely distributed and read by colonists, advocating for a break from British rule and promoting ideas about a government based on the will of the people, which aligned with the principles later enshrined in the Constitution. [135
  • Impact on public opinion: By making complex political ideas accessible to the common people, Paine’s writing significantly influenced public support for the American Revolution and the concept of a written constitution. [135
  • No direct involvement in Constitution drafting: While Paine’s ideas were influential, he was not a member of the Constitutional Convention and did not directly participate in the document’s creation. [236

The Constitution has 4,543 words, including the signatures but not the certificate on the interlineations; and takes about half an hour to read. The Declaration of Independence has 1,458 words, with the signatures, and takes about ten minutes to read.

All told, we have ratified 27 constitutional amendments across American history. We can divide these amendments into four different periods of constitutional reform: The Founding era 1791 – 1804 Gave us our first 12 amendments, including the Bill of Rights.

Six Big Ideas

core constitutional principles

What is the significance of the Six Big Ideas in the Constitution historically and for Americans today? The Six Big Ideas are:

limited government

The Constitution of the United States establishes the principle of limited government through several key provisions:

  1. Separation of Powers: The Constitution divides the federal government into three branches—legislative, executive, and judicial—each with distinct powers and responsibilities, ensuring no single branch becomes too powerful (Articles I, II, and III).
  2. Enumerated Powers: Article I, Section 8 lists specific powers granted to Congress, while the Tenth Amendment reserves all powers not delegated to the federal government to the states or the people.
  3. Checks and Balances: Each branch of government has the ability to check the powers of the other branches, preventing any one branch from exercising unchecked authority.
  4. Bill of Rights: The first ten amendments to the Constitution explicitly protect individual liberties and rights, limiting the government’s ability to infringe upon these freedoms. ​
  5. Amendment Process: Article V outlines a rigorous process for amending the Constitution, ensuring that changes to the government’s structure and powers require broad consensus.

These provisions collectively ensure that the federal government operates within a framework of defined and limited powers, protecting individual rights and maintaining a balance between national and state authority. ​

republicanism

The Constitution of the United States incorporates the principle of republicanism, which emphasizes a government in which power resides in elected individuals representing the citizen body and government leaders exercise power according to the rule of law. ​ Key provisions that reflect this principle include:

  1. Article IV, Section 4: This section explicitly guarantees that every state in the Union shall have a “Republican Form of Government.” ​ This means that each state must have a government that is representative of the people.
  2. Elected Representatives: The Constitution establishes a system where the people elect their representatives. ​ For example, members of the House of Representatives are elected every two years by the people of the several states (Article I, Section 2). ​
  3. Senate: Originally, Senators were chosen by state legislatures (Article I, Section 3), but the 17th Amendment changed this to direct election by the people, further reinforcing the republican principle. ​
  4. Presidential Elections: The President and Vice President are elected by an Electoral College, whose members are chosen by the states (Article II, Section 1). ​
  5. Amendment Process: The process for amending the Constitution (Article V) involves both the federal and state governments, ensuring that changes reflect the will of the people through their elected representatives. ​

These elements ensure that the government is accountable to the people and that the authority of the government is derived from the consent of the governed, embodying the core principles of republicanism. ​

checks and balances

The U.S. Constitution establishes a system of checks and balances to prevent any one branch of government from becoming too powerful. The Constitution’s checks and balances system gives each branch of government the power to limit the actions of the other branches. 

How does the system work?

  • Separation of powers: The Constitution establishes three branches of government: legislative, executive, and judicial.Each branch has its own specific powers and responsibilities. 
  • Checks and balances: Each branch can check the power of the other branches. For example, the president can veto legislation, but Congress can override the veto. 
  • Judicial review: The judicial branch can declare laws passed by Congress unconstitutional. 

Examples of checks and balances

  • Impeachment: Congress can remove the president from office if they abuse their power or are corrupt. 
  • Presidential nominations: The president nominates federal agency heads and Supreme Court justices, but Congress confirms or rejects them. 
  • Overriding vetoes: Congress can override a presidential veto with enough votes. 

federalism
The US Constitution’s provisions on federalism include the Tenth Amendment, the Supremacy Clause, and Article I, Section 8. These provisions establish the relationship between the federal government and the states, and the powers each level of government has

Tenth Amendment 

  • States that powers not given to the federal government are reserved for the states or the people
  • Clarifies that the federal government’s powers are limited and enumerated
  • The last amendment to the Bill of Rights, ratified in 1791

Supremacy Clause 

  • States that federal law takes precedence over state law when the two conflict
  • Located in Article VI of the Constitution

Article I, Section 8 

  • Describes the specific powers of the federal government
  • Includes enumerated powers, such as the power to create laws

Concurrent powers 

Examples include the power to tax, build roads, and create lower courts

Powers shared by both the federal government and the states

separation of powers

The United States Constitution establishes the separation of powers by dividing the government into three branches: legislative, executive, and judicial. The Constitution does not explicitly use the term “separation of powers”. 

Legislative branch

  • Article I of the Constitution gives Congress the power to make laws. 
  • Congress is made up of the Senate and the House of Representatives. 
  • Congress has the power to investigate the misuse of federal funds and abuses of power. 

Executive branch

  • Article II of the Constitution gives the President the power to enforce laws. 
  • The President is also the Commander in Chief of the armed forces. 
  • The President can veto legislation. 
  • The President needs the Senate’s approval to appoint judges and executive officers, and to enter into treaties. 

Judicial branch

  • Article III of the Constitution gives the Supreme Court and lower courts the power to interpret laws. 
  • The executive branch can check the judicial branch by refusing to enforce the court’s orders. 

The Constitution also includes a system of checks and balances, which allows each branch to limit the power of the other branches. 

popular sovereignty

The US Constitution establishes popular sovereignty in several ways, including the Preamble, the Tenth Amendment, and other provisions. 

Preamble 

  • The Preamble states, “We the People of the United States, in Order to form a more perfect Union”. This means that the people established the government through their elected representatives.

Tenth Amendment 

  • The Tenth Amendment states that powers not delegated to the federal government are reserved to the states or the people.This protects the people’s right to choose their government.

Other provisions

  • Article IThe House of Representatives is made up of members chosen by the people every two years. 
  • Article VThis article provides a way to amend the Constitution through elected representatives. 
  • Article VIIThis article requires nine states to approve the Constitution before it can become the law. 
  • First AmendmentThis amendment protects the right of the people to assemble peacefully and petition the government. 
  • Seventeenth AmendmentThis amendment allows the people to elect senators. 

Popular sovereignty is the idea that the people are the source of authority in a government. It also means that the people have the right to change the government.

    The Constitution of the United States is the foundational legal document establishing the framework of the federal government, divided into three branches: legislative, executive, and judicial. It outlines the powers and responsibilities of each branch, the process for amending the Constitution, and the rights of states and individuals. The document includes the original text and 27 amendments, with the first ten known as the Bill of Rights, which guarantee essential freedoms and rights. The National Constitution Center, a non-partisan nonprofit organization, promotes awareness and understanding of the Constitution’s history and its relevance to daily life. ​

    This document is the Constitution of the United States, including its original text and subsequent amendments. ​ It outlines the structure, powers, and functions of the government, divided into three branches: legislative, executive, and judicial.

    • Preamble: States the purpose of the Constitution. ​
    • Article I: Establishes the legislative branch (Congress), detailing the powers and structure of the House of Representatives and the Senate. ​
    • Article II: Defines the executive branch, outlining the powers and duties of the President and Vice President. ​
    • Article III: Establishes the judicial branch, including the Supreme Court and other federal courts. ​
    • Article IV: Addresses the states’ powers and limits, and the federal government’s obligations to the states. ​
    • Article V: Describes the process for amending the Constitution. ​
    • Article VI: Establishes the Constitution as the supreme law of the land and requires an oath of office for all government officials. ​
    • Article VII: Details the process for ratification of the Constitution. ​

    The document also includes 27 amendments, with the first ten known as the Bill of Rights, which guarantee fundamental rights and freedoms. Subsequent amendments address various issues such as the abolition of slavery, voting rights, and changes to governmental procedures.

    The National Constitution Center, an independent, non-partisan, nonprofit organization, aims to increase awareness and understanding of the Constitution. ​

    According to the Constitution, the President of the United States has several key roles and responsibilities:

    1. Executive Power: The President holds the executive power and serves a four-year term alongside the Vice President. ​
    2. Commander in Chief: The President is the Commander in Chief of the Army, Navy, and the Militia of the several states when called into service. ​
    3. Treaties and Appointments: The President has the power to make treaties (with the advice and consent of the Senate) and appoint ambassadors, public ministers, consuls, Supreme Court judges, and other officers of the United States. ​
    4. Reprieves and Pardons: The President can grant reprieves and pardons for offenses against the United States, except in cases of impeachment. ​
    5. State of the Union: The President must periodically inform Congress about the State of the Union and recommend necessary and expedient measures. ​
    6. Convening Congress: The President can convene both Houses of Congress on extraordinary occasions and adjourn them if there is a disagreement about the time of adjournment. ​
    7. Receiving Ambassadors: The President receives ambassadors and other public ministers. ​
    8. Ensuring Laws are Executed: The President ensures that the laws are faithfully executed. ​
    9. Commissioning Officers: The President commissions all officers of the United States. ​

    These roles collectively ensure that the President oversees the execution of federal laws, manages national defense, conducts foreign policy, and maintains the functioning of the executive branch. ​