Engaging the U.S. Constitution
The Constitution is a foundational document that lays out the functions of the federal government of the United States and guarantees certain rights for U.S. citizens. It was signed in Philadelphia on September 17, 1787, and was ratified over the next nine months. The Constitution was soon amended further to introduce additional rights and clarifications; these amendments became known as the Bill of Rights and were ratified on December 15, 1791.
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The Constitution replaced an earlier governing document known as the Articles of Confederation. Under the Articles, the federal government of the United States – essentially only a Congress – was not very powerful. It could not raise taxes, so it depended completely on donations from the States in order to function. When States began acting in their own interests and not giving money to Congress, the government could no longer pay back its debts. Also, amending the Articles required a unanimous decision, which made the Articles nearly impossible to change. Many people believed that the Articles were deeply flawed and had to be changed (see, for example, Federalist No. 15). In 1787, Congress called a Constitutional Convention with the intention of revising the existing Articles of Confederation. Delegates from 12 of the 13 states convened to make these revisions but came to the decision that an entirely new document was needed. The Constitution was born.
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Unlike the Articles of Confederation, the Constitution sets out three co-equal branches of government: Legislative, Executive, and Judicial. The Legislative Branch is composed of a House of Representatives and a Senate, forming Congress. Congress makes all laws (with the President's signature), authorizes the budget, declares war, and has the power to impeach the President or judges and remove them from office. The Executive Branch carries out and enforces laws and includes the President, the Vice President, the Cabinet, and a large number of executive departments and agencies. The Judicial Branch has the power to interpret the law and is made up of the Supreme Court and numerous inferior courts.
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One of the most brilliant features of the Constitution is the ability of each co-equal branch to keep the others in check with a variety of mechanisms. Specifically:
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The Legislative Branch can pass a bill, but the President has the power to refuse, or “veto,” it, preventing it from becoming law;
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In turn, Congress can override a veto with a supermajority of 2/3 of both the House and the Senate, thus enacting the law over the President’s objection;
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The Judicial Branch can declare a law unconstitutional;
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The Executive Branch can issue Executive Orders;
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The Judicial Branch can declare these Executive Orders unconstitutional;
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The Legislative Branch can impeach and remove the President from office;
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The President nominates the heads of Executive departments, as well as federal judges, including Supreme Court justices; and
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The Legislative Branch confirms the President’s nominations for executive and judicial positions and can impeach and remove any of those officials from office.
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Another striking feature of the Constitution is that it is difficult, but nevertheless possible, to amend it. This has allowed for critical amendments, such as the Bill of Rights, the Civil War Amendments, and the 19th Amendment (guaranteeing women the right to vote), which have changed the Constitution in essential ways as history and culture have evolved.
