Constitution: The system of laws, customs and conventions which defines the composition and power organs if the
state and regulations ,ages their relations with each other and with the citizens. May be
written/unwritten/codified/uncodified
- Came into force in 1789
- Amended 27 times (the first 10 of which came in one go – the bill of rights)
- Established the separation of powers in the US
- 4543 words long
- Opening words ‘we the people’ affirm tat the government of the United States exists to service its citizens
Context of the constitution
- Original 13 British colonies along east coast of America
- Each colony had a governor, a legislature and a judiciary as well as proposers qualification for voting
- Multiple grievances among the colonists led to outbreak of war and the adoption of the Declaration of
Independence by the continental congress
- 4th July 1776 Declaration of Independence
- Colonies drew up own constitutions based on: popular sovereignty, legislative supremacy, weak executive
Articles of confederation: Compact made between the 13 original states that formed the basis of government from
1781 until it was replaced by US constitution in 1789
Confederacy: League of independence states in which the central government lacks significant powers and
resembles more an international organisation rather than a traditional national government
Congress successfully established a new system of the government under the Articles of Confederation in 1781
- Created a loose league of states that would cooperate to a limited extent
- Each state retained its sovereignty
- Central congress had no powers of taxation – could only request money from individual states
- Articles couldn’t be amended without unanimous agreement
- Congress was created with a limiter power but no executive or judicial branch, due to the desire to avoid
replacing British control with a powerful central government
- BUT Congress was ill-equipped to provide economic security and uniformity
Philadelphia summer 1787
- 55 delegates from 12 states travel to Philadelphia to discuss the pressing issue of governance in USA
- Men agree on some issues, but disagree on many more
1787 Philladelphia Convention
- Delegates became the convention were chose by state legislatures – became known as the founding fathers
- Convention was in session for almost 4 months
- Initially considered 2 plans:
1. Virginia plan -> Bicameral state based off of PR
2. New Jersey Plan -> System based off of equal representation
- Impasse proven by the Connecticut constitution
Final draft of the constitution signed by 39 of 55 delegates, sent to congress to distribute to individual states
Specially elected delegates in each state would debate and decide whether or not to ratify, 9 states were required to
ratify in order for New constitution to be adopted
17th September 1787: Task complete, US now has a codified constitution
Principles that under pin government
1. Social Contract Theory
- Consent is the basis of government. It is because people have agreed to be ruled that governments are
entitled to rule.
2. Representation
- Limits to Democracy - seen in the Bicameral system established by the Founding Fathers
, - Majority Rule - an elective despotism is not the government we fought for (Jefferson) and it was vital that
sovereignty reside with the people
3. Separation of Powers
- Montesquieu: “Were the executive power not to have a right of restraining the encroachments of the
legislative body, the latter would become despotic; for as it might arrogate to itself what authority it pleased,
it would soon destroy all the other powers.”
- Checks and balances
- Primacy of Legislature
- Deliberately inefficient: maximise freedom of efficiency
4. Federalism
- States Rights (powers and duties of state governments)
- Federal: Enumerated powers, inherent powers (granted by constitution): defence, currency, foreign affairs
- Denied powers: restrictions on Federal Govt
- State powers = flexible; fewer defined: e.g. Education, health care, transport, law enforcement, marriage,
voting ages, etc.
- Concurrent powers, e.g. tax
5. Intentions
- Basic Framework - does this through clear delineation of responsibility and power in the articles of the
Constitution
- Stand the test of time - difficulties of amendment help them
Constitutional framework
- 17 September 1787 US constitution was finished and the framework of the powers of the 3 branches of the
federal national government were codified
- Constitution is the collected and authoritative set of rules of government and politics, written down
- Constitution that has been through the process of codification is
1. Authoritative, on higher level than ordinary law, sets out basis for all political institutions, those that create
everyday legislation
2. Entrenched, it is hard to amend or abolish
3. Judicable, higher form of law, other laws can be judged against it, judiciary is responsible for this, judging
whether other laws are constitutional or not
- Set out the machinery of government, created the 3 branches of the federal government, work completely
separately of each other
1. Legislature (congress)
2. Executive (president)
3. Judiciary (Supreme Court)
Article I – Establishes Congress as the national legislature, defining its membership, the qualifications and method of
election of its members, as well as its powers. On the article 1, Section 8, Congress was given specific powers such as
those to coin money and declare war.
Article II - decided- somewhat surprisingly- on a singular rather than a plural executive by vesting all executive power
in the hands of a president. The president would be chosen indirectly by an Electoral College.
Article III - established the United States Supreme Court though Congress quickly added trial and appeal courts.
Although the role was not explicitly granted the court was to be the umpire of the constitution, implied in the
supremacy clause of
Article VI and the provision in Article III itself that the courts judicial power applies to “all cases ... arising under this
constitution”. The court would make this more explicit in their landmark decision with marbury versus Madison in
1803
Division of powers
- Supremacy clause article VI which states that the Constitution as well as treaties and federal laws, ‘shall be
the supreme land of the law’
state and regulations ,ages their relations with each other and with the citizens. May be
written/unwritten/codified/uncodified
- Came into force in 1789
- Amended 27 times (the first 10 of which came in one go – the bill of rights)
- Established the separation of powers in the US
- 4543 words long
- Opening words ‘we the people’ affirm tat the government of the United States exists to service its citizens
Context of the constitution
- Original 13 British colonies along east coast of America
- Each colony had a governor, a legislature and a judiciary as well as proposers qualification for voting
- Multiple grievances among the colonists led to outbreak of war and the adoption of the Declaration of
Independence by the continental congress
- 4th July 1776 Declaration of Independence
- Colonies drew up own constitutions based on: popular sovereignty, legislative supremacy, weak executive
Articles of confederation: Compact made between the 13 original states that formed the basis of government from
1781 until it was replaced by US constitution in 1789
Confederacy: League of independence states in which the central government lacks significant powers and
resembles more an international organisation rather than a traditional national government
Congress successfully established a new system of the government under the Articles of Confederation in 1781
- Created a loose league of states that would cooperate to a limited extent
- Each state retained its sovereignty
- Central congress had no powers of taxation – could only request money from individual states
- Articles couldn’t be amended without unanimous agreement
- Congress was created with a limiter power but no executive or judicial branch, due to the desire to avoid
replacing British control with a powerful central government
- BUT Congress was ill-equipped to provide economic security and uniformity
Philadelphia summer 1787
- 55 delegates from 12 states travel to Philadelphia to discuss the pressing issue of governance in USA
- Men agree on some issues, but disagree on many more
1787 Philladelphia Convention
- Delegates became the convention were chose by state legislatures – became known as the founding fathers
- Convention was in session for almost 4 months
- Initially considered 2 plans:
1. Virginia plan -> Bicameral state based off of PR
2. New Jersey Plan -> System based off of equal representation
- Impasse proven by the Connecticut constitution
Final draft of the constitution signed by 39 of 55 delegates, sent to congress to distribute to individual states
Specially elected delegates in each state would debate and decide whether or not to ratify, 9 states were required to
ratify in order for New constitution to be adopted
17th September 1787: Task complete, US now has a codified constitution
Principles that under pin government
1. Social Contract Theory
- Consent is the basis of government. It is because people have agreed to be ruled that governments are
entitled to rule.
2. Representation
- Limits to Democracy - seen in the Bicameral system established by the Founding Fathers
, - Majority Rule - an elective despotism is not the government we fought for (Jefferson) and it was vital that
sovereignty reside with the people
3. Separation of Powers
- Montesquieu: “Were the executive power not to have a right of restraining the encroachments of the
legislative body, the latter would become despotic; for as it might arrogate to itself what authority it pleased,
it would soon destroy all the other powers.”
- Checks and balances
- Primacy of Legislature
- Deliberately inefficient: maximise freedom of efficiency
4. Federalism
- States Rights (powers and duties of state governments)
- Federal: Enumerated powers, inherent powers (granted by constitution): defence, currency, foreign affairs
- Denied powers: restrictions on Federal Govt
- State powers = flexible; fewer defined: e.g. Education, health care, transport, law enforcement, marriage,
voting ages, etc.
- Concurrent powers, e.g. tax
5. Intentions
- Basic Framework - does this through clear delineation of responsibility and power in the articles of the
Constitution
- Stand the test of time - difficulties of amendment help them
Constitutional framework
- 17 September 1787 US constitution was finished and the framework of the powers of the 3 branches of the
federal national government were codified
- Constitution is the collected and authoritative set of rules of government and politics, written down
- Constitution that has been through the process of codification is
1. Authoritative, on higher level than ordinary law, sets out basis for all political institutions, those that create
everyday legislation
2. Entrenched, it is hard to amend or abolish
3. Judicable, higher form of law, other laws can be judged against it, judiciary is responsible for this, judging
whether other laws are constitutional or not
- Set out the machinery of government, created the 3 branches of the federal government, work completely
separately of each other
1. Legislature (congress)
2. Executive (president)
3. Judiciary (Supreme Court)
Article I – Establishes Congress as the national legislature, defining its membership, the qualifications and method of
election of its members, as well as its powers. On the article 1, Section 8, Congress was given specific powers such as
those to coin money and declare war.
Article II - decided- somewhat surprisingly- on a singular rather than a plural executive by vesting all executive power
in the hands of a president. The president would be chosen indirectly by an Electoral College.
Article III - established the United States Supreme Court though Congress quickly added trial and appeal courts.
Although the role was not explicitly granted the court was to be the umpire of the constitution, implied in the
supremacy clause of
Article VI and the provision in Article III itself that the courts judicial power applies to “all cases ... arising under this
constitution”. The court would make this more explicit in their landmark decision with marbury versus Madison in
1803
Division of powers
- Supremacy clause article VI which states that the Constitution as well as treaties and federal laws, ‘shall be
the supreme land of the law’
