The Constitution

Definition

The Constitution is the supreme law of the United States, established in 1787, that outlines the national framework of government. It defines the structure, powers, and limitations of government institutions while ensuring the protection of individual rights through its amendments. The Constitution serves as a foundational document that has guided the political and legal development of the nation, reflecting the principles of federalism, separation of powers, and checks and balances.

5 Must Know Facts For Your Next Test

1. The Constitution was drafted during the Constitutional Convention in Philadelphia in 1787 and ratified by the states in 1788.
2. It replaced the Articles of Confederation, which had created a weak central government and led to various economic and political issues.
3. The Constitution established three branches of government: the legislative (Congress), executive (President), and judicial (Supreme Court), each with distinct powers.
4. The process for amending the Constitution is intentionally challenging, requiring significant consensus among states to adapt to changing needs.
5. Landmark Supreme Court cases, such as Marbury v. Madison, have shaped the interpretation and application of constitutional principles over time.

Review Questions

• How did the Constitution address the weaknesses of the Articles of Confederation?
  • The Constitution directly addressed the weaknesses of the Articles of Confederation by establishing a stronger federal government with the authority to levy taxes, regulate interstate commerce, and maintain a standing army. This shift allowed for a more effective national defense and economic stability, countering issues like trade disputes between states. The introduction of a bicameral legislature provided representation for both populous and less populous states, ensuring a more balanced political structure.
• Analyze how the principles of federalism are reflected in the Constitution.
  • Federalism is reflected in the Constitution through its division of powers between the national and state governments. Certain powers are specifically granted to the federal government, such as regulating interstate commerce and conducting foreign affairs, while others are reserved for the states. This structure fosters cooperation while maintaining distinct responsibilities, allowing states to address local issues while being part of a larger national framework.
• Evaluate the impact of judicial review on American constitutional law since its establishment.
  • Judicial review has had a profound impact on American constitutional law since it was established by Marbury v. Madison in 1803. This principle allows the Supreme Court to invalidate laws or actions deemed unconstitutional, thus protecting individual rights and maintaining checks on legislative and executive powers. Over time, judicial review has played a crucial role in landmark decisions addressing civil rights, federal authority, and individual liberties, shaping how constitutional principles are understood and applied in contemporary society.

Related terms

Bill of Rights:

The first ten amendments to the Constitution, ratified in 1791, that guarantee individual liberties and rights against government infringement.

Federalism:

A system of government in which power is divided between a central authority and constituent political units, such as states.

Checks and Balances:

A fundamental principle of the Constitution that ensures no one branch of government becomes too powerful by allowing each branch to limit the powers of the others.