The United States Constitution and Its Development

Introduction

Governments need laws and guidelines that ensure the effective running of the nation through a particular authoritative order. The constitution is the governmental body that provides guiding principles and practices of a country by determining various powers and roles of the government that ensure rights to all citizens. Constitutional laws emerged when activists argued for equality and fair power distribution during the Enlightenment. This essay discusses the constitution of the United States, its development, structure, and significance in the history of the Americans.

The Document’s Structure and Purpose

The U.S constitution is a written document and outlines the government’s plan, such as citizens’ basic rights and essential laws. The current constitution comprises three arms of government: the legislature, judiciary, and executive.¹ The primary function of the legislature involves making laws and is composed of congress representatives. The judicial arm interprets laws and comprises the courts, while the executive arm consists of the presidential seat and executes laws.² The constitutional articles describe the fundamental duties of three main branches of the government: the legislature, executive, and judiciary. Further, the document outlines the state and federal government hierarchy of power and provides a guideline for constitutional changes, amendments, and liberal rights.³ Therefore, the constitution acts like a public document that gives information on the government’s plans, the hierarchy of authorities, and citizens’ rights.

Drafting of the New Constitution

America’s first constitutional document was the articles of confederation, where each state operated as an independent entity. Due to the individualistic governorship, the national government had fewer powers and became weak in controlling the states.⁴ The national government was comprised of the legislature without the presidential and judicial branches. After gaining independence during the American Revolution, the country needed a stable system of government that contributed to the proposition of a new constitution.⁵ Thus, delegates proposed a more solid government during the convention, which included implementing the arms of government and amending the power system to ensure equity between states, the federal government, and individual rights.

Concepts and Compromises

The current constitutional document was ratified in 1788 after reaching a compromise with numerous states concerning the bill of rights amendments and sharing power. The delegates who participated in the convention for creating a new constitution had concerns about limiting the federal government’s power and ensuring freedom of rights to all citizens. The first compromise was the Great Compromise, where states agreed to share power and equal representation in the House of Representatives.⁶ It was settled that a state’s population determines its representation in the House of Representatives. Further, the representatives must obtain power through democratic elections by the people. Secondly, the Three-Fifths compromise dealt with slavery and its representation in the country. The delegates reached a compromise of counting enslaved people as 3/5 of a person, hence, the Three-Fifths concept.⁷ Finally, the Electoral College compromise involved the appointment of the president leading to the democratic election of United States presidents.⁸ Despite the compromises and ratification of the constitution, the government still has conflicts over power balance and sharing between the states, the federal government, and the people.

General Principles and Provisions

The constitutional articles align with the basic principles of the, which include separating powers, practicing individual rights, federalism, popular sovereignty, limiting governmental powers, republicanism, and power balancing and checks. According to the delegates, striking a balance between liberty and authority involved separating the constitution’s powers into three branches: the legislature, judiciary, and executive, so that each branch performs particular duties.⁹ Separating powers gives each branch particular duties that connect with others, ensuring power check and control in the government. Under the first article, all legislative powers lie in congress, which comprises the house of congress and senators.¹⁰ The second article articulates the president’s executive power in the United States.

The third article gives the judicial branch power to oversee and rule in the courts. Popular sovereignty is the people’s right to control state and governmental leadership.¹¹ Article four deals with issues concerning state relations and the rights and privileges of American citizens, thus protecting the peoples’ rights. Further, the tenth article warrants citizens with powers not governed by the state or federal government.¹² The constitutional principles and provisions ensure the balance of power, individual rights, and democracy in the United States governorship.

Importance of the Constitution to the People of America

The United States constitution is significant to the nation and the people of America, considering their history. Through the numerous amendments and article provisions, citizens have more rights, equality, and protection under the law. The right to democratic leadership gives Americans power to choose their government that deliberates them from the colonial leadership.¹³ The citizens can feel free in their country after a long history of slavery under colonialism. Consequently, protecting individual rights such as freedom of speech, assembly, press, and peaceful demonstrations has significantly affected citizens’ freedom of expression.¹⁴ Americans can air out their views and practices regarding religion and various forms of discrimination creating a more united and civilized nation.

Conclusion

The constitution of the United States comprises three branches, executive, legislature, and judiciary, which perform particular duties and responsibilities. Each article of the constitutional document dictates the authority and duties given to various sectors and constitutional branches, which form the structure and hierarchy of power in the United States government. The current constitution was ratified in 1788 after several compromises for power control and sharing in the state, the federal government, and the people. Today, Americans are liberal and hold more powers to support or vote out the government since the constitution provides fundamental principles that protect citizens’ rights and freedoms.

Bibliography

Green, Craig. “United/States: A Revolutionary History of American Statehood.” Michigan Law Review, no. 119.1 (2020): 1.

Kay, Richard S. “Formal and Informal Amendment of the United States Constitution.” The American Journal of Comparative Law 66, no. suppl_1 (2018): 243–68.

Chemerinsky, Erwin. Constitutional Law: Principles and Policies. New York: Wolters Kluwer, 2019.

Footnotes

1. Craig Green, “United/States: A Revolutionary History of American Statehood,” Michigan Law Review, no. 119.1 (2020).
2. Ibid 1.
3. Ibid 1.
4. Richard S Kay, “Formal and Informal Amendment of the United States Constitution,” The American Journal of Comparative Law 66, no. suppl_1 (2018): p. 260.
5. Ibid 4.
6. Craig Green, “United/States: A Revolutionary History of American Statehood,” Michigan Law Review, no. 119.1 (2020).
7. Richard S Kay, “Formal and Informal Amendment of the United States Constitution,” The American Journal of Comparative Law 66, no. suppl_1 (2018): p. 267.
8. Kay, “Formal and Informal Amendment of the United States” p. 267.
9. Erwin Chemerinsky, Constitutional Law: Principles and Policies (New York: Wolters Kluwer, 2019), p. 35.
10. Kay, “Formal and Informal Amendment of the United States” p. 266.
11. Chemerinsky, Constitutional Law.
12. Kay, “Formal and Informal Amendment of the United States” p. 268.
13. Craig Green, “United/States: A Revolutionary History of American Statehood,” Michigan Law Review, no. 119.1 (2020).
14. Ibid 13.