12. Discuss the formation and the main aspects of the Constitution of the United States.
Constitution of the United States of America
the fundamental law of the U.S. federal system of government and a landmark
document of the Western world
the oldest written national constitution
the Constitution defines the principal organs of government and their jurisdictions and
the basic rights of citizens
it has proved to be both stable and flexible enough to survive and remain effective
three main function:
1. creates a national government consisting of a legislative, an executive, and a
judicial branch, with a system of checks and balances among the three branches
2. divides power between the federal government and the states
3. protects various individual liberties of American citizens
Constitutional Convention
the Constitution was written during the summer of 1787 in Philadelphia, Pennsylvania
by 55 delegates from 12 states
Washington presided over Convention and was 1st to sign the Constitution
The Constitution was the product of political compromise after long debates over
issues such as states’ rights, representation, and slavery debates
o (number of representatives → the same for each state vs. depending on a
state’s population
o controversies over the slave trade)
The authors of the Constitution
The main authors of the Constitution were James Madison, Alexander Hamilton, and
John Jay.
o Madison is often called the "Father of the Constitution" because of his
contributions to the drafting process. He was the primary author of the Virginia
Plan, which served as the basis for much of the Constitution.
The authors were heavily influenced by the country’s experience under the Articles of
Confederation
o an agreement among the 13 original states of the United States of America that
serves as its first constitution
o aim: retain independence and sovereignty for the states
The doctrine of legislative, executive, and judicial separation of powers, the checks
and balances and the explicit guarantees of individual liberty were all designed to
strike a balance between authority and liberty—the central purpose of American
constitutional law.
Great Compromise:
created bicameral legislature with a Senate → all states would be equally represented
House of Representatives → representation would be based on a state’s free
population plus three-fifths of its enslaved population (three-fifths compromise)
The new Constitution was signed by 39 delegates on September 17, 1787.
Separation of Powers
The Constitution of the United States divides the federal government into three
branches to make sure no individual or group will have too much power
o Legislative—Makes laws (Congress, comprised of the House of
Representatives and Senate)
o Executive—Carries out laws (president, vice president, Cabinet, most federal
agencies)
o Judicial—Evaluates laws (Supreme Court and other courts)
Each branch of government can change acts of the other branches:
o The president can veto legislation created by Congress.
o Congress confirms or rejects the president's nominees and can remove the
president from office in exceptional circumstances.
o The Justices of the Supreme Court are nominated by the president and
confirmed by the Senate.
Executive Branch
The president- head of the state and head of the government
first president election: 1789, George Washington
elections are held in every 4 year
president: must be at least 35 years old, be a natural born citizen, must have lived in
the US for at least 14 years
president is not directly elected by the people → the people elect the members of the
Electoral College → these Electors can vote for pres.
46 pres. in the US history (now, Joe Biden)
live in the White House in Washington
is given responsibilities common to chief executives, including serving as Commander
in Chief of the armed forces, negotiating treaties and granting pardons
prohibited that any person from being president more than twice
responsible for implementing and enforcing the laws written by Congress
Judicial Branch- The Court
the Constitution is interpreted by the court (the Supreme Court of the United States)
members are appointed by the pres., confirmed by the senate
make appeals from citizens, courts and states
make principal judgements
ensure jury trials
uphold the constitution
federal judges can only be removed through impeachment by the House of
Representatives and conviction in the Senate
judges serve no fixed term
The legislative branch, The Congress
The House of Representatives + The Senate = Congress
enact legislation
can declare war
has responsibility for naturalization laws and ratifying treaties
must assemble at least once each year
establishment of an annual budget for the government
levies taxes and tariffs
The House of Representatives
is made up 435 elected members
based on the population of the states
members of the House are elected every two years
must be 25 years of age, a US citizen for at least seven year
powers: the power to initiate revenue bills, impeach federal officials
The Senate
100 senators, 2 for each state
elected to six years terms by the people of each state
one-third of Senate can be re-elected every two years
must be 30 years of age, US citizen for at least nine years
confirm the President’s appointments, ratify treaties
legislation: both House and Senate must pass the same bill by majority vote
The Bill of Rights
It refers to the first ten amendments to the United States Constitution.
It was created to ensure individual freedoms and limit the power of the federal
government. These amendments were proposed by James Madison and were ratified
by the states on December 15, 1791.
They guarantee fundamental rights such as freedom of speech, religion, and the press,
as well as the right to bear arms, the right to a fair trial, and protection against
unreasonable searches, among others.
