The Constitution established the National government and fundamental laws, it also guaranteed basic rights for American citizens. The national government started out as weak, and the states operated like independent countries. In 1787, there was a Constitutional Convention that was requested by Congress to amend the Articles of Confederation. The convention opened in Philadelphia, in what we now call the Independence Hall. All 13 states were represented by 55 well-educated delegates, except for Rhode Island that refused to send representatives because they meant that the government should not be interfering in its economic business.
The delegates were tasked by Congress to amend the Articles of Confederation, but they soon began proposing a new form of government. Delegating a plan for a stronger federal government, they ended up with dividing it into three branches: the executive, judicial and legislative branch. None of the branches were supposed to have more power than the others – the system of checks and balances.
Five members were chosen to the Committee of Style, that drafted the Constitution. This draft was signed on September 17, by George Washington – president of the convention. Out of 55 delegates, a total of 39 signed the document: some had already left, while some refused to approve it. In order for it to become law, nine out of thirteen states had to ratify it, which started a journey to persuade to ratification. “The Federalist” was the collection of the 85 essays written to explain how the new government would work. On June 21st, 1788, the ninth state ratified the document and the US Constitution government would begin on March 4, 1789. April 30th, 1789, George Washington became the very first President of the United States of America. In September 1789, 12 amendments were sent for ratification, 10 of these were ratified – the Bill of Rights.
The Bill of Rights are the ten first amendments in the US Constitution and guarantees individuals certain basic protections as citizens. The 1stAmendment is called “Freedom of Religion, Speech, and the Press”, it protects the right to express ideas through speech and press, assemble and gather to protest or for other reasons, and to religious beliefs and practices. The 2ndAmendment is called “Right to Bear Arms” because Americans feel like they need the right to keep and bear arms to have a well-regulated militia. The 3rdAmendment is called “Quartering Soldiers”, where soldiers are not allowed to be quartered in a house without the owner’s consent. The 4thAmendment “Search and Seizure” is the right to protection against unreasonable searches and seizures. The 5thAmendment is called “Grand Jury, Double Jeopardy, Self Incrimination, Due Process, Takings” and protects people accused of crimes, and serious charges must be started by a grand jury, cannot be tried twice for the same offense or property taken away without just compensation. Self incrimination is protected against, and one cannot be imprisoned without due process of law. “Right to Speedy Trial by Jury, Witnesses, Counsel” is the 6thAmendment, and is additional protections for people accused of crimes. A speedy and public trial, and a trial by an impartial jury are also rights to the accused one. The 7thAmendment extends the right to a jury trial and is called “Jury Trial in Civil Lawsuits”. The 8thAmendment is called “Excessive Fines, Cruel and Unusual Punishment”, and protects from excessive bail, fines, and cruel and unusual punishment. “Non-Enumerated Rights Retained by People” is the 8thAmendment, and states that the citizens have other rights that are not written. The last amendment of the Bill of Rights is called “Rights Reserved to States or People” and says that the Federal Government only has those powers delegated in the US Constitution. In addition to these 10 amendments, there are 17 others that were added to the Constitution later on.
The 19thAmendment was passed by Congress in June, 1919, and gave women the right to vote. This is an important amendment, a revolution needed for women in the US, they were now finally a part of deciding how the country should be. Women could finally feel like they were a part of the society, as there was no longer a need to have a property to vote, at least in most states.
To change the Constitution is a long, and almost impossible process.: it has to go through both houses with a two-thirds majority vote, or two-thirds of the State legislatures can ask Congress for a national convention to propose amendments. This is explained in Article V in the US Constitution.
The Supreme Court
In the US, the highest court is called the Supreme Court, and plays a significant role in the constitutional system. It ensures that each branch in the government doesn’t exceed its power. It also protects civil rights and liberties and protects minorities by limiting the democratic government. The Supreme Court impacts everyone in the country, not just lawyers and judges.
The Supreme Court sanctioned segregation during Plessy v. Ferguson in 1896, which definitely made an impact on the Constitution. Segregation was still a problem, because the only thing the Supreme Court did here, was saying that people are “separate but equal”. An example of this being challenged was when The National Association for the Advancement of Colored People disagreed with this ruling. They made the Supreme Court declare that separation is not equal. This was the most important example of the Supreme Court’s impact on the Constitution, at least what I think.
Sources:
- History.com Editors. (2009, October 27). Constitution. Retrieved November 11, 2019, from https://www.history.com/topics/united-states-constitution/constitution.
- The 10th Amendment of the U.S. Constitution. (n.d.). Retrieved November 11, 2019, from https://constitutioncenter.org/interactive-constitution/amendment/amendment-x.
- The Bill of Rights: What Does it Say? (2016, October 12). Retrieved November 11, 2019, from https://www.archives.gov/founding-docs/bill-of-rights/what-does-it-say.
Salome Røssevold 