1 The Constitution and Its Principles

From the Articles to a new Constitution

After declaring independence, the states formed a national government under the Articles of Confederation, which took effect in 1781. It established a loose union centered on a single Congress, but the national government had limited ability to raise revenue or carry out its decisions. Changing the Articles required unanimous approval from the states, and these difficulties led many leaders to seek a stronger national framework.

Delegates met in Philadelphia in 1787 with the official purpose of revising the Articles, but instead drafted a new Constitution. They had to reconcile competing interests, including those of large and small states. The Great Compromise created a two-house Congress: representation in the House would reflect state populations, while each state would have equal representation in the Senate. The delegates signed the Constitution on September 17, 1787. It took effect after conventions in nine states ratified it, as the Constitution required.

Principles that organize government

The Constitution establishes a government whose authority is granted and limited by law. Its principles work together to organize public power, represent the people, and set boundaries on government authority.

• Popular sovereignty: Government derives its authority from the people. The Preamble expresses this idea in the words “We the People.”

• Republican government: People govern through elected representatives rather than exercising national power directly on every issue.

• Limited government and rule of law: Public officials and institutions must act within constitutional authority, and the Constitution is the nation’s supreme law.

• Separation of powers: Federal authority is divided among legislative, executive, and judicial branches.

• Checks and balances: Each branch has constitutional means to restrain the others, helping prevent power from gathering in one place.

• Federalism: Authority is divided between the national government and the states. The Constitution grants specific powers to the federal government, while states retain broad responsibilities.

These principles can operate together in a single policy dispute. Congress may pass a law within its constitutional powers, the President may veto it, Congress may override the veto, and courts may assess whether the law is constitutional.

The Constitution’s structure

The Constitution begins with the Preamble, which states the purposes of the new government. It is followed by seven Articles that establish the government’s institutions, address relations among states, and set rules for the Constitution’s authority and adoption.

• Article I establishes Congress and its legislative powers.

• Article II establishes the presidency and executive powers.

• Article III establishes the federal judiciary.

• Article IV addresses relations among the states and between the states and the federal government.

• Article V sets out the amendment process.

• Article VI establishes the Constitution and federal law as supreme and addresses obligations inherited from the prior government.

• Article VII sets out the Constitution’s original ratification process.

The Constitution also has 27 amendments. The first ten, known as the Bill of Rights, protect rights and liberties. Later amendments have addressed slavery, citizenship, voting, presidential terms, and the federal income tax. Together, the Articles and amendments provide a framework for government while setting boundaries on its authority.

How constitutional amendments are made

Article V makes formal change possible but deliberately difficult. An amendment can be proposed in either of two ways:

1. Two-thirds of the House of Representatives and the Senate vote to propose it.

2. Congress calls a convention after two-thirds of state legislatures apply for one.

A proposed amendment must then be ratified by three-fourths of the states. Congress chooses whether ratification occurs through state legislatures or state conventions. The convention method for proposing an amendment has never been used; all 27 amendments were proposed by Congress. The President has no formal role in this process.

This demanding procedure distinguishes constitutional amendments from ordinary laws, which can be passed and changed through the regular legislative process. It allows the Constitution to adapt while requiring broad agreement across the country before its fundamental rules change.