Thursday, September 17, 2009

Happy Constitution Day - The U.S.'s REAL birthday

222 years ago, on September 17th, 1787, the Constitution of the United States was adopted by the Constitutional Convention in Philadelphia. After it was later ratified by the states, the US Constitution became the supreme law of the land. Our government was officially formed and the United States of America, as we know it, was born.

Our Constitution holds the distinction of being the oldest working constitution in the world today. The runner-up is Norway, whose present constitution was adopted in 1815. (Some argue that Greece's Mega Ritra of Hios - from the 8th century - is the oldest, but it's not their supreme law.)

The US Constitution is also the shortest working constitution in the world, having only 4400 words.

Do you know how each part of the Constitution works - what each Article does?

The Preamble (which, of course, we all remember from history and government class, right?) sets forth the "why" of the Constitution. In today's terms, we might call it a "mission statement." It has no legal force, however. In other words, you can't present a defense in court claiming that your Constitutional rights under the Preamble have been violated.

The Preamble states:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Brief. Direct. Powerful. I wish I'd been a fly on the wall at the Constitutional Convention.

The "meat and potatoes" of the Constitution goes on to set up the structure of our federal government. This framework is still in action today.

Article I sets up the legislative branch... our congress. It splits the legislative body into 2 houses: the Senate and the House of Representatives. It then goes on to tell what specific powers the legislature has, as well as list its limitations. It also puts a few limits on the individual states, so that they can't overstep federal authority when it comes to things like printing their own money or declaring war.

Article II establishes the executive branch... the presidency. It tells how the president is to be elected, sets forth the president's powers and limitations. It also spells out the impeachment process - how to remove a president from power.

Article III outlines the judicial branch... the court system. It tells about judicial powers and limitations. It explains what kinds of cases the federal courts may hear. It guarantees trial by jury for criminal cases. It also defines the crime of treason in no uncertain terms.

Article IV describes the relationship between the states and the federal government, as well as the states amongst themselves.

Article V explains how to make changes to the Constitution - through amendments.

Article VI contains the Supremacy Clause, which declares the Constitution to be the supreme law of the land. It mandates that all federal officer, judges, and officials take oaths or affirmations in support of the Constitution. It also states that "no religious test shall ever be required as a Qualification to any Office or public Trust under the United States".

Article VII sets forth the process of ratifying the Constitution.

4400 words. Seven articles. Twenty-seven amendments. 222 years.

Say what you will about our government, but the original framework still stands. It still works.

You can read it here. You might be surprised. You might gain a new understanding of "the system."

3 comments:

  1. Bravo!

    That's why your blog is so great. I just found out it was Constitution day when I turned on the radio on the way to work this morning, but you, you have all your ducks in a row to post a very factual and informative blog entry about it. Most of this I already knew, but I did not realize the fact that our Constitution was the oldest working constitution in the world, so your entry was informative also! Well done.

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  2. A very awesome blog and one of the few I've read that actually are saying something about the birth of our Constitution which is the foundation of our Republic.

    I wish kids would spend more time learning about how the Constitution works instead of schools forcefeeding them about China's government or the revolutionary tactics of Che'.

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  3. Great minds think alike, once again! ;-) Bravo for celebrating an important day with a simple, informative post!

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