II Constitution of the United States

What Is a Constitution?

A constitution is a set of rules for a country. It defines how the country should be run and how new rules should be made. Constitution of the United States has been the supreme law of the nation since 1788. It is the oldest constitution still in effect in the world and created the American system of government. Drafted at the Constitutional Convention in Philadelphia, the Constitution calls for a government of limited and delegated powers. It opens with these three words:“We, the people...”

US Constitution

How Was the Constitution Born?

The peace treaty of 1783 recognized the independence of the United States and the former 13 British colonies along the east coast of the Atlantic became 13 states of the new nation. Although the Declaration of Independence proclaimed that 13 united colonies were free and independent states, they were not very clear about the future political system of the US and the relationships between the states and the government of the new nation. A constitution was badly needed.

The United States Constitution was written in 1787, four years after America won its independence from Great Britain. The Constitution established the framework for the Federal Government and guarantees rights, freedom and justice to all. It was sent to the Congress of Confederation（邦联）for approval and then sent to the states for ratification（批准）. In 1788, after nine states ratified it, the Constitution became the law of the land. By May 29,1790, all 13 states had ratified the Constitution. The First US Congress drafted 12 amendments, from which the states ratified 10. Those 10 amendments became known as the Bill of Rights. In the Bill of Rights,Americans are guaranteed freedom of religion, of speech, of the press and freedom to protest against government policies. They have the right to assemble in public places, to protest government actions and to demand change. They have the right to own weapons if they wish. The Bill of Rights guarantees Americans the right to a fair and speedy trial if accused of a crime.

Before the ratification of the Constitution, the states were governed under the Articles of Confederation（邦联条例）, which served as a constitution. Under the articles, the central government was much weaker than the state governments. The men who drafted the Constitution favored a stronger central government. In the preamble（导言）to the Constitution, in which they stated their principles and purposes, the Founders recognized the United States as a government of the people, not of the states. They saw their purpose as forming“a more perfect Union, ”which, along with promoting the“general welfare, ”would secure“the Blessings of Liberty to ourselves and our Posterity（后代）.”

The Contents of the Constitution

The Constitution defines the powers of the US Congress, President, and federal courts. Just as important, the Constitution lays out the rights and freedoms of all American citizens in the Bill of Rights.

The Constitution gives the LEGISLATIVE（立法）power to the Congress, which consists of the Senate（参议院）and the House of Representatives（众议院）. The Congress has the power to make any laws that are considered “necessary and proper.” The Constitution gives the EXECUTIVE（行政）power to the President alone. All the executive departments and independent agencies are responsible to the President. And the federal courts have the JUDICIAL（司法）power. Each branch can limit the other branches from gaining too much power. This division of authority is known as a system of checks and balances（制衡）, and it ensures that none of the branches of government can dominate the others. The Constitution also establishes and limits the authority of the federal government over the states and spells out freedoms and liberties for US citizens.

Two overall ideas shape the Constitution. First, America is a democracy. In a democracy, the people have the ultimate power over government because they elect the leaders. Second, no government official is above the law. There are mainly four parts of the constitution spirit. They are the authority power of the law; the separation of the power; the check and balance of each branch; and the right of the people. Under the Constitution, each state has its own government. There is also a federal government for the whole country. The Constitution states what powers each one has.

The ultimate strength of the US Constitution is that it not only establishes a government, but it establishes a government which, to use Thomas Jefferson's words, can“govern itself.”In other words, the document not only lets all people know the limits of the government's power, but, the system of checks and balances that it has created ensures that these limits will be obeyed. The Constitution plays a role in virtually every aspect of life in the United States.

How Is the Constitution Changed?

The Constitution can be changed, but not easily. Each change is called an amendment（修正案）. Congress generally suggests amendments, though states can suggest them, too. Two-thirds of Congress must approve an amendment. After that, three-fourths of the states must say yes to it. Only then is an amendment added to the Constitution. The Constitution now has 27 amendments, of which only 25 are active and new ones may still be added. That is why people sometimes call the Constitution a“living document.”