imtoken官方正版安卓版|constitution

作者： imtoken官方正版安卓版

2024-03-09 20:29:44

CONSTITUTION中文(简体)翻译：剑桥词典

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constitution 在英语-中文（简体）词典中的翻译

constitutionnoun [ C ] uk

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/ˌkɒn.stɪˈtʃuː.ʃən/ us

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/ˌkɑːn.stəˈtuː.ʃən/

constitution noun [C]

(LAWS)

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C1 the set of political principles by which a state or organization is governed, especially in relation to the rights of the people it governs

宪法;章程

Britain has no written constitution.

英国没有成文宪法。

the Constitution of the United States

《美国宪法》

Under (= as part of) the union constitution, a new committee is elected each year.

根据工会章程，委员会必须每年改选一次。

更多范例减少例句Clause 4 of the constitution is thought to be the most important section.Until the constitution is amended, the power to appoint ministers will remain with the president.When he suspended the constitution and dissolved Congress, he had the imprimatur of the armed forces.East and West Germany united under article 23 of the Bonn constitution.The drafting of a new constitution cannot be a monopoly of the white minority regime .

constitution noun [C]

(HEALTH)

C2 the general state of someone's health

体质，体格

He has a very strong constitution.

他体格很强壮。

constitution noun [C]

(PARTS)

how something is made up of different parts

组成;构成;结构;构造

the constitution of a chemical compound

化合物的结构

(constitution在剑桥英语-中文（简体）词典的翻译 © Cambridge University Press)

constitution的例句

constitution

Also, the constitutions seem to have been interpreted incorrectly, for the significance of ' naturalization ' has not, to my knowledge, been examined.

来自 Cambridge English Corpus

To prevent the recurrence of such defaults, states rewrote their constitutions to sharply limit the debt they could incur.

来自 Cambridge English Corpus

Local units and their particularistic features must be well protected, to maintain their popularly based constitutions in the face of continued centripetal forces.

来自 Cambridge English Corpus

Traditionally, institutionalism used to be in in-depth study of formal structures and constitutions, but the new institutionalist wave is different from the old approach.

来自 Cambridge English Corpus

Unfortunately, the political dimension of constitutions has increasingly given way to a reliance on judicial mechanisms.

来自 Cambridge English Corpus

Ideological conflicts were largely along class, not ethnic, lines, and the ruling elites, backed by adaptable constitutions, could accommodate and institutionalise conflict.

来自 Cambridge English Corpus

Most constitutions have been democratically enacted and largely derive their legitimacy from that fact.

来自 Cambridge English Corpus

Furthermore, constitutions are difficult for citizens to evaluate, so they often look to political elites for information and opinions.

来自 Cambridge English Corpus

示例中的观点不代表剑桥词典编辑、剑桥大学出版社和其许可证颁发者的观点。

C1,C2

constitution的翻译

中文（繁体）

法律, 憲法, 章程…

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西班牙语

constitución, constitución [feminine], constitución [masculine]…

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葡萄牙语

constituição, constituição [feminine], compleição [feminine]…

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राज्यघटना, प्रकृती…

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anayasa, sağlık, sıhhat…

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constitution [feminine], constitution…

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憲法（けんぽう）, 体力（たいりょく）…

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grondwet, gestel…

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ஒரு அரசு அல்லது அமைப்பு நிர்வகிக்கப்படும் அரசியல் கொள்கைகளின் தொகுப்பு, குறிப்பாக அது ஆளும் மக்களின் உரிமைகள் தொடர்பாக, ஒருவரின் ஆரோக்கியத்தின் பொதுவான நிலை…

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संविधान, किसी के स्वास्थ्य की सामान्य स्थिति…

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બંધારણ, શારીરિક બાંધો…

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grundlov, helbred…

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författning, konstitution, grundlag…

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perlembagaan, resam tubuh…

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die Verfassung, die Natur…

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konstitusjon [masculine], grunnlov [masculine], helse [masculine]…

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آئین, دستور, جسمانی ساخت…

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конституція, основний закон, будова тіла…

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конституция, организм, склад…

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రాజ్యాంగం, ఒకరి ఆరోగ్యం యొక్క సాధారణ స్థితి…

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সংবিধান, কারো স্বাস্থ্যের সাধারণ অবস্থা…

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ústava, tělesná konstituce…

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konstitusi, kondisi…

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รัฐธรรมนูญ, สุขภาพร่างกาย…

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hiến pháp, thể chất…

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konstytucja, zdrowie, budowa…

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constitution是什么意思_constitution的翻译_音标_读音_用法_例句_爱词霸在线词典

titution是什么意思_constitution的翻译_音标_读音_用法_例句_爱词霸在线词典首页翻译背单词写作校对词霸下载用户反馈专栏平台登录constitution是什么意思_constitution用英语怎么说_constitution的翻译_constitution翻译成_constitution的中文意思_constitution怎么读,constitution的读音,constitution的用法,constitution的例句翻译人工翻译试试人工翻译翻译全文简明柯林斯牛津constitution高中/CET4/CET6/考研/GRE/TOEFL/IELTS英 [ˌkɒnstɪˈtjuːʃn]美 [ˌkɑːnstɪˈtuːʃn]释义n.宪法，章程; 构造; 体质; 组成点击人工翻译，了解更多人工释义词态变化复数: constitutions;实用场景例句全部建立组成体格宪法According to the constitution…依照宪法…牛津词典to propose a new amendment to the Constitution (= of the US)对（美国）宪法提出一项新的修正案牛津词典the South African Constitution南非宪法牛津词典to have a healthy/strong/weak constitution体质健康 / 强壮 / 虚弱牛津词典the genetic constitution of cells细胞的基因构造牛津词典He recommended the constitution of a review committee.他建议设立审查委员会。牛津词典your right to vote under the constitution根据宪法所拥有的选举权牛津词典The king was forced to adopt a new constitution which reduced his powers.国王被迫采用了削弱其权力的新宪法。柯林斯高阶英语词典...the American Constitution...《美国宪法》柯林斯高阶英语词典He must have an extremely strong constitution...他的体格必定极其强壮。柯林斯高阶英语词典I've always had the constitution of an ox.我一向体壮如牛。柯林斯高阶英语词典My story is based on hard facts.我讲的内容都是以铁一般的事实为基础的.期刊摘选I do not regard the constitution of the U . K . as set in concrete.我认为英国的宪法并非不可改动.《简明英汉词典》He was a man with a sound constitution.他是个体质强健的人.《现代英汉综合大词典》The constitution guards the liberty of people.宪法保障人民的自由.《简明英汉词典》The nation's constitution provided a model that other countries follow.该国的宪法提供了他国效法的模式.《简明英汉词典》The constitution of a primitive society is not necessarily simple.原始社会的结构未必简单.《简明英汉词典》The Constitution also provides that the organs of state must practise democratic centralism.宪法还规定国家机关应实行民主集中制.《现代汉英综合大词典》The same food does not agree with every constitution.同样的食物不一定对每个人的身体都合适.《简明英汉词典》The President has suspended the constitution and assumed total power.总统废止了宪法,独揽大权.《简明英汉词典》The constitution proclaims that public property shall be inviolate.宪法宣告公共财产不可侵犯.《简明英汉词典》He trusted to his strong constitution of recovery.他依靠自己强壮的体格去战胜疾病恢复健康.《简明英汉词典》The Constitution of Canada is modeled upon that of England.加拿大的宪法是仿效英国制定的.《简明英汉词典》These important rights are enshrined in the constitution.这些重要的权利已庄严载入宪法之中.《简明英汉词典》your right to vote under the constitution根据宪法所拥有的选举权《牛津高阶英汉双解词典》He swore an oath promising to uphold and protect the country's laws and constitution.他宣誓捍卫国家的法律与宪法。柯林斯例句The constitution prohibits them from military engagement on foreign soil.宪法禁止他们在外国采取军事行动。柯林斯例句He interpreted the vote as support for the constitution and that is the spin his supporters are putting on the results today.他把这次投票解释为对宪法的支持，这也是他的支持者对今天的投票结果所作的解释。柯林斯例句Brazil says its constitution forbids the private ownership of energy assets.巴西称其宪法禁止个人占有能源资产。柯林斯例句收起实用场景例句真题例句全部考研But on the more important matter of the Constitution,the decision was an 8-0 defeat for the federal government and the states.出自-2013年考研阅读原文New, disruptive technology sometimes demands novel applications of the Constitution’s protections.出自-2015年考研阅读原文Just how much does the Constitution protect your digital data? The Supreme Court will now consider whether police can search the contents of a mobile phone without a warrant if the phone is on or around a person during an arrest.出自-2015年考研阅读原文Citizens still have a right to expect private documents to remain private and protected by the Constitution’s prohibition on unreasonable searches.出自-2015年考研阅读原文But on the more important matter of the Constitution,the decision was an 8-0 defeat for the Administration's effort to upset the balance of power between the federal government and the states.2013年考研真题（英语一）阅读理解 Section ⅡJust how much does the Constitution protect your digital data?2015年考研真题（英语一）阅读理解 Section ⅡThe framers of the Constitution envisioned law as having authority apart from politics.2012年考研真题（英语一）完形填空 Section Ⅰ收起真题例句英英释义Noun1. law determining the fundamental political principles of a government2. the act of forming something;"the constitution of a PTA group last year""it was the establishment of his reputation""he still remembers the organization of the club"3. the way in which someone or something is composed收起英英释义词根词缀词根: stitut=set up/place,表示"建立,放"adj.destitute 贫乏的,穷困的de去掉,没有+stitut建立+e→没有建立→缺乏的n.constitution 构成,构造,组成[方式],成分;体格;宪法constitute[v.组成,构成,形成;设立,建立,任命]+ion表名词→n.构成,构造,组成[方式],成分;体格;宪法destitution 穷困, 缺乏, 贫穷destitute[adj.贫乏的,穷困的]+ion表名词→n.穷困, 缺乏, 贫穷institute 学会,研究所;学院 in内部+stitut建立,放+e→设立institution 公共机构;协会;学校;研究所;制度;惯例institute[n.学会,研究所;学院 v.设立,设置,制定]+ion表名词→n.公共机构;协会;学校;研究所;制度;惯例prostitute 妓女pro前面+stitut建立,放+e→放在路前面prostitution 卖淫prostitute[n.妓女]+ion表名词→n.卖淫restitution 归还,赔偿restitute[v.复原,归还]+ion表名词→n.归还,赔偿substitute 代替者;替身;代用品 sub下面+stitut建立,放+e→在下面放着→代替v.constitute 组成,构成,形成;设立,建立,任命con共同+stitut建立,放+e→放到一起→构成institute 设立,设置,制定in内部+stitut建立,放+e→设立reconstitute 重新组成, 重新设立re重新+constitute组成,构成→v.重新组成, 重新设立restitute 复原,归还re+stitut建立,放+e→放回去→偿还substitute [for]代替,替换sub下面+stitut建立,放+e→在下面放着→代替同义词辨析law, constitution, regulation, code, rule, act这些名词均有"法同，法规"之意。law：普通用词，泛指由最高当局所制订、立法机构所通过的任何成文或不成文的法规或条例。constitution：指治理国家或国家在处理内外政务时所遵循的基本法律和原则；也指规章规则的汇集。regulation：普通用词，指用于管理、指导或控制某系统或组织的规则、规定或原则等。code：指某一阶层或社会所遵守的一整套法典、法规或法则；也可指与某一特殊活动或主题有关的规则。 rule：通常指机关、团体的规章、条例或比赛规则；也指对人行为、方法等所作的规定，还可指习俗所承认的规定。act：指经立法机构通过并由行政管理签署的法案。同义词n.体格,体质,素质bodystrengthhealthbuildnaturephysicalpowerphysiquen.制定,设立institutionfoundationfoundingformationestablishmentenactmentn.本质,素质essencenatureidiocrasyquidditydispositiontemperamentmettlestatecharacteridiosyncrasyn.构造,结构,组织成分conformationstructureconstructionorganizationformationcontexturecompositionmakeupn.法规,政体lawsofprinciplesBillcharterbodycodepandectrulesRights其他释义diplomaframeworkbloodformatwayquality行业词典体育体质医学体质，素质：与遗传、生化、生理等有关的个体特征性素质，同时也受后天环境因素的很大影响。参见diathesis， type和genotype 构型：化学上指原子组成分子和其连接方法，此特征能区别一个化合物与其同分异构体。参见configuration 法律宪法宪章释义词态变化实用场景例句真题例句英英释义词根词缀同义词辨析同义词行

Constitution为什么既指“宪法”，也指“饭后百步走” - 知乎

Constitution为什么既指“宪法”，也指“饭后百步走” - 知乎切换模式写文章登录/注册Constitution为什么既指“宪法”，也指“饭后百步走”斜杠自由职业者“Constitution用来指“宪法”，是因为，“宪法”所规定的，是由数以千万计的个人、组成一个国家的过程中、所依据的具体方式，例如，各项根本权利、义务、以及权力的分配。”从2014年起，每年的12月4日是中国的“国家宪法日”。除了中国，世界上很多其它国家，也都有自己的“宪法日”，英文称为Constitution Day。01—来源和英语中的大多数抽象概念一样，Constitution也是源于古罗马的拉丁语。前半部分的Con-，含义是 Together、共同一起，后面的-stitute，源于拉丁语的statuere，意思相当于英语中的Set up，立起来、树立、成立。两部分合并起来，意思就是，由多个个体部分合并起来构成一个整体。02—含义Constitution用来指“宪法”，是因为，“宪法”所规定的，是由数以千万计的个人、组成一个国家的过程中、所依据的具体方式，例如，各项根本权利、义务、以及权力的分配。除了指由无数个人组成一个国家的情形，Constitution也可以指由各个器官构成一个人的身体，表示一个人的身体状况和健康状态，含义接近中文的“体质”。用Constitutional来指“散步锻炼”，就是由此而来。根据欧洲各国的传统医学，散步之类的低强度锻炼，有助于增强人的体质，所以，过去经常在前面加上Constitutional这个形容词。后来，人们开始省略Constitutional所修饰的具体锻炼形式，直接把形容词当作名词使用，用Constitutional来指“散步健身”这种行为。03Constitution和“宪法”中文的“宪法”，是指国家的根本大法。但英语中的Constitution，并不一定是由立法部门通过的“法律”，也不是仅限于“国家”的层面。19世纪时，英国人Walter Bagehot写了一部关于英国政治制度的著作，叫做The English Constitution，论述了人民、政府、和王室等各个部分之间的关系。这本书有时被翻译成《英国宪法》。但实际上，英国从来没有自己的宪法，直到今天也是如此。另外，英语中的Constitution也并不限于“国家”。例如，美国除了有在1787年制订的全国宪法。同时，构成美国的各个州，也都有自己的Constitution，有些州的Constitution，制订时间甚至早于全国的宪法。END.发布于 2019-12-04 15:16赞同 7添加评论分享喜欢收藏申请

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1Background

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1.1First government

1.2Articles of Confederation

2History

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2.11787 drafting

2.2Ratification by the states

3Influences

4Constitution's provisions

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4.1Preamble

4.2Articles

4.2.1Article I — The Legislature

4.2.2Article II — The Executive

4.2.3Article III — The Judiciary

4.2.4Article IV — The States

4.2.5Article V — Amendment Process

4.2.6Article VI — Federal Powers

4.2.7Article VII — Ratification

4.3Closing endorsement

4.4Amendments

4.4.1Safeguards of liberty (Amendments 1, 2, and 3)

4.4.2Safeguards of justice (Amendments 4, 5, 6, 7, and 8)

4.4.3Unenumerated rights and reserved powers (Amendments 9 and 10)

4.4.4Governmental authority (Amendments 11, 16, 18, and 21)

4.4.5Safeguards of civil rights (Amendments 13, 14, 15, 19, 23, 24, and 26)

4.4.6Government processes and procedures (Amendments 12, 17, 20, 22, 25, and 27)

5Unratified amendments

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5.1Pending

5.2Expired

6Judicial review

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6.1Scope and theory

6.2Establishment

6.2.1Self-restraint

6.2.2Separation of powers

6.3Subsequent Courts

7Civic religion

8Worldwide influence

9Criticisms

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9.1Difficult to amend

10Commemorations

11See also

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11.1Related documents

12Notes

13Citations

14Bibliography

15Further reading

16External links

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16.1U.S. government sources

16.2Non-governmental sources

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Constitution of the United States

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Supreme law of the United States since 1789

Constitution of the United StatesPage one of Jacob Shallus' officially engrossed copy of the Constitution signed in Philadelphia by delegates of the Constitutional Convention in 1787[1]OverviewJurisdictionUnited States of AmericaCreatedSeptember 17, 1787PresentedSeptember 28, 1787RatifiedJune 21, 1788Date effectiveMarch 4, 1789(235 years ago) (1789-03-04)[2]SystemFederal presidential republicGovernment structureBranches3ChambersBicameralExecutivePresidentJudiciarySupreme, Circuits, DistrictsFederalismYesElectoral collegeYesEntrenchments2, 1 still activeHistoryFirst legislatureMarch 4, 1789First executiveApril 30, 1789First courtFebruary 2, 1790Amendments27Last amendedMay 5, 1992CitationThe Constitution of the United States of America, As Amended (PDF), July 25, 2007LocationNational Archives Building in Washington, D.C., U.S.Commissioned byCongress of the Confederation in Philadelphia, U.S.Author(s)Philadelphia ConventionSignatories39 of the 55 delegatesMedia typeParchmentSupersedesArticles of ConfederationFull text Constitution of the United States of America at Wikisource

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This article is part of a series on theConstitutionof the United States

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Reading of the United States Constitution of 1787

The Constitution of the United States is the supreme law of the United States.[3] It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the national frame and constrains the powers of the federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world.[4][a]

The drafting of the Constitution, often referred to as its framing, was completed at the Constitutional Convention, which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787.[5] Delegates to the convention were chosen by the state legislatures of 12 of the 13 original states; Rhode Island refused to send delegates.[6] The convention's initial mandate was limited to amending the Articles of Confederation, which had proven highly ineffective in meeting the young nation's needs.[7] Almost immediately, however, delegates began considering measures to replace the Articles.[8] The first proposal discussed, introduced by delegates from Virginia, called for a bicameral (two-house) Congress that was to be elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch.[9] An alternative to the Virginia Plan, known as the New Jersey Plan, also called for an elected executive but retained the legislative structure created by the Articles, a unicameral Congress where all states had one vote.[10]

On June 19, 1787, delegates rejected the New Jersey Plan with three states voting in favor, seven against, and one divided. The plan's defeat led to a series of compromises centering primarily on two issues: slavery and proportional representation.[11][12] The first of these pitted Northern states, where slavery was slowly being abolished, against Southern states, whose agricultural economies depended on slave labor.[13] The issue of proportional representation was of similar concern to less populous states, which under the Articles had the same power as larger states.[14] To satisfy interests in the South, particularly in Georgia and South Carolina, the delegates agreed to protect the slave trade, that is, the importation of slaves, for 20 years.[15] Slavery was protected further by allowing states to count three-fifths of their slaves as part of their populations, for the purpose of representation in the federal government, and by requiring the return of escaped slaves to their owners, even if captured in states where slavery had been abolished.[16] Finally, the delegates adopted the Connecticut Compromise, which proposed a Congress with proportional representation in the lower house and equal representation in the upper house (the Senate) giving each state two senators.[17] While these compromises held the Union together and aided the Constitution's ratification, slavery continued for six more decades and the less populous states continue to have disproportional representation in the U.S. Senate and Electoral College.[18][12]

Since the Constitution was ratified in 1789, it has been amended 27 times.[19][20] The first ten amendments, known collectively as the Bill of Rights, offer specific protections of individual liberty and justice and place restrictions on the powers of government within the U.S. states.[21][22] The majority of the 17 later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures. Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to the document. The original U.S. Constitution[23] was handwritten on five pages of parchment by Jacob Shallus.[24]

The first permanent constitution,[b] it is interpreted, supplemented, and implemented by a large body of federal constitutional law and has influenced the constitutions of other nations.

Background

See also: History of the United States Constitution

First government

From September 5, 1774, to March 1, 1781, the Second Continental Congress, convened in Philadelphia in what today is called Independence Hall, functioned as the provisional government of the United States. Delegates to the First Continental Congress in 1774 and then the Second Continental Congress from 1775 to 1781 were chosen largely from the revolutionary committees of correspondence in various colonies rather than through the colonial governments of the Thirteen Colonies.[27]

Articles of Confederation

Main article: Articles of Confederation

The Articles of Confederation and Perpetual Union was the first constitution of the United States.[28] The document was drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and was adopted by the full Congress in mid-November of that year. Ratification by the 13 colonies took more than three years and was completed March 1, 1781. The Articles gave little power to the central government. While the Confederation Congress had some decision-making abilities, it lacked enforcement powers. The implementation of most decisions, including amendments to the Articles, required legislative approval by all 13 of the newly formed states.[29][30]

Despite these limitations, based on the Congressional authority granted in Article 9, the league of states was considered as strong as any similar republican confederation ever formed.[31] The chief problem was, in the words of George Washington, "no money."[32] The Confederated Congress could print money, but it was worthless, and while the Congress could borrow money, it could not pay it back.[32] No state paid its share of taxes to support the government, and some paid nothing. A few states did meet the interest payments toward the national debt owed by their citizens, but nothing greater, and no interest was paid on debts owed foreign governments. By 1786, the United States was facing default on its outstanding debts.[32]

Under the Articles, the United States had little ability to defend its sovereignty. Most of the troops in the nation's 625-man army were deployed facing non-threatening British forts on American soil. Soldiers were not being paid, some were deserting, and others were threatening mutiny.[33] Spain closed New Orleans to American commerce, despite the protests of U.S. officials. When Barbary pirates began seizing American ships of commerce, the Treasury had no funds to pay toward ransom. If a military crisis required action, the Congress had no credit or taxing power to finance a response.[32]

Domestically, the Articles of Confederation was failing to bring unity to the diverse sentiments and interests of the various states. Although the Treaty of Paris in 1783 was signed between Britain and the U.S., and named each of the American states, various states proceeded to violate it. New York and South Carolina repeatedly prosecuted Loyalists for wartime activity and redistributed their lands.[32] Individual state legislatures independently laid embargoes, negotiated directly with foreign authorities, raised armies, and made war, all violating the letter and the spirit of the Articles.

In September 1786, during an inter–state convention to discuss and develop a consensus about reversing the protectionist trade barriers that each state had erected, James Madison questioned whether the Articles of Confederation was a binding compact or even a viable government. Connecticut paid nothing and "positively refused" to pay U.S. assessments for two years.[34] A rumor at the time was that a seditious party of New York legislators had opened a conversation with the Viceroy of Canada. To the south, the British were said to be openly funding Creek Indian raids on Georgia, and the state was under martial law.[35] Additionally, during Shays' Rebellion (August 1786 – June 1787) in Massachusetts, Congress could provide no money to support an endangered constituent state. General Benjamin Lincoln was obliged to raise funds from Boston merchants to pay for a volunteer army.[36]

Congress was paralyzed. It could do nothing significant without nine states, and some legislation required all 13. When a state produced only one member in attendance, its vote was not counted. If a state's delegation was evenly divided, its vote could not be counted towards the nine-count requirement.[37] The Congress of the Confederation had "virtually ceased trying to govern."[38] The vision of a respectable nation among nations seemed to be fading in the eyes of revolutionaries such as George Washington, Benjamin Franklin, and Rufus King. Their dream of a republic, a nation without hereditary rulers, with power derived from the people in frequent elections, was in doubt.[39][40]

On February 21, 1787, the Confederation Congress called a convention of state delegates in Philadelphia to propose revisions to the Articles.[41] Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the Articles of Confederation." The convention was not limited to commerce; rather, it was intended to "render the federal constitution adequate to the exigencies of government and the preservation of the Union." The proposal might take effect when approved by Congress and the states.[42]

History

For a chronological guide, see Timeline of drafting and ratification of the United States Constitution.

1787 drafting

Main articles: Constitutional Convention (United States) and James Madison as Father of the Constitution

Scene at the Signing of the Constitution of the United States on September 17, 1787, a 1940 portrait by Howard Chandler Christy depicting the signing of the Constitution in Philadelphia

On the appointed day, May 14, 1787, only the Virginia and Pennsylvania delegations were present, and the convention's opening meeting was postponed for lack of a quorum.[43] A quorum of seven states met on May 25, and deliberations began. Eventually 12 states were represented, with Rhode Island refusing to participate. Of the 74 delegates appointed by the states, 55 attended.[6] The delegates were generally convinced that an effective central government with a wide range of enforceable powers must replace the weaker Congress established by the Articles of Confederation.

Two plans for structuring the federal government arose at the convention's outset:

The Virginia Plan, also known as the Large State Plan or the Randolph Plan, proposed that the legislative department of the national government be composed of a Bicameral Congress, with both chambers elected with apportionment according to population. Generally favoring the most highly populated states, it used the philosophy of John Locke to rely on consent of the governed, Montesquieu for divided government, and Edward Coke to emphasize civil liberties.[9]

The New Jersey Plan proposed that the legislative department be a unicameral body with one vote per state. Generally favoring the less-populous states, it used the philosophy of English Whigs such as Edmund Burke to rely on received procedure and William Blackstone to emphasize sovereignty of the legislature. This position reflected the belief that the states were independent entities and, as they entered the United States of America freely and individually, remained so.[10]

On May 31, the Convention devolved into the Committee of the Whole, charged with considering the Virginia Plan. On June 13, the Virginia resolutions in amended form were reported out of committee. The New Jersey Plan was put forward in response to the Virginia Plan.

A Committee of Eleven, including one delegate from each state represented, met from July 2 to 16[44] to work out a compromise on the issue of representation in the federal legislature. All agreed to a republican form of government grounded in representing the people in the states. For the legislature, two issues were to be decided: how the votes were to be allocated among the states in the Congress, and how the representatives should be elected. In its report, now known as the Connecticut Compromise (or "Great Compromise"), the committee proposed proportional representation for seats in the House of Representatives based on population (with the people voting for representatives), and equal representation for each State in the Senate (with each state's legislators generally choosing their respective senators), and that all money bills would originate in the House.[45]

The Great Compromise ended the stalemate between patriots and nationalists, leading to numerous other compromises in a spirit of accommodation. There were sectional interests to be balanced by the Three-Fifths Compromise; reconciliation on Presidential term, powers, and method of selection; and jurisdiction of the federal judiciary.

On July 24, a Committee of Detail, including John Rutledge (South Carolina), Edmund Randolph (Virginia), Nathaniel Gorham (Massachusetts), Oliver Ellsworth (Connecticut), and James Wilson (Pennsylvania), was elected to draft a detailed constitution reflective of the resolutions passed by the convention up to that point.[46] The Convention recessed from July 26 to August 6 to await the report of this "Committee of Detail". Overall, the report of the committee conformed to the resolutions adopted by the convention, adding some elements. A twenty-three article (plus preamble) constitution was presented.[47]

From August 6 to September 10, the report of the committee of detail was discussed, section by section and clause by clause. Details were attended to, and further compromises were effected.[44][46] Toward the close of these discussions, on September 8, a Committee of Style and Arrangement, including Alexander Hamilton from New York, William Samuel Johnson from Connecticut, Rufus King from Massachusetts, James Madison from Virginia, and Gouverneur Morris from Pennsylvania, was appointed to distill a final draft constitution from the 23 approved articles.[46] The final draft, presented to the convention on September 12, contained seven articles, a preamble and a closing endorsement, of which Morris was the primary author.[6] The committee also presented a proposed letter to accompany the constitution when delivered to Congress.[48]

The final document, engrossed by Jacob Shallus,[49] was taken up on Monday, September 17, at the convention's final session. Several of the delegates were disappointed in the result, a makeshift series of unfortunate compromises. Some delegates left before the ceremony and three others refused to sign. Of the thirty-nine signers, Benjamin Franklin summed up, addressing the convention: "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them." He would accept the Constitution, "because I expect no better and because I am not sure that it is not the best."[50]

The advocates of the Constitution were anxious to obtain unanimous support of all twelve states represented in the convention. Their accepted formula for the closing endorsement was "Done in Convention, by the unanimous consent of the States present." At the end of the convention, the proposal was agreed to by eleven state delegations and the lone remaining delegate from New York, Alexander Hamilton.[51]

Ratification by the states

Further information: History of the United States Constitution § Ratification of the Constitution

Dates the 13 original U.S. states ratified the Constitution

Within three days of its signing on September 17, 1787, the Constitution was submitted to the Congress of the Confederation, then sitting in New York City, the nation's temporary capital.[52][53][54] The document, originally intended as a revision of the Articles of Confederation, instead introduced a completely new form of government.[55][56][57] While members of Congress had the power to reject it, they voted unanimously on September 28 to forward the proposal to the thirteen states for their ratification.[58][59] Under the process outlined in Article VII of the proposed Constitution, the state legislatures were tasked with organizing "Federal Conventions" to ratify the document. This process ignored the amendment provision of the Articles of Confederation which required unanimous approval of all the states. Instead, Article VII called for ratification by just nine of the 13 states—a two-thirds majority.[60][29][61]

Two factions soon emerged, one supporting the Constitution, the Federalists, and the other opposing it, the so-called Anti-Federalists.[62][63] Over the ensuing months, the proposal was debated, criticized, and expounded upon clause by clause. In the state of New York, at the time a hotbed of anti-Federalism, three delegates from the Philadelphia Convention who were also members of the Congress—Hamilton, Madison, and Jay—published a series of commentaries, now known as The Federalist Papers, in support of ratification.[64][65]

Before year's end, three state legislatures voted in favor of ratification. Delaware was first, voting unanimously 30–0; Pennsylvania second, approving the measure 46–23;[66][67][68] and New Jersey third, also recording a unanimous vote.[69] As 1788 began, Connecticut and Georgia followed Delaware's lead with almost unanimous votes, but the outcome became less certain as leaders in key states such as Virginia, New York, and Massachusetts expressed concerns over the lack of protections for people's rights.[70][71][72][73] Fearing the prospect of defeat, the Federalists relented, promising that if the Constitution was adopted, amendments would be added to secure individual liberties.[74] With that, the anti-Federalists' position collapsed.[75]

On June 21, 1788, New Hampshire became the ninth state to ratify. Three months later, on September 17, Congress adopted the Constitution as the law of the land. It then passed resolutions setting dates for choosing the first senators and representatives, the first Wednesday of January (January 7, 1789); electing the first president, the first Wednesday of February (February 4); and officially starting the new government, the first Wednesday of March (March 4), when the first Congress would convene.[76] As its final act, the Congress of Confederation agreed to purchase 10 square miles from Maryland and Virginia for establishing a permanent capital.

Influences

Further information: History of the United States Constitution

John Locke, author of Two Treatises of Government

The U.S. Constitution was a federal one and was greatly influenced by the study of the Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler.[77][78] The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth century Enlightenment philosophers such as Montesquieu and John Locke[79]

The influence of Montesquieu, Locke, Edward Coke and William Blackstone were evident at the Constitutional Convention. Prior to and during the framing and signing of the Constitution, Blackstone, Hume, Locke and Montesquieu were among the political philosophers most frequently referred to.[80] Historian Herbert W. Schneider held that the Scottish Enlightenment was "probably the most potent single tradition in the American Enlightenment" and the advancement of personal liberties.[81] Historian Jack P. Greene maintains that by 1776 the founders drew heavily upon the Magna Carta and the later writings of "Enlightenment rationalism" and English common law. Of Hume Howe notes that David Hume, an eighteen century Scottish philosopher, was greatly admired by Benjamin Franklin who had studied many of his works while at Edinburgh in 1760. Both embraced the idea that high public officials should receive no salary,[82] and that the lower class was a better judge of character when it came to choosing their representatives.[83]

In his Institutes of the Lawes of England, Coke interpreted Magna Carta protections and rights to apply not just to nobles, but to all British subjects. In writing the Virginia Charter of 1606, he enabled the King in Parliament to give those to be born in the colonies all rights and liberties as though they were born in England. William Blackstone's Commentaries on the Laws of England is considered the most influential books on law in the new republic.[80][84]

Among the most prominent political theorists of the late eighteenth century were Blackstone, Locke, and Montesquieu,[85] all of whom Madison made frequent reference to.[86]

British political philosopher John Locke following the Glorious Revolution of 1688[87] was a major influence expanding on the contract theory of government advanced by Thomas Hobbes, his contemporary.[88] Locke advanced the principle of consent of the governed in his Two Treatises of Government. Government's duty under a social contract among the sovereign people was to serve the people by protecting their rights. These basic rights were life, liberty and property.[89]

Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78. Jefferson, Adams, and Mason were known to read Montesquieu.[90] Supreme Court Justices, the ultimate interpreters of the constitution, have cited Montesquieu throughout the Court's history.[91] (See, e.g., Green v. Biddle, 21 U.S. 1, 1, 36 (1823).United States v. Wood, 39 U.S. 430, 438 (1840).Myers v. United States, 272 U.S. 52, 116 (1926).Nixon v. Administrator of General Services, 433 U.S. 425, 442 (1977).Bank Markazi v. Peterson, 136 U.S. 1310, 1330 (2016).) Montesquieu emphasized the need for balanced forces pushing against each other to prevent tyranny (reflecting the influence of Polybius's 2nd century BC treatise on the checks and balances of the Roman Republic). In his The Spirit of Law, Montesquieu maintained that the separation of state powers should be by its service to the people's liberty: legislative, executive and judicial,[92][93] while also emphasizing that the idea of separation had for its purpose the even distribution of authority among the several branches of government.[94]

The English Bill of Rights (1689) was an inspiration for the American Bill of Rights. Both require jury trials, contain a right to keep and bear arms, prohibit excessive bail and forbid "cruel and unusual punishments".[95] Many liberties protected by state constitutions and the Virginia Declaration of Rights were incorporated into the Bill of Rights.[96] Upon the arrival of the American Revolution, many of the rights guaranteed by the Federal Bill of Rights were recognized as being inspired by English law.[95] A substantial body of thought had been developed from the literature of republicanism in the United States, typically demonstrated by the works of John Adams, who often quoted Blackstone and Montesquieu verbatim, and applied to the creation of state constitutions.[97]

While the ideas of unalienable rights, the separation of powers and the structure of the Constitution were largely influenced by the European Enlightenment thinkers, like Montesquieu, John Locke and others,[80][98][99] Benjamin Franklin and Thomas Jefferson still had reservations about the existing forms of government in Europe.[100] In a speech at the Constitutional Convention Franklin stated, "We have gone back to ancient history for models of Government, and examined different forms of those Republics ... And we have viewed modern States all round Europe but find none of their Constitutions suitable to our circumstances."[101] Jefferson maintained, that most European governments were autocratic monarchies and not compatible with the egalitarian character of the American people. In a 1787 letter to John Rutledge Jefferson asserted that "The only condition on earth to be compared with [American government] ... is that of the Indians, where they still have less law than we." In that same letter Jefferson maintained that American government with its Native American features marked a great improvement over the European models.[102]

American Indian history scholars Donald Grinde and Bruce Johansen claim there is "overwhelming evidence" that Iroquois Confederacy political concepts and ideas influenced the U.S. Constitution,[103] and are considered to be the most outspoken supporters of the Iroquois thesis.[104] The idea as to the extent of that influence on the founding, however, varies among historians and has been questioned or criticized by various historians, including Samuel Payne,[105] William Starna, George Hamell,[106] and historian and archaeologist Philip Levy, who claims the evidence is largely coincidental and circumstantial.[107] The most outspoken critic, anthropologist Elisabeth Tooker, claimed the Iroquois influence thesis is largely the product of "white interpretations of Indians" and "scholarly misapprehension".[108][109]

The laws of the Iroquois Confederacy were familiar to founders like James Monroe, Benjamin Franklin and Thomas Jefferson, and is said to have influenced their thinking during the founding era to one degree or another.[110][111][112] John Napoleon Brinton Hewitt, who was born on the Tuscarora Indian Reservation, and was an ethnologist at the Smithsonian Institution's Bureau of Ethnology is often cited by historians of Iroquois history. Hewitt, however, rejected the idea that the Iroquois League had a major influence on the Albany Plan of Union, Benjamin Franklin's plan to create a unified government for the Thirteen Colonies, which was rejected.[108]

Constitution's provisions

The Constitution includes four sections: an introductory paragraph titled Preamble, a list of seven Articles that define the government's framework, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments that have been adopted under Article V (see below).

Preamble

"We the People" in its original edition

Reading of the 1787 United States Constitution

The Preamble, the Constitution's introductory paragraph, lays out the purposes of the new government:[113]

Main article: Preamble to the United States Constitution

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.

The opening words, "We the People", represented a new thought: the idea that the people and not the states were the source of the government's legitimacy.[114][115][116][117][118][119] Coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style, the phrase is considered an improvement on the section's original draft which followed the words We the People with a list of the 13 states.[120][113] In place of the names of the states Morris substituted "of the United States" and then listed the Constitution's six goals, none of which were mentioned originally.[121][122]

Articles

The Constitution's main provisions include seven articles that define the basic framework of the federal government. Articles that have been amended still include the original text, although provisions repealed by amendments under Article V are usually bracketed or italicized to indicate they no longer apply. Despite these changes, the focus of each Article remains the same as when adopted in 1787.

Article I — The Legislature

Main article: Article One of the United States Constitution

Article I describes the Congress, the legislative branch of the federal government. Section 1 reads, "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be a citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, be a citizen for nine years, and live in the state they represent.

Article I, Section 8 enumerates the powers delegated to the legislature. Financially, Congress has the power to tax, borrow, pay debt and provide for the common defense and the general welfare; to regulate commerce, bankruptcies, and coin money. To regulate internal affairs, it has the power to regulate and govern military forces and militias, suppress insurrections and repel invasions. It is to provide for naturalization, standards of weights and measures, post offices and roads, and patents; to directly govern the federal district and cessions of land by the states for forts and arsenals. Internationally, Congress has the power to define and punish piracies and offenses against the Law of Nations, to declare war and make rules of war. The final Necessary and Proper Clause, also known as the Elastic Clause, expressly confers incidental powers upon Congress without the Articles' requirement for express delegation for each and every power. Article I, Section 9 lists eight specific limits on congressional power.

The Supreme Court has sometimes broadly interpreted the Commerce Clause and the Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly allowed by the enumerated powers nor expressly denied in the limitations on Congress. In McCulloch v. Maryland (1819), the Supreme Court read the Necessary and Proper Clause to permit the federal government to take action that would "enable [it] to perform the high duties assigned to it [by the Constitution] in the manner most beneficial to the people,"[123] even if that action is not itself within the enumerated powers. Chief Justice Marshall clarified: "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional."[123]

Article II — The Executive

Main article: Article Two of the United States Constitution

Article II describes the office, qualifications, and duties of the President of the United States and the Vice President. The President is head of the executive branch of the federal government, as well as the nation's head of state and head of government.

Article two is modified by the 12th Amendment, which tacitly acknowledges political parties, and the 25th Amendment relating to office succession. The president is to receive only one compensation from the federal government. The inaugural oath is specified to preserve, protect and defend the Constitution.

The president is the Commander in Chief of the United States Armed Forces, as well as of state militias when they are mobilized. The president makes treaties with the advice and consent of a two-thirds quorum of the Senate. To administer the federal government, the president commissions all the offices of the federal government as Congress directs; and may require the opinions of its principal officers and make "recess appointments" for vacancies that may happen during the recess of the Senate. The president ensures the laws are faithfully executed and may grant reprieves and pardons with the exception of Congressional impeachment. The president reports to Congress on the State of the Union, and by the Recommendation Clause, recommends "necessary and expedient" national measures. The president may convene and adjourn Congress under special circumstances.

Section 4 provides for the removal of the president and other federal officers. The president is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

Article III — The Judiciary

Main article: Article Three of the United States Constitution

Article III describes the court system (the judicial branch), including the Supreme Court. The article describes the kinds of cases the court takes as original jurisdiction. Congress can create lower courts and an appeals process and enacts law defining crimes and punishments. Article Three also protects the right to trial by jury in all criminal cases, and defines the crime of treason.

Section 1 vests the judicial power of the United States in federal courts and, with it, the authority to interpret and apply the law to a particular case. Also included is the power to punish, sentence, and direct future action to resolve conflicts. The Constitution outlines the U.S. judicial system. In the Judiciary Act of 1789, Congress began to fill in details. Currently, Title 28 of the U.S. Code[124] describes judicial powers and administration.

As of the First Congress, the Supreme Court justices rode circuit to sit as panels to hear appeals from the district courts.[c] In 1891, Congress enacted a new system. District courts would have original jurisdiction. Intermediate appellate courts (circuit courts) with exclusive jurisdiction heard regional appeals before consideration by the Supreme Court. The Supreme Court holds discretionary jurisdiction, meaning that it does not have to hear every case that is brought to it.[124]

To enforce judicial decisions, the Constitution grants federal courts both criminal contempt and civil contempt powers. Other implied powers include injunctive relief and the habeas corpus remedy. The Court may imprison for contumacy, bad-faith litigation, and failure to obey a writ of mandamus. Judicial power includes that granted by Acts of Congress for rules of law and punishment. Judicial power also extends to areas not covered by statute. Generally, federal courts cannot interrupt state court proceedings.[124]

Clause 1 of Section 2 authorizes the federal courts to hear actual cases and controversies only. Their judicial power does not extend to cases that are hypothetical, or which are proscribed due to standing, mootness, or ripeness issues. Generally, a case or controversy requires the presence of adverse parties who have some interest genuinely at stake in the case.[d]

Clause 2 of Section 2 provides that the Supreme Court has original jurisdiction in cases involving ambassadors, ministers, and consuls, for all cases respecting foreign nation-states,[125] and also in those controversies which are subject to federal judicial power because at least one state is a party. Cases arising under the laws of the United States and its treaties come under the jurisdiction of federal courts. Cases under international maritime law and conflicting land grants of different states come under federal courts. Cases between U.S. citizens in different states, and cases between U.S. citizens and foreign states and their citizens, come under federal jurisdiction. The trials will be in the state where the crime was committed.[124]

No part of the Constitution expressly authorizes judicial review, but the Framers did contemplate the idea, and precedent has since established that the courts could exercise judicial review over the actions of Congress or the executive branch. Two conflicting federal laws are under "pendent" jurisdiction if one presents a strict constitutional issue. Federal court jurisdiction is rare when a state legislature enacts something as under federal jurisdiction.[e] To establish a federal system of national law, considerable effort goes into developing a spirit of comity between federal government and states. By the doctrine of 'Res judicata', federal courts give "full faith and credit" to State Courts.[f] The Supreme Court will decide Constitutional issues of state law only on a case-by-case basis, and only by strict Constitutional necessity, independent of state legislators' motives, their policy outcomes or its national wisdom.[g]

Section 3 bars Congress from changing or modifying Federal law on treason by simple majority statute. This section also defines treason as an overt act of making war or materially helping those at war with the United States. Accusations must be corroborated by at least two witnesses. Congress is a political body, and political disagreements routinely encountered should never be considered as treason. This allows for nonviolent resistance to the government because opposition is not a life or death proposition. However, Congress does provide for other lesser subversive crimes, such as conspiracy.[h]

Article IV — The States

Main article: Article Four of the United States Constitution

Article IV outlines the relations among the states and between each state and the federal government. In addition, it provides for such matters as admitting new states and border changes between the states. For instance, it requires states to give "full faith and credit" to the public acts, records, and court proceedings of the other states. Congress is permitted to regulate the manner in which proof of such acts may be admitted. The "privileges and immunities" clause prohibits state governments from discriminating against citizens of other states in favor of resident citizens. For instance, in criminal sentencing, a state may not increase a penalty on the grounds that the convicted person is a non-resident.

It also establishes extradition between the states, as well as laying down a legal basis for freedom of movement and travel among the states. Today, this provision is sometimes taken for granted, but in the days of the Articles of Confederation, crossing state lines was often arduous and costly. The Territorial Clause gives Congress the power to make rules for disposing of federal property and governing non-state territories of the United States. Finally, the fourth section of Article Four requires the United States to guarantee to each state a republican form of government and to protect them from invasion and violence.

Article V — Amendment Process

Main article: Article Five of the United States Constitution

Article V outlines the process for amending the Constitution. Eight state constitutions in effect in 1787 included an amendment mechanism. Amendment-making power rested with the legislature in three of the states, and in the other five it was given to specially elected conventions. The Articles of Confederation provided that amendments were to be proposed by Congress and ratified by the unanimous vote of all 13 state legislatures. This proved to be a major flaw in the Articles, as it created an insurmountable obstacle to constitutional reform. The amendment process crafted during the Philadelphia Constitutional Convention was, according to The Federalist No. 43, designed to establish a balance between pliancy and rigidity:[126][better source needed]

It guards equally against that extreme facility which would render the Constitution too mutable; and that extreme difficulty which might perpetuate its discovered faults. It moreover equally enables the General and the State Governments to originate the amendment of errors, as they may be pointed out by the experience on one side, or on the other.

There are two steps in the amendment process. Proposals to amend the Constitution must be properly adopted and ratified before they change the Constitution. First, there are two procedures for adopting the language of a proposed amendment, either by (a) Congress, by two-thirds majority in both the Senate and the House of Representatives, or (b) national convention (which shall take place whenever two-thirds of the state legislatures collectively call for one). Second, there are two procedures for ratifying the proposed amendment, which requires three-fourths of the states' (presently 38 of 50) approval: (a) consent of the state legislatures, or (b) consent of state ratifying conventions. The ratification method is chosen by Congress for each amendment.[127] State ratifying conventions were used only once, for the Twenty-first Amendment.[128]

Presently, the Archivist of the United States is charged with responsibility for administering the ratification process under the provisions of 1 U.S. Code § 106b. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each Governor. Each Governor then formally submits the amendment to their state's legislature. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action. Ratification documents are examined by the Office of the Federal Register for facial legal sufficiency and an authenticating signature.[129]

Article Five ends by shielding certain clauses in the new frame of government from being amended. Article One, Section 9, Clause 1 prevents Congress from passing any law that would restrict the importation of slaves into the United States prior to 1808, plus the fourth clause from that same section, which reiterates the Constitutional rule that direct taxes must be apportioned according to state populations. These clauses were explicitly shielded from Constitutional amendment prior to 1808. On January 1, 1808, the first day it was permitted to do so, Congress approved legislation prohibiting the importation of slaves into the country. On February 3, 1913, with ratification of the Sixteenth Amendment, Congress gained the authority to levy an income tax without apportioning it among the states or basing it on the United States Census. The third textually entrenched provision is Article One, Section 3, Clauses 1, which provides for equal representation of the states in the Senate. The shield protecting this clause from the amendment process ("no state, without its consent, shall be deprived of its equal Suffrage in the Senate") is less absolute but it is permanent.

Article VI — Federal Powers

Main article: Article Six of the United States Constitution

Article VI establishes that the Constitution and all federal laws and treaties made in accordance with it have supremacy over state laws, and that "the judges in every state shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding." It validates national debt created under the Articles of Confederation and requires that all federal and state legislators, officers, and judges take oaths or affirmations to support the Constitution. This means that the states' constitutions and laws should not conflict with the laws of the federal constitution and that in case of a conflict, state judges are legally bound to honor the federal laws and constitution over those of any state. Article Six also states "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

Article VII — Ratification

Main article: Article Seven of the United States Constitution

Article VII describes the process for establishing the proposed new frame of government. Anticipating that the influence of many state politicians would be Antifederalist, delegates to the Philadelphia Convention provided for ratification of the Constitution by popularly elected ratifying conventions in each state. The convention method also made it possible that judges, ministers and others ineligible to serve in state legislatures, could be elected to a convention. Suspecting that Rhode Island, at least, might not ratify, delegates decided that the Constitution would go into effect as soon as nine states (two-thirds rounded up) ratified.[130] Each of the remaining four states could then join the newly formed union by ratifying.[131]

Closing endorsement

The signatures in the closing endorsement section of the United States Constitution

The signing of the United States Constitution occurred on September 17, 1787, when 39 delegates endorsed the constitution created during the convention. In addition to signatures, this closing endorsement, the Constitution's eschatocol, included a brief declaration that the delegates' work has been successfully completed and that those whose signatures appear on it subscribe to the final document. Included are a statement pronouncing the document's adoption by the states present, a formulaic dating of its adoption, and the delegates' signatures. Additionally, the convention's secretary, William Jackson, added a note to verify four amendments made by hand to the final document, and signed the note to authenticate its validity.[132]

The language of the concluding endorsement, conceived by Gouverneur Morris and presented to the convention by Benjamin Franklin, was made intentionally ambiguous in hopes of winning over the votes of dissenting delegates. Advocates for the new frame of government, realizing the impending difficulty of obtaining the consent of the states needed to make it operational, were anxious to obtain the unanimous support of the delegations from each state. It was feared that many of the delegates would refuse to give their individual assent to the Constitution. Therefore, in order that the action of the convention would appear to be unanimous, the formula, Done in convention by the unanimous consent of the states present ... was devised.[133][better source needed]

The document is dated: "the Seventeenth Day of September in the Year of our Lord" 1787, and "of the Independence of the United States of America the Twelfth." This two-fold epoch dating serves to place the Constitution in the context of the religious traditions of Western civilization and, at the same time, links it to the regime principles proclaimed in the Declaration of Independence. This dual reference can also be found in the Articles of Confederation and the Northwest Ordinance.[133][better source needed]

The closing endorsement serves an authentication function only. It neither assigns powers to the federal government nor does it provide specific limitations on government action. It does, however, provide essential documentation of the Constitution's validity, a statement of "This is what was agreed to." It records who signed the Constitution, and when and where.[citation needed]

Amendments

See also: List of amendments to the United States Constitution

The United States Bill of Rights, currently housed in the National Archives in Washington, D.C.

The procedure for amending the Constitution is outlined in Article V (see above). The process is overseen by the archivist of the United States. Between 1949 and 1985, it was overseen by the administrator of General Services, and before that by the secretary of state.[129]

Under Article Five, a proposal for an amendment must be adopted either by two-thirds of both houses of Congress or by a national convention that had been requested by two-thirds of the state legislatures.[129] Once the proposal has passed by either method, Congress must decide whether the proposed amendment is to be ratified by state legislatures or by state ratifying conventions. The proposed amendment along with the method of ratification is sent to the Office of the Federal Register, which copies it in slip law format and submits it to the states.[129] To date, the convention method of proposal has never been tried and the convention method of ratification has only been used once, for the Twenty-first Amendment.[127]

A proposed amendment becomes an operative part of the Constitution as soon as it is ratified by three-fourths of the States (currently 38 of the 50 states). There is no further step. The text requires no additional action by Congress or anyone else after ratification by the required number of states.[134] Thus, when the Office of the Federal Register verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the nation's frame of government. This certification is published in the Federal Register and United States Statutes at Large and serves as official notice to Congress and to the nation that the ratification process has been successfully completed.[129]

The Constitution has twenty-seven amendments. Structurally, the Constitution's original text and all prior amendments remain untouched. The precedent for this practice was set in 1789, when Congress considered and proposed the first several Constitutional amendments. Among these, Amendments 1–10 are collectively known as the Bill of Rights, and Amendments 13–15 are known as the Reconstruction Amendments. Excluding the Twenty-seventh Amendment, which was pending before the states for 202 years, 225 days, the longest pending amendment that was successfully ratified was the Twenty-second Amendment, which took 3 years, 343 days. The Twenty-sixth Amendment was ratified in the shortest time, 100 days. The average ratification time for the first twenty-six amendments was 1 year, 252 days; for all twenty-seven, 9 years, 48 days.

The first ten Amendments introduced were referred to as the Bill of Rights which consists of 10 amendments that were added to the Constitution in 1791, as supporters of the Constitution had promised critics during the debates of 1788.[135]

Safeguards of liberty (Amendments 1, 2, and 3)

The First Amendment (1791) prohibits Congress from obstructing the exercise of certain individual freedoms: freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and right to petition. Its Free Exercise Clause guarantees a person's right to hold whatever religious beliefs they want, and to freely exercise that belief, and its Establishment Clause prevents the federal government from creating an official national church or favoring one set of religious beliefs over another. The amendment guarantees an individual's right to express and to be exposed to a wide range of opinions and views. It was intended to ensure a free exchange of ideas, even unpopular ones. It also guarantees an individual's right to physically gather or associate with others in groups for economic, political or religious purposes. Additionally, it guarantees an individual's right to petition the government for a redress of grievances.[136]

The Second Amendment (1791) protects the right of individuals[137][138] to keep and bear arms.[139][140][141][142] The Supreme Court has ruled that this right applies to individuals, not merely to collective militias. It has also held that the government may regulate or place some limits on the manufacture, ownership and sale of firearms or other weapons.[143][144] Requested by several states during the Constitutional ratification debates, the amendment reflected the lingering resentment over the widespread efforts of the British to confiscate the colonists' firearms at the outbreak of the Revolutionary War. Patrick Henry had rhetorically asked, shall we be stronger, "when we are totally disarmed, and when a British Guard shall be stationed in every house?"[145]

The Third Amendment (1791) prohibits the federal government from forcing individuals to provide lodging to soldiers in their homes during peacetime without their consent. Requested by several states during the Constitutional ratification debates, the amendment reflected the lingering resentment over the Quartering Acts passed by the British Parliament during the Revolutionary War, which had allowed British soldiers to take over private homes for their own use.[146]

Safeguards of justice (Amendments 4, 5, 6, 7, and 8)

The Fourth Amendment (1791) protects people against unreasonable searches and seizures of either self or property by government officials. A search can mean everything from a frisking by a police officer or to a demand for a blood test to a search of an individual's home or car. A seizure occurs when the government takes control of an individual or something in the possession of the individual. Items that are seized often are used as evidence when the individual is charged with a crime. It also imposes certain limitations on police investigating a crime and prevents the use of illegally obtained evidence at trial.[147]

The Fifth Amendment (1791) establishes the requirement that a trial for a major crime may commence only after an indictment has been handed down by a grand jury; protects individuals from double jeopardy, being tried and put in danger of being punished more than once for the same criminal act; prohibits punishment without due process of law, thus protecting individuals from being imprisoned without fair procedures; and provides that an accused person may not be compelled to reveal to the police, prosecutor, judge, or jury any information that might incriminate or be used against him or her in a court of law. Additionally, the Fifth Amendment also prohibits government from taking private property for public use without "just compensation", the basis of eminent domain in the United States.[148]

The Sixth Amendment (1791) provides several protections and rights to an individual accused of a crime. The accused has the right to a fair and speedy trial by a local and impartial jury. Likewise, a person has the right to a public trial. This right protects defendants from secret proceedings that might encourage abuse of the justice system, and serves to keep the public informed. This amendment also guarantees a right to legal counsel if accused of a crime, guarantees that the accused may require witnesses to attend the trial and testify in the presence of the accused, and guarantees the accused a right to know the charges against them. In 1966, the Supreme Court ruled that, with the Fifth Amendment, this amendment requires what has become known as the Miranda warning.[149]

The Seventh Amendment (1791) extends the right to a jury trial to federal civil cases, and inhibits courts from overturning a jury's findings of fact. Although the Seventh Amendment itself says that it is limited to "suits at common law", meaning cases that triggered the right to a jury under English law, the amendment has been found to apply in lawsuits that are similar to the old common law cases. For example, the right to a jury trial applies to cases brought under federal statutes that prohibit race or gender discrimination in housing or employment. Importantly, this amendment guarantees the right to a jury trial only in federal court, not in state court.[150]

The Eighth Amendment (1791) protects people from having bail or fines set at an amount so high that it would be impossible for all but the richest defendants to pay and also protects people from being subjected to cruel and unusual punishment. Although this phrase originally was intended to outlaw certain gruesome methods of punishment, it has been broadened over the years to protect against punishments that are grossly disproportionate to or too harsh for the particular crime. This provision has also been used to challenge prison conditions such as extremely unsanitary cells, overcrowding, insufficient medical care and deliberate failure by officials to protect inmates from one another.[151]

Unenumerated rights and reserved powers (Amendments 9 and 10)

The Ninth Amendment (1791) declares that individuals have other fundamental rights, in addition to those stated in the Constitution. During the Constitutional ratification debates Anti-Federalists argued that a Bill of Rights should be added. The Federalists opposed it on grounds that a list would necessarily be incomplete but would be taken as explicit and exhaustive, thus enlarging the power of the federal government by implication. The Anti-Federalists persisted, and several state ratification conventions refused to ratify the Constitution without a more specific list of protections, so the First Congress added what became the Ninth Amendment as a compromise. Because the rights protected by the Ninth Amendment are not specified, they are referred to as "unenumerated". The Supreme Court has found that unenumerated rights include such important rights as the right to travel, the right to vote, the right to privacy, and the right to make important decisions about one's health care or body.[152]

The Tenth Amendment (1791) was included in the Bill of Rights to further define the balance of power between the federal government and the states. The amendment states that the federal government has only those powers specifically granted by the Constitution. These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles or in subsequent constitutional amendments. Any power not listed is, says the Tenth Amendment, left to the states or the people. While there is no specific list of what these "reserved powers" may be, the Supreme Court has ruled that laws affecting family relations, commerce within a state's own borders, abortion, and local law enforcement activities, are among those specifically reserved to the states or the people.[153][154]

Governmental authority (Amendments 11, 16, 18, and 21)

The Eleventh Amendment (1795) specifically prohibits federal courts from hearing cases in which a state is sued by an individual from another state or another country, thus extending to the states sovereign immunity protection from certain types of legal liability. Article Three, Section 2, Clause 1 has been affected by this amendment, which also overturned the Supreme Court's decision in Chisholm v. Georgia (1793)[155][156]

The Sixteenth Amendment (1913) removed existing Constitutional constraints that limited the power of Congress to lay and collect taxes on income. Specifically, the apportionment constraints delineated in Article 1, Section 9, Clause 4 have been removed by this amendment, which also overturned an 1895 Supreme Court decision, in Pollock v. Farmers' Loan & Trust Co., that declared an unapportioned federal income tax on rents, dividends, and interest unconstitutional. This amendment has become the basis for all subsequent federal income tax legislation and has greatly expanded the scope of federal taxing and spending in the years since.[157]

The Eighteenth Amendment (1919) prohibited the making, transporting, and selling of alcoholic beverages nationwide. It also authorized Congress to enact legislation enforcing this prohibition. Adopted at the urging of a national temperance movement, proponents believed that the use of alcohol was reckless and destructive and that prohibition would reduce crime and corruption, solve social problems, decrease the need for welfare and prisons, and improve the health of all Americans. During prohibition, it is estimated that alcohol consumption and alcohol related deaths declined dramatically. But prohibition had other, more negative consequences. The amendment drove the lucrative alcohol business underground, giving rise to a large and pervasive black market. In addition, prohibition encouraged disrespect for the law and strengthened organized crime. Prohibition came to an end in 1933, when this amendment was repealed.[158]

The Twenty-first Amendment (1933) repealed the Eighteenth Amendment and returned the regulation of alcohol to the states. Each state sets its own rules for the sale and importation of alcohol, including the drinking age. Because a federal law provides federal funds to states that prohibit the sale of alcohol to minors under the age of twenty-one, all fifty states have set their drinking age there. Rules about how alcohol is sold vary greatly from state to state.[159]

Safeguards of civil rights (Amendments 13, 14, 15, 19, 23, 24, and 26)

The Thirteenth Amendment (1865) abolished slavery and involuntary servitude, except as punishment for a crime, and authorized Congress to enforce abolition. Though millions of slaves had been declared free by the 1863 Emancipation Proclamation, their post Civil War status was unclear, as was the status of other millions.[160] Congress intended the Thirteenth Amendment to be a proclamation of freedom for all slaves throughout the nation and to take the question of emancipation away from politics. This amendment rendered inoperative or moot several of the original parts of the constitution.[161]

The Fourteenth Amendment (1868) granted United States citizenship to former slaves and to all persons "subject to U.S. jurisdiction." It also contained three new limits on state power: a state shall not violate a citizen's privileges or immunities; shall not deprive any person of life, liberty, or property without due process of law; and must guarantee all persons equal protection of the laws. These limitations dramatically expanded the protections of the Constitution. This amendment, according to the Supreme Court's Doctrine of Incorporation, makes most provisions of the Bill of Rights applicable to state and local governments as well. It superseded the mode of apportionment of representatives delineated in Article 1, Section 2, Clause 3, and also overturned the Supreme Court's decision in Dred Scott v. Sandford (1857).[162]

The Fifteenth Amendment (1870) prohibits the use of race, color, or previous condition of servitude in determining which citizens may vote. The last of three post Civil War Reconstruction Amendments, it sought to abolish one of the key vestiges of slavery and to advance the civil rights and liberties of former slaves.[163]

The Nineteenth Amendment (1920) prohibits the government from denying women the right to vote on the same terms as men. Prior to the amendment's adoption, only a few states permitted women to vote and to hold office.[164]

The Twenty-third Amendment (1961) extends the right to vote in presidential elections to citizens residing in the District of Columbia by granting the District electors in the Electoral College, as if it were a state. When first established as the nation's capital in 1800, the District of Columbia's five thousand residents had neither a local government, nor the right to vote in federal elections. By 1960 the population of the District had grown to over 760,000.[165]

The Twenty-fourth Amendment (1964) prohibits a poll tax for voting. Although passage of the Thirteenth, Fourteenth, and Fifteenth Amendments helped remove many of the discriminatory laws left over from slavery, they did not eliminate all forms of discrimination. Along with literacy tests and durational residency requirements, poll taxes were used to keep low-income (primarily African American) citizens from participating in elections. The Supreme Court has since struck down these discriminatory measures.[166]

The Twenty-sixth Amendment (1971) prohibits the government from denying the right of United States citizens, eighteen years of age or older, to vote on account of age. The drive to lower the voting age was driven in large part by the broader student activism movement protesting the Vietnam War. It gained strength following the Supreme Court's decision in Oregon v. Mitchell (1970).[167]

Government processes and procedures (Amendments 12, 17, 20, 22, 25, and 27)

The Twelfth Amendment (1804) modifies the way the Electoral College chooses the president and vice president. It stipulates that each elector must cast a distinct vote for president and vice president, instead of two votes for president. It also suggests that the president and vice president should not be from the same state. Article II, Section 1, Clause 3 is superseded by this amendment, which also extends the eligibility requirements to become president to the vice president.[168]

The Seventeenth Amendment (1913) modifies the way senators are elected. It stipulates that senators are to be elected by direct popular vote. The amendment supersedes Article 1, Section 3, Clauses 1 and 2, under which the two senators from each state were elected by the state legislature. It also allows state legislatures to permit their governors to make temporary appointments until a special election can be held.[169]

The Twentieth Amendment (1933) changes the date on which a new president, Vice President and Congress take office, thus shortening the time between Election Day and the beginning of Presidential, Vice Presidential and Congressional terms.[170] Originally, the Constitution provided that the annual meeting was to be on the first Monday in December unless otherwise provided by law. This meant that, when a new Congress was elected in November, it did not come into office until the following March, with a "lame duck" Congress convening in the interim. By moving the beginning of the president's new term from March 4 to January 20 (and in the case of Congress, to January 3), proponents hoped to put an end to lame duck sessions, while allowing for a speedier transition for the new administration and legislators.[171]

The Twenty-second Amendment (1951) limits an elected president to two terms in office, a total of eight years. However, under some circumstances it is possible for an individual to serve more than eight years. Although nothing in the original frame of government limited how many presidential terms one could serve, the nation's first president, George Washington, declined to run for a third term, suggesting that two terms of four years were enough for any president. This precedent remained an unwritten rule of the presidency until broken by Franklin D. Roosevelt, who was elected to a third term as president 1940 and in 1944 to a fourth.[172]

The Twenty-fifth Amendment (1967) clarifies what happens upon the death, removal, or resignation of the President or Vice President and how the Presidency is temporarily filled if the President becomes disabled and cannot fulfill the responsibilities of the office. It supersedes the ambiguous succession rule established in Article II, Section 1, Clause 6. A concrete plan of succession has been needed on multiple occasions since 1789. However, for nearly 20% of U.S. history, there has been no vice president in office who can assume the presidency.[173]

The Twenty-seventh Amendment (1992) prevents members of Congress from granting themselves pay raises during the current session. Rather, any raises that are adopted must take effect during the next session of Congress. Its proponents believed that Federal legislators would be more likely to be cautious about increasing congressional pay if they have no personal stake in the vote. Article One, section 6, Clause 1 has been affected by this amendment, which remained pending for over two centuries as it contained no time limit for ratification.[174]

Unratified amendments

Collectively, members of the House and Senate propose around 150 amendments during each two-year term of Congress.[175] Most however, never get out of the Congressional committees in which they are proposed, and only a fraction of those approved in committee receive sufficient support to win Congressional approval and actually enter the constitutional ratification process.

Six amendments approved by Congress and proposed to the states for consideration have not been ratified by the required number of states to become part of the Constitution. Four of these are technically still pending, as Congress did not set a time limit (see also Coleman v. Miller) for their ratification. The other two are no longer pending, as both had a time limit attached and in both cases the time period set for their ratification expired.

Pending

The Congressional Apportionment Amendment (proposed 1789) would, if ratified, establish a formula for determining the appropriate size of the House of Representatives and the appropriate apportionment of representatives among the states following each constitutionally mandated decennial census. At the time it was sent to the states for ratification, an affirmative vote by ten states would have made this amendment operational. In 1791 and 1792, when Vermont and Kentucky joined the Union, the number climbed to twelve. Thus, the amendment remained one state shy of the number needed for it to become part of the Constitution. No additional states have ratified this amendment since. To become part of the Constitution today, ratification by an additional twenty-seven would be required. The Apportionment Act of 1792 apportioned the House of Representatives at 33,000 persons per representative in consequence of the 1790 census. Reapportionment has since been effected by statute.

The Titles of Nobility Amendment (proposed 1810) would, if ratified, strip United States citizenship from any citizen who accepted a title of nobility from a foreign country. When submitted to the states, ratification by thirteen states was required for it to become part of the Constitution; eleven had done so by early 1812. However, with the addition of Louisiana into the Union that year (April 30, 1812), the ratification threshold rose to fourteen. Thus, when New Hampshire ratified it in December 1812, the amendment again came within two states of being ratified. No additional states have ratified this amendment since. To become part of the Constitution today, ratification by an additional twenty-six would be required.

The Corwin Amendment (proposed 1861) would, if ratified, shield "domestic institutions" of the states (which in 1861 included slavery) from the constitutional amendment process and from abolition or interference by Congress. This proposal was one of several measures considered by Congress in an ultimately unsuccessful attempt to attract the seceding states back into the Union and to entice border slave states to stay.[176] Five states ratified the amendment in the early 1860s, but none have since. To become part of the Constitution today, ratification by an additional 33 states would be required. The subject of this proposal was subsequently addressed by the 1865 Thirteenth Amendment, which abolished slavery.

The Child Labor Amendment (proposed 1924) would, if ratified, specifically authorize Congress to limit, regulate and prohibit labor of persons less than eighteen years of age. The amendment was proposed in response to Supreme Court rulings in Hammer v. Dagenhart (1918) and Bailey v. Drexel Furniture Co. (1922) that found federal laws regulating and taxing goods produced by employees under the ages of 14 and 16 unconstitutional. When submitted to the states, ratification by 36 states was required for it to become part of the Constitution, as there were forty-eight states. Twenty-eight had ratified the amendment by early 1937, but none have done so since. To become part of the Constitution today, ratification by an additional ten would be required.[177] A federal statute approved June 25, 1938, regulated the employment of those under 16 or 18 years of age in interstate commerce. The Supreme Court, by unanimous vote in United States v. Darby Lumber Co. (1941), found this law constitutional, effectively overturning Hammer v. Dagenhart. As a result of this development, the movement pushing for the amendment concluded.[178]

Expired

The Equal Rights Amendment (proposed 1972) would have prohibited deprivation of equality of rights (discrimination) by the federal or state governments on account of sex. A seven-year ratification time limit was initially placed on the amendment, but as the deadline approached, Congress granted a three-year extension. Thirty-five states ratified the proposed amendment prior to the original deadline, three short of the number required for it to be implemented (five of them later voted to rescind their ratification). No further states ratified the amendment within the extended deadline. In 2017, Nevada became the first state to ratify the ERA after the expiration of both deadlines,[179] followed by Illinois in 2018,[180] and Virginia in 2020,[181][182] purportedly bringing the number of ratifications to 38. However, experts and advocates have acknowledged legal uncertainty about the consequences of these ratifications, due to the expired deadlines and the five states' purported revocations.[i]

The District of Columbia Voting Rights Amendment (proposed 1978) would have granted the District of Columbia full representation in the United States Congress as if it were a state, repealed the Twenty-third Amendment, granted the District unconditional Electoral College voting rights, and allowed its participation in the process by which the Constitution is amended. A seven-year ratification time limit was placed on the amendment. Sixteen states ratified the amendment (twenty-two short of the number required for it to be implemented) prior to the deadline, thus it failed to be adopted.

Judicial review

See also: Judicial review in the United States, Judicial review, and Appeal § Appellate review

The National Archives' Rotunda for the Charters of Freedom in Washington, D.C. where, in-between two Barry Faulkner murals, the original Constitution, Bill of Rights, Declaration of Independence, and other American founding documents are publicly exhibited.

The way the Constitution is understood is influenced by court decisions, especially those of the Supreme Court. These decisions are referred to as precedents. Judicial review is the power of the Court to examine federal legislation, federal executive, and all state branches of government, to decide their constitutionality, and to strike them down if found unconstitutional.

Judicial review includes the power of the Court to explain the meaning of the Constitution as it applies to particular cases. Over the years, Court decisions on issues ranging from governmental regulation of radio and television to the rights of the accused in criminal cases have changed the way many constitutional clauses are interpreted, without amendment to the actual text of the Constitution.

Legislation passed to implement the Constitution, or to adapt those implementations to changing conditions, broadens and, in subtle ways, changes the meanings given to the words of the Constitution. Up to a point, the rules and regulations of the many federal executive agencies have a similar effect. If an action of Congress or the agencies is challenged, however, the court system ultimately decides whether these actions are permissible under the Constitution.

Scope and theory

Courts established by the Constitution can regulate government under the Constitution, the supreme law of the land.[j] First, they have jurisdiction over actions by an officer of government and state law. Second, federal courts may rule on whether coordinate branches of national government conform to the Constitution. Until the twentieth century, the Supreme Court of the United States may have been the only high tribunal in the world to use a court for constitutional interpretation of fundamental law, others generally depending on their national legislature.[185]

Early Court roots in the founding

John Jay, 1789–1795, New York co-author The Federalist Papers

John Marshall, 1801–1835, Fauquier County delegate, Virginia Ratification Convention

The basic theory of American Judicial review is summarized by constitutional legal scholars and historians as follows: the written Constitution is fundamental law within the states. It can change only by extraordinary legislative process of national proposal, then state ratification. The powers of all departments are limited to enumerated grants found in the Constitution. Courts are expected (a) to enforce provisions of the Constitution as the supreme law of the land, and (b) to refuse to enforce anything in conflict with it.[186]

As to judicial review and the Congress, the first proposals by Madison (Virginia) and Wilson (Pennsylvania) called for a supreme court veto over national legislation. In this it resembled the system in New York, where the Constitution of 1777 called for a "Council of Revision" by the governor and justices of the state supreme court. The council would review and veto any passed legislation; violating the spirit of the Constitution before it went into effect. The nationalist's proposal in convention was defeated three times and replaced by a presidential veto with congressional over-ride. Judicial review relies on the jurisdictional authority in Article III, and the Supremacy Clause.[187]

The justification for judicial review is to be explicitly found in the open ratifications held in the states and reported in their newspapers. John Marshall in Virginia, James Wilson in Pennsylvania and Oliver Ellsworth of Connecticut all argued for Supreme Court judicial review of acts of state legislature. In Federalist No. 78, Alexander Hamilton advocated the doctrine of a written document held as a superior enactment of the people. "A limited constitution can be preserved in practice no other way" than through courts which can declare void any legislation contrary to the Constitution. The preservation of the people's authority over legislatures rests "particularly with judges."[188][k]

The Supreme Court was initially made up of jurists who had been intimately connected with the framing of the Constitution and the establishment of its government as law. John Jay (New York), a co-author of The Federalist Papers, served as chief justice for the first six years. The second chief justice, John Rutledge (South Carolina), was appointed by Washington in 1795 as a recess appointment, but was not confirmed by the Senate. Resigning later that year, he was succeeded in 1796 by the third chief justice, Oliver Ellsworth (Connecticut).[190] Both Rutledge and Ellsworth were delegates to the Constitutional Convention. John Marshall (Virginia), the fourth chief justice, had served in the Virginia Ratification Convention in 1788. His 34 years of service on the Court would see some of the most important rulings to help establish the nation the Constitution had begun. Other early members of the Supreme Court who had been delegates to the Constitutional Convention included James Wilson (Pennsylvania) for ten years, and John Blair Jr. (Virginia) for five years.

Establishment

When John Marshall followed Oliver Ellsworth as chief justice of the Supreme Court in 1801, the federal judiciary had been established by the Judiciary Act, but there were few cases, and less prestige. "The fate of judicial review was in the hands of the Supreme Court itself." Review of state legislation and appeals from state supreme courts was understood. But the Court's life, jurisdiction over state legislation was limited. The Marshall Court's landmark Barron v. Baltimore held that the Bill of Rights restricted only the federal government, and not the states.[188]

In the landmark Marbury v. Madison case, the Supreme Court asserted its authority of judicial review over Acts of Congress. Its findings were that Marbury and the others had a right to their commissions as judges in the District of Columbia. Marshall, writing the opinion for the majority, announced his discovered conflict between Section 13 of the Judiciary Act of 1789 and Article III.[l][191][m] In this case, both the Constitution and the statutory law applied to the particulars at the same time. "The very essence of judicial duty" according to Marshall was to determine which of the two conflicting rules should govern. The Constitution enumerates powers of the judiciary to extend to cases arising "under the Constitution". Further, justices take a Constitutional oath to uphold it as "Supreme law of the land."[192] Therefore, since the United States government as created by the Constitution is a limited government, the federal courts were required to choose the Constitution over congressional law if there were deemed to be a conflict.

"This argument has been ratified by time and by practice ..."[n][o] The Supreme Court did not declare another act of Congress unconstitutional until the controversial Dred Scott decision in 1857, held after the voided Missouri Compromise statute had already been repealed. In the eighty years following the Civil War to World War II, the Court voided congressional statutes in 77 cases, on average almost one a year.[194]

A crisis arose when, in 1935 and 1936, the Supreme Court handed down twelve decisions voiding acts of Congress relating to the New Deal. President Franklin D. Roosevelt then responded with his abortive "court packing plan". Other proposals have suggested a Court super-majority to overturn Congressional legislation, or a constitutional amendment to require that the justices retire at a specified age by law. To date, the Supreme Court's power of judicial review has persisted.[189]

Self-restraint

The power of judicial review could not have been preserved long in a democracy unless it had been "wielded with a reasonable measure of judicial restraint, and with some attention, as Mr. Dooley said, to the election returns." Indeed, the Supreme Court has developed a system of doctrine and practice that self-limit its power of judicial review.[195]

The Court controls almost all of its business by choosing what cases to consider, writs of certiorari. In this way, it can avoid opinions on embarrassing or difficult cases. The Supreme Court limits itself by defining what is a "justiciable question". First, the Court is fairly consistent in refusing to make any "advisory opinions" in advance of actual cases.[p] Second, "friendly suits" between those of the same legal interest are not considered. Third, the Court requires a "personal interest", not one generally held, and a legally protected right must be immediately threatened by government action. Cases are not taken up if the litigant has no standing to sue. Simply having the money to sue and being injured by government action are not enough.[195]

These three procedural ways of dismissing cases have led critics to charge that the Supreme Court delays decisions by unduly insisting on technicalities in their "standards of litigability". They say cases are left unconsidered which are in the public interest, with genuine controversy, and resulting from good faith action. "The Supreme Court is not only a court of law but a court of justice."[196]

Separation of powers

The Supreme Court balances several pressures to maintain its roles in national government. It seeks to be a co-equal branch of government, but its decrees must be enforceable. The Court seeks to minimize situations where it asserts itself superior to either president or Congress, but federal officers must be held accountable. The Supreme Court assumes power to declare acts of Congress as unconstitutional but it self-limits its passing on constitutional questions.[197] But the Court's guidance on basic problems of life and governance in a democracy is most effective when American political life reinforces its rulings.[198]

Justice Brandeis summarized four general guidelines that the Supreme Court uses to avoid constitutional decisions relating to Congress:[q] The Court will not anticipate a question of constitutional law nor decide open questions unless a case decision requires it. If it does, a rule of constitutional law is formulated only as the precise facts in the case require. The Court will choose statutes or general law for the basis of its decision if it can without constitutional grounds. If it does, the Court will choose a constitutional construction of an act of Congress, even if its constitutionality is seriously in doubt.[197]

Likewise with the executive department, Edwin Corwin observed that the Court does sometimes rebuff presidential pretensions, but it more often tries to rationalize them. Against Congress, an act is merely "disallowed". In the executive case, exercising judicial review produces "some change in the external world" beyond the ordinary judicial sphere.[199] The "political question" doctrine especially applies to questions which present a difficult enforcement issue. Chief Justice Charles Evans Hughes addressed the Court's limitation when political process allowed future policy change, but a judicial ruling would "attribute finality". Political questions lack "satisfactory criteria for a judicial determination."[200]

John Marshall recognized that the president holds "important political powers" which as executive privilege allows great discretion. This doctrine was applied in Court rulings on President Grant's duty to enforce the law during Reconstruction. It extends to the sphere of foreign affairs. Justice Robert Jackson explained, foreign affairs are inherently political, "wholly confided by our Constitution to the political departments of the government ... [and] not subject to judicial intrusion or inquiry."[201]

Critics of the Court object in two principal ways to self-restraint in judicial review, deferring as it does as a matter of doctrine to acts of Congress and presidential actions.

Its inaction is said to allow "a flood of legislative appropriations" which permanently create an imbalance between the states and federal government.

Supreme Court deference to Congress and the executive compromises American protection of civil rights, political minority groups and aliens.[202]

Further information: Separation of powers under the United States Constitution

Subsequent Courts

Main article: History of the Supreme Court of the United States

Supreme Courts under the leadership of subsequent chief justices have also used judicial review to interpret the Constitution among individuals, states and federal branches. Notable contributions were made by the Chase Court, the Taft Court, the Warren Court, and the Rehnquist Court.

Further information: List of United States Supreme Court cases by the Chase Court

Salmon P. Chase was a Lincoln appointee, serving as chief justice from 1864 to 1873. His career encompassed service as a U.S. senator and Governor of Ohio. He coined the slogan, "Free soil, free Labor, free men." One of Lincoln's "team of rivals", he was appointed Secretary of Treasury during the Civil War, issuing "greenbacks". Partly to appease the Radical Republicans, Lincoln appointed him chief justice upon the death of Roger B. Taney.

In one of his first official acts, Chase admitted John Rock, the first African American to practice before the Supreme Court. The Chase Court is famous for Texas v. White, which asserted a permanent Union of indestructible states. Veazie Bank v. Fenno upheld the Civil War tax on state banknotes. Hepburn v. Griswold found parts of the Legal Tender Acts unconstitutional, though it was reversed under a late Supreme Court majority.

Further information: List of United States Supreme Court cases by the Taft Court

Scope of judicial review expanded

Salmon P. Chase[r]Union, Reconstruction

William Howard Taft[s]commerce, incorporation

Earl Warren[t]due process, civil rights

William Rehnquist[u]federalism, privacy

William Howard Taft was a Harding appointment to chief justice from 1921 to 1930. A Progressive Republican from Ohio, he was a one-term President.

As chief justice, he advocated the Judiciary Act of 1925 that brought the Federal District Courts under the administrative jurisdiction of the Supreme Court. Taft successfully sought the expansion of Court jurisdiction over non-states such as District of Columbia and Territories of Alaska and Hawaii.

In 1925, the Taft Court issued a ruling overturning a Marshall Court ruling on the Bill of Rights. In Gitlow v. New York, the Court established the doctrine of "incorporation", which applied the Bill of Rights to the states. Important cases included the Board of Trade of City of Chicago v. Olsen, which upheld Congressional regulation of commerce. Olmstead v. United States allowed exclusion of evidence obtained without a warrant based on application of the 14th Amendment proscription against unreasonable searches. Wisconsin v. Illinois ruled the equitable power of the United States can impose positive action on a state to prevent its inaction from damaging another state.

Further information: List of United States Supreme Court cases by the Warren Court

Earl Warren was an Eisenhower nominee, chief justice from 1953 to 1969. Warren's Republican career in the law reached from county prosecutor, California state attorney general, and three consecutive terms as governor. His programs stressed progressive efficiency, expanding state education, re-integrating returning veterans, infrastructure, and highway construction.

In 1954, the Warren Court overturned a landmark Fuller Court ruling on the Fourteenth Amendment interpreting racial segregation as permissible in government and commerce providing "separate but equal" services. Warren built a coalition of justices after 1962 that developed the idea of natural rights as guaranteed in the Constitution. Brown v. Board of Education banned segregation in public schools. Baker v. Carr and Reynolds v. Sims established Court ordered "one-man-one-vote". Bill of Rights Amendments were incorporated into the states. Due process was expanded in Gideon v. Wainwright and Miranda v. Arizona. First Amendment rights were addressed in Griswold v. Connecticut concerning privacy, and Engel v. Vitale relative to free speech.

Further information: List of United States Supreme Court cases by the Rehnquist Court

William Rehnquist was a Reagan-appointed chief justice, serving from 1986 to 2005. While he would concur with overthrowing a state supreme court's decision, as in Bush v. Gore, he built a coalition of Justices after 1994 that developed the idea of federalism as provided for in the Tenth Amendment. In the hands of the Supreme Court, the Constitution and its amendments were to restrain Congress, as in City of Boerne v. Flores.

Nevertheless, the Rehnquist Court was noted in the contemporary "culture wars" for overturning state laws relating to privacy, prohibiting late-term abortions in Stenberg v. Carhart, prohibiting sodomy in Lawrence v. Texas, or ruling so as to protect free speech in Texas v. Johnson or affirmative action in Grutter v. Bollinger.

Civic religion

Main article: American civil religion

There is a viewpoint that some Americans have come to see the documents of the Constitution, along with the Declaration of Independence and the Bill of Rights, as being a cornerstone of a type of civil religion. Some commentators depict the multi-ethnic, multi-sectarian United States as held together by political orthodoxy, in contrast with a nation-state of people having more "natural" ties.[203][204]

Worldwide influence

Main article: Worldwide influence of the Constitution of the United States

José Rizal

Sun Yat-sen

The United States Constitution has been a notable model for governance worldwide, especially through the 1970s. Its international influence is found in similarities in phrasing and borrowed passages in other constitutions, as well as in the principles of the rule of law, separation of powers, and recognition of individual rights.

The American experience of fundamental law with amendments and judicial review has motivated constitutionalists at times when they were considering the possibilities for their nation's future.[205] It informed Abraham Lincoln during the American Civil War,[v] his contemporary and ally Benito Juárez of Mexico,[w] and the second generation of 19th-century constitutional nationalists, José Rizal of the Philippines[x] and Sun Yat-sen of China.[y] The framers of the Australian constitution integrated federal ideas from the U.S. and other constitutions.[211]

Since the 1980's, the influence of the United States Constitution has been waning as other countries have created new constitutions or updated older constitutions, a process which Sanford Levinson believes to be more difficult in the United States than in any other country.[212][213][214]

Criticisms

Further information: History of the United States Constitution § Criticism of the Constitution

The United States Constitution has faced various criticisms since its inception in 1787.

The Constitution did not originally define who was eligible to vote, allowing each state to determine who was eligible. In the early history of the U.S., most states allowed only white male adult property owners to vote; the notable exception was New Jersey, where women were able to vote on the same basis as men.[215][216][217] Until the Reconstruction Amendments were adopted between 1865 and 1870, the five years immediately following the American Civil War, the Constitution did not abolish slavery, nor give citizenship and voting rights to former slaves.[218] These amendments did not include a specific prohibition on discrimination in voting on the basis of sex; it took another amendment—the Nineteenth, ratified in 1920—for the Constitution to prohibit any United States citizen from being denied the right to vote on the basis of sex.[219]

According to a 2012 study by David Law and Mila Versteeg published in the New York University Law Review, the U.S. Constitution guarantees relatively few rights compared to the constitutions of other countries and contains fewer than half (26 of 60) of the provisions listed in the average bill of rights. It is also one of the few in the world today that still features the right to keep and bear arms; the other two being the constitutions of Guatemala and Mexico.[213][214]

Difficult to amend

Sanford Levinson wrote in 2006 that it has been the most difficult constitution in the world to amend since the fall of Yugoslavia.[212] Levitsky and Ziblatt argue that the US Constitution is the most difficult in the world to amend, and that this helps explain why the US still has so many undemocratic institutions that most or all other democracies have reformed, directly allowing significant democratic backsliding in the United States.[220]

Commemorations

In 1937, the U.S. Post Office, at the prompting of President Franklin Delano Roosevelt, an avid stamp collector himself, released a commemorative postage stamp celebrating the 150th anniversary of the signing of the U.S. Constitution. The engraving on this issue is after an 1856 painting by Junius Brutus Stearns of Washington and shows delegates signing the Constitution at the 1787 Convention.[221] The following year another commemorative stamp was issued celebrating the 150th anniversary of the ratification of the Constitution.[222] In 1987 the U.S. Government minted a 1987 silver dollar in celebration of the 200th anniversary of the signing of the Constitution.

Postage Issue of 1937 commemorating the 150th anniversary of the signing of the Constitution

Postage Issue of 1938 commemorating the 150th anniversary of the ratification of the Constitution

1987 Constitution Commemorative Silver Dollar

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constitution 在英語-中文（繁體）詞典中的翻譯

constitutionnoun [ C ] uk

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/ˌkɒn.stɪˈtʃuː.ʃən/ us

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/ˌkɑːn.stəˈtuː.ʃən/

constitution noun [C]

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C1 the set of political principles by which a state or organization is governed, especially in relation to the rights of the people it governs

憲法;章程

Britain has no written constitution.

英國沒有成文憲法。

the Constitution of the United States

《美國憲法》

Under (= as part of) the union constitution, a new committee is elected each year.

根據工會章程，委員會必須每年改選一次。

更多範例减少例句Clause 4 of the constitution is thought to be the most important section.Until the constitution is amended, the power to appoint ministers will remain with the president.When he suspended the constitution and dissolved Congress, he had the imprimatur of the armed forces.East and West Germany united under article 23 of the Bonn constitution.The drafting of a new constitution cannot be a monopoly of the white minority regime .

constitution noun [C]

(HEALTH)

C2 the general state of someone's health

體質，體格

He has a very strong constitution.

他體格很強壯。

constitution noun [C]

(PARTS)

how something is made up of different parts

組成;構成;結構;構造

the constitution of a chemical compound

化合物的結構

(constitution在劍橋英語-中文（繁體）詞典的翻譯 © Cambridge University Press)

constitution的例句

constitution

In the continental civil law tradition, individual cases are related to legal codes or constitutions.

來自 Cambridge English Corpus

Also, the constitutions seem to have been interpreted incorrectly, for the significance of ' naturalization ' has not, to my knowledge, been examined.

來自 Cambridge English Corpus

Republics adopt their own constitutions; the analog for other constituent units is a charter (ustav).

來自 Cambridge English Corpus

Among the new states, eleven of the thirteen drafted and adopted constitutions.

來自 Cambridge English Corpus

None of those constitutions had the sanction of an enabling act.

來自 Cambridge English Corpus

We can, however, steer our doxastic constitutions by implementing doxastic practices, which are under our voluntary control.

來自 Cambridge English Corpus

On the basis of these provisions, it can be deduced what the constitutions did do, and what they clearly failed to achieve.

來自 Cambridge English Corpus

Most writing on state constitutions is resolutely textual, as befits authors whose central concerns are legal history and the courts.

來自 Cambridge English Corpus

示例中的觀點不代表劍橋詞典編輯、劍橋大學出版社和其許可證頒發者的觀點。

C1,C2

constitution的翻譯

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憲法（けんぽう）, 体力（たいりょく）…

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संविधान, किसी के स्वास्थ्य की सामान्य स्थिति…

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બંધારણ, શારીરિક બાંધો…

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grundlov, helbred…

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författning, konstitution, grundlag…

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perlembagaan, resam tubuh…

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die Verfassung, die Natur…

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konstitusjon [masculine], grunnlov [masculine], helse [masculine]…

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конституція, основний закон, будова тіла…

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конституция, организм, склад…

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రాజ్యాంగం, ఒకరి ఆరోగ్యం యొక్క సాధారణ స్థితి…

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ústava, tělesná konstituce…

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konstitusi, kondisi…

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รัฐธรรมนูญ, สุขภาพร่างกาย…

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hiến pháp, thể chất…

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konstytucja, zdrowie, budowa…

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Constitution - Wikipedia

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(Top)

1Etymology

2General features

3History and development

Toggle History and development subsection

3.1Pre-modern constitutions

3.1.1Ancient

3.1.2Early Middle Ages

3.1.3Middle Ages after 1000

3.2Modern constitutions

3.2.1English civil war era

3.2.2British colonies in North America

3.3Democratic constitutions: 18th century

4Principles of constitutional design

5Key features

Toggle Key features subsection

5.1Classification

5.1.1Classification

5.1.2Codification

5.1.2.1Codified constitution

5.1.2.2Uncodified constitution

5.1.2.3Mixed constitutions

5.2Amendments

5.2.1Methods of amending

5.2.2Entrenched clauses

5.3Constitutional rights and duties

5.4Separation of powers

5.4.1Accountability

5.4.2Other independent institutions

5.5Power structure

5.6State of emergency

5.7Facade constitutions

6Constitutional courts

7See also

8Further reading

9References

10External links

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Constitution

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From Wikipedia, the free encyclopedia

Fundamental principles that govern a state

For other uses, see Constitution (disambiguation).

Constitution of the Year XII (First French Republic)

Constitution of the Kingdom of the Two Sicilies in 1848

A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.[1]

When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are encompassed in a single comprehensive document, it is said to embody a codified constitution. The Constitution of the United Kingdom is a notable example of an uncodified constitution; it is instead written in numerous fundamental Acts of a legislature, court cases, or treaties.[2]

Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty that establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. Changes to constitutions frequently require consensus or supermajority.[3]

The Constitution of India is the longest written constitution of any country in the world,[4] with 146,385 words[5] in its English-language version,[6] while the Constitution of Monaco is the shortest written constitution with 3,814 words.[7][5] The Constitution of San Marino might be the world's oldest active written constitution, since some of its core documents have been in operation since 1600, while the Constitution of the United States is the oldest active codified constitution. The historical life expectancy of a constitution since 1789 is approximately 19 years.[8]

Etymology

The term constitution comes through French from the Latin word constitutio, used for regulations and orders, such as the imperial enactments (constitutiones principis: edicta, mandata, decreta, rescripta).[9] Later, the term was widely used in canon law for an important determination, especially a decree issued by the Pope, now referred to as an apostolic constitution.

William Blackstone used the term for significant and egregious violations of public trust, of a nature and extent that the transgression would justify a revolutionary response. The term as used by Blackstone was not for a legal text, nor did he intend to include the later American concept of judicial review: "for that were to set the judicial power above that of the legislature, which would be subversive of all government".[10]

General features

Generally, every modern written constitution confers specific powers on an organization or institutional entity, established upon the primary condition that it abides by the constitution's limitations. According to Scott Gordon, a political organization is constitutional to the extent that it "contain[s] institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry, including those that may be in the minority".[11]

Activities of officials within an organization or polity that fall within the constitutional or statutory authority of those officials are termed "within power" (or, in Latin, intra vires); if they do not, they are termed "beyond power" (or, in Latin, ultra vires). For example, a students' union may be prohibited as an organization from engaging in activities not concerning students; if the union becomes involved in non-student activities, these activities are considered to be ultra vires of the union's charter, and nobody would be compelled by the charter to follow them. An example from the constitutional law of sovereign states would be a provincial parliament in a federal state trying to legislate in an area that the constitution allocates exclusively to the federal parliament, such as ratifying a treaty. Action that appears to be beyond power may be judicially reviewed and, if found to be beyond power, must cease. Legislation that is found to be beyond power will be "invalid" and of no force; this applies to primary legislation, requiring constitutional authorization, and secondary legislation, ordinarily requiring statutory authorization. In this context, "within power", intra vires, "authorized" and "valid" have the same meaning; as do "beyond power", ultra vires, "not authorized" and "invalid".

In most but not all modern states the constitution has supremacy over ordinary statutory law (see Uncodified constitution below); in such states when an official act is unconstitutional, i.e. it is not a power granted to the government by the constitution, that act is null and void, and the nullification is ab initio, that is, from inception, not from the date of the finding. It was never "law", even though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation. Sometimes the problem is not that a statute is unconstitutional, but that the application of it is, on a particular occasion, and a court may decide that while there are ways it could be applied that are constitutional, that instance was not allowed or legitimate. In such a case, only that application may be ruled unconstitutional. Historically, the remedies for such violations have been petitions for common law writs, such as quo warranto.

Scholars debate whether a constitution must necessarily be autochthonous, resulting from the nations "spirit". Hegel said "A constitution...is the work of centuries; it is the idea, the consciousness of rationality so far as that consciousness is developed in a particular nation."[12]

History and development

Since 1789, along with the Constitution of the United States of America (U.S. Constitution), which is the oldest and shortest written constitution still in force,[13] close to 800 constitutions have been adopted and subsequently amended around the world by independent states.[14]

In the late 18th century, Thomas Jefferson predicted that a period of 20 years would be the optimal time for any constitution to be still in force, since "the earth belongs to the living, and not to the dead".[15] Indeed, according to recent studies,[14] the average life of any new written constitution is around 19 years. However, a great number of constitutions do not last more than 10 years, and around 10% do not last more than one year, as was the case of the French Constitution of 1791.[14] By contrast, some constitutions, notably that of the United States, have remained in force for several centuries, often without major revision for long periods of time.

The most common reasons for these frequent changes are the political desire for an immediate outcome[clarification needed] and the short time devoted to the constitutional drafting process.[16] A study in 2009 showed that the average time taken to draft a constitution is around 16 months,[17] however there were also some extreme cases registered. For example, the Myanmar 2008 Constitution was being secretly drafted for more than 17 years,[17] whereas at the other extreme, during the drafting of Japan's 1946 Constitution, the bureaucrats drafted everything in no more than a week. Japan has the oldest unamended constitution in the world.[18] The record for the shortest overall process of drafting, adoption, and ratification of a national constitution belongs to the Romania's 1938 constitution, which installed a royal dictatorship in less than a month.[19] Studies showed that typically extreme cases where the constitution-making process either takes too long or is extremely short were non-democracies.[20]

In principle, constitutional rights are not a specific characteristic of democratic countries. Autocratic states have constitutions, such as that of North Korea, which officially grants every citizen, among other things, the freedom of expression.[21] However, the extent to which governments abide by their own constitutional provisions varies. In North Korea, for example, the Ten Principles for the Establishment of a Monolithic Ideological System are said to have eclipsed the constitution in importance as a frame of government in practice. Developing a legal and political tradition of strict adherence to constitutional provisions is considered foundational to the rule of law.

Pre-modern constitutions

Ancient

Detail from Hammurabi's stele shows him receiving the laws of Babylon from the seated sun deity.

Excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice, issued by the Sumerian king Urukagina of Lagash c. 2300 BC. Perhaps the earliest prototype for a law of government, this document itself has not yet been discovered; however it is known that it allowed some rights to his citizens. For example, it is known that it relieved tax for widows and orphans, and protected the poor from the usury of the rich.

After that, many governments ruled by special codes of written laws. The oldest such document still known to exist seems to be the Code of Ur-Nammu of Ur (c. 2050 BC). Some of the better-known ancient law codes are the code of Lipit-Ishtar of Isin, the code of Hammurabi of Babylonia, the Hittite code, the Assyrian code, and Mosaic law.

In 621 BC, a scribe named Draco codified the oral laws of the city-state of Athens; this code prescribed the death penalty for many offenses (thus creating the modern term "draconian" for very strict rules). In 594 BC, Solon, the ruler of Athens, created the new Solonian Constitution. It eased the burden of the workers, and determined that membership of the ruling class was to be based on wealth (plutocracy), rather than on birth (aristocracy). Cleisthenes again reformed the Athenian constitution and set it on a democratic footing in 508 BC.

Diagram illustrating the classification of constitutions by Aristotle

Aristotle (c. 350 BC) was the first to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and constitutionalism, and attempting to classify different forms of constitutional government. The most basic definition he used to describe a constitution in general terms was "the arrangement of the offices in a state". In his works Constitution of Athens, Politics, and Nicomachean Ethics, he explores different constitutions of his day, including those of Athens, Sparta, and Carthage. He classified both what he regarded as good and what he regarded as bad constitutions, and came to the conclusion that the best constitution was a mixed system including monarchic, aristocratic, and democratic elements. He also distinguished between citizens, who had the right to participate in the state, and non-citizens and slaves, who did not.

The Romans initially codified their constitution in 450 BC as the Twelve Tables. They operated under a series of laws that were added from time to time, but Roman law was not reorganized into a single code until the Codex Theodosianus (438 AD); later, in the Eastern Empire, the Codex repetitæ prælectionis (534) was highly influential throughout Europe. This was followed in the east by the Ecloga of Leo III the Isaurian (740) and the Basilica of Basil I (878).

The Edicts of Ashoka established constitutional principles for the 3rd century BC Maurya king's rule in India. For constitutional principles almost lost to antiquity, see the code of Manu.

Early Middle Ages

Many of the Germanic peoples that filled the power vacuum left by the Western Roman Empire in the Early Middle Ages codified their laws. One of the first of these Germanic law codes to be written was the Visigothic Code of Euric (471 AD). This was followed by the Lex Burgundionum, applying separate codes for Germans and for Romans; the Pactus Alamannorum; and the Salic Law of the Franks, all written soon after 500. In 506, the Breviarum or "Lex Romana" of Alaric II, king of the Visigoths, adopted and consolidated the Codex Theodosianus together with assorted earlier Roman laws. Systems that appeared somewhat later include the Edictum Rothari of the Lombards (643), the Lex Visigothorum (654), the Lex Alamannorum (730), and the Lex Frisionum (c. 785). These continental codes were all composed in Latin, while Anglo-Saxon was used for those of England, beginning with the Code of Æthelberht of Kent (602). Around 893, Alfred the Great combined this and two other earlier Saxon codes, with various Mosaic and Christian precepts, to produce the Doom book code of laws for England.

Japan's Seventeen-article constitution written in 604, reportedly by Prince Shōtoku, is an early example of a constitution in Asian political history. Influenced by Buddhist teachings, the document focuses more on social morality than on institutions of government, and remains a notable early attempt at a government constitution.

The Constitution of Medina (Arabic: صحیفة المدینه, Ṣaḥīfat al-Madīna), also known as the Charter of Medina, was drafted by the Islamic prophet Muhammad after his flight (hijra) to Yathrib where he became political leader. It constituted a formal agreement between Muhammad and all of the significant tribes and families of Yathrib (later known as Medina), including Muslims, Jews, and pagans.[22][23] The document was drawn up with the explicit concern of bringing to an end the bitter intertribal fighting between the clans of the Aws (Aus) and Khazraj within Medina. To this effect it instituted a number of rights and responsibilities for the Muslim, Jewish, and pagan communities of Medina bringing them within the fold of one community – the Ummah.[24] The precise dating of the Constitution of Medina remains debated, but generally scholars agree it was written shortly after the Hijra (622).[25]

In Wales, the Cyfraith Hywel (Law of Hywel) was codified by Hywel Dda c. 942–950. It served as the main law code in Wales until it was superseded by the Laws in Wales Acts 1535 and 1542.

Middle Ages after 1000

The Pravda Yaroslava, originally combined by Yaroslav the Wise the Grand Prince of Kiev, was granted to Great Novgorod around 1017, and in 1054 was incorporated into the Russkaya Pravda; it became the law for all of Kievan Rus'. It survived only in later editions of the 15th century.

In England, Henry I's proclamation of the Charter of Liberties in 1100 bound the king for the first time in his treatment of the clergy and the nobility. This idea was extended and refined by the English barony when they forced King John to sign Magna Carta in 1215. The most important single article of the Magna Carta, related to "habeas corpus", provided that the king was not permitted to imprison, outlaw, exile or kill anyone at a whim – there must be due process of law first. This article, Article 39, of the Magna Carta read:

No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by legal judgement of his peers, or by the law of the land.

This provision became the cornerstone of English liberty after that point. The social contract in the original case was between the king and the nobility, but was gradually extended to all of the people. It led to the system of Constitutional Monarchy, with further reforms shifting the balance of power from the monarchy and nobility to the House of Commons.

The Nomocanon of Saint Sava (Serbian: Законоправило/Zakonopravilo)[26][27][28] was the first Serbian constitution from 1219. St. Sava's Nomocanon was the compilation of civil law, based on Roman Law, and canon law, based on Ecumenical Councils. Its basic purpose was to organize the functioning of the young Serbian kingdom and the Serbian church. Saint Sava began the work on the Serbian Nomocanon in 1208 while he was at Mount Athos, using The Nomocanon in Fourteen Titles, Synopsis of Stefan the Efesian, Nomocanon of John Scholasticus, and Ecumenical Council documents, which he modified with the canonical commentaries of Aristinos and Joannes Zonaras, local church meetings, rules of the Holy Fathers, the law of Moses, the translation of Prohiron, and the Byzantine emperors' Novellae (most were taken from Justinian's Novellae). The Nomocanon was a completely new compilation of civil and canonical regulations, taken from Byzantine sources but completed and reformed by St. Sava to function properly in Serbia. Besides decrees that organized the life of church, there are various norms regarding civil life; most of these were taken from Prohiron. Legal transplants of Roman-Byzantine law became the basis of the Serbian medieval law. The essence of Zakonopravilo was based on Corpus Iuris Civilis.

Stefan Dušan, emperor of Serbs and Greeks, enacted Dušan's Code (Serbian: Душанов Законик/Dušanov Zakonik)[29] in Serbia, in two state congresses: in 1349 in Skopje and in 1354 in Serres. It regulated all social spheres, so it was the second Serbian constitution, after St. Sava's Nomocanon (Zakonopravilo). The Code was based on Roman-Byzantine law. The legal transplanting within articles 171 and 172 of Dušan's Code, which regulated the juridical independence, is notable. They were taken from the Byzantine code Basilika (book VII, 1, 16–17).

In 1222, Hungarian King Andrew II issued the Golden Bull of 1222.

Between 1220 and 1230, a Saxon administrator, Eike von Repgow, composed the Sachsenspiegel, which became the supreme law used in parts of Germany as late as 1900.

Around 1240, the Coptic Egyptian Christian writer, 'Abul Fada'il Ibn al-'Assal, wrote the Fetha Negest in Arabic. 'Ibn al-Assal took his laws partly from apostolic writings and Mosaic law and partly from the former Byzantine codes. There are a few historical records claiming that this law code was translated into Ge'ez and entered Ethiopia around 1450 in the reign of Zara Yaqob. Even so, its first recorded use in the function of a constitution (supreme law of the land) is with Sarsa Dengel beginning in 1563. The Fetha Negest remained the supreme law in Ethiopia until 1931, when a modern-style Constitution was first granted by Emperor Haile Selassie I.

Third volume of the compilation of Catalan Constitutions of 1585

In the Principality of Catalonia, the Catalan constitutions were promulgated by the Court from 1283 (or even two centuries before, if Usatges of Barcelona is considered part of the compilation of Constitutions) until 1716, when Philip V of Spain gave the Nueva Planta decrees, finishing with the historical laws of Catalonia. These Constitutions were usually made formally as a royal initiative, but required for its approval or repeal the favorable vote of the Catalan Courts, the medieval antecedent of the modern Parliaments. These laws, like other modern constitutions, had preeminence over other laws, and they could not be contradicted by mere decrees or edicts of the king.

The Kouroukan Founga was a 13th-century charter of the Mali Empire, reconstructed from oral tradition in 1988 by Siriman Kouyaté.[30]

The Golden Bull of 1356 was a decree issued by a Reichstag in Nuremberg headed by Emperor Charles IV that fixed, for a period of more than four hundred years, an important aspect of the constitutional structure of the Holy Roman Empire.

In China, the Hongwu Emperor created and refined a document he called Ancestral Injunctions (first published in 1375, revised twice more before his death in 1398). These rules served as a constitution for the Ming Dynasty for the next 250 years.

The oldest written document still governing a sovereign nation today is that of San Marino.[31] The Leges Statutae Republicae Sancti Marini was written in Latin and consists of six books. The first book, with 62 articles, establishes councils, courts, various executive officers, and the powers assigned to them. The remaining books cover criminal and civil law and judicial procedures and remedies. Written in 1600, the document was based upon the Statuti Comunali (Town Statute) of 1300, itself influenced by the Codex Justinianus, and it remains in force today.

In 1392 the Carta de Logu was legal code of the Giudicato of Arborea promulgated by the giudicessa Eleanor. It was in force in Sardinia until it was superseded by the code of Charles Felix in April 1827. The Carta was a work of great importance in Sardinian history. It was an organic, coherent, and systematic work of legislation encompassing the civil and penal law.

The Gayanashagowa, the oral constitution of the Haudenosaunee nation also known as the Great Law of Peace, established a system of governance as far back as 1190 AD (though perhaps more recently at 1451) in which the Sachems, or tribal chiefs, of the Iroquois League's member nations made decisions on the basis of universal consensus of all chiefs following discussions that were initiated by a single nation. The position of Sachem descends through families and are allocated by the senior female clan heads, though, prior to the filling of the position, candidacy is ultimately democratically decided by the community itself.[32]

Modern constitutions

The Cossack Constitution of Pylyp Orlyk, 1710

A painting depicting George Washington at the Constitutional Convention of 1787 signing of the U.S. Constitution

In 1634 the Kingdom of Sweden adopted the 1634 Instrument of Government, drawn up under the Lord High Chancellor of Sweden Axel Oxenstierna after the death of king Gustavus Adolphus. This can be seen as the first written constitution adopted by a modern state.

In 1639, the Colony of Connecticut adopted the Fundamental Orders, which was the first North American constitution. It is the basis for every new Connecticut constitution since, and is also the reason for Connecticut's nickname, "the Constitution State".

English civil war era

On 4 January 1649, the Rump Parliament declared "that the people are, under God, the original of all just power; that the Commons of England, being chosen by and representing the people, have the supreme power in this nation".[33]

The English Protectorate set up by Oliver Cromwell after the English Civil War promulgated the first detailed written constitution adopted by a modern state;[34] it was called the Instrument of Government. This formed the basis of government for the short-lived republic from 1653 to 1657 by providing a legal rationale for the increasing power of Cromwell after Parliament consistently failed to govern effectively. Most of the concepts and ideas embedded into modern constitutional theory, especially bicameralism, separation of powers, the written constitution, and judicial review, can be traced back to the experiments of that period.[35] Drafted by Major-General John Lambert in 1653, the Instrument of Government included elements incorporated from an earlier document "Heads of Proposals",[36][37] which had been agreed to by the Army Council in 1647, as a set of propositions intended to be a basis for a constitutional settlement after King Charles I was defeated in the First English Civil War. Charles had rejected the propositions, but before the start of the Second Civil War, the Grandees of the New Model Army had presented the Heads of Proposals as their alternative to the more radical Agreement of the People presented by the Agitators and their civilian supporters at the Putney Debates. The Instrument of Government was adopted by Parliament on 15 December 1653, and Oliver Cromwell was installed as Lord Protector on the following day. The constitution set up a state council consisting of 21 members while executive authority was vested in the office of "Lord Protector of the Commonwealth." This position was designated as a non-hereditary life appointment. The Instrument also required the calling of triennial Parliaments, with each sitting for at least five months.

The Instrument of Government was replaced in May 1657 by England's second, and last, codified constitution, the Humble Petition and Advice, proposed by Sir Christopher Packe.[38] The Petition offered hereditary monarchy to Oliver Cromwell, asserted Parliament's control over issuing new taxation, provided an independent council to advise the king and safeguarded "Triennial" meetings of Parliament. A modified version of the Humble Petition with the clause on kingship removed was ratified on 25 May. This finally met its demise in conjunction with the death of Cromwell and the Restoration of the monarchy.

British colonies in North America

All of the British colonies in North America that were to become the 13 original United States, adopted their own constitutions in 1776 and 1777, during the American Revolution (and before the later Articles of Confederation and United States Constitution), with the exceptions of Massachusetts, Connecticut and Rhode Island. The Commonwealth of Massachusetts adopted its Constitution in 1780, the oldest still-functioning constitution of any U.S. state; while Connecticut and Rhode Island officially continued to operate under their old colonial charters, until they adopted their first state constitutions in 1818 and 1843, respectively.

Democratic constitutions: 18th century

Constitution of 3 May 1791 (painting by Jan Matejko, 1891). Polish King Stanisław August (left, in regal ermine-trimmed cloak), enters St. John's Cathedral, where Sejm deputies will swear to uphold the new Constitution; in background, Warsaw's Royal Castle, where the Constitution has just been adopted.

What is sometimes called the "enlightened constitution" model was developed by philosophers of the Age of Enlightenment such as Thomas Hobbes, Jean-Jacques Rousseau, and John Locke. The model proposed that constitutional governments should be stable, adaptable, accountable, open and should represent the people (i.e., support democracy).[39]

Agreements and Constitutions of Laws and Freedoms of the Zaporizian Host was written in 1710 by Pylyp Orlyk, hetman of the Zaporozhian Host. It was written to establish a free Zaporozhian-Ukrainian Republic, with the support of Charles XII of Sweden. It is notable in that it established a democratic standard for the separation of powers in government between the legislative, executive, and judiciary branches, well before the publication of Montesquieu's Spirit of the Laws. This Constitution also limited the executive authority of the hetman, and established a democratically elected Cossack parliament called the General Council. However, Orlyk's project for an independent Ukrainian State never materialized, and his constitution, written in exile, never went into effect.

Corsican Constitutions of 1755 and 1794 were inspired by Jean-Jacques Rousseau. The latter introduced universal suffrage for property owners.

The Swedish constitution of 1772 was enacted under King Gustavus III and was inspired by the separation of powers by Montesquieu. The king also cherished other enlightenment ideas (as an enlighted despot) and repealed torture, liberated agricultural trade, diminished the use of the death penalty and instituted a form of religious freedom. The constitution was commended by Voltaire.[40][41][42]

The United States Constitution, ratified 21 June 1788, was influenced by the writings of Polybius, Locke, Montesquieu, and others. The document became a benchmark for republicanism and codified constitutions written thereafter.[43]

The Polish–Lithuanian Commonwealth Constitution was passed on 3 May 1791.[44][45][46] Its draft was developed by the leading minds of the Enlightenment in Poland such as King Stanislaw August Poniatowski, Stanisław Staszic, Scipione Piattoli, Julian Ursyn Niemcewicz, Ignacy Potocki and Hugo Kołłątaj.[47] It was adopted by the Great Sejm and is considered the first constitution of its kind in Europe and the world's second oldest one after the American Constitution.[48]

Another landmark document was the French Constitution of 1791.

The 1811 Constitution of Venezuela was the first Constitution of Venezuela and Latin America, promulgated and drafted by Cristóbal Mendoza[49] and Juan Germán Roscio and in Caracas. It established a federal government but was repealed one year later.[50]

On 19 March 1812, the Spanish Constitution of 1812 was ratified by a parliament gathered in Cadiz, the only Spanish continental city which was safe from French occupation. The Spanish Constitution served as a model for other liberal constitutions of several South European and Latin American nations, for example, the Portuguese Constitution of 1822, constitutions of various Italian states during Carbonari revolts (i.e., in the Kingdom of the Two Sicilies), the Norwegian constitution of 1814, or the Mexican Constitution of 1824.[51]

In Brazil, the Constitution of 1824 expressed the option for the monarchy as political system after Brazilian Independence. The leader of the national emancipation process was the Portuguese prince Pedro I, elder son of the king of Portugal. Pedro was crowned in 1822 as first emperor of Brazil. The country was ruled by Constitutional monarchy until 1889, when it adopted the Republican model.

In Denmark, as a result of the Napoleonic Wars, the absolute monarchy lost its personal possession of Norway to Sweden. Sweden had already enacted its 1809 Instrument of Government, which saw the division of power between the Riksdag, the king and the judiciary.[52] However the Norwegians managed to infuse a radically democratic and liberal constitution in 1814, adopting many facets from the American constitution and the revolutionary French ones, but maintaining a hereditary monarch limited by the constitution, like the Spanish one.

The first Swiss Federal Constitution was put in force in September 1848 (with official revisions in 1878, 1891, 1949, 1971, 1982 and 1999).

The Serbian revolution initially led to a proclamation of a proto-constitution in 1811; the full-fledged Constitution of Serbia followed few decades later, in 1835. The first Serbian constitution (Sretenjski ustav) was adopted at the national assembly in Kragujevac on 15 February 1835.

The Constitution of Canada came into force on 1 July 1867, as the British North America Act, an act of the British Parliament. Over a century later, the BNA Act was patriated to the Canadian Parliament and augmented with the Canadian Charter of Rights and Freedoms.[53] Apart from the Constitution Acts, 1867 to 1982, Canada's constitution also has unwritten elements based in common law and convention.[54][55]

Principles of constitutional design

After tribal people first began to live in cities and establish nations, many of these functioned according to unwritten customs, while some developed autocratic, even tyrannical monarchs, who ruled by decree, or mere personal whim. Such rule led some thinkers to take the position that what mattered was not the design of governmental institutions and operations, as much as the character of the rulers. This view can be seen in Plato, who called for rule by "philosopher-kings".[56] Later writers, such as Aristotle, Cicero and Plutarch, would examine designs for government from a legal and historical standpoint.

The Renaissance brought a series of political philosophers who wrote implied criticisms of the practices of monarchs and sought to identify principles of constitutional design that would be likely to yield more effective and just governance from their viewpoints. This began with revival of the Roman law of nations concept[57] and its application to the relations among nations, and they sought to establish customary "laws of war and peace"[58] to ameliorate wars and make them less likely. This led to considerations of what authority monarchs or other officials have and don't have, from where that authority derives, and the remedies for the abuse of such authority.[59]

A seminal juncture in this line of discourse arose in England from the Civil War, the Cromwellian Protectorate, the writings of Thomas Hobbes, Samuel Rutherford, the Levellers, John Milton, and James Harrington, leading to the debate between Robert Filmer, arguing for the divine right of monarchs, on the one side, and on the other, Henry Neville, James Tyrrell, Algernon Sidney, and John Locke. What arose from the latter was a concept of government being erected on the foundations of first, a state of nature governed by natural laws, then a state of society, established by a social contract or compact, which bring underlying natural or social laws, before governments are formally established on them as foundations.

Along the way several writers examined how the design of government was important, even if the government were headed by a monarch. They also classified various historical examples of governmental designs, typically into democracies, aristocracies, or monarchies, and considered how just and effective each tended to be and why, and how the advantages of each might be obtained by combining elements of each into a more complex design that balanced competing tendencies. Some, such as Montesquieu, also examined how the functions of government, such as legislative, executive, and judicial, might appropriately be separated into branches. The prevailing theme among these writers was that the design of constitutions is not completely arbitrary or a matter of taste. They generally held that there are underlying principles of design that constrain all constitutions for every polity or organization. Each built on the ideas of those before concerning what those principles might be.

The later writings of Orestes Brownson[60] would try to explain what constitutional designers were trying to do. According to Brownson there are, in a sense, three "constitutions" involved: The first the constitution of nature that includes all of what was called "natural law". The second is the constitution of society, an unwritten and commonly understood set of rules for the society formed by a social contract before it establishes a government, by which it establishes the third, a constitution of government. The second would include such elements as the making of decisions by public conventions called by public notice and conducted by established rules of procedure. Each constitution must be consistent with, and derive its authority from, the ones before it, as well as from a historical act of society formation or constitutional ratification. Brownson argued that a state is a society with effective dominion over a well-defined territory, that consent to a well-designed constitution of government arises from presence on that territory, and that it is possible for provisions of a written constitution of government to be "unconstitutional" if they are inconsistent with the constitutions of nature or society. Brownson argued that it is not ratification alone that makes a written constitution of government legitimate, but that it must also be competently designed and applied.

Other writers[61] have argued that such considerations apply not only to all national constitutions of government, but also to the constitutions of private organizations, that it is not an accident that the constitutions that tend to satisfy their members contain certain elements, as a minimum, or that their provisions tend to become very similar as they are amended after experience with their use. Provisions that give rise to certain kinds of questions are seen to need additional provisions for how to resolve those questions, and provisions that offer no course of action may best be omitted and left to policy decisions. Provisions that conflict with what Brownson and others can discern are the underlying "constitutions" of nature and society tend to be difficult or impossible to execute, or to lead to unresolvable disputes.

Constitutional design has been treated as a kind of metagame in which play consists of finding the best design and provisions for a written constitution that will be the rules for the game of government, and that will be most likely to optimize a balance of the utilities of justice, liberty, and security. An example is the metagame Nomic.[62]

Political economy theory regards constitutions as coordination devices that help citizens to prevent rulers from abusing power. If the citizenry can coordinate a response to police government officials in the face of a constitutional fault, then the government have the incentives to honor the rights that the constitution guarantees.[63] An alternative view considers that constitutions are not enforced by the citizens at-large, but rather by the administrative powers of the state. Because rulers cannot themselves implement their policies, they need to rely on a set of organizations (armies, courts, police agencies, tax collectors) to implement it. In this position, they can directly sanction the government by refusing to cooperate, disabling the authority of the rulers. Therefore, constitutions could be characterized by a self-enforcing equilibria between the rulers and powerful administrators.[64]

Key features

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Presidential copy of the Russian Constitution

Most commonly, the term constitution refers to a set of rules and principles that define the nature and extent of government. Most constitutions seek to regulate the relationship between institutions of the state, in a basic sense the relationship between the executive, legislature and the judiciary, but also the relationship of institutions within those branches. For example, executive branches can be divided into a head of government, government departments/ministries, executive agencies and a civil service/administration. Most constitutions also attempt to define the relationship between individuals and the state, and to establish the broad rights of individual citizens. It is thus the most basic law of a territory from which all the other laws and rules are hierarchically derived; in some territories it is in fact called "Basic Law".

Classification

Type

Form

Example

Codified

In single act (document)

Most of the world (first: United States)

Uncodified

Fully written (in few documents)

San Marino, Israel, Saudi Arabia

Partially unwritten (see constitutional convention)

Canada, New Zealand, United Kingdom

Codification

A fundamental classification is codification or lack of codification. A codified constitution is one that is contained in a single document, which is the single source of constitutional law in a state. An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten; see constitutional convention.

Codified constitution

Most states in the world have codified constitutions.

Codified constitutions are often the product of some dramatic political change, such as a revolution. The process by which a country adopts a constitution is closely tied to the historical and political context driving this fundamental change. The legitimacy (and often the longevity) of codified constitutions has often been tied to the process by which they are initially adopted and some scholars have pointed out that high constitutional turnover within a given country may itself be detrimental to separation of powers and the rule of law.

States that have codified constitutions normally give the constitution supremacy over ordinary statute law. That is, if there is any conflict between a legal statute and the codified constitution, all or part of the statute can be declared ultra vires by a court, and struck down as unconstitutional. In addition, exceptional procedures are often required to amend a constitution. These procedures may include: convocation of a special constituent assembly or constitutional convention, requiring a supermajority of legislators' votes, approval in two terms of parliament, the consent of regional legislatures, a referendum process, and/or other procedures that make amending a constitution more difficult than passing a simple law.

Constitutions may also provide that their most basic principles can never be abolished, even by amendment. In case a formally valid amendment of a constitution infringes these principles protected against any amendment, it may constitute a so-called unconstitutional constitutional law.

Codified constitutions normally consist of a ceremonial preamble, which sets forth the goals of the state and the motivation for the constitution, and several articles containing the substantive provisions. The preamble, which is omitted in some constitutions, may contain a reference to God and/or to fundamental values of the state such as liberty, democracy or human rights. In ethnic nation-states such as Estonia, the mission of the state can be defined as preserving a specific nation, language and culture.

Uncodified constitution

Main article: Uncodified constitution

Magna Carta

As of 2017[update] only two sovereign states, New Zealand and the United Kingdom, have wholly uncodified constitutions. The Basic Laws of Israel have since 1950 been intended to be the basis for a constitution, but as of 2017 it had not been drafted. The various Laws are considered to have precedence over other laws, and give the procedure by which they can be amended, typically by a simple majority of members of the Knesset (parliament).[65]

Uncodified constitutions are the product of an "evolution" of laws and conventions over centuries (such as in the Westminster System that developed in Britain). By contrast to codified constitutions, uncodified constitutions include both written sources – e.g. constitutional statutes enacted by the Parliament – and unwritten sources – constitutional conventions, observation of precedents, royal prerogatives, customs and traditions, such as holding general elections on Thursdays; together these constitute British constitutional law.

Mixed constitutions

Some constitutions are largely, but not wholly, codified. For example, in the Constitution of Australia, most of its fundamental political principles and regulations concerning the relationship between branches of government, and concerning the government and the individual are codified in a single document, the Constitution of the Commonwealth of Australia. However, the presence of statutes with constitutional significance, namely the Statute of Westminster, as adopted by the Commonwealth in the Statute of Westminster Adoption Act 1942, and the Australia Act 1986 means that Australia's constitution is not contained in a single constitutional document.[citation needed] It means the Constitution of Australia is uncodified,[dubious – discuss] it also contains constitutional conventions, thus is partially unwritten.

The Constitution of Canada resulted from the passage of several British North America Acts from 1867 to the Canada Act 1982, the act that formally severed British Parliament's ability to amend the Canadian constitution. The Canadian constitution includes specific legislative acts as mentioned in section 52(2) of the Constitution Act, 1982. However, some documents not explicitly listed in section 52(2) are also considered constitutional documents in Canada, entrenched via reference; such as the Proclamation of 1763. Although Canada's constitution includes a number of different statutes, amendments, and references, some constitutional rules that exist in Canada is derived from unwritten sources and constitutional conventions.

The terms written constitution and codified constitution are often used interchangeably, as are unwritten constitution and uncodified constitution, although this usage is technically inaccurate. A codified constitution is a single document; states that do not have such a document have uncodified, but not entirely unwritten, constitutions, since much of an uncodified constitution is usually written in laws such as the Basic Laws of Israel and the Parliament Acts of the United Kingdom. Uncodified constitutions largely lack protection against amendment by the government of the time. For example, the U.K. Fixed-term Parliaments Act 2011 legislated by simple majority for strictly fixed-term parliaments; until then the ruling party could call a general election at any convenient time up to the maximum term of five years. This change would require a constitutional amendment in most nations.

Amendments

Main article: Constitutional amendment

United States Constitution

A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document.

Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation.

Methods of amending

Procedures for amending national constitutions

Approval by

Supermajority needed

Countries

Legislature (unicameral, joint session or lower house only)

>50% + >50% after an election

Iceland, Sweden

>50% + 60% after an election

Estonia, Greece

60% + >50% after an election

Greece

60%

France, Senegal, Slovakia

2⁄3

Afghanistan, Angola, Armenia, Austria, Bahrain, Bangladesh, Bulgaria, Cambodia, Djibouti, Ecuador, Honduras, Laos, Libya, Malawi, North Korea, North Macedonia, Norway, Palestine, Portugal, Qatar, Samoa, São Tomé and Príncipe, Serbia, Singapore, Slovenia, Solomon Islands, Turkmenistan, Tuvalu, United Arab Emirates, Uzbekistan, Vanuatu, Vietnam, Yemen

2⁄3 after an election

Ukraine

2⁄3 after an election

Belgium

3/4

Bulgaria, Solomon Islands (in some cases)

4/5

Estonia, Portugal (in the five years following the last amendment)

Legislature + referendum

>50% + >50%

Djibouti, Ecuador, Venezuela

>50% before and after an election + >50%

Denmark

3/5 + >50%

Russia, Turkey

2/3 + >50%

Albania, Andorra, Armenia (some amendments), Egypt, Slovenia, Tunisia, Uganda, Yemen (some amendments), Zambia

2/3 + >60%

Seychelles

3/4 + >50%

Romania

3/4 + >50% of eligible voters

Taiwan

2⁄3 + 2⁄3

Namibia, Sierra Leone

75% + 75%

Fiji

Legislature + sub-national legislatures

2⁄3 + >50%

Mexico

2⁄3 + 2⁄3

Ethiopia

Lower house + upper house

2⁄3 + >50%

Poland, Bosnia and Herzegovina

2⁄3 + 2⁄3

Bahrain, Germany, India, Italy, Jordan, Namibia, Netherlands, Pakistan, Somalia, Zimbabwe

60% + 60%

Brazil, Czech Republic

75% + 75%

Kazakhstan

Lower house + upper house + joint session

>50% + >50% + 2⁄3

Gabon

Either house of legislature + joint session

2⁄3 + 2⁄3

Haiti

Lower house + upper house + referendum

>50% + >50% + >50%

Algeria, France, Ireland, Italy

>50% + >50% + >50% (electors in majority of states/cantons)+ >50% (electors)

Australia, Switzerland

2⁄3 + 2⁄3 + >50%

Japan, Romania, Zimbabwe (some cases)

2⁄3

Antigua and Barbuda

2⁄3 + >50% + >50%

Poland (some cases)[66][67]

75% + 75% + >50%

Madagascar

Lower house + upper house + sub-national legislatures

12/12

Canada (in some cases)

>50% + >50% + 2⁄3

Canada (in most cases)

2⁄3 + 2⁄3 + >50%

India (in some cases)

2⁄3 + 2⁄3 + 75%

United States

2⁄3 + 2⁄3 + 50%

Ethiopia[68]

Referendum

>50%

Estonia, Gabon, Kazakhstan, Malawi, Palau, Philippines, Senegal, Serbia (in some cases), Tajikistan, Turkmenistan, Uzbekistan

Sub-national legislatures

2⁄3

Russia

75%

United States

Constitutional convention

Argentina

2⁄3

Bulgaria (some amendments)

Some countries are listed under more than one method because alternative procedures may be used.

Entrenched clauses

An entrenched clause or entrenchment clause of a basic law or constitution is a provision that makes certain amendments either more difficult or impossible to pass, making such amendments inadmissible. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party. For example, the U.S. Constitution has an entrenched clause that prohibits abolishing equal suffrage of the States within the Senate without their consent. The term eternity clause is used in a similar manner in the constitutions of the Czech Republic,[69] Germany, Turkey, Greece,[70] Italy,[71] Morocco,[72] the Islamic Republic of Iran, Brazil and Norway.[71] India's constitution does not contain specific provisions on entrenched clauses but the basic structure doctrine makes it impossible for certain basic features of the Constitution to be altered or destroyed by the Parliament of India through an amendment.[73] The Constitution of Colombia also lacks explicit entrenched clauses, but has a similar substantive limit on amending its fundamental principles through judicial interpretations.[71]

Constitutional rights and duties

Main article: Constitutional right

Constitutions include various rights and duties. These include the following:

Duty to pay taxes[74]

Duty to serve in the military[75]

Duty to work[76]

Right to vote[77]

Freedom of assembly[78]

Freedom of association[79]

Freedom of expression[80]

Freedom of movement[81]

Freedom of thought[82]

Freedom of the press[82]

Freedom of religion[83]

Right to dignity[84]

Right to civil marriage[85]

Right to petition[86]

Right to academic freedom[87]

Right to bear arms[88]

Right to conscientious objection[89]

Right to a fair trial[90]

Right to personal development[91]

Right to start a family[92]

Right to information[93]

Right to marriage[94]

Right of revolution[95]

Right to privacy[96]

Right to protect one's reputation[97]

Right to renounce citizenship[98]

Rights of children[99]

Rights of debtors[100]

Separation of powers

Main article: Separation of powers

Constitutions usually explicitly divide power between various branches of government. The standard model, described by the Baron de Montesquieu, involves three branches of government: executive, legislative and judicial. Some constitutions include additional branches, such as an auditory branch. Constitutions vary extensively as to the degree of separation of powers between these branches.

Accountability

In presidential and semi-presidential systems of government, department secretaries/ministers are accountable to the president, who has patronage powers to appoint and dismiss ministers. The president is accountable to the people in an election.

In parliamentary systems, Cabinet Ministers are accountable to Parliament, but it is the prime minister who appoints and dismisses them. In the case of the United Kingdom and other countries with a monarchy, it is the monarch who appoints and dismisses ministers, on the advice of the prime minister. In turn the prime minister will resign if the government loses the confidence of the parliament (or a part of it). Confidence can be lost if the government loses a vote of no confidence or, depending on the country,[101] loses a particularly important vote in parliament, such as vote on the budget. When a government loses confidence, it stays in office until a new government is formed; something which normally but not necessarily required the holding of a general election.

Other independent institutions

Other independent institutions which some constitutions have set out include a central bank,[102] an anti-corruption commission,[103] an electoral commission,[104] a judicial oversight body,[105] a human rights commission,[106] a media commission,[107] an ombudsman,[108] and a truth and reconciliation commission.[109]

Power structure

Constitutions also establish where sovereignty is located in the state. There are three basic types of distribution of sovereignty according to the degree of centralisation of power: unitary, federal, and confederal. The distinction is not absolute.

In a unitary state, sovereignty resides in the state itself, and the constitution determines this. The territory of the state may be divided into regions, but they are not sovereign and are subordinate to the state. In the UK, the constitutional doctrine of Parliamentary sovereignty dictates that sovereignty is ultimately contained at the centre. Some powers have been devolved to Northern Ireland, Scotland, and Wales (but not England). Some unitary states (Spain is an example) devolve more and more power to sub-national governments until the state functions in practice much like a federal state.

A federal state has a central structure with at most a small amount of territory mainly containing the institutions of the federal government, and several regions (called states, provinces, etc.) which compose the territory of the whole state. Sovereignty is divided between the centre and the constituent regions. The constitutions of Canada and the United States establish federal states, with power divided between the federal government and the provinces or states. Each of the regions may in turn have its own constitution (of unitary nature).

A confederal state comprises again several regions, but the central structure has only limited coordinating power, and sovereignty is located in the regions. Confederal constitutions are rare, and there is often dispute to whether so-called "confederal" states are actually federal.

To some extent a group of states which do not constitute a federation as such may by treaties and accords give up parts of their sovereignty to a supranational entity. For example, the countries constituting the European Union have agreed to abide by some Union-wide measures which restrict their absolute sovereignty in some ways, e.g., the use of the metric system of measurement instead of national units previously used.

State of emergency

Main article: State of emergency

Many constitutions allow the declaration under exceptional circumstances of some form of state of emergency during which some rights and guarantees are suspended. This provision can be and has been abused to allow a government to suppress dissent without regard for human rights – see the article on state of emergency.

Facade constitutions

The National People's Congress of the People's Republic of China

Constitution

Constitution of the People's Republic of China

(Full text after amendment on March 14, 2004)

Preamble

China is a country with one of the longest histories in the world. The people of all of China’s nationalities have jointly created a culture of grandeur and have a glorious revolutionary tradition.

After 1840, feudal China was gradually turned into a semi-colonial and semi-feudal country. The Chinese people waged many successive heroic struggles for national independence and liberation and for democracy and freedom.

Great and earthshaking historical changes have taken place in China in the 20th century.

The Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China. But the historic mission of the Chinese people to overthrow imperialism and feudalism remained unaccomplished.

After waging protracted and arduous struggles, armed and otherwise, along a zigzag course, the Chinese people of all nationalities led by the Communist Party of China with Chairman Mao Zedong as its leader ultimately, in 1949, overthrew the rule of imperialism, feudalism and bureaucrat-capitalism, won a great victory in the New-Democratic Revolution and founded the People’s Republic of China. Since then the Chinese people have taken control of state power and become masters of the country.

After the founding of the People’s Republic, China gradually achieved its transition from a New-Democratic to a socialist society. The socialist transformation of the private ownership of the means of production has been completed, the system of exploitation of man by man abolished and the socialist system established. The people’s democratic dictatorship led by the working class and based on the alliance of workers and peasants, which is in essence the dictatorship of the proletariat, has been consolidated and developed. The Chinese people and the Chinese People’s Liberation Army have defeated imperialist and hegemonist aggression, sabotage and armed provocations and have thereby safeguarded China’s national independence and security and strengthened its national defence. Major successes have been achieved in economic development. An independent and relatively comprehensive socialist system of industry has basically been established. There has been a marked increase in agricultural production. Significant advances have been made in educational, scientific and cultural undertakings, while education in socialist ideology has produced noteworthy results. The life of the people has improved considerably.

The victory in China’s New-Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all nationalities, under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, by upholding truth, correcting errors and surmounting numerous difficulties and hardships. China will be in the primary stage of socialism for a long time to come. The basic task of the nation is to concentrate its effort on socialist modernization along the road of Chinese-style socialism. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of Three Represents, the Chinese people of all nationalities will continue to adhere to the people’s democratic dictatorship and the socialist road, persevere in reform and opening to the outside world, steadily improve socialist institutions, develop the socialist market economy, develop socialist democracy, improve the socialist legal system and work hard and self-reliantly to modernize the country’s industry, agriculture, national defence and science and technology step by step and promote the coordinated development of the material, political and spiritual civilizations, to turn China into a socialist country that is prosperous, powerful, democratic and culturally advanced.

The exploiting classes as such have been abolished in our country. However, class struggle will continue to exist within certain bounds for a long time to come. The Chinese people must fight against those forces and elements, both at home and abroad, that are hostile to China’s socialist system and try to undermine it.

Taiwan is part of the sacred territory of the People’s Republic of China. It is the inviolable duty of all Chinese people, including our compatriots in Taiwan, to accomplish the great task of reunifying the motherland.

In building socialism it is essential to rely on workers, peasants and intellectuals and to unite all forces that can be united. In the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China a broad patriotic united front which is composed of the democratic parties and people’s organizations and which embraces all socialist working people, all builders of socialism, all patriots who support socialism, and all patriots who stand for the reunification of the motherland. This united front will continue to be consolidated and developed. The Chinese People’s Political Consultative Conference, a broadly based representative organization of the united front which has played a significant historical role, will play a still more important role in the country’s political and social life, in promoting friendship with other countries and in the struggle for socialist modernization and for the reunification and unity of the country. The system of the multi-party cooperation and political consultation led by the Communist Party of China will exist and develop for a long time to come.

The People’s Republic of China is a unitary multi-national State created jointly by the people of all its nationalities. Socialist relations of equality, unity and mutual assistance have been established among the nationalities and will continue to be strengthened. In the struggle to safeguard the unity of the nationalities, it is necessary to combat big-nation chauvinism, mainly Han chauvinism, and to combat local national chauvinism. The State will do its utmost to promote the common prosperity of all the nationalities.

China’s achievements in revolution and construction are inseparable from the support of the people of the world. The future of China is closely linked to the future of the world. China consistently carries out an independent foreign policy and adheres to the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other’s internal affairs, equality and mutual benefit, and peaceful coexistence in developing diplomatic relations and economic and cultural exchanges with other countries. China consistently opposes imperialism, hegemonism and colonialism, works to strengthen unity with the people of other countries, supports the oppressed nations and the developing countries in their just struggle to win and preserve national independence and develop their national economies, and strives to safeguard world peace and promote the cause of human progress.

This Constitution, in legal form, affirms the achievements of the struggles of the Chinese people of all nationalities and defines the basic system and basic tasks of the State; it is the fundamental law of the State and has supreme legal authority. The people of all nationalities, all State organs, the armed forces, all political parties and public organizations and all enterprises and institutions in the country must take the Constitution as the basic standard of conduct, and they have the duty to uphold the dignity of the Constitution and ensure its implementation.

Constitution是什么意思_ Constitution的翻译_音标_读音_用法_例句_爱词霸在线词典

stitution是什么意思_ Constitution的翻译_音标_读音_用法_例句_爱词霸在线词典首页翻译背单词写作校对词霸下载用户反馈专栏平台登录 Constitution是什么意思_ Constitution用英语怎么说_ Constitution的翻译_ Constitution翻译成_ Constitution的中文意思_ Constitution怎么读, Constitution的读音, Constitution的用法, Constitution的例句翻译人工翻译试试人工翻译翻译全文简明柯林斯牛津constitution高中/CET4/CET6/考研/GRE/TOEFL/IELTS英 [ˌkɒnstɪˈtjuːʃn]美 [ˌkɑːnstɪˈtuːʃn]释义n.宪法，章程; 构造; 体质; 组成点击人工翻译，了解更多人工释义词态变化复数: constitutions;实用场景例句全部建立组成体格宪法According to the constitution…依照宪法…牛津词典to propose a new amendment to the Constitution (= of the US)对（美国）宪法提出一项新的修正案牛津词典the South African Constitution南非宪法牛津词典to have a healthy/strong/weak constitution体质健康 / 强壮 / 虚弱牛津词典the genetic constitution of cells细胞的基因构造牛津词典He recommended the constitution of a review committee.他建议设立审查委员会。牛津词典your right to vote under the constitution根据宪法所拥有的选举权牛津词典The king was forced to adopt a new constitution which reduced his powers.国王被迫采用了削弱其权力的新宪法。柯林斯高阶英语词典...the American Constitution...《美国宪法》柯林斯高阶英语词典He must have an extremely strong constitution...他的体格必定极其强壮。柯林斯高阶英语词典I've always had the constitution of an ox.我一向体壮如牛。柯林斯高阶英语词典My story is based on hard facts.我讲的内容都是以铁一般的事实为基础的.期刊摘选I do not regard the constitution of the U . K . as set in concrete.我认为英国的宪法并非不可改动.《简明英汉词典》He was a man with a sound constitution.他是个体质强健的人.《现代英汉综合大词典》The constitution guards the liberty of people.宪法保障人民的自由.《简明英汉词典》The nation's constitution provided a model that other countries follow.该国的宪法提供了他国效法的模式.《简明英汉词典》The constitution of a primitive society is not necessarily simple.原始社会的结构未必简单.《简明英汉词典》The Constitution also provides that the organs of state must practise democratic centralism.宪法还规定国家机关应实行民主集中制.《现代汉英综合大词典》The same food does not agree with every constitution.同样的食物不一定对每个人的身体都合适.《简明英汉词典》The President has suspended the constitution and assumed total power.总统废止了宪法,独揽大权.《简明英汉词典》The constitution proclaims that public property shall be inviolate.宪法宣告公共财产不可侵犯.《简明英汉词典》He trusted to his strong constitution of recovery.他依靠自己强壮的体格去战胜疾病恢复健康.《简明英汉词典》The Constitution of Canada is modeled upon that of England.加拿大的宪法是仿效英国制定的.《简明英汉词典》These important rights are enshrined in the constitution.这些重要的权利已庄严载入宪法之中.《简明英汉词典》your right to vote under the constitution根据宪法所拥有的选举权《牛津高阶英汉双解词典》He swore an oath promising to uphold and protect the country's laws and constitution.他宣誓捍卫国家的法律与宪法。柯林斯例句The constitution prohibits them from military engagement on foreign soil.宪法禁止他们在外国采取军事行动。柯林斯例句He interpreted the vote as support for the constitution and that is the spin his supporters are putting on the results today.他把这次投票解释为对宪法的支持，这也是他的支持者对今天的投票结果所作的解释。柯林斯例句Brazil says its constitution forbids the private ownership of energy assets.巴西称其宪法禁止个人占有能源资产。柯林斯例句收起实用场景例句真题例句全部考研But on the more important matter of the Constitution,the decision was an 8-0 defeat for the federal government and the states.出自-2013年考研阅读原文New, disruptive technology sometimes demands novel applications of the Constitution’s protections.出自-2015年考研阅读原文Just how much does the Constitution protect your digital data? The Supreme Court will now consider whether police can search the contents of a mobile phone without a warrant if the phone is on or around a person during an arrest.出自-2015年考研阅读原文Citizens still have a right to expect private documents to remain private and protected by the Constitution’s prohibition on unreasonable searches.出自-2015年考研阅读原文But on the more important matter of the Constitution,the decision was an 8-0 defeat for the Administration's effort to upset the balance of power between the federal government and the states.2013年考研真题（英语一）阅读理解 Section ⅡJust how much does the Constitution protect your digital data?2015年考研真题（英语一）阅读理解 Section ⅡThe framers of the Constitution envisioned law as having authority apart from politics.2012年考研真题（英语一）完形填空 Section Ⅰ收起真题例句英英释义Noun1. law determining the fundamental political principles of a government2. the act of forming something;"the constitution of a PTA group last year""it was the establishment of his reputation""he still remembers the organization of the club"3. the way in which someone or something is composed收起英英释义释义词态变化实用场景例句真题例句英

The National People's Congress of the People's Republic of China

Constitution

Constitution of the People's Republic of China

(Full text after amendment on March 14, 2004)

Chapter II The Fundamental Rights and Duties of Citizens

Article 33 All persons holding the nationality of the People’s Republic of China are citizens of the People’s Republic of China.

All citizens of the People’s Republic of China are equal before the law.

The State respects and preserves human rights.

Every citizen is entitled to the rights and at the same time must perform the duties prescribed by the Constitution and other laws.

Article 34 All citizens of the People’s Republic of China who have reached the age of 18 have the right to vote and stand for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status or length of residence, except persons deprived of political rights according to law.

Article 35 Citizens of the People’s Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.

Article 36 Citizens of the People’s Republic of China enjoy freedom of religious belief.

No State organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion.

The State protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the State.

Religious bodies and religious affairs are not subject to any foreign domination.

Article 37 Freedom of the person of citizens of the People’s Republic of China is inviolable.

No citizen may be arrested except with the approval or by decision of a people’s procuratorate or by decision of a people’s court, and arrests must be made by a public security organ.

Unlawful detention or deprivation or restriction of citizens’ freedom of the person by other means is prohibited, and unlawful search of the person of citizens is prohibited.

Article 38 The personal dignity of citizens of the People’s Republic of China is inviolable. Insult, libel, false accusation or false incrimination directed against citizens by any means is prohibited.

Article 39 The residences of citizens of the People’s Republic of China are inviolable. Unlawful search of, or intrusion into, a citizen’s residence is prohibited.

Article 40 Freedom and privacy of correspondence of citizens of the People’s Republic of China are protected by law. No organization or individual may, on any ground, infringe upon citizens’ freedom and privacy of correspondence, except in cases where, to meet the needs of State security or of criminal investigation, public security or procuratorial organs are permitted to censor correspondence in accordance with the procedures prescribed by law.

Article 41 Citizens of the People’s Republic of China have the right to criticize and make suggestions regarding any State organ or functionary. Citizens have the right to make to relevant State organs complaints or charges against, or exposures of, any State organ or functionary for violation of law or dereliction of duty; but fabrication or distortion of facts for purposes of libel or false incrimination is prohibited.

The State organ concerned must, in a responsible manner and by ascertaining the facts, deal with the complaints, charges or exposures made by citizens. No one may suppress such complaints, charges and exposures or retaliate against the citizens making them.

Citizens who have suffered losses as a result of infringement of their civic rights by any State organ or functionary have the right to compensation in accordance with the provisions of law.

Article 42 Citizens of the People’s Republic of China have the right as well as the duty to work.

Through various channels, the State creates conditions for employment, enhances occupational safety and health, improves working conditions and, on the basis of expanded production, increases remuneration for work and welfare benefits.

Work is a matter of honour for every citizen who is able to work. All working people in State-owned enterprises and in urban and rural economic collectives should approach their work as the masters of the country that they are. The State promotes socialist labour emulation, and commends and rewards model and advanced workers. The State encourages citizens to take part in voluntary labour.

The State provides necessary vocational training for citizens before they are employed.

Article 43 Working people in the People’s Republic of China have the right to rest.

The State expands facilities for the rest and recuperation of the working people and prescribes working hours and vacations for workers and staff.

Article 44 The State applies the system of retirement for workers and staff members of enterprises and institutions and for functionaries of organs of State according to law. The livelihood of retired persons is ensured by the State and society.

Article 45 Citizens of the People’s Republic of China have the right to material assistance from the State and society when they are old, ill or disabled. The State develops social insurance, social relief and medical and health services that are required for citizens to enjoy this right.

The State and society ensure the livelihood of disabled members of the armed forces, provide pensions to the families of martyrs and give preferential treatment to the families of military personnel.

The State and society help make arrangements for the work, livelihood and education of the blind, deaf-mutes and other handicapped citizens.

Article 46 Citizens of the People’s Republic of China have the duty as well as the right to receive education.

The State promotes the all-round development of children and young people, morally, intellectually and physically.

Article 47 Citizens of the People’s Republic of China have the freedom to engage in scientific research, literary and artistic creation and other cultural pursuits. The State encourages and assists creative endeavours conducive to the interests of the people that are made by citizens engaged in education, science, technology, literature, art and other cultural work.

Article 48 Women in the People’s Republic of China enjoy equal rights with men in all spheres of life, in political, economic, cultural, social and family life.

The State protects the rights and interests of women, applies the principle of equal pay for equal work to men and women alike and trains and selects cadres from among women.

Article 49 Marriage, the family and mother and child are protected by the State.

Both husband and wife have the duty to practise family planning.

Parents have the duty to rear and educate their children who are minors, and children who have come of age have the duty to support and assist their parents.

Violation of the freedom of marriage is prohibited. Maltreatment of old people, women and children is prohibited.

Article 50 The People’s Republic of China protects the legitimate rights and interests of Chinese nationals residing abroad and protects the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad.

Article 51 Citizens of the People’s Republic of China, in exercising their freedoms and rights, may not infringe upon the interests of the State, of society or of the collective, or upon the lawful freedoms and rights of other citizens.

Article 52 It is the duty of citizens of the People’s Republic of China to safeguard the unification of the country and the unity of all its nationalities.

Article 53 Citizens of the People’s Republic of China must abide by the Constitution and other laws, keep State secrets, protect public property, observe labour discipline and public order and respect social ethics.

Article 54 It is the duty of citizens of the People’s Republic of China to safeguard the security, honour and interests of the motherland; they must not commit acts detrimental to the security, honour and interests of the motherland.

Article 55 It is the sacred duty of every citizen of the People’s Republic of China to defend the motherland and resist aggression.

It is the honourable duty of citizens of the People’s Republic of China to perform military service and join the militia in accordance with law.

Article 56 It is the duty of citizens of the People’s Republic of China to pay taxes in accordance with law.

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imtoken官方正版安卓版|constitution

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CONSTITUTION中文(简体)翻译：剑桥词典

constitution是什么意思_constitution的翻译_音标_读音_用法_例句_爱词霸在线词典

Constitution为什么既指“宪法”，也指“饭后百步走” - 知乎

Constitution of the People's Republic of China

Constitution of the United States - Wikipedia

CONSTITUTION中文(繁體)翻譯：劍橋詞典

Constitution - Wikipedia

The National People's Congress of the People's Republic of China

Constitution是什么意思_ Constitution的翻译_音标_读音_用法_例句_爱词霸在线词典

The National People's Congress of the People's Republic of China

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