What is a constitution?
A constitution is a set of rules that defines a nation and its government. It grants authority to the government and sets out how it will operate. Most constitutions are written and are a higher law than ordinary laws that are made by legislatures. In fact, the U.S. Constitution specifically declares in Article VI that it is the "supreme Law of the Land" and that all judges and state laws shall be bound by the Constitution. It is also more difficult to change the Constitution than it is to change ordinary laws.
Why do we need a constitution?
Who can write a constitution?
Constitutions are created in a variety of ways, but it is generally accepted that those who write the constitution have to represent the people of the nation. The U.S. Constitution was written in 1787 by men who were selected as representatives by their states to attend what we now call the "Constitutional Convention." For the Constitution to have force, it had to be ratified (or approved) by the people of the states.
Who do you think should write a country's constitution?
What powers should a constitution grant the government?
The Founding Fathers felt that the only way to ensure an individual's freedoms was through good government. They also felt that the greatest danger to a person's freedoms was from bad (or tyrannical) government. They tried to give government the power to protect our freedoms, but not enough power to endanger them.
What powers do you think the government should have?
Where does the government get its power?
The Founding Fathers concluded that government power has to come from the people. In the past, some rulers said they were in charge because God had placed them in a position to rule. This philosophy is called the "Divine Right of Kings." The Constitution states that it is the American people who put the government in charge.
What do you think?
Are rights important to have in a constitution?
Most constitutions include a list of people's rights. The U.S. Constitution originally did not have a Bill of Rights. To secure ratification of the Constitution in Virginia, James Madison agreed to lead the effort to add a Bill of Rights to the Constitution. Many say that if rights are not listed, government officials might abuse the freedoms of its people. On the other hand, some believe that simply having a list of rights is not necessarily a guarantee that a government will respect freedoms.
Do you think rights should be included in a constitution?
Where do our rights come from?
One view is that the rights of the people are granted by their government. In contrast, the Declaration of Independence says that individuals "are endowed by their Creator with certain unalienable Rights." According to this view, all people possess the same "natural rights" because we are all human beings.
Where do you think rights come from?
Are there more rights than the ones listed in the Bill of Rights?
The Declaration of Independence states that among the rights people have are "life, liberty and the pursuit of happiness." The word "among" implies that there are more rights. The 9th Amendment to the Constitution declares that the rights listed in the Bill of Rights should not be considered the only rights that a person possesses.
Do you think we have different rights now than the Founding Fathers had in the 18th century, or do rights stay the same through time?
Should constitutions be changeable?
James Madison warned that changing a constitution too often would result in chaos. On the other hand, Thomas Jefferson argued that constitutions should be rewritten every 20 years or so. The U.S. Constitution attempts to strike a balance by allowing for "amendments." Since its ratification, there have been over 10,000 proposals to amend the Constitution, but it has only been amended 27 times and of these, the first ten Amendments (the Bill of Rights) were all added at once.
What do you think are the advantages and disadvantages of making a constitution changeable?
The Preamble to the U.S. Constitution is often quoted...
"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."
What does the Preamble mean to you?
