Constitution

"The highest law in the land"

The Constitution is a single document, or piece of writing, that sets out a plan for the United States government. This plan includes some of the most important rules and laws in the United States. No laws are allowed to go against the Constitution. So, the Constitution is often called "the highest law in the land."

What is a right?

The people who wrote the Constitution believed that all humans are born with rights. A right is something you are always allowed to do or to have. For example, life is a right because no one is allowed to take your life away.

The Constitution didn't always include the right to vote. Women could not vote for over 100 years. But in 1920, the Constitution was changed to protect women's right to vote.

How does the Constitution protect Americans' rights?

The Constitution says that the government's job is to protect people's rights. That means the government cannot take away people's rights. Here are some that the Constitution talks about:

• the right to say and write what you want

• the right to choose your own religion

• the right to form groups

Over time, the Constitution has added more rights to the list of protected rights. The Constitution now protects the rights of more people.

How was the Constitution written?

The Constitution was written at a convention, or meeting, in Philadelphia. Leaders from all 13 original states were invited to the convention. Most of these leaders were wealthy. Over half of them were lawyers, or people who work with the law.

Why were only white men included in writing the Constitution?

At the time, only white men could be in the government. Enslaved people, Native Americans, and women did not have equal rights.

A lot has changed since the Constitution was written. Now the Constitution says that slavery is against the law. It also says that all laws must protect all people equally.

Did the Constitution invent the idea of a republic?

No! In 1787, most European governments were monarchies, or led by a single ruler. But republics existed thousands of years before the United States began.

The Framers based many of their ideas on the examples of ancient Greece and the Roman Republic.

How is a republic different from a democracy?

Today, Americans often say they live in a democracy. But to the Framers, "republic" and "democracy" were much different:

• In a republic, people vote on leaders, or representatives, who create laws. Today, this system of government is often called a representative democracy.

• In a democracy, people create and vote on laws themselves. Today, this system of government is often called direct democracy.

How does the Constitution limit the federal government's power?

The Constitution says that the federal government can only do the things allowed in the Constitution. The Constitution also lists many of the things the government can never do.

Today, the national bank of the United States is known as the Federal Reserve System, or "the Fed" for short.

Does the government ever use powers that aren't in the Constitution?

Yes. At many times in American history, the federal government has claimed new or extra powers for itself. Often, it uses extra powers that it says are necessary, or needed, to do a job.

For example, the Constitution says the federal government is allowed to print and control money. To control money, the government created a national bank. The Constitution never said the government could make a national bank. But the leaders thought a national bank was necessary, so the government was allowed to make one.

Judicial review: deciding what the Constitution means

It is not always clear what many parts of the Constitution mean. Disagreements have been common ever since the Constitution was written.

The Constitution says it is the judicial branch's job to settle disagreements over the law. In 1804, Justice John Marshall wrote that this job must include the power to decide what the Constitution means:

It is emphatically the province and duty of the judicial department to say what the law is.

emphatically:definitely, clearly

province:job

The power Marshall described is now known as judicial review. Although judicial review is not mentioned in the Constitution, it is now one of the main functions of the judicial branch. No other part of the government can challenge what the Supreme Court says about the Constitution.

Why do so many people need to agree on an amendment?

Remember that the Constitution is the highest law in the United States. Any changes to the highest law can have a big effect on the entire country. So, people from all around the country need to agree that the changes are good ideas.

How are most amendments proposed?

The Constitution describes two ways to propose constitutional amendments. However, Americans have only ever used one way! So far, all the amendments to the Constitution have started as suggestions in Congress.

From time to time, many Americans have talked about holding another constitutional convention to suggest amendments. But a second convention hasn't happened yet.