What the Constitution Is
The Constitution is the founding law of the United States: it creates the federal government, limits its power, and sits above every other law in the country. Delegates signed it on September 17, 1787 in the Pennsylvania State House in Philadelphia, where the Declaration of Independence was signed (text; National Archives). It has seven articles, which set up the government, and 27 amendments, which were added later, including the 10 in the Bill of Rights.
Key facts
- The original Constitution has 4,543 words, including the signatures, and takes about half an hour to read (National Archives).
- 55 delegates attended the Constitutional Convention and 39 signed (National Archives).
- It took effect when the ninth state, New Hampshire, ratified it on June 21, 1788 (National Archives).
- It has been amended 27 times, and 26 of those amendments are in force today. See all 27 amendments.
It opens with a one-sentence Preamble that states its purpose:
"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." (National Archives)
- 7
- Articles in the original Constitution
- 27
- Amendments ratified, 1791 to 1992
- 39
- Signers, out of 55 delegates who attended
- 4,543
- Words in the original text
Who Wrote the Constitution
Delegates to the Constitutional Convention wrote the Constitution together in Philadelphia in the summer of 1787, and 39 of them signed it. 55 delegates from 12 states took part; Rhode Island sent none (National Archives). George Washington presided.
Two names come up most:
- James Madison of Virginia is called the “Father of the Constitution” because, the National Archives says, “in point of erudition and actual contributions to the formation of the Constitution he was preeminent” (National Archives).
- Gouverneur Morris of Pennsylvania served on the Committee of Style, which put the draft into nearly final form on September 12, 1787. The Archives says the literary form “is believed to be largely that of Morris” (National Archives).
Thomas Jefferson was the American minister to France at the time and did not attend. The Archives says the Bill of Rights was adopted “partly through his insistence” (National Archives). The oldest delegate was Benjamin Franklin, 81, and the youngest Jonathan Dayton, 26.
Of the 55 who attended, 16 did not sign. Some had gone home, and three who stayed, Edmund Randolph and George Mason of Virginia and Elbridge Gerry of Massachusetts, refused. One of the 39 signatures, John Dickinson’s, was added at his request by George Read because Dickinson was absent (National Archives).
The Seven Articles of the Constitution
The seven articles set up the three branches, the relationship among the states, the amendment process, federal supremacy, and ratification. The first three articles create Congress, the presidency and the courts, in that order, and Article I alone makes up 53% of the text of the articles (National Archives).
| Category | Value |
|---|---|
| Article I | 2246 |
| Article II | 1015 |
| Article III | 369 |
| Article IV | 320 |
| Article V | 143 |
| Article VI | 154 |
| Article VII | 24 |
Source: counted from the National Archives transcription of the Constitution, article text only (the Preamble, signatures and notes are excluded).
Article I, The Legislative Branch
Creates Congress, with a House based on population and a Senate with two members per state. Section 8 lists Congress's powers, including taxing, borrowing, regulating trade between states and with other nations, and declaring war. Section 9 limits them, including protecting habeas corpus.
Go deeper: War powers, Impoundment, The census, Habeas corpus, Emoluments clause.
Article II, The Executive Branch
Creates the presidency. It sets how the president is chosen through electors, makes the president commander in chief, lets the president make treaties with the consent of two-thirds of the senators present and appoint officials with Senate consent, and provides for removal by impeachment.
Go deeper: Electoral College, Executive orders, Pardon power, Impeachment.
Article III, The Judicial Branch
Creates the Supreme Court and lets Congress create lower federal courts. Judges serve during "good Behaviour," which in practice means for life. It also guarantees jury trials in federal criminal cases and defines treason narrowly.
Go deeper: Judicial review, Court packing, The shadow docket.
Article IV, The States
Requires each state to give "Full Faith and Credit" to other states' laws, records and court proceedings, entitles the citizens of each state to the "Privileges and Immunities" of citizens in the others, sets rules for admitting new states, and promises every state a republican form of government.
Go deeper: Federalism.
Article V, Amending the Constitution
Sets the two-step process for changing the Constitution: two-thirds of both houses of Congress (or a convention called at the request of two-thirds of the state legislatures) proposes, and three-fourths of the states ratify.
Go deeper: All 27 amendments.
Article VI, The Supreme Law of the Land
Makes the Constitution, federal laws and treaties "the supreme Law of the Land," binding on state judges. It requires every federal and state official to swear to support the Constitution and bans any religious test for public office.
Go deeper: Supremacy clause, Church and state.
Article VII, Ratification
Says the Constitution takes effect among the ratifying states once conventions in nine states approve it.
How the Constitution divides power among the three branches
The power of courts to strike down laws is not written in the Constitution. The Supreme Court claimed it in 1803 in Marbury v. Madison, holding that “a law repugnant to the constitution is void” and that “it is emphatically the province and duty of the judicial department to say what the law is” (the opinion). Our judicial review guide explains how.
The Supreme Law of the Land
The Constitution is the supreme law of the land, together with federal laws made under it and treaties. Article VI says so directly:
”This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” (National Archives)
That sentence, the supremacy clause, is why a state law that conflicts with valid federal law gives way, and why no law, federal or state, can override the Constitution itself. Our supremacy clause guide covers how courts apply it, and our federalism guide and 10th Amendment guide cover the powers the states keep.
Article VI also requires every federal and state official to take an oath to support the Constitution and says “no religious Test shall ever be required” for public office (National Archives).
How the Constitution Was Ratified
The Constitution needed approval from conventions in 9 of the 13 states, and it reached that mark on June 21, 1788. People did not vote on it directly; each state held a special convention (National Archives).
From convention to a working government, 1787 to 1789
- May 25, 1787 The convention opens Delegates reach a quorum in Philadelphia, 11 days after the scheduled start.
- September 17, 1787 The Constitution is signed 39 delegates sign after fewer than 100 working days of drafting.
- January 9, 1788 Five states ratify Delaware, Pennsylvania, New Jersey, Georgia and Connecticut.
- February 6, 1788 Massachusetts ratifies, 187 to 168 Federalists agree to recommend amendments, an early promise of a bill of rights.
- June 21, 1788 New Hampshire is the ninth state The Constitution is now binding among the ratifying states.
- March 4, 1789 The new government begins North Carolina and Rhode Island ratify after George Washington takes office.
Sources: National Archives, Questions and Answers Pertaining to the Constitution; A More Perfect Union.
The Archives names Massachusetts, Virginia and New York as the greatest contests. New York ratified by 30 to 27, Massachusetts by 187 to 168, and Virginia by 89 to 79 (National Archives). State conventions offered at least 78 amendments along the way (National Archives). The first Congress answered with the Bill of Rights, ratified in 1791 (National Archives).
How the Constitution Changes
The Constitution changes only through amendments under Article V: two-thirds of both houses of Congress proposes one, and three-fourths of the states, 38 of 50 today, must ratify it. Article V also allows a convention called at the request of two-thirds of the state legislatures to propose amendments (National Archives). It has happened 27 times. Courts also shape what the words mean in practice through their rulings.
Our constitutional amendments guide lists all 27 with dates and plain summaries, the amendments that were sent to the states and never ratified, and how the Article V process works step by step.
Constitution Questions
What is the Constitution?
The Constitution is the founding law of the United States. Signed on September 17, 1787, it creates the three branches of the federal government, divides power between the national government and the states, and, with its 27 amendments, protects individual rights. It is the supreme law of the land.
Who wrote the Constitution?
55 delegates to the Constitutional Convention in Philadelphia wrote it together, and 39 signed it. James Madison is called the Father of the Constitution for his role in shaping it, and the National Archives says the final wording is believed to be largely that of Gouverneur Morris, a member of the Committee of Style that revised the draft.
What is the supreme law of the land?
The Constitution. Article VI says the Constitution, federal laws made under it, and treaties are “the supreme Law of the Land,” and judges in every state are bound by them even if a state law says otherwise.
What are the first three words of the Constitution?
“We the People.” The Preamble, the one-sentence statement of purpose at the top of the Constitution, begins with them.
When was the Constitution ratified?
The Constitution took effect when the ninth state, New Hampshire, ratified it on June 21, 1788. The new government began on March 4, 1789, and North Carolina and Rhode Island ratified after George Washington took office.
Can the Constitution be changed?
Yes, through amendments under Article V. Two-thirds of both houses of Congress propose an amendment (or a convention called at the request of two-thirds of the state legislatures does), and three-fourths of the states, 38 of 50, must ratify it. It has been amended 27 times.
What You Can Do
- Read the whole thing. The original text takes about half an hour, and the National Archives transcription is free.
- Know your rights under the amendments, starting with the First Amendment, the Fourth Amendment and the Fifth Amendment.
- Ask your members of Congress how they use Article I powers, such as approving war and spending. Our letter-writing guide shows how.
- Mark Constitution Day, September 17, by reading one article with your family, class or group.