What is a Constitution?

A constitution is a set of rules and principles that establishes the basic structure and limits of government. Most constitutions include provisions describing the relationship between a head of government (the executive branch), legislative branches, and judicial branches and establish a system of checks and balances among them. They also protect various individual rights.

The United States Constitution was the result of months of passionate, thoughtful deliberation among delegates to the 1787 Constitutional Convention in Philadelphia. James Madison drafted the document’s first draft, and he and other delegates worked through several revisions to bridge a variety of differences.

For example, Article I created the bicameral legislature known as Congress, with representation based on each state’s free population plus three-fifths of its enslaved population (the Great Compromise). The Constitution also established the method for electing the President and laid down rules for his eligibility (natural born citizen at least 35 years old), term length and other matters. It also established the “Full Faith and Credit” clause, which requires that state governments give full faith and credit to public acts, records, and court proceedings of other states. It also gives Congress the power to regulate the manner in which proof of these acts may be admitted in court.

The Constitution also grants the President authority to veto legislative acts, and Congress the power to override a presidential veto with a two-thirds vote in each house. In addition, the Constitution includes the Necessary and Proper Clause, which lays out eight specific limitations on congressional power.