Back to the video list: North American History

 

The legal basis of the U.S. society is the constitution and the first ten amendments, the Bill of Rights. The United States constitution was passed in the year 1787 and the Bill of Rights was passed in 1789.

 

Video

 

 

Overview

  • Date: 17 Sep 1787 & 25 Sep 1789
  • Location: United States of America
  • Event: Continental Congress passes the U.S. Constitution & U.S. Congress passes the Bill of Rights

 

Parties & Persons Involved

With regards to the U.S. Constitution the following Founding Fathers are of special importance:

  • John Adams (1735 – 1826)
  • Benjamin Franklin (1706 – 1790)
  • Alexander Hamilton (1755 – 1804)
  • Thomas Jefferson (1743 – 1826)
  • James Madison (1751 – 1836)
  • George Washington (1732 – 1799)

 

Background

  • The 13 states gain their independence from Great Britain in the American Revolution
  • The 13 states are united in a loose confederation
  • The federal government is rather weak
  • The 13 states are divided with regards to the powers given to the central government & to the states
  • All of the 13 states have a strictly republican attitude

 

History

Prehistory

  • 1765 – 1783: American Revolution
  • 04 Jul 1776: Declaration of Independence
  • 05 Nov 1777: The Continental Congress passes the Articles of Confederation which define the USA as a loose confederation with a relatively weak central government
  • 01 Mar 1781: All of the 13 states have ratified the Articles of Confederation

 

Events in Connection with the American Constitution

  • 25 May 1787: Constitutional Convention with delegates from the 13 states convenes to improve the Articles of Confederation
  • 17 Sep 1787: The Constitutional Convention passes the American Constitution
  • 21 Jun 1788: The states ratify the constitution
  • 04 Mar 1789: 1st U.S. Congress convenes
  • 30 Apr 1789: Inauguration of George Washington as 1st U.S. President

 

The U.S. Constitution

  • Art. 1: Legislative – Congress with House of Representatives & Senate
  • Art. 2: Executive – U.S. President
  • Art. 3: Judicative – Court system with the Supreme Court
  • Art. 4: Relations between states & U.S. government
  • Art. 5: Process for amending the Constitution
  • Art. 6: Constitution & federal law in the states
  • Art. 7: Process of ratification

 

 

Events in Connection with the Bill of Rights

  • From 1787: With the Constitutional Convention the conflict between Federalists & Anti-Federalists rises – strong central government vs. strong single states
  • 25 Sep 1789: Congress passes 12 amendments to the Constitution
  • Until 15 Dec 1791: The states ratify all or some of the 12 amendments so that the amendments 3 – 12 eventual come into effect & from the Bill of Rights (1st 10 amendments)

 

The Bill of Rights

  • 1st Amendment: Freedom of religion, speech & press
  • 2nd Amendment: Right to keep & bear arms
  • 3rd Amendment: Restricting the quartering of soldiers in private houses
  • 4th Amendment: Protection against unreasonable searches & seizures
  • 5th Amendment: Protection against double jeopardy, self-incrimination & an undue process
  • 6th Amendment: Right to a speedy & public trial by an impartial jury, information of criminal   charges, confront witnesses, compel witnesses to appear in court & assistance of a counsel
  • 7th Amendment: Guaranteeing jury trials in civil cases dealing with substantial claims
  • 8th Amendment: Prohibition of excessive bails or fines & cruel & unusual punishments
  • 9th Amendment: Clarifying that the rights stated in the Constitution are not an exhaustive listing
  • 10th Amendment: Reinforcing the principles of separation of powers & federalism

 

Consequences & Impact

  • American Constitution:
    • The constitution makes the USA capable of acting as nation state
    • Precondition for a rather well-organised territorial expansion of the USA
    • Basis for the international ascent of the USA
  • Bill of Rights:
    • Initially the Bill of Rights has near to none influence on U.S. jurisdiction
    • In the 20th & 21st century the Bill of Rights is the basis for several decisions of the Supreme Court