3.1: Introduction

Independence Hall, meeting site of the Constitutional Convention, still stands in Philadelphia’s Old City neighborhood.

America is a nation of laws. Its people and institutions are bound by rules telling them what they must do and what they must not do. When we think about laws, what usually come to mind first are statutes. A statute is a law passed by a legislature for some specific purpose, such as a new tax, a disaster relief package, or a ban on a hazardous chemical.

What gives legislatures the right to pass laws? It cannot be some law that they passed themselves, for they would have had no right to do so. Rather, they draw their legitimacy from another law, one they did not pass, that lays out how laws can be made. This type of law is a constitution, a set of basic laws that structure a government.

Written in 1787 and ratified in 1788, the United States Constitution is the oldest active codified constitution in the world. (San Marino and the United Kingdom have constitutions that are older but uncodified, meaning they are compiled from numerous laws and customs rather than standalone documents.) Despite several amendments, its core has remained intact for almost a quarter of a millennium. Such constitutional stability is unusual. In the time since America adopted its current constitution, France has adopted 16, and the Dominican Republic has adopted 32.

The U.S. Constitution is not uncontroversial. People disagree on how to interpret its words, which are often vague and nonspecific. Many feel that certain things should be added to, removed from, or changed in it. Still, the durability and longevity of the Constitution suggest the Founders hit upon some fundamental truths about politics and power when they wrote it. To understand their way of thinking, it helps to remember the historical context in which the Constitution was written.