Constitution of the United States: A Brief Guide

Introduction Although the Constitution of the United States is a fairly brief document, it is broad in scope. It defines the structure of the U.S. legal system by allocating power and responsibility among the three branches of government and describes its fundamental principles, including separation of power, checks and balances, and shared authority of federal and state governments.  As the "supreme Law of the Land" all other laws must be written in accordance with and are subordinate to the Constitution.  Constitutional research often focuses on historical background, intrepretation by the courts, scholarly analysis, and legislative action rather than actual constitutional language. The Declaration of Independence is the prelude document to the Constitution.

Arrangement

Although, not officially part of the Constutition, the introduction, or Preamble, explains the purpose of the Constitution and power of the government as originating from the people of the United States emphasized by the first three words, "We the People."

The Constitution is divided into seven articles on different topics.  Each article is further divided into sections.

• Article I deals with the legislative branch of government
• Article II concerns the executive branch of government
• Article III establishes the Supreme Court as the highest judicial power in the United States
• Article IV defines the relationship between the states
• Article V describes the procedure for amending the Constitution
• Article VI declares itself, the Constitution, as "the supreme Law of the Land"
• Artice VII ratifies the Constitution

There have been twenty-seven amendments to the Constitution:

• The first ten amendments, the Bill of Rights, guarantee fundamental rights of individuals, including freedom of religion, speech, press, assembly, speedy jury trial in criminal cases, protection against excessive bail, and cruel and unusual punishment.
• Amendments 11 through 27 address issues relating to lawsuits brought against states, the electoral vote, prohibition of slavery, equal protection, voting rights, creation of the federal income tax, popular election, prohibition (and its repeal), and term limits.
  
  
  
  

Selected Research Sources

Intrepretation

Constitution and Its Amendments. This 4 volume set is a collection of essays arranged by topic and within the context of each Article and Amendment of the Constitution.  Geared for students learning about the Constitution, essays are descriptive of historical context including a detailed discussion of developments in chronological sequence.  New York: Macmillan, 1999. (Main Reference KF4557 .C66 1999)

Constitution of the United States of America: Analysis and Intrepretation.  Prepared by the Congressional Research Service, Library of Congress, 2002 with Supplements. Several editions have been published since 1913 the include the text of the Constitution interspered with references to Supreme Court decisions, detailed commentary, historical background, and law journal references. (most recent print version at Main Reference Desk KF4527 .U54 2004)

Encyclopedia of the American Constitution. 2nd ed. New York: Macmillan, 2000. This 6 volume set includes thousands of articles on doctrine, court decisions, historical periods, and biographies written by constitutional scholars. (Main Reference KF 4548 .E53 2000)

Historical Background

The Debates in the Several State Conventions on the Adoption of the Federal Constitution. Also known as Elliot's Debates, is considered the best source for materials about the national government's transitional period between the closing of the Constitutional Convention in September 1787 and the opening of the First Federal Congress in March 1789. (Main Library JK141 1888a; JK141 1836b; Gov. Pubs. Collection JK141 1836)

Documentary History of the First Federal Congress of the United States of America, March 4, 1789 - March3, 1791. Baltimore: Johns Hopkins University Press, 1972 - .  This is a full record of the debates and actions of the first Congress and includes both official papers and all unofficial material such as letters, newspaper accounts, shorthand transcriptions of debates, diaries, etc.  17 vols. (Gov. Pubs. Collection JK1059 1st .D6)

Documents Illustrative of the Formation of the Union of the American States traces the evolution of primary document drafts and alternate proposals. Washington: Government Printing Office, 1927. (Gov. Publications Collection Oversized JK 11 1927; Main Refrence JK 11 1927)

Federalist Papers contains eighty-five compelling essays of James Madison, John Jay, and Alexander Hamilton that explain and defend the advantages of adopting the proposed Constitution.  Several print editions are available (Main Library JK154 1961c; KF4515 .F45 1945)

Founders' Constitution provides experts from the Constitution and from primary documents associated with the development, political arguments and rationale of the authors and adopters of the Constitution.  Chicago, University of Chicago Press,1987 (5 vols.) (Main Oversize FOLIO KF4502 .F68 1987)

Letters of Delegates to Congress attempts to provide all the documents including diaries, public papers, essays, and other documents written by delegates during their years of service in the First and Second Continental Congresses, 1774-1789.  26 volumes (Main Library JK1033 .L47)

Records of the Federal Convention of 1787, edited by Max Farrand (4 vols.) is the standard sources for daily records from the Constitutional Convention with notes by participants and draft versions of planning documents. Revised edition. New Haven, Yale Univ. Press,1966. (Main Library JK141 1966 a; Gov. Publications Collection 342.732 .U58 1911)

Bibliographies

Comprehensive Bibliography of American Constitutional and Legal History, 1896-1979. (5 vols.) Two supplementary volumes for 1980-1987 are available in Law Library. This scholarly bibliography lists books, journal articles and dissertations on topics of American legal history and Constitutional doctrine. Millwood, N.Y.: Kraus International Publications, 1984. (Main Reference Collection KF4541 .H34 1984)

Selected Bibliography of American Constitutional History, by Stephen M. Millett, provides references to books and journal articles preceded by an introductory essay.  (Main Reference Collection KF4546 .M54)

U.S. Constitution:A Guide to Information Sources, by Earlean M. McCarrick. (4 vols.) This single volume annotated bibliography contains references to both primary and secondary sources arranged by subject and Constitutional Article and Amendment.  Detroit: Gale Research, 1980) (Main Reference Collection KF4546.A1 M26)

Related Resources

American State Papers Full-text legislative and executive documents, many originating from the important period between 1789 through 1838, including 1st Congress, 1st Session through 25th Congress, 2nd Session. Arranged in ten topical classes related to foreign relations, Indian affairs, finance, commerce and navigation, military affairs, naval affairs, post office department, public lands, claims, as well as miscellaneous documents.

Annals of Congress, officially known as The Debates and Proceedings in the Congress of the United States, cover the 1st Congress through the first session of the 18th Congress, from 1789 to 1824, were compiled between 1834 and 1856, using the best records available, primarily newspaper accounts. (Gov.Pubs. Collection J11 .A5 cong./session)

LexisNexis Congressional is a comprehensive index to U.S. Congressional materials including members and committees information, bills, laws, hearing transcripts, committee prints, documents, the Congressional Record, Federal Register, Code of Federal Regulations, U.S. Code, and Congressional Research Service reports.  Many full-text documents.

Serial Set When completed in 2009, this digital full-text edition will contain all documents, maps, and illustrations contained in the Serial Set from 1817 to 1980.   One may search by keyword, individual name, date, and full-text or browse by subject, publication type, committee, and Congress.  Links to related topics are included with each search.

M. Mason
September 2007