The foundations of U.S. government is rooted in the self-evident truth that all men are created equal, endowed with unalienable Rights, including Life, Liberty and the pursuit of Happiness¹. To secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed¹. This revolutionary ideal emphasizes that ultimate authority resides in the people alone².

The nation’s founders recognized the inefficiency of the subsisting federal government³ under the Articles of Confederation, which was deemed insufficient to preserve the Union³. Key defects included its inability to raise revenue effectively, lacking a general power of taxation⁴, leaving the Union **”destitute of this essential support”**⁵. Measures from the Union were often not executed because they legislated upon states in their collective capacities, requiring the **”concurrence of thirteen distinct sovereign wills”**⁶ which resulted in **”incurable disorder and imbecility”**⁶ and “national humiliation”⁵. This led to **”impending anarchy”**⁷ and left states vulnerable to foreign influence and internal dissensions⁸. The absence of a single, energetic executive⁹ for steady law administration and a sufficient judiciary¹⁰ contributed to this weakness.

The Constitution was thus proposed to establish a **”firm national government”**¹¹. It created a **”compound republic”**¹² where power is initially divided between two distinct governments – federal and state – and then further subdivided among separate departments within each, providing **”double security”**¹² for the people’s rights.

This new system embraced the separation of powers¹³ into three branches:

• The Legislative Branch (Congress) consists of a bicameral House of Representatives and Senate. The House, with members elected biennially¹⁴, is designed for **”immediate dependence on, and an intimate sympathy with, the people”**¹⁴. The Senate, providing stability, originally had senators chosen by state legislatures¹⁵ for six-year terms¹⁵, with equal representation for states¹⁶. Congress holds powers such as levying taxes¹⁷, declaring war¹⁷, raising armies and fleets¹⁷, and regulating commerce¹⁸.
• The Executive Branch (President) is vested in a single magistrate¹⁹ elected for a four-year term²⁰, emphasizing unity, duration, and competent powers²¹. The President serves as **”commander-in-chief of the army and navy”**²² and can grant reprieves and pardons²³.
• The Judicial Branch established one Supreme Court and inferior courts²⁴. Judges hold their offices **”during good behavior”**²⁵ with fixed support²⁶, which is considered a highly valuable aspect for ensuring impartial administration of laws²⁷. The judiciary’s power extends to cases arising under the Constitution, U.S. laws, and treaties²⁸, which are the **”SUPREME LAW of the land”**²⁹.

This structure employs checks and balances³⁰, a **”partial intermixture”**³¹ of powers allowing each department **”a constitutional control over the others”**³² to prevent usurpation. State governments retain **”residuary and inviolable sovereignty”**³³ over unenumerated objects, while the federal government handles national interests³⁴.

The Bill of Rights, the first ten amendments to the Constitution³⁵, was added to **”prevent misconstruction or abuse of its powers”**³⁶ and to **”extend the ground of public confidence in the Government”**³⁶. It secures fundamental liberties, such as trial by jury in criminal cases³⁷.

Footnote List

¹ Excerpts from “Declaration of Independence: A Transcription | National Archives”: https://www.archives.gov/founding-docs/declaration-transcript

² Excerpts from “Federalist Nos. 41-50 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 46): https://guides.loc.gov/federalist-papers

³ Excerpts from “Federalist Nos. 1-10 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 1): https://guides.loc.gov/federalist-papers

⁴ Excerpts from “Federalist Nos. 21-30 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 30): https://guides.loc.gov/federalist-papers

⁵ Excerpts from “Federalist Nos. 21-30 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 30): https://guides.loc.gov/federalist-papers

⁶ Excerpts from “Federalist Nos. 1-10 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 9): https://guides.loc.gov/federalist-papers

⁷ Excerpts from “Federalist Nos. 1-10 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist Nos. 1, 6, and 18): https://guides.loc.gov/federalist-papers

⁸ Excerpts from “Federalist Nos. 1-10 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist Nos. 2 and 6): https://guides.loc.gov/federalist-papers

⁹ Excerpts from “Federalist Nos. 61-70 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 70): https://guides.loc.gov/federalist-papers

¹⁰ Excerpts from “Federalist Nos. 71-80 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 78): https://guides.loc.gov/federalist-papers

¹¹ Excerpts from “Federalist Nos. 31-40 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 40): https://guides.loc.gov/federalist-papers

¹² Excerpts from “Federalist Nos. 51-60 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 51): https://guides.loc.gov/federalist-papers

¹³ Excerpts from “Federalist Nos. 41-50 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 47): https://guides.loc.gov/federalist-papers

¹⁴ Excerpts from “Federalist Nos. 51-60 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 52): https://guides.loc.gov/federalist-papers

¹⁵ Excerpts from “Federalist Nos. 61-70 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist Nos. 62 and 67): https://guides.loc.gov/federalist-papers

¹⁶ Excerpts from “Federalist Nos. 41-50 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 43): https://guides.loc.gov/federalist-papers

¹⁷ Excerpts from “Federalist Nos. 41-50 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 41): https://guides.loc.gov/federalist-papers

¹⁸ Excerpts from “Federalist Nos. 41-50 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 42): https://guides.loc.gov/federalist-papers

¹⁹ Excerpts from “Federalist Nos. 61-70 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist Nos. 69 and 70): https://guides.loc.gov/federalist-papers

²⁰ Excerpts from “Federalist Nos. 71-80 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 71): https://guides.loc.gov/federalist-papers

²¹ Excerpts from “Federalist Nos. 61-70 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 70); Excerpts from “Federalist Nos. 71-80 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 71): https://guides.loc.gov/federalist-papers

²² Excerpts from “Federalist Nos. 61-70 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 69); Excerpts from “Federalist Nos. 71-80 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 74): https://guides.loc.gov/federalist-papers

²³ Excerpts from “Federalist Nos. 61-70 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 69); Excerpts from “Federalist Nos. 71-80 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 74): https://guides.loc.gov/federalist-papers

²⁴ Excerpts from “Federalist Nos. 81-85 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 81): https://guides.loc.gov/federalist-papers

²⁵ Excerpts from “Federalist Nos. 31-40 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 39); Excerpts from “Federalist Nos. 71-80 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 78): https://guides.loc.gov/federalist-papers

²⁶ Excerpts from “Federalist Nos. 71-80 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 79): https://guides.loc.gov/federalist-papers

²⁷ Excerpts from “Federalist Nos. 71-80 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist Nos. 78 and 79): https://guides.loc.gov/federalist-papers

²⁸ Excerpts from “Federalist Nos. 71-80 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 80): https://guides.loc.gov/federalist-papers

²⁹ Excerpts from “Federalist Nos. 21-30 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 27); Excerpts from “Federalist Nos. 31-40 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 33); Excerpts from “Federalist Nos. 41-50 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 44): https://guides.loc.gov/federalist-papers

³⁰ Excerpts from “Federalist Nos. 51-60 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 51): https://guides.loc.gov/federalist-papers

³¹ Excerpts from “Federalist Nos. 61-70 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 66): https://guides.loc.gov/federalist-papers

³² Excerpts from “Federalist Nos. 41-50 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 48): https://guides.loc.gov/federalist-papers

³³ Excerpts from “Federalist Nos. 31-40 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 39): https://guides.loc.gov/federalist-papers

³⁴ Excerpts from “Federalist Nos. 41-50 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 45): https://guides.loc.gov/federalist-papers

³⁵ Excerpts from “The Bill of Rights: A Transcription | National Archives”: https://www.archives.gov/founding-docs/bill-of-rights-transcript

³⁶ Excerpts from “The Bill of Rights: A Transcription | National Archives”: https://www.archives.gov/founding-docs/bill-of-rights-transcript

³⁷ Excerpts from “Federalist Nos. 81-85 – Federalist Papers: Primary Documents in American History – Research Guides at Library of Congress” (specifically Federalist No. 84): https://guides.loc.gov/federalist-papers