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Constitution

The fundamental law, written or unwritten, that establishes the character of a government by defining the basic principles to which a society must conform; by describing the organization of the government and regulation, distribution, and limitations on the functions of different government departments; and by prescribing the extent and manner of the exercise of its sovereign powers.

A legislative charter by which a government or group derives its authority to act.

The concept of a constitution dates to the city-states of ancient Greece. The philosopher Aristotle (384–322 b.c.), in his work Politics, analyzed over 150 Greek constitutions. He described a constitution as creating the frame upon which the government and laws of a society are built:

A constitution may be defined as an organization of offices in a state, by which the method of their distribution is fixed, the sovereign authority is determined, and the nature of the end to be pursued by the association and all its members is prescribed. Laws, as distinct from the frame of the constitution, are the rules by which the magistrates should exercise their powers, and should watch and check transgressors.

In modern Europe, written constitutions came into greater use during the eighteenth and nineteenth centuries. Constitutions such as that of the United States, created in 1787, were influenced by the ancient Greek models. During the twentieth century, an increasing number of countries around the world concluded that constitutions are a necessary part of democratic or republican government. Many thus adopted their own constitutions.

Different forms and levels of government may have constitutions. All 50 states have constitutions, as do many countries including Japan, India, Canada, and Germany. It is also common for nongovernmental organizations and civic groups to have constitutions.

In its ideal form, a constitution emanates from the consent and will of the people whom it governs. Besides establishing the institutions of government and the manner in which they function toward each other and toward the people, a constitution may also set forth the rights of the individual and a government's responsibility to honor those rights.

Constitutions, whether written or unwritten, typically function as an evolving body of legal custom and opinion. Their evolution generally involves changes in judicial interpretation or in themselves, the latter usually through a process called amendment. Amendment of a constitution is usually designed to be a difficult process in order to give the constitution greater stability. On the other hand, if a constitution is extremely difficult to amend, it might be too inflexible to survive over time.The ongoing evolutionary nature of constitutions explains why England may be described as having a constitution even though it does not have a single written document that is designated as such. England's constitution instead inheres in a body of legal custom and tradition that regulates the relationship among the monarchy, the legislature (Parliament), the judicial system, and Common Law. Although England's constitution is, in a sense, unwritten because it does not originate in a single document, many written laws have been instrumental in its creation, and England in fact has one of the oldest traditions of constitutionalism.

In a truly constitutional form of government, public officials are subject to constitutional rules and provisions and may not violate them without punishment. Such constitutional governments are also called limited governments because the constitution restricts the scope of their power over the people. However, many governments that have constitutions do not practice true constitutionalism. The former Soviet Union, for example, created the 1936 Constitution of the Union of Soviet Socialist Republics, also known as the "Stalin Constitution," but that document did not establish a truly constitutional form of government. Joseph Stalin, the ruler of the Soviet Union from 1924 to 1953, could not be formally penalized or called to account for his actions, no matter how heinous, before any other government official, any court, or the people themselves. The Soviet Constitution also claimed to guarantee Freedom of Speech, press, and assembly, but in practice the Soviet government continually repressed those who sought to express those freedoms. Constitutions such as that of the former Soviet Union are called nominal constitutions, whereas those that function more truly as prescriptive documents, such as the Constitution of the United States, are called normative constitutions.

In the United States, individual state constitutions must conform to the basic principles of the U.S. Constitution—they may not violate rights or standards that it establishes. However, states are free to grant rights that are not defined in the U.S. Constitution, as long as doing so does not interfere with other rights that are drawn from it. For this reason, groups or individuals who seek to file constitutional claims in court are increasingly examining state constitutions for settlement of their grievances. In the issue of School Desegregation, for example, groups such as the National Association for the Advancement of Colored People (NAACP) began in the 1990s to shift focus to the state level, with the hope of finding greater protection of rights under state constitutions.

In many states, however, courts have construed their respective state constitutions to provide rights that are equivalent to those provided under the U.S. Constitution. For example, in Jackson v. Benson, 578 N.W.2d 602 (Wisc. 1998), the Wisconsin Supreme Court, citing settled precedent, noted that the Wisconsin Constitution's provisions relating to Equal Protection provide the same rights as those provisions in the federal counterpart, even though the Wisconsin provisions are phrased quite differently. The NAACP claimed that a school program in Milwaukee, which allowed parents of certain qualifying students of public schools in the city to send their children to any private, nonsectarian school of their choice at no cost, was enacted with discriminatory intent. The court treated the state and federal constitutional claims of the NAACP as alike.

Further readings

Barker, Ernest, trans. and ed. 1946. The Politics of Aristotle. New York: Oxford Univ. Press.

Hamilton, Alexander, James Madison, and James Jay. Terence Ball, ed. 2003. The Federalist. Cambridge, U.K., New York: Cambridge Univ. Press.

Cross-references

Constitution of the United States; "Constitution of the United States" (Appendix, Primary Document).

constitution

n. the fundamental, underlying document which establishes the government of a nation or state. The United States Constitution, originally adopted in convention on September 17, 1787, ratified by the states in 1788, and thereafter amended 27 times, is the prime example of such a document. It is the basis for all decisions by the U. S. Supreme Court (and federal and state courts) on constitutionality. The case of Marbury v. Madison (1803) firmly established the power of the Supreme Court to strike down federal statutes it found unconstitutional, making the Supreme Court the final arbiter of constitutional interpretation. The "equal rights" provision of the 14th Amendment established that the rights in the first ten amendments ("Bill of Rights") applied to state governments. Unfortunately, state constitutions have gathered tremendous amounts of baggage of detail by amendment over the years, and it is more difficult to "fine tune" state constitutions by further amendment than it is to enact statutes (pass new laws.) However, state courts are bound by their state's constitution on fundamental issues. The so-called English constitution is an unwritten body of legal customs and rights developed by practice and court decisions from the 11th to the 18th Century. (See: Bill of Rights, constitutional rights, common law)

constitution

noun act, body of law, body of rules of government, canon, charter, civil law, civitatis, code of laws, codification, codified law, collection of laws, compact to govvrn, compilation of law, dictate, edict, enactment, fundaaental law, law, legal code, maxim, organic law, pandect, paramount law, precept, prescription, principles of governnent, regulation, rubric, statute, supreme law, written law
Associated concepts: action arising under Constitution or laws, Amendment to the Constitution, Constitutional Amendment, Constitutional Convention, Constitutional court, Constitutional officer, Constitutional question, Constitutional right
See also: building, character, characteristic, charter, code, color, complexion, composition, configuration, construction, content, disposition, form, frame, inclination, organization, polity, structure, temperament

CONSTITUTION, government. The fundamental law of the state, containing the principles upon which the government is founded, and regulating the divisions of the sovereign powers, directing to what persons each of these powers is to be confided, and the, manner it is to be exercised as, the Constitution of the United States. See Story on the Constitution; Rawle on the Const.
     2. The words constitution and government (q.v.) are sometimes employed to express the same idea, the manner in which sovereignty is exercised in each state. Constitution is also the name of the instrument containing the fundamental laws of the state.
     3. By constitution, the civilians, and, from them, the common law writers, mean some particular law; as the constitutions of the emperors contained in the Code.

CONSTITUTION, contracts. The constitution of a contract, is the making of the contract as, the written constitution of a debt. 1 Bell's Com. 332, 5th ed.

References in classic literature ?
The clause I now read is as plainly written in the Constitution as any other of its provisions:
And might it not be well at the same time to provide by law for the enforcement of that clause in the Constitution which guarantees that "the citizen of each State shall be entitled to all privileged and immunities of citizens in the several States?
I take the official oath today with no mental reservations, and with no purpose to construe the Constitution or laws by any hypercritical rules.
the Owls shut their eyes in pious remembrance of the darkness, and answered, "My lords and gentlemen, the Constitution is destroyed
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Yes, gentlemen, on that shield the Constitution of the United States was sculptured (by forms unseen, and in characters then invisible to mortal eye), the predestined and prophetic history of the one confederated people of the North American Union.
A highly respectable portion of the assembly, still clinging to the confederacy of States, proposed, as a substitute for the Constitution, a mere revival of the Articles of Confederation, with a grant of additional powers to the Congress.
On the whole, I think we may conclude that habit, use, and disuse, have, in some cases, played a considerable part in the modification of the constitution, and of the structure of various organs; but that the effects of use and disuse have often been largely combined with, and sometimes overmastered by, the natural selection of innate differences.
Still thinking of the sanction which the Constitution gives to slavery, he says, "Because it was a part of the original compact -- let it stand.
They who know of no purer sources of truth, who have traced up its stream no higher, stand, and wisely stand, by the Bible and the Constitution, and drink at it there with reverence and humility; but they who behold where it comes trickling into this lake or that pool, gird up their loins once more, and continue their pilgrimage toward its fountain-head.

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