What is the oldest Constitution in America?
Critical Analysis
Since the years shown above, some states have adopted new constitutions. According to the visual above, what is the oldest constitution of the thirteen original colonies?
A constitution is a set of fundamental rules that determine how a country or state is run. Almost all constitutions are “codified”, which simply means they are written down clearly in a specific document called “the constitution”. Why did these thirteen original colonies make constitutions instead of just following the U.S. Constitution?
So far, the United States of America has had two constitutions. The Articles of Confederation were adopted by the Continental Congress on November 15, 1777. This document served as the United States' first constitution. It was in force from March 1, 1781, until 1789 when the present-day U.S. Constitution went into effect. How many state constitutions are older than the U.S. Constitution?
Explain what the age of these state constitutions says about how the original colonies thought of their own sovereignty - the authority of a state to govern itself.
When America was governed by the Articles of Confederation, states and their constitutions were generally more powerful than the national government. The Supremacy Clause of Article VI of the U.S. Constitution states, “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.” What does the Supremacy Clause mean for the power of states versus the new national government.
The U.S. states had to give up a lot of sovereignty or self-governance when they approved the U.S. Constitution. Why do you think they did it?
Explain how these 13 original state constitutions impact the concept of federalism - the division of power between national and state governments.
Many states complain about the overreach of the federal government. Some of these states might like to revert back to the Articles of Confederation. Other states like a powerful national government. What would happen if states dissolved their own constitutions and simply followed the U.S. Constitution?
The average length of a state constitution is about 39,000 words (compared to 7,591 words for the U.S. Constitution including its amendments). The longest state governing document is that of Alabama, which has approximately 389,000 words. That document is also the most amended state constitution in the Union, with nearly 950 amendments as. Why do you think state constitutions are generally so much longer than the U.S. Constitution?
The average state constitution has been amended about 115 times. The oldest state constitution still in effect is that of Massachusetts, which took effect in 1780. Make a claim about whether you think there will be a third U.S. Constitution within the next fifty years.
Learning Extension
Check out this detailed timeline of the U.S. Constitution.
Action Extension
Use the visuals above and below* to list the year your state ratified its constitution. Contact your state legislators and let them know whether they should write a new constitution.
Visual Extension*
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