Constitution, U.S.

The U.S. Constitution outlines the structure of the U.S. government and describes its powers and limits. The 55 delegates who framed the document in Philadelphia in the summer of 1787 sought to overcome the failures of the Articles of Confederation. It had not provided for an independent executive, and it vested primary power in the states, which acted in some matters as independent nations. George Washington, the president of the Constitutional Convention and the first president of the United States, had set a great example of civil-military relations by subordinating his command over U.S. forces during the Revolutionary War to Congress and by resigning his command at the end of the conflict. This entry outlines the Constitution, discusses the powers that the Constitution delegates to the three branches of the national government, and examines the U.S. Supreme Court cases that pertain to the U.S. military and to congressional and presidential powers relative to foreign affairs.

The Constitutional Principles and Outline

The Preamble to the Constitution lists providing “for the common defense” as one of its primary goals. The document established a system of checks and balances designed to safeguard liberty by dividing power vertically between national and state authorities (federalism) and horizontally among the legislative, executive, and judicial branches (separation of powers). The people elect the legislative and executive branches, and the president appoints members of the judiciary with Senate consent.

The Constitution vests the national government with exclusive power over foreign affairs. Even the strongest advocates of states’ rights emphasize matters such as property, welfare, education, and policing. After the Constitution lists the powers of Congress in Article I, Section 8, it limits these powers in Article I, Section 9. Article I, Section 10, in turn, lists limits on the states. The first 10 amendments, known as the Bill of Rights, subsequently limited the powers of Congress, and the Fourteenth and other amendments limited the states’ powers.

Many of Article I, Section 10’s limits on the states focus specifically on matters involving foreign affairs. The Constitution prohibits states from signing treaties, entering into foreign alliances, levying imposts or duties, or engaging unilaterally in war unless invaded or facing imminent danger. Crosby, Secretary of Administration and Finance of Massachusetts v. National Foreign Trade Council (2000) confirmed that state laws restricting trade with Burma were subordinate to congressional legislation.

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First page of the U.S. Constitution, 1787.

Source: National Archives and Records Administration.