Constitution:United States/1720

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Treaty Establishing
a Constitution for
the United States
Title page of the Constitution
Title page of the Constitution
Created September 17, 1718
Ratified December 7, 1719
Effective January 1, 1720
Location Federal Archives
Fœderal Capital Territory
Author(s) Prescott Convention
Signatories 39 of the 55 delegates
Purpose To replace the provisional
Constitution of 1718
; to
permanently replace the
Constitution of 1487
Read online Treaty Establishing
a Constitution for
the United States
Download PDF  Treaty Establishing
a Constitution for
the United States
United States
Alternate text
This article is part of a series on the
politics and government
of the United States

The Treaty Establishing a Constitution for the United States (TECUS), commonly referred to as the United States Constitution Treaty, the Constitution Treaty, and also the Federal Constitution Treaty, is the supreme Law of the United States of North Aegea. The Federal Constitution Treaty, originally comprising eight articles, delineates the Fœderal frame of government. Its first article describes the member States of the Union; outlines the intent and purpose of the Union established by the Constitution; and prescribes how laws are to be construed (interpreted). Article II-A formally establishes the separation of powers between the legislative, executive, and judicial departments (branches). Articles II-B through II-D outline the legislative, executive, and judicial branches of the Federal government; while article II-E establishes and outlines the “Council of the States” (the Federal Council of the United States). Article III lists the Powers and legislative Competence of the States, and reserves to the States exclusive Power to exercise those Powers and legislative Competence within their respective borders (as well as any Power not expressly delegated to the Union and not prohibited by the Constitution to the States). Article IV outlines the Manner in which a proposed Federal law may be submitted to the State Legislatures for their approval or rejection in a Federal Referendum. Article V prescribes the Manner in which the Constitution Treaty may be amended; while Article VI establishes the supremacy of the Constitution Treaty and all Laws (including Treaties) of the United States “made in strict pursuance thereof” over conflicting provisions in the Constitution and Laws of the States (however, the Constitution and Laws of each State, insofar as to the reserved Powers of the States, are supreme over conflicting Federal Laws and Treaties). Article VII outlines the Manner in which the Constitution Treaty is to be ratified. Article VIII enumerates the final and transitory provisions, while Article IX contains the amendments to the Constitution Treaty.

TECUS took effect on January 1, 1720, and is the third permanent (fourth overall) federal Constitution in the history of the United States. The previous three were adopted in 1481 (Articles of Confederation and perpetual Union); in 1489 (United States Constitution); and provisionally in 1718 (Provisional United States), respectively.

Most of TECUS’ amendments are due to the document’s highly restrictive nature: the United States Government has only those Powers explicitly delegated to it by the People of the respective States vis-á-vis the Constitution Treaty. However, despite its length, it is not nearly as long as some State Constitutions.

As with many republican Constitutions, the Federal Constitution Treaty explicitly provides for an express, formal separation of powers, and incorporates its bill of rights (called “Declaration of Rights”, located at Article IX, title I) directly into the text of the constitution.

Contents

Historical context[edit]

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First governments[edit]

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Articles of Confederation and perpetual Union[edit]

'’Source text: Constitution:United States/1481

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United States Constitution[edit]

'’Source text: Constitution:United States/1489

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Treaty Re-Establishing the United States[edit]

'’Source text: Constitution:United States/1718

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Drafting[edit]

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Ratification[edit]

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State Order Entered Confederation[✪] Previous entity
 Texas 1 December 29, 1718 State of Texas
 California 2 January 1, 1719 State of California
 Oregon 3 February 14, 1719 State of Oregon
 Kansas 4 April 26, 1719 State of Kansas
 Nevada 5 May 1, 1719 State of Nevada
 Nebraska 6 May 4, 1719 State of Nebraska
 Colorado 7 May 5, 1719 State of Colorado
 North Dakota 8 June 1, 1719 State of North Dakota
 South Dakota 9 June 2, 1719 State of South Dakota
 Montana 10 June 8, 1719 State of Montana
 Washington 11 June 11, 1719 State of Washington
 Idaho 12 July 3, 1719 State of Idaho
 Wyoming 13 July 10, 1719 State of Wyoming
 Utah 14 September 4, 1719 State of Utah
 Oklahoma 15 September 16, 1719 State of Oklahoma
 New Mexico 16 September 17, 1719 State of New Mexico
 Arizona 17 October 17, 1719 State of Arizona
 Hawaiʻi 18 December 7, 1719 State of Hawaiʻi
Note:
 The term, “Entered Confederation”, refers to the date on which a State ratified the Treaty Establishing a Constitution for the United States, the Act of a State formally entering into Confederation with the several United States.

Influences[edit]

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State constitutions[edit]

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Fundamental law[edit]

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First Nations[edit]

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Other bills of rights[edit]

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Original frame[edit]

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Preamble[edit]

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Article I. Members and general[edit]

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Article II-A. Federal power; distribution[edit]

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Article II-B. Federal power; legislative[edit]

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Article II-C. Federal power; executive[edit]

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Article II-D. Federal power; judicial[edit]

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Article II-E. Federal power; intergovernmental[edit]

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Article III. The States[edit]

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Article IV. Federal referendum[edit]

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Article V. Mode of amending[edit]

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Article VI. Validity and supremacy[edit]

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Article VII. Ratification[edit]

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Article VIII. Final provisions[edit]

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Ratified amendments[edit]

Article IX. Amendments[edit]

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Title I. Declaration of Rights[edit]

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Title II. Intergovernmental Affairs[edit]

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Title III. Treaties[edit]

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Title IV. Citizenship; manner of acquiring[edit]

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Title V. Administrative procedure; regulations[edit]

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Unratified amendments[edit]

Pending[edit]

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Expired[edit]

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Effect on treaties[edit]

The entry into force of the Constitution Treaty had the effect of the United States’ abrogating all international human rights treaties, as article IX, title III, section 1, of the Constitution Treaty prescribes that, “[n]o Treaty or other like Agreement shall be made respecting the rights of the People of the States respectively or of the United States protected by this Constitution or the Constitution of the State affected, or infringing thereon, or abridging or prohibiting the free exercise thereof, as guaranteed by this Constitution and the Constitution of the State affected, as the case may be[;]” effectively nullifying all international human/civil rights Treaties to which the United States had been Party prior to the ratification and entry into force of the TECUS. Furthermore, the Constitution Treaty also provides that the Union cannot make any Treaties that embrace Matters not directly coming within the actual enumeration of the Classes of Subjects on which the Congress is expressly competent to legislate.

Judicial review[edit]

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Scope and theory[edit]

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Establishment[edit]

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Self-restraint[edit]

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Separation of powers[edit]

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Division of powers[edit]

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Subsequent courts[edit]

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Civic religion[edit]

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Worldwide influence[edit]

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Criticism[edit]

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See also[edit]

United States Constitutional History


Basic Laws for the United States

United States Federal
United States State

United States Constitutional Law


Notes[edit]