At the time of the writing of the Constitution, there was no formal legal power behind it. Representatives from each of the individual states met to discuss improvements to the Articles of Confederation and ultimately produced a new document, which individual states later chose to ratify.
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we the people
congress's power to appoint supreme court justices Powers are not written in the constitution are called "Informal powers" and are used by... for instance the President in making a cabinet. Nothing in the constitution says he can do this yet by using his "informal power" he is allowed to do so.
The US Constitution was written for the people of the US. It is written for the people by the people
Implied Powers
The constitution was written to be vague and act as a guiding principal of government so that the power would stay with the people. This allows for the people to have their say and for things to change from generation to generation.