Constitution of the United States: Difference between revisions
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The '''Constitution of | The '''Constitution of the United States of America''' is the supreme [[law]] of the [[United States]]. It is the foundation and source of the legal authority underlying the existence of the United States of America; the Federal Government of the United States; and all the State & local governments and Territorial Administrative bodies contained therein. It provides the framework for the organization of the [[Federal government of the United States|United States Government]]. The document defines the three main branches of the government: The legislative branch with a [[Bicameralism|bicameral]] [[Congress of the United States|Congress]], an executive branch led by the [[President of the United States|President]], and a judicial branch headed by the [[Supreme Court of the United States|Supreme Court]]. Besides providing for the organization of these branches, the Constitution carefully outlines which powers each branch may exercise. It also reserves numerous rights for the individual [[U.S. state|states]], thereby establishing the United States' [[Federalism|federal system]] of government. It is the shortest and oldest written [[constitution]] of any major sovereign [[state]].<ref>{{citeweb|url=http://www.ushistory.org/tour/tour_ncc.htm|title=U.S. Constitution Center|accessdate=2008-09-21}}</ref> | ||
The United States Constitution was adopted on September 17, 1787, by | The United States Constitution was adopted on September 17, 1787, by the [[Philadelphia Convention|Constitutional Convention]] in [[Philadelphia]], [[Pennsylvania]], and later [[ratification|ratified]] by conventions in each [[U.S. state]] in the name of "The People"; it has since been [[List of amendments to the United States Constitution|amended]] twenty-seven times, the first ten amendments being known as the [[United States Bill of Rights|Bill of Rights]].<ref name="Constitution of the United States of America">{{cite web|url=http://en.wikisource.org/wiki/Constitution_of_the_United_States_of_America|title=WikiSource: Constitution of the United States of America|accessdate=2007-12-16|author=[[WikiSource]]}}</ref><ref name="Primary Documents in American History">{{cite web|url=http://www.loc.gov/rr/program/bib/ourdocs/Constitution.html|title=Primary Documents in American History: The United States Constitution|accessdate=2007-12-16|author=[[Library of Congress]]}}</ref> The [[Articles of Confederation|Articles of Confederation and Perpetual Union]] was actually the first constitution of the United States of America.<ref>Christian G. Fritz, [http://books.google.com/books?id=ZpKCvUacmSwC&pg=RA1-PA168&lpg=RA1-PA168&dq=christian+g+fritz+%22american+sovereigns%22&source=web&ots=UjY_WKHNjv&sig=Y2_7OZMg6ksk_866oiD44FArH-w&hl=en#PRA1-PA1,M1 ''American Sovereigns: The People and America's Constitutional Tradition Before the Civil War'' (Cambridge University Press, 2008) at p. 131 [ISBN 978-0-521-88188-3] (noting that "Madison, along with other Americans clearly understood" the Articles of Confederation "to be the first federal Constitution.")</ref> The U.S. Constitution replaced the Articles of Confederation as the governing document for the United States after being ratified by nine states. The Constitution has a central place in [[Law of the United States|United States law]] and [[Politics of the United States|political culture]].<ref> Casey (1974)</ref> The handwritten, or "engrossed", original document penned by [[Jacob Shallus]] is on display at the National Archives and Records Administration in [[Washington, D.C.]] | ||
[[File:Amerikanische-Verfassung-mit-Flagge.png|right|400px]] | [[File:Amerikanische-Verfassung-mit-Flagge.png|right|400px]] | ||
==History== | ==History== | ||
===Drafting and ratification requirements=== | ===Drafting and ratification requirements=== | ||
In September 1786, commissioners from five states met in | In September 1786, commissioners from five states met in the [[Annapolis Convention (1786)|Annapolis Convention]] to discuss adjustments to the [[Articles of Confederation]] that would improve commerce. They invited state representatives to convene in [[Philadelphia, Pennsylvania|Philadelphia]] to discuss improvements to the [[History of the United States (1776–1789)#Development of federal institutions|federal government]]. After debate, the [[Congress of the Confederation]] endorsed the plan to revise the Articles of Confederation on February 21, 1787. Twelve states, [[Rhode Island]] being the only exception, accepted this invitation and sent delegates to convene in May 1787. The resolution calling the Convention specified that its purpose was to propose amendments to the Articles, but through discussion and debate it became clear by mid-June that, rather than amend the existing Articles, the Convention decided to propose a rewritten Constitution. The [[Philadelphia Convention]] voted to keep the debates secret, so that the delegates could speak freely. They also decided to draft a new fundamental government design, which eventually stipulated that only nine of the [[Thirteen Colonies|thirteen states]] would have to ratify for the new government to go into effect (for the participating states). Current knowledge of the drafting and construction of the United States Constitution comes primarily from the diaries left by [[James Madison]], who kept a complete record of the proceedings at the Constitutional Convention. | ||
===Work of | ===Work of the Philadelphia Convention=== | ||
The [[Virginia Plan]] was | The [[Virginia Plan]] was the unofficial agenda for the Convention, and was drafted chiefly by [[James Madison]], considered to be "The Father of the Constitution" for his major contributions. It was weighted toward the interests of the larger states, and proposed among other points: | ||
*A powerful [[bicameralism|bicameral]] [[legislature]] with a [[United States House of Representatives|House]] and a [[United States Senate|Senate]] | *A powerful [[bicameralism|bicameral]] [[legislature]] with a [[United States House of Representatives|House]] and a [[United States Senate|Senate]] | ||
*An [[executive (government)|executive]] chosen by | *An [[executive (government)|executive]] chosen by the legislature | ||
*A [[judiciary]], with life-terms of service and vague powers | *A [[judiciary]], with life-terms of service and vague powers | ||
*The national legislature would be able to [[veto]] state laws | *The national legislature would be able to [[veto]] state laws | ||
An alternative proposal, [[William Paterson (jurist)|William Paterson]]'s [[New Jersey Plan]], gave states equal weights and was supported by | An alternative proposal, [[William Paterson (jurist)|William Paterson]]'s [[New Jersey Plan]], gave states equal weights and was supported by the smaller states.<ref name="National Archives Article on William Paterson">{{cite web|url=http://www.archives.gov/exhibits/charters/charters.html|title=National Archives Article on William Paterson|accessdate=2007-12-16|author=[[National Archives and Records Administration|NARA]]}}</ref> [[Roger Sherman]] of [[Connecticut]] brokered [[Connecticut Compromise|The Great Compromise]] whereby the House would represent the people, a Senate would represent the states, and a president would be elected by [[United States Electoral College|electors]].<ref name="National Archives Article on Roger Sherman">{{cite web|url=http://www.archives.gov/exhibits/charters/charters.html|title=National Archives Article on Roger Sherman|accessdate=2007-12-16|author=[[National Archives and Records Administration|NARA]]}}</ref> | ||
The contentious issue of [[Slavery in | The contentious issue of [[Slavery in the United States|slavery]] was too controversial to be resolved during the convention. As a result, the original Constitution contained four provisions tacitly allowing slavery to continue for the next 20 years. Section 9 of Article I allowed the continued "importation" of such persons, Section 2 of Article IV prohibited the provision of assistance to escaping persons and required their return if successful and Section 2 of Article I defined other persons as "three-fifths" of a person for calculations of each state's official population for representation and federal taxation.<ref>Section 2 of Article I provides in part: "Representatives and direct taxes shall be apportioned among the several states . . . by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons."</ref> Article V prohibited any amendments or legislation changing the provision regarding slave importation until 1808, thereby giving the States then existing 20 years to resolve this issue. The failure to do so was a contributing factor to the [[American Civil War|Civil War]].<ref>See ''South Carolina Declaration of Causes in Seccession'' (December 24, 1860), reprinted in Richard Hofstadter, ''Great Issues in American History''. Volume II, Vintage Books (1958), p.76-7; Abraham Lincoln, Message to Congress (July 4, 1861) reprinted in Hofstadter, supra.</ref> | ||
===Ratification=== | ===Ratification=== | ||
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Contrary to | Contrary to the process for "alteration" spelled out in Article 13 of the ''Articles'', Congress submitted the proposal to the states and set the terms for representation. | ||
On September 17, 1787, | On September 17, 1787, the Constitution was completed in Philadelphia at the Federal Convention, followed by a speech given by [[Benjamin Franklin]] who urged unanimity, | ||
although they decided only nine states were needed to ratify | although they decided only nine states were needed to ratify the constitution for it to go into effect. The Convention submitted the Constitution to the [[Congress of the Confederation]], where it received approval according to [[Articles of Confederation|Article 13 of the Articles of Confederation]].<ref name="National Archives Article on the Entire Constitutional Convention">{{cite web|url=http://www.archives.gov/exhibits/charters/charters.html|title=National Archives Article on the Entire Constitutional Convention|accessdate=2007-12-16|author=[[National Archives and Records Administration|NARA]]}}</ref> | ||
Once | Once the Congress of the Confederation received word of New Hampshire's ratification, it set a timetable for the start of operations under the Constitution, and on [[March 4]], [[1789]], the [[Federal government of the United States|government]] under the Constitution began operations. | ||
===Historical influences=== | ===Historical influences=== | ||
Several of | Several of the ideas in the Constitution were new, and a large number of ideas were drawn from the literature of [[Republicanism in the United States]], from the experiences of the 13 states, and from the [[Kingdom of Great Britain|British]] experience with [[mixed government]]. The most important influence from the European continent was from [[Charles de Secondat, Baron de Montesquieu|Montesquieu]], who emphasized the need to have balanced forces pushing against each other to prevent tyranny. (This in itself reflects the influence of [[Polybius]]' 2nd century BC treatise on the [[separation of powers|checks and balances]] of the constitution of the [[Roman Republic]].) [[John Locke]] is known to have been a major influence, and the [[due process]] clause of the United States Constitution was partly based on [[common law]] stretching back to the [[Magna Carta]] of 1215.<ref name="National Archives Article on the Entire Constitutional Convention"/> | ||
===Influences on | ===Influences on the Bill of Rights=== | ||
The [[United States Bill of Rights]] consists of | The [[United States Bill of Rights]] consists of the ten amendments added to the Constitution in 1791, as supporters of the constitution had promised critics during the debates of 1788.<ref name="National Archive Article on the Bill of Rights">{{cite web|url=http://www.archives.gov/exhibits/charters/charters.html|title=National Archives Article on the Bill of Rights|accessdate=2007-12-16|author=[[National Archives and Records Administration|NARA]]}}</ref> The English [[Bill of Rights 1689|Bill of Rights (1689)]] was an inspiration for the American Bill of Rights. For example, both require [[jury trial]]s, contain a [[right to arms|right to keep and bear arms]], and prohibit excessive [[bail]] as well as [[cruel and unusual punishment|"cruel and unusual punishments."]] Many liberties protected by state constitutions and the [[Virginia Declaration of Rights]] were incorporated into the United States Bill of Rights. | ||
==Articles of | ==Articles of the Constitution== | ||
The Constitution consists of a preamble, seven original articles, [[List of amendments to | The Constitution consists of a preamble, seven original articles, [[List of amendments to the United States Constitution|twenty-seven amendments]], and a paragraph certifying its enactment by the constitutional convention. | ||
===Preamble: Statement of purpose=== | ===Preamble: Statement of purpose=== | ||
The Preamble states: | The Preamble states: | ||
: ''"We | : ''"We the People of the United States, in Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence<!--This is the original spelling of ensure and defense as written in the Constitution; DO NOT CHANGE !!!!!! -->, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."'' | ||
The Preamble does not grant any particular authority to | The Preamble does not grant any particular authority to the federal government and it does not prohibit any particular authority. It establishes the fact that the federal government has no authority outside of what follows the preamble, as amended. "We the people", is one of the most-quoted sections of the Constitution. It was thought by the [[Federalist]]s during this time that there was no need for a bill of rights as they thought that the preamble spelled out the people's rights.{{Fact|date=June 2008}} | ||
===Article One: Legislative power=== | ===Article One: Legislative power=== | ||
Article One describes | Article One describes the [[congress]], the [[legislature|legislative branch]] of the federal government. The [[United States Congress]] is a [[bicameral]] body consisting of the [[lower house]] of the [[United States House of Representatives|House of Representatives]] and the [[United States Senate|Senate]] as the [[upper house]]. | ||
The article establishes | The article establishes the manner of [[Elections in the United States|election]] and the qualifications of members of each body. Representatives must be at least 25 years old, have been a citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, have been a citizen for nine years, and live in the state they represent. | ||
In Article I Section I, | In Article I Section I, the Constitution reads "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." This gives Congress more than simply the responsibility to establish the rules governing its proceedings and for the punishment of its members; it places the power of the government primarily in Congress. | ||
[[Article One of | [[Article One of the United States Constitution#Enumerated powers|Article I Section 8]] enumerates the legislative powers. The powers listed and all other powers are made the exclusive responsibility of the legislative branch: | ||
<blockquote>The Congress shall have power... To make all laws which shall be necessary and proper for carrying into execution | <blockquote>The Congress shall have power... To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.</blockquote> | ||
[[Article_One_of_the_United_States_Constitution#Section_9:_Limits_on_Congress|Article I Section IX]] provides a list of eight specific limits on Congressional power and [[Article_One_of_the_United_States_Constitution#Section_10:_Limits_on_the_States|Article I Section X]] limits | [[Article_One_of_the_United_States_Constitution#Section_9:_Limits_on_Congress|Article I Section IX]] provides a list of eight specific limits on Congressional power and [[Article_One_of_the_United_States_Constitution#Section_10:_Limits_on_the_States|Article I Section X]] limits the rights of the states. | ||
The [[Supreme Court of | The [[Supreme Court of the United States|United States Supreme Court]] has interpreted the [[Commerce Clause]] and the [[Necessary and Proper Clause]] in Article One to allow Congress to enact legislation that is neither expressly listed in the enumerated power nor expressly denied in the limitations on Congress. In the 1819 ''[[McCulloch v. Maryland]]'' ruling, the Supreme Court fell back on the strict construction of the necessary and proper clause to read that Congress had "[t]he foregoing powers and all other powers..." | ||
===Article Two: Executive power=== | ===Article Two: Executive power=== | ||
Article Two describes | Article Two describes the [[President of the United States|presidency]] (the [[executive (government)|executive branch]]). The article establishes the manner of election and qualifications of the [[President]], the [[oath of office|oath]] to be affirmed and the powers and duties of the office. The President must be a [[natural born citizen]] of the United States, be at least 35 years old, and a resident of the United States for at least 14 years. It also provides for the office of [[Vice President of the United States|Vice President]], and specifies that the Vice President [[United States presidential line of succession|succeeds to the presidency]] if the President is removed, unable to discharge the powers and duties of office, dies while in office, or resigns. The original text ("the same shall devolve") leaves it unclear whether this succession was intended to be on an [[Acting president|acting basis]] (merely taking on the powers of the office) or permanent (assuming the Presidency itself). After the death of [[William Henry Harrison]], [[John Tyler]] set the precedent that the succession was permanent, and this was followed in practice; the [[Twenty-fifth Amendment to the United States Constitution|25th Amendment]] explicitly states that the Vice President becomes President in those cases. Article Two also provides for the [[impeachment]] and removal from office of all officers of the government. | ||
===Article Three: Judicial power=== | ===Article Three: Judicial power=== | ||
Article Three describes | Article Three describes the [[United States Federal judiciary|court system]] (the [[judiciary|judicial branch]]), including the [[Supreme Court of the United States|Supreme Court]]. The article requires that there be one court called the Supreme Court; Congress, at its discretion, can create lower courts, whose judgments and orders are reviewable by the Supreme Court. Article Three also creates the right to [[jury trial|trial by jury]] in all [[criminal law|criminal cases]], defines the crime of [[treason]], and charges Congress with providing for a punishment for it. This Article also sets the kinds of cases that may be heard by the federal judiciary, which cases the Supreme Court may hear first (called [[original jurisdiction]]), and that all other cases heard by the Supreme Court are by appeal under such regulations as the Congress shall make. | ||
===Article Four: States' powers and limits=== | ===Article Four: States' powers and limits=== | ||
Article Four describes | Article Four describes the relationship between the states and the Federal government and amongst the states. For instance, it requires states to give "[[Full Faith and Credit Clause|full faith and credit]]" to the public acts, records, and court proceedings of the other states. Congress is permitted to [[regulation|regulate]] the manner in which proof of such acts, records, or proceedings may be admitted. The [[Privileges and Immunities Clause|"privileges and immunities" clause]] prohibits state governments from discriminating against [[United States nationality law|citizens]] of other states in favor of resident citizens (e.g., having tougher penalties for residents of [[Ohio]] convicted of crimes within [[Michigan]].) It also establishes [[extradition]] between the states, as well as laying down a legal basis for [[freedom of movement]] and travel amongst the states. Today, this provision is sometimes taken for granted, especially by citizens who live near state borders; but in the days of the [[Articles of Confederation]], crossing state lines was often a much more arduous and costly process. Article Four also provides for the creation and admission of new states. The [[Territorial Clause]] gives Congress the power to make rules for disposing of Federal property and governing non-state territories of the United States. Finally, the fourth section of Article Four requires the United States to guarantee to each state a [[republican form of government]], and to protect the states from invasion and violence. | ||
===Article Five: Amendments=== | ===Article Five: Amendments=== | ||
Once proposed — whether submitted by Congress or by a national convention — amendments must then be ratified by three-fourths of | Once proposed — whether submitted by Congress or by a national convention — amendments must then be ratified by three-fourths of the states to take effect. Article Five gives Congress the option of requiring ratification by state legislatures or by special [[Conventions within the states to ratify an amendment to the United States Constitution|convention]]. The convention method of ratification has only been used to approve the [[Twenty-first Amendment to the United States Constitution|21st Amendment]]. Article Five currently places only one limitation on the amending power — that no amendment can deprive a state of its equal representation in the Senate without that state's consent (limitations regarding slavery and taxation having expired in 1808.) | ||
===Article Six: Federal power=== | ===Article Six: Federal power=== | ||
Article Six establishes | Article Six establishes the Constitution, and the laws and treaties of the United States made in accordance with it, to be the [[supremacy clause|supreme law]] of the land, and that "the judges in every state shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding." It also validates [[government debt|national debt]] created under the Articles of Confederation and requires that all federal and state legislators, officers, and judges take oaths or affirmations to support the Constitution. This means that the states' constitutions and laws should not conflict with the laws of the federal constitution and that in case of a conflict, state judges are legally bound to honor the federal laws and constitution over those of any state. | ||
Article Six also states "no [[religious test|religious Test]] shall ever be required as a Qualification to any Office or public Trust under | Article Six also states "no [[religious test|religious Test]] shall ever be required as a Qualification to any Office or public Trust under the United States." | ||
===Article Seven: Ratification=== | ===Article Seven: Ratification=== | ||
Article Seven sets forth | Article Seven sets forth the requirements for [[ratification]] of the Constitution. The Constitution would not take effect until at least nine states had ratified the Constitution in state conventions specially convened for that purpose, and it would only apply to those states which ratified it.<ref name="National Archives Constitution of the United States">{{cite web|url=http://www.archives.gov/exhibits/charters/constitution_transcript.html|title=National Archives Article on the Constitution|accessdate=2008-09-01|author=[[National Archives and Records Administration]]}}</ref> (''See above [[#History|Drafting and ratification requirements]].'') | ||
==Amendment process== | ==Amendment process== | ||
The authors of | The authors of the Constitution were clearly aware that changes would be necessary from time to time if the Constitution was to endure and cope with the effects of the anticipated growth of the nation. However, they were also conscious that such change should not be easy, lest it permit ill-conceived and hastily passed [[Constitutional amendment|amendments]]. Balancing this, they also wanted to ensure that an over-rigid requirement of unanimity would not block action desired by the vast majority of the population. Their solution was to devise a dual process by which the Constitution could be altered.<ref>{{cite book|title=Toward a theory of constitutional amendment |journal=The American Political Science Review |last=Lutz |first=Donald |year=1994}}</ref> | ||
Amending | Amending the Constitution is a two-part process: amendments must be proposed and then they must be ratified. Amendments can be proposed one of two ways. The only way that has been used to date is through a two-thirds majority vote in both houses of Congress. Alternatively, two–thirds of the legislatures of the States can call a Constitutional Convention to consider one or more amendments. This second method has never been used, and it is unclear exactly how, in practice, such a Constitutional Convention would work. | ||
Regardless of how | Regardless of how the amendment is proposed, the amendment must be approved by three-fourths of states, a process called ratification. Depending on the amendment, this requires either the state legislatures or [[Conventions within the states to ratify an amendment to the United States Constitution|special state conventions]] to approve the amendment by simple majority vote. Amendments generally go to state legislatures to be ratified, only the [[Twenty-first Amendment to the United States Constitution|Twenty-first Amendment]] called for special state conventions. | ||
[[Constitutional amendment#Form of changes to | [[Constitutional amendment#Form of changes to the text|Unlike many other constitutions]], amendments to the U.S. constitution are appended to the existing body of the text without altering or removing what already exists. There is no provision for deleting either obsolete text or rescinded provisions, including passages that are directly contradicted by subsequent amendments (for example, the [[18th Amendment to the United States Constitution|18th]] and [[21st Amendment to the United States Constitution|21st]]). | ||
==Judicial review== | ==Judicial review== | ||
The way | The way the Constitution is understood is also influenced by the decisions of the court system, and especially the [[Supreme Court of the United States|Supreme Court]]. These decisions are referred to, collectively, as [[precedent]]s. The ability of the courts to interpret the Constitution was decided early in the history of the United States, in the 1803 case of ''[[Marbury v. Madison]]''. In that case, the Supreme Court established the doctrine of [[judicial review]], which is the power of the Court to examine legislation and other acts of Congress and to decide their [[constitutionality]]. The doctrine also embraces the power of the Court to explain the meaning of various sections of the Constitution as they apply to particular cases brought before the Court. Over the years, a series of Court decisions, on issues ranging from governmental regulation of [[radio]] and [[television]] to the rights of the accused in criminal cases, has affected a change in the way many Constitutional clauses are interpreted, without amendment to the actual text of the Constitution. | ||
Legislation, passed to implement provisions of | Legislation, passed to implement provisions of the Constitution or to adapt those implementations to changing conditions, also broadens and, in subtle ways, changes the meanings given to the words of the Constitution. Up to a point, the rules and regulations of the many agencies of the federal government have a similar effect. If the actions of Congress or federal agencies are challenged as to their constitutionality, however, it is the court system that ultimately decides whether or not they are allowable under the Constitution. | ||
==Subsequent amendments== | ==Subsequent amendments== | ||
The Constitution has a total of twenty-seven amendments. The first ten, collectively known as | The Constitution has a total of twenty-seven amendments. The first ten, collectively known as the [[United States Bill of Rights|Bill of Rights]], were ratified simultaneously. The following seventeen were ratified separately. | ||
===The Bill of Rights (1–10)=== | ===The Bill of Rights (1–10)=== | ||
{{Main|United States Bill of Rights}} | {{Main|United States Bill of Rights}} | ||
It is commonly understood that | It is commonly understood that the Bill of Rights was not originally intended to apply to the states, though except where amendments refer specifically to the Federal Government or a branch thereof (as in the [[First Amendment to the United States Constitution|First Amendment]], under which some states in the early years of the nation officially [[state religion|established a religion]]), there is no such delineation in the text itself. Nevertheless, a general interpretation of inapplicability to the states remained until 1868, when the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]] was passed, which stated, in part, that: | ||
: ''"No State shall make or enforce any law which shall abridge | : ''"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."'' | ||
The Supreme Court has interpreted this clause to extend most, but not all, parts of | The Supreme Court has interpreted this clause to extend most, but not all, parts of the Bill of Rights to the states. Nevertheless, the balance of state and federal power has remained a battle in the Supreme Court. | ||
The amendments that became | The amendments that became the Bill of Rights were actually the last ten of the twelve amendments proposed in 1789. The second of the twelve proposed amendments, regarding the compensation of members of Congress, remained unratified until 1992, when the legislatures of enough states finally approved it and, as a result, it became the [[Twenty-seventh Amendment to the United States Constitution|Twenty-seventh Amendment]] despite more than two centuries of pendency. The [[Congressional Apportionment Amendment|first of the twelve]]—still technically pending before the state legislatures for ratification—pertains to the apportionment of the [[United States House of Representatives]] after each decennial [[United States Census|census]]. The most recent state whose lawmakers are known to have ratified this proposal is [[Kentucky]] in 1792, during that commonwealth's first month of statehood. | ||
*[[First Amendment to | *[[First Amendment to the United States Constitution|First Amendment]]: addresses the rights of [[Freedom of religion in the United States|freedom of religion]] (prohibiting Congressional [[Establishment Clause of the First Amendment|establishment of a religion]] over another religion through Law and protecting the right to [[Free Exercise Clause of the First Amendment|free exercise of religion]]), [[freedom of speech]], [[freedom of the press]], [[freedom of assembly]], and [[freedom of petition]]. | ||
*[[Second Amendment to | *[[Second Amendment to the United States Constitution|Second Amendment]]: guarantees the right of individuals to possess firearms. See [[District of Columbia v. Heller]]. | ||
*[[Third Amendment to | *[[Third Amendment to the United States Constitution|Third Amendment]]: prohibits the government from using private homes as quarters for soldiers during peacetime without the consent of the owners. The only existing case law regarding this amendment is a lower court decision in the case of ''[[Engblom v. Carey]]''.<ref>[http://caselaw.lp.findlaw.com/data/constitution/amendment03/ Findlaw.com]</ref> | ||
*[[Fourth Amendment to | *[[Fourth Amendment to the United States Constitution|Fourth Amendment]]: guards against [[search and seizure|searches, arrests, and seizures]] of [[property]] without a specific warrant or a "[[probable cause]]" to believe a crime has been committed. Some rights to privacy have been inferred from this amendment and others by the Supreme Court. | ||
*[[Fifth Amendment to | *[[Fifth Amendment to the United States Constitution|Fifth Amendment]]: forbids [[trial (law)|trial]] for a major [[crime]] except after [[indictment]] by a [[grand jury]]; prohibits [[double jeopardy]] (repeated trials), except in certain very limited circumstances; forbids punishment without [[due process]] of law; and provides that an accused person may not be compelled to [[self-incrimination|testify against himself]] (this is also known as "[[Taking the Fifth]]" or "Pleading the Fifth"). This is regarded as the "rights of the accused" amendment, otherwise known as the [[Miranda rights]] after the Supreme Court case. It also prohibits government from taking private property for public use without "[[just compensation]]," the basis of [[eminent domain]] in the United States. | ||
*[[Sixth Amendment to | *[[Sixth Amendment to the United States Constitution|Sixth Amendment]]: guarantees a speedy public trial for criminal offenses. It requires trial by a [[jury]], guarantees the right to [[legal counsel]] for the accused, and guarantees that the accused may require [[witness]]es to attend the trial and testify in the presence of the accused. It also guarantees the accused a right to know the charges against him. The Sixth Amendment has several court cases associated with it, including ''[[Powell v. Alabama]]'', ''[[United States v. Wong Kim Ark]]'', ''[[Gideon v. Wainwright]]'', and ''[[Crawford v. Washington]]''. In 1966, the Supreme Court ruled that the fifth amendment prohibition on forced self-incrimination and the sixth amendment clause on right to counsel were to be made known to all persons placed under arrest, and these clauses have become known as the [[Miranda warning|Miranda rights]]. | ||
*[[Seventh Amendment to | *[[Seventh Amendment to the United States Constitution|Seventh Amendment]]: assures trial by jury in [[civil law (common law)|civil cases]]. | ||
*[[Eighth Amendment to | *[[Eighth Amendment to the United States Constitution|Eighth Amendment]]: forbids excessive [[bail]] or [[fine (penalty)|fine]]s, and [[cruel and unusual punishment]]. | ||
*[[Ninth Amendment to | *[[Ninth Amendment to the United States Constitution|Ninth Amendment]]: declares that the listing of individual rights in the Constitution and Bill of Rights is not meant to be comprehensive; and that the other rights not specifically mentioned are retained by the people. | ||
*[[Tenth Amendment to | *[[Tenth Amendment to the United States Constitution|Tenth Amendment]]: provides that powers that the Constitution does not delegate to the United States and does not prohibit the States from exercising, are "reserved to the States respectively, or to the people." | ||
===Subsequent amendments (11–27)=== | ===Subsequent amendments (11–27)=== | ||
Amendments to | Amendments to the Constitution subsequent to the Bill of Rights cover many subjects. The majority of the seventeen later amendments stem from continued efforts to expand individual civil or political liberties, while a few are concerned with modifying the basic governmental structure drafted in Philadelphia in 1787. Although the United States Constitution has been amended a total of 27 times, only 26 of the amendments are currently in effect because the twenty-first amendment supersedes the eighteenth. | ||
* [[Eleventh Amendment to | * [[Eleventh Amendment to the United States Constitution|Eleventh Amendment]] (1795): Clarifies judicial power over foreign nationals, and limits ability of citizens to [[lawsuit|sue]] states in federal courts and under federal law. ([[wikisource:Additional amendments to the United States Constitution#Amendment XI|Full text]]) | ||
* [[Twelfth Amendment to | * [[Twelfth Amendment to the United States Constitution|Twelfth Amendment]] (1804): Changes the method of [[United States presidential election|presidential elections]] so that members of the [[Electoral College (United States)|Electoral College]] cast separate ballots for president and vice president. ([[wikisource:Additional amendments to the United States Constitution#Amendment XII|Full text]]) | ||
* [[Thirteenth Amendment to | * [[Thirteenth Amendment to the United States Constitution|Thirteenth Amendment]] (1865): Abolishes slavery and grants Congress power to enforce [[abolitionism|abolition]]. ([[wikisource:Additional amendments to the United States Constitution#Amendment XIII|Full text]]) | ||
* [[Fourteenth Amendment to | * [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]] (1868): Defines a set of guarantees for [[United States nationality law|United States citizenship]]; prohibits ''states'' from abridging citizens' [[Privileges or Immunities Clause|privileges or immunities]] and rights to [[due process]] and the [[Equal Protection Clause|equal protection of the law]]; repeals the [[Three-fifths compromise]]; prohibits repudiation of the federal debt caused by the Civil War. ([[wikisource:Additional amendments to the United States Constitution#Amendment XIV|Full text]]) | ||
* [[Fifteenth Amendment to | * [[Fifteenth Amendment to the United States Constitution|Fifteenth Amendment]] (1870): Forbids the federal government and the states from using a citizen's race, color, or previous status as a slave as a qualification for voting. ([[wikisource:Additional amendments to the United States Constitution#Amendment XV|Full text]]) | ||
* [[Sixteenth Amendment to | * [[Sixteenth Amendment to the United States Constitution|Sixteenth Amendment]] (1913): Authorizes unapportioned federal [[income tax|taxes on income]]. ([[wikisource:Additional amendments to the United States Constitution#Amendment XVI|Full text]]) | ||
* [[Seventeenth Amendment to | * [[Seventeenth Amendment to the United States Constitution|Seventeenth Amendment]] (1913): Establishes direct election of senators. ([[wikisource:Additional amendments to the United States Constitution#Amendment XVII|Full text]]) | ||
* [[Eighteenth Amendment to | * [[Eighteenth Amendment to the United States Constitution|Eighteenth Amendment]] (1919): Prohibited the manufacturing, importing, and exporting of alcoholic beverages (see [[Prohibition in the United States]]). ''Repealed by the Twenty-First Amendment''. ([[wikisource:Additional amendments to the United States Constitution#Amendment XVIII|Full text]]) | ||
* [[Nineteenth Amendment to | * [[Nineteenth Amendment to the United States Constitution|Nineteenth Amendment]] (1920): Prohibits the federal government and the states from forbidding any citizen to vote [[women's suffrage|due to their sex]]. ([[wikisource:Additional amendments to the United States Constitution#Amendment XIX|Full text]]) | ||
* [[Twentieth Amendment to | * [[Twentieth Amendment to the United States Constitution|Twentieth Amendment]] (1933): Changes details of Congressional and presidential terms and of [[United States presidential line of succession|presidential succession]]. ([[wikisource:Additional amendments to the United States Constitution#Amendment XX|Full text]]) | ||
* [[Twenty-first Amendment to | * [[Twenty-first Amendment to the United States Constitution|Twenty-first Amendment]] (1933): Repeals Eighteenth Amendment. Permits states to prohibit the importation of alcoholic beverages. ([[wikisource:Additional amendments to the United States Constitution#Amendment XXI|Full text]]) | ||
* [[Twenty-second Amendment to | * [[Twenty-second Amendment to the United States Constitution|Twenty-second Amendment]] (1951): [[Term limit|Limits]] president to two terms. ([[wikisource:Additional amendments to the United States Constitution#Amendment XXII|Full text]]) | ||
* [[Twenty-third Amendment to | * [[Twenty-third Amendment to the United States Constitution|Twenty-third Amendment]] (1961): Grants presidential electors to the [[Washington, D.C.|District of Columbia]]. ([[wikisource:Additional amendments to the United States Constitution#Amendment XXIII|Full text]]) | ||
* [[Twenty-fourth Amendment to | * [[Twenty-fourth Amendment to the United States Constitution|Twenty-fourth Amendment]] (1964): Prohibits the federal government and the states from requiring the [[poll tax|payment of a tax]] as a qualification for voting for federal officials. ([[wikisource:Additional amendments to the United States Constitution#Amendment XXIV|Full text]]) | ||
* [[Twenty-fifth Amendment to | * [[Twenty-fifth Amendment to the United States Constitution|Twenty-fifth Amendment]] (1967): Changes details of presidential succession, provides for temporary removal of president, and provides for replacement of the vice president. ([[wikisource:Additional amendments to the United States Constitution#Amendment XXV|Full text]]) | ||
*[[Twenty-sixth Amendment to | *[[Twenty-sixth Amendment to the United States Constitution|Twenty-sixth Amendment]] (1971): Prohibits the federal government and the states from forbidding any citizen of age [[voting age|18 or greater]] to vote on account of their age. ([[wikisource:Additional amendments to the United States Constitution#Amendment XXVI|Full text]]) | ||
* [[Twenty-seventh Amendment to | * [[Twenty-seventh Amendment to the United States Constitution|Twenty-seventh Amendment]] (1992): Limits congressional pay raises. ([[wikisource:Additional amendments to the United States Constitution#Amendment XXVII|Full text]]) | ||
===Unratified amendments=== | ===Unratified amendments=== | ||
Over 10,000 Constitutional amendments have been introduced in Congress since 1789; in a typical Congressional year in | Over 10,000 Constitutional amendments have been introduced in Congress since 1789; in a typical Congressional year in the last several decades, between 100 and 200 are offered. Most of these concepts never get out of Congressional committee, and far fewer get proposed by the Congress for ratification. Backers of some amendments<!-- (how many?) --> have attempted the alternative, and thus-far never-utilized, method mentioned in Article Five. In two instances—reapportionment in the 1960s and a balanced federal budget during the 1970s and 1980s—these attempts have come within just two state legislative "applications" of triggering that alternative method. | ||
Of | Of the thirty-three amendments that have been proposed by Congress, six have failed ratification by the required three-quarters of the state legislatures—and four of those six are still technically pending before state lawmakers (see ''[[Coleman v. Miller]]''). Starting with the 18th Amendment, each proposed amendment (except the 19th Amendment and the still-pending [[Child Labor Amendment of 1924]]) has specified a deadline for passage. The following are the unratified amendments: | ||
* The [[Congressional Apportionment Amendment]], proposed by | * The [[Congressional Apportionment Amendment]], proposed by the [[1st United States Congress|1st Congress]] on September 25, 1789, defined a formula for how many members there would be in the [[United States House of Representatives]] after each decennial census. Ratified by eleven states, the last being [[Kentucky]] in June 1792 (Kentucky's initial month of statehood), this amendment contains no expiration date for ratification. In principle it may yet be ratified, though as written it became moot when the population of the United States reached ten million. | ||
* The so-called missing thirteenth amendment, or "[[Titles of Nobility Amendment]]" (TONA), proposed by | * The so-called missing thirteenth amendment, or "[[Titles of Nobility Amendment]]" (TONA), proposed by the [[11th United States Congress|11th Congress]] on May 1, 1810, would have ended the citizenship of any American accepting "any Title of [[Nobility]] or Honour" from any foreign power. Some maintain that the amendment ''was'' actually ratified by the legislatures of enough states, and that a conspiracy has suppressed it, but this has been thoroughly debunked.<ref>[http://www.thirdamendment.com/missing.html The Missing Thirteenth Amendment]</ref> Known to have been ratified by lawmakers in twelve states, the last in 1812, this amendment contains no expiration date for ratification. It may yet be ratified. | ||
* The [[Corwin amendment]], proposed by | * The [[Corwin amendment]], proposed by the [[36th United States Congress|36th Congress]] on March 2, 1861, would have forbidden any attempt to subsequently amend the Constitution to empower the Federal government to "abolish or interfere" with the "domestic institutions" of the states (a delicate way of referring to [[Slavery in the United States|slavery]]). It was ratified by only [[Ohio]] and [[Maryland]] lawmakers before the outbreak of the [[American Civil War|Civil War]]. [[Illinois]] lawmakers—sitting as a state constitutional convention at the time—likewise approved it, but that action is of questionable validity. The proposed amendment contains no expiration date for ratification and may yet be ratified. However, adoption of the 13th, 14th, and 15th Amendments after the Civil War likely means that the amendment would be ineffective if adopted. | ||
* A [[child labor amendment]] proposed by | * A [[child labor amendment]] proposed by the [[68th United States Congress|68th Congress]] on June 2, 1924, which stipulates: "The Congress shall have power to limit, regulate, and prohibit the labor of persons under eighteen years of age." This amendment is highly unlikely to be ratified, since subsequent federal [[Child labor laws in the United States|child labor laws]] have uniformly been upheld as a valid exercise of Congress' powers under the commerce clause. | ||
Properly placed in a separate category from | Properly placed in a separate category from the other four constitutional amendments that Congress proposed to the states, but which not enough states have approved, are the following two offerings which—because of deadlines—are no longer subject to ratification. | ||
* The [[Equal Rights Amendment]], or ERA, which reads in pertinent part "Equality of rights under | * The [[Equal Rights Amendment]], or ERA, which reads in pertinent part "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." Proposed by the [[92nd United States Congress|92nd Congress]] on March 22, 1972, it was ratified by the legislatures of 35 states, and expired on either March 22, 1979 or on June 30, 1982, depending upon one's point of view of a controversial three-year extension of the ratification deadline, which was passed by the [[95th United States Congress|95th Congress]] in 1978. Of the 35 states ratifying it, four later rescinded their ratifications prior to the extended ratification period which commenced March 23, 1979 and a fifth—while not going so far as to actually rescind its earlier ratification—adopted a resolution stipulating that its approval would not extend beyond March 22, 1979. There continues to be diversity of opinion as to whether such reversals are valid; no court has ruled on the question, including the Supreme Court. But a precedent against the validity of rescission was first established during the ratification process of the 14th Amendment when Ohio and [[New Jersey]] rescinded their earlier approvals, but yet were counted as ratifying states when the 14th Amendment was ultimately proclaimed part of the Constitution in 1868. | ||
*The [[District of Columbia Voting Rights Amendment]] was proposed by | *The [[District of Columbia Voting Rights Amendment]] was proposed by the 95th Congress on August 22, 1978. Had it been ratified, it would have granted to [[Washington, D.C.]] two Senators and at least one member of the House of Representatives as though the District of Columbia were a state. Ratified by the legislatures of only 16 states—less than half of the required 38—the proposed amendment expired on August 22, 1985. | ||
There are currently only a few proposals for amendments which have entered mainstream political debate. These include | There are currently only a few proposals for amendments which have entered mainstream political debate. These include the proposed [[Federal Marriage Amendment]], the [[Balanced Budget Amendment]], and the [[Flag Desecration Amendment]]. All three of these proposed amendments are primarily supported by conservative members of the [[Republican Party (United States)|Republican Party]].{{Fact|date=November 2008}} Since the opposing [[Democratic Party (United States)|Democratic Party]] obtained the Presidency and solid majorities in the U.S. House and Senate during the [[United States general elections, 2008|2008 election]], it is therefore not expected that these will be submitted through the legislative process anytime in the near future.{{Fact|date=November 2008}} | ||
==External links== | ==External links== | ||
=== Encyclopedias === | === Encyclopedias === | ||
*[https://www.britannica.com/topic/Constitution-of-the-United-States-of-America Encyclopedia Britannica: Constitution of | *[https://www.britannica.com/topic/Constitution-of-the-United-States-of-America Encyclopedia Britannica: Constitution of the United States of America] | ||
*[https://www.encyclopedia.com/social-sciences-and-law/political-science-and-government/us-government/constitution-united-states Encyclopedia.com: Constitution Of The United States] | *[https://www.encyclopedia.com/social-sciences-and-law/political-science-and-government/us-government/constitution-united-states Encyclopedia.com: Constitution Of The United States] | ||
==References== | ==References== | ||
Latest revision as of 14:56, 28 April 2024
The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America; the Federal Government of the United States; and all the State & local governments and Territorial Administrative bodies contained therein. It provides the framework for the organization of the United States Government. The document defines the three main branches of the government: The legislative branch with a bicameral Congress, an executive branch led by the President, and a judicial branch headed by the Supreme Court. Besides providing for the organization of these branches, the Constitution carefully outlines which powers each branch may exercise. It also reserves numerous rights for the individual states, thereby establishing the United States' federal system of government. It is the shortest and oldest written constitution of any major sovereign state.[1]
The United States Constitution was adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and later ratified by conventions in each U.S. state in the name of "The People"; it has since been amended twenty-seven times, the first ten amendments being known as the Bill of Rights.[2][3] The Articles of Confederation and Perpetual Union was actually the first constitution of the United States of America.[4] The U.S. Constitution replaced the Articles of Confederation as the governing document for the United States after being ratified by nine states. The Constitution has a central place in United States law and political culture.[5] The handwritten, or "engrossed", original document penned by Jacob Shallus is on display at the National Archives and Records Administration in Washington, D.C.
History
Drafting and ratification requirements
In September 1786, commissioners from five states met in the Annapolis Convention to discuss adjustments to the Articles of Confederation that would improve commerce. They invited state representatives to convene in Philadelphia to discuss improvements to the federal government. After debate, the Congress of the Confederation endorsed the plan to revise the Articles of Confederation on February 21, 1787. Twelve states, Rhode Island being the only exception, accepted this invitation and sent delegates to convene in May 1787. The resolution calling the Convention specified that its purpose was to propose amendments to the Articles, but through discussion and debate it became clear by mid-June that, rather than amend the existing Articles, the Convention decided to propose a rewritten Constitution. The Philadelphia Convention voted to keep the debates secret, so that the delegates could speak freely. They also decided to draft a new fundamental government design, which eventually stipulated that only nine of the thirteen states would have to ratify for the new government to go into effect (for the participating states). Current knowledge of the drafting and construction of the United States Constitution comes primarily from the diaries left by James Madison, who kept a complete record of the proceedings at the Constitutional Convention.
Work of the Philadelphia Convention
The Virginia Plan was the unofficial agenda for the Convention, and was drafted chiefly by James Madison, considered to be "The Father of the Constitution" for his major contributions. It was weighted toward the interests of the larger states, and proposed among other points:
- A powerful bicameral legislature with a House and a Senate
- An executive chosen by the legislature
- A judiciary, with life-terms of service and vague powers
- The national legislature would be able to veto state laws
An alternative proposal, William Paterson's New Jersey Plan, gave states equal weights and was supported by the smaller states.[6] Roger Sherman of Connecticut brokered The Great Compromise whereby the House would represent the people, a Senate would represent the states, and a president would be elected by electors.[7]
The contentious issue of slavery was too controversial to be resolved during the convention. As a result, the original Constitution contained four provisions tacitly allowing slavery to continue for the next 20 years. Section 9 of Article I allowed the continued "importation" of such persons, Section 2 of Article IV prohibited the provision of assistance to escaping persons and required their return if successful and Section 2 of Article I defined other persons as "three-fifths" of a person for calculations of each state's official population for representation and federal taxation.[8] Article V prohibited any amendments or legislation changing the provision regarding slave importation until 1808, thereby giving the States then existing 20 years to resolve this issue. The failure to do so was a contributing factor to the Civil War.[9]
Ratification
| Ratification of the Constitution | ||||
|---|---|---|---|---|
| Date | State | Votes | ||
| Yes | No | |||
| 1 | December 7, 1787 | Delaware | 30 | 0 |
| 2 | December 11, 1787 | Pennsylvania | 46 | 23 |
| 3 | December 18, 1787 | New Jersey | 38 | 0 |
| 4 | January 2, 1788 | Georgia | 26 | 0 |
| 5 | January 9, 1788 | Connecticut | 128 | 40 |
| 6 | February 6, 1788 | Massachusetts | 187 | 168 |
| 7 | April 26, 1788 | Maryland | 63 | 11 |
| 8 | May 23, 1788 | South Carolina | 149 | 73 |
| 9 | June 21, 1788 | New Hampshire | 57 | 47 |
| 10 | June 25, 1788 | Virginia | 89 | 79 |
| 11 | July 26, 1788 | New York | 30 | 27 |
| 12 | November 21, 1789 | North Carolina | 194 | 77 |
| 13 | May 29, 1790 | Rhode Island | 34 | 32 |
Contrary to the process for "alteration" spelled out in Article 13 of the Articles, Congress submitted the proposal to the states and set the terms for representation.
On September 17, 1787, the Constitution was completed in Philadelphia at the Federal Convention, followed by a speech given by Benjamin Franklin who urged unanimity, although they decided only nine states were needed to ratify the constitution for it to go into effect. The Convention submitted the Constitution to the Congress of the Confederation, where it received approval according to Article 13 of the Articles of Confederation.[10]
Once the Congress of the Confederation received word of New Hampshire's ratification, it set a timetable for the start of operations under the Constitution, and on March 4, 1789, the government under the Constitution began operations.
Historical influences
Several of the ideas in the Constitution were new, and a large number of ideas were drawn from the literature of Republicanism in the United States, from the experiences of the 13 states, and from the British experience with mixed government. The most important influence from the European continent was from Montesquieu, who emphasized the need to have balanced forces pushing against each other to prevent tyranny. (This in itself reflects the influence of Polybius' 2nd century BC treatise on the checks and balances of the constitution of the Roman Republic.) John Locke is known to have been a major influence, and the due process clause of the United States Constitution was partly based on common law stretching back to the Magna Carta of 1215.[10]
Influences on the Bill of Rights
The United States Bill of Rights consists of the ten amendments added to the Constitution in 1791, as supporters of the constitution had promised critics during the debates of 1788.[11] The English Bill of Rights (1689) was an inspiration for the American Bill of Rights. For example, both require jury trials, contain a right to keep and bear arms, and prohibit excessive bail as well as "cruel and unusual punishments." Many liberties protected by state constitutions and the Virginia Declaration of Rights were incorporated into the United States Bill of Rights.
Articles of the Constitution
The Constitution consists of a preamble, seven original articles, twenty-seven amendments, and a paragraph certifying its enactment by the constitutional convention.
Preamble: Statement of purpose
The Preamble states:
- "We the People of the United States, in Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
The Preamble does not grant any particular authority to the federal government and it does not prohibit any particular authority. It establishes the fact that the federal government has no authority outside of what follows the preamble, as amended. "We the people", is one of the most-quoted sections of the Constitution. It was thought by the Federalists during this time that there was no need for a bill of rights as they thought that the preamble spelled out the people's rights.[fact?]
Article One: Legislative power
Article One describes the congress, the legislative branch of the federal government. The United States Congress is a bicameral body consisting of the lower house of the House of Representatives and the Senate as the upper house.
The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, have been a citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, have been a citizen for nine years, and live in the state they represent.
In Article I Section I, the Constitution reads "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." This gives Congress more than simply the responsibility to establish the rules governing its proceedings and for the punishment of its members; it places the power of the government primarily in Congress.
Article I Section 8 enumerates the legislative powers. The powers listed and all other powers are made the exclusive responsibility of the legislative branch:
The Congress shall have power... To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Article I Section IX provides a list of eight specific limits on Congressional power and Article I Section X limits the rights of the states.
The United States Supreme Court has interpreted the Commerce Clause and the Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly listed in the enumerated power nor expressly denied in the limitations on Congress. In the 1819 McCulloch v. Maryland ruling, the Supreme Court fell back on the strict construction of the necessary and proper clause to read that Congress had "[t]he foregoing powers and all other powers..."
Article Two: Executive power
Article Two describes the presidency (the executive branch). The article establishes the manner of election and qualifications of the President, the oath to be affirmed and the powers and duties of the office. The President must be a natural born citizen of the United States, be at least 35 years old, and a resident of the United States for at least 14 years. It also provides for the office of Vice President, and specifies that the Vice President succeeds to the presidency if the President is removed, unable to discharge the powers and duties of office, dies while in office, or resigns. The original text ("the same shall devolve") leaves it unclear whether this succession was intended to be on an acting basis (merely taking on the powers of the office) or permanent (assuming the Presidency itself). After the death of William Henry Harrison, John Tyler set the precedent that the succession was permanent, and this was followed in practice; the 25th Amendment explicitly states that the Vice President becomes President in those cases. Article Two also provides for the impeachment and removal from office of all officers of the government.
Article Three: Judicial power
Article Three describes the court system (the judicial branch), including the Supreme Court. The article requires that there be one court called the Supreme Court; Congress, at its discretion, can create lower courts, whose judgments and orders are reviewable by the Supreme Court. Article Three also creates the right to trial by jury in all criminal cases, defines the crime of treason, and charges Congress with providing for a punishment for it. This Article also sets the kinds of cases that may be heard by the federal judiciary, which cases the Supreme Court may hear first (called original jurisdiction), and that all other cases heard by the Supreme Court are by appeal under such regulations as the Congress shall make.
Article Four: States' powers and limits
Article Four describes the relationship between the states and the Federal government and amongst the states. For instance, it requires states to give "full faith and credit" to the public acts, records, and court proceedings of the other states. Congress is permitted to regulate the manner in which proof of such acts, records, or proceedings may be admitted. The "privileges and immunities" clause prohibits state governments from discriminating against citizens of other states in favor of resident citizens (e.g., having tougher penalties for residents of Ohio convicted of crimes within Michigan.) It also establishes extradition between the states, as well as laying down a legal basis for freedom of movement and travel amongst the states. Today, this provision is sometimes taken for granted, especially by citizens who live near state borders; but in the days of the Articles of Confederation, crossing state lines was often a much more arduous and costly process. Article Four also provides for the creation and admission of new states. The Territorial Clause gives Congress the power to make rules for disposing of Federal property and governing non-state territories of the United States. Finally, the fourth section of Article Four requires the United States to guarantee to each state a republican form of government, and to protect the states from invasion and violence.
Article Five: Amendments
Once proposed — whether submitted by Congress or by a national convention — amendments must then be ratified by three-fourths of the states to take effect. Article Five gives Congress the option of requiring ratification by state legislatures or by special convention. The convention method of ratification has only been used to approve the 21st Amendment. Article Five currently places only one limitation on the amending power — that no amendment can deprive a state of its equal representation in the Senate without that state's consent (limitations regarding slavery and taxation having expired in 1808.)
Article Six: Federal power
Article Six establishes the Constitution, and the laws and treaties of the United States made in accordance with it, to be the supreme law of the land, and that "the judges in every state shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding." It also validates national debt created under the Articles of Confederation and requires that all federal and state legislators, officers, and judges take oaths or affirmations to support the Constitution. This means that the states' constitutions and laws should not conflict with the laws of the federal constitution and that in case of a conflict, state judges are legally bound to honor the federal laws and constitution over those of any state.
Article Six also states "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."
Article Seven: Ratification
Article Seven sets forth the requirements for ratification of the Constitution. The Constitution would not take effect until at least nine states had ratified the Constitution in state conventions specially convened for that purpose, and it would only apply to those states which ratified it.[12] (See above Drafting and ratification requirements.)
Amendment process
The authors of the Constitution were clearly aware that changes would be necessary from time to time if the Constitution was to endure and cope with the effects of the anticipated growth of the nation. However, they were also conscious that such change should not be easy, lest it permit ill-conceived and hastily passed amendments. Balancing this, they also wanted to ensure that an over-rigid requirement of unanimity would not block action desired by the vast majority of the population. Their solution was to devise a dual process by which the Constitution could be altered.[13]
Amending the Constitution is a two-part process: amendments must be proposed and then they must be ratified. Amendments can be proposed one of two ways. The only way that has been used to date is through a two-thirds majority vote in both houses of Congress. Alternatively, two–thirds of the legislatures of the States can call a Constitutional Convention to consider one or more amendments. This second method has never been used, and it is unclear exactly how, in practice, such a Constitutional Convention would work.
Regardless of how the amendment is proposed, the amendment must be approved by three-fourths of states, a process called ratification. Depending on the amendment, this requires either the state legislatures or special state conventions to approve the amendment by simple majority vote. Amendments generally go to state legislatures to be ratified, only the Twenty-first Amendment called for special state conventions.
Unlike many other constitutions, amendments to the U.S. constitution are appended to the existing body of the text without altering or removing what already exists. There is no provision for deleting either obsolete text or rescinded provisions, including passages that are directly contradicted by subsequent amendments (for example, the 18th and 21st).
Judicial review
The way the Constitution is understood is also influenced by the decisions of the court system, and especially the Supreme Court. These decisions are referred to, collectively, as precedents. The ability of the courts to interpret the Constitution was decided early in the history of the United States, in the 1803 case of Marbury v. Madison. In that case, the Supreme Court established the doctrine of judicial review, which is the power of the Court to examine legislation and other acts of Congress and to decide their constitutionality. The doctrine also embraces the power of the Court to explain the meaning of various sections of the Constitution as they apply to particular cases brought before the Court. Over the years, a series of Court decisions, on issues ranging from governmental regulation of radio and television to the rights of the accused in criminal cases, has affected a change in the way many Constitutional clauses are interpreted, without amendment to the actual text of the Constitution.
Legislation, passed to implement provisions of the Constitution or to adapt those implementations to changing conditions, also broadens and, in subtle ways, changes the meanings given to the words of the Constitution. Up to a point, the rules and regulations of the many agencies of the federal government have a similar effect. If the actions of Congress or federal agencies are challenged as to their constitutionality, however, it is the court system that ultimately decides whether or not they are allowable under the Constitution.
Subsequent amendments
The Constitution has a total of twenty-seven amendments. The first ten, collectively known as the Bill of Rights, were ratified simultaneously. The following seventeen were ratified separately.
The Bill of Rights (1–10)
Read more in the Main Article--> United States Bill of Rights
It is commonly understood that the Bill of Rights was not originally intended to apply to the states, though except where amendments refer specifically to the Federal Government or a branch thereof (as in the First Amendment, under which some states in the early years of the nation officially established a religion), there is no such delineation in the text itself. Nevertheless, a general interpretation of inapplicability to the states remained until 1868, when the Fourteenth Amendment was passed, which stated, in part, that:
- "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
The Supreme Court has interpreted this clause to extend most, but not all, parts of the Bill of Rights to the states. Nevertheless, the balance of state and federal power has remained a battle in the Supreme Court.
The amendments that became the Bill of Rights were actually the last ten of the twelve amendments proposed in 1789. The second of the twelve proposed amendments, regarding the compensation of members of Congress, remained unratified until 1992, when the legislatures of enough states finally approved it and, as a result, it became the Twenty-seventh Amendment despite more than two centuries of pendency. The first of the twelve—still technically pending before the state legislatures for ratification—pertains to the apportionment of the United States House of Representatives after each decennial census. The most recent state whose lawmakers are known to have ratified this proposal is Kentucky in 1792, during that commonwealth's first month of statehood.
- First Amendment: addresses the rights of freedom of religion (prohibiting Congressional establishment of a religion over another religion through Law and protecting the right to free exercise of religion), freedom of speech, freedom of the press, freedom of assembly, and freedom of petition.
- Second Amendment: guarantees the right of individuals to possess firearms. See District of Columbia v. Heller.
- Third Amendment: prohibits the government from using private homes as quarters for soldiers during peacetime without the consent of the owners. The only existing case law regarding this amendment is a lower court decision in the case of Engblom v. Carey.[14]
- Fourth Amendment: guards against searches, arrests, and seizures of property without a specific warrant or a "probable cause" to believe a crime has been committed. Some rights to privacy have been inferred from this amendment and others by the Supreme Court.
- Fifth Amendment: forbids trial for a major crime except after indictment by a grand jury; prohibits double jeopardy (repeated trials), except in certain very limited circumstances; forbids punishment without due process of law; and provides that an accused person may not be compelled to testify against himself (this is also known as "Taking the Fifth" or "Pleading the Fifth"). This is regarded as the "rights of the accused" amendment, otherwise known as the Miranda rights after the Supreme Court case. It also prohibits government from taking private property for public use without "just compensation," the basis of eminent domain in the United States.
- Sixth Amendment: guarantees a speedy public trial for criminal offenses. It requires trial by a jury, guarantees the right to legal counsel for the accused, and guarantees that the accused may require witnesses to attend the trial and testify in the presence of the accused. It also guarantees the accused a right to know the charges against him. The Sixth Amendment has several court cases associated with it, including Powell v. Alabama, United States v. Wong Kim Ark, Gideon v. Wainwright, and Crawford v. Washington. In 1966, the Supreme Court ruled that the fifth amendment prohibition on forced self-incrimination and the sixth amendment clause on right to counsel were to be made known to all persons placed under arrest, and these clauses have become known as the Miranda rights.
- Seventh Amendment: assures trial by jury in civil cases.
- Eighth Amendment: forbids excessive bail or fines, and cruel and unusual punishment.
- Ninth Amendment: declares that the listing of individual rights in the Constitution and Bill of Rights is not meant to be comprehensive; and that the other rights not specifically mentioned are retained by the people.
- Tenth Amendment: provides that powers that the Constitution does not delegate to the United States and does not prohibit the States from exercising, are "reserved to the States respectively, or to the people."
Subsequent amendments (11–27)
Amendments to the Constitution subsequent to the Bill of Rights cover many subjects. The majority of the seventeen later amendments stem from continued efforts to expand individual civil or political liberties, while a few are concerned with modifying the basic governmental structure drafted in Philadelphia in 1787. Although the United States Constitution has been amended a total of 27 times, only 26 of the amendments are currently in effect because the twenty-first amendment supersedes the eighteenth.
- Eleventh Amendment (1795): Clarifies judicial power over foreign nationals, and limits ability of citizens to sue states in federal courts and under federal law. (Full text)
- Twelfth Amendment (1804): Changes the method of presidential elections so that members of the Electoral College cast separate ballots for president and vice president. (Full text)
- Thirteenth Amendment (1865): Abolishes slavery and grants Congress power to enforce abolition. (Full text)
- Fourteenth Amendment (1868): Defines a set of guarantees for United States citizenship; prohibits states from abridging citizens' privileges or immunities and rights to due process and the equal protection of the law; repeals the Three-fifths compromise; prohibits repudiation of the federal debt caused by the Civil War. (Full text)
- Fifteenth Amendment (1870): Forbids the federal government and the states from using a citizen's race, color, or previous status as a slave as a qualification for voting. (Full text)
- Sixteenth Amendment (1913): Authorizes unapportioned federal taxes on income. (Full text)
- Seventeenth Amendment (1913): Establishes direct election of senators. (Full text)
- Eighteenth Amendment (1919): Prohibited the manufacturing, importing, and exporting of alcoholic beverages (see Prohibition in the United States). Repealed by the Twenty-First Amendment. (Full text)
- Nineteenth Amendment (1920): Prohibits the federal government and the states from forbidding any citizen to vote due to their sex. (Full text)
- Twentieth Amendment (1933): Changes details of Congressional and presidential terms and of presidential succession. (Full text)
- Twenty-first Amendment (1933): Repeals Eighteenth Amendment. Permits states to prohibit the importation of alcoholic beverages. (Full text)
- Twenty-second Amendment (1951): Limits president to two terms. (Full text)
- Twenty-third Amendment (1961): Grants presidential electors to the District of Columbia. (Full text)
- Twenty-fourth Amendment (1964): Prohibits the federal government and the states from requiring the payment of a tax as a qualification for voting for federal officials. (Full text)
- Twenty-fifth Amendment (1967): Changes details of presidential succession, provides for temporary removal of president, and provides for replacement of the vice president. (Full text)
- Twenty-sixth Amendment (1971): Prohibits the federal government and the states from forbidding any citizen of age 18 or greater to vote on account of their age. (Full text)
- Twenty-seventh Amendment (1992): Limits congressional pay raises. (Full text)
Unratified amendments
Over 10,000 Constitutional amendments have been introduced in Congress since 1789; in a typical Congressional year in the last several decades, between 100 and 200 are offered. Most of these concepts never get out of Congressional committee, and far fewer get proposed by the Congress for ratification. Backers of some amendments have attempted the alternative, and thus-far never-utilized, method mentioned in Article Five. In two instances—reapportionment in the 1960s and a balanced federal budget during the 1970s and 1980s—these attempts have come within just two state legislative "applications" of triggering that alternative method.
Of the thirty-three amendments that have been proposed by Congress, six have failed ratification by the required three-quarters of the state legislatures—and four of those six are still technically pending before state lawmakers (see Coleman v. Miller). Starting with the 18th Amendment, each proposed amendment (except the 19th Amendment and the still-pending Child Labor Amendment of 1924) has specified a deadline for passage. The following are the unratified amendments:
- The Congressional Apportionment Amendment, proposed by the 1st Congress on September 25, 1789, defined a formula for how many members there would be in the United States House of Representatives after each decennial census. Ratified by eleven states, the last being Kentucky in June 1792 (Kentucky's initial month of statehood), this amendment contains no expiration date for ratification. In principle it may yet be ratified, though as written it became moot when the population of the United States reached ten million.
- The so-called missing thirteenth amendment, or "Titles of Nobility Amendment" (TONA), proposed by the 11th Congress on May 1, 1810, would have ended the citizenship of any American accepting "any Title of Nobility or Honour" from any foreign power. Some maintain that the amendment was actually ratified by the legislatures of enough states, and that a conspiracy has suppressed it, but this has been thoroughly debunked.[15] Known to have been ratified by lawmakers in twelve states, the last in 1812, this amendment contains no expiration date for ratification. It may yet be ratified.
- The Corwin amendment, proposed by the 36th Congress on March 2, 1861, would have forbidden any attempt to subsequently amend the Constitution to empower the Federal government to "abolish or interfere" with the "domestic institutions" of the states (a delicate way of referring to slavery). It was ratified by only Ohio and Maryland lawmakers before the outbreak of the Civil War. Illinois lawmakers—sitting as a state constitutional convention at the time—likewise approved it, but that action is of questionable validity. The proposed amendment contains no expiration date for ratification and may yet be ratified. However, adoption of the 13th, 14th, and 15th Amendments after the Civil War likely means that the amendment would be ineffective if adopted.
- A child labor amendment proposed by the 68th Congress on June 2, 1924, which stipulates: "The Congress shall have power to limit, regulate, and prohibit the labor of persons under eighteen years of age." This amendment is highly unlikely to be ratified, since subsequent federal child labor laws have uniformly been upheld as a valid exercise of Congress' powers under the commerce clause.
Properly placed in a separate category from the other four constitutional amendments that Congress proposed to the states, but which not enough states have approved, are the following two offerings which—because of deadlines—are no longer subject to ratification.
- The Equal Rights Amendment, or ERA, which reads in pertinent part "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." Proposed by the 92nd Congress on March 22, 1972, it was ratified by the legislatures of 35 states, and expired on either March 22, 1979 or on June 30, 1982, depending upon one's point of view of a controversial three-year extension of the ratification deadline, which was passed by the 95th Congress in 1978. Of the 35 states ratifying it, four later rescinded their ratifications prior to the extended ratification period which commenced March 23, 1979 and a fifth—while not going so far as to actually rescind its earlier ratification—adopted a resolution stipulating that its approval would not extend beyond March 22, 1979. There continues to be diversity of opinion as to whether such reversals are valid; no court has ruled on the question, including the Supreme Court. But a precedent against the validity of rescission was first established during the ratification process of the 14th Amendment when Ohio and New Jersey rescinded their earlier approvals, but yet were counted as ratifying states when the 14th Amendment was ultimately proclaimed part of the Constitution in 1868.
- The District of Columbia Voting Rights Amendment was proposed by the 95th Congress on August 22, 1978. Had it been ratified, it would have granted to Washington, D.C. two Senators and at least one member of the House of Representatives as though the District of Columbia were a state. Ratified by the legislatures of only 16 states—less than half of the required 38—the proposed amendment expired on August 22, 1985.
There are currently only a few proposals for amendments which have entered mainstream political debate. These include the proposed Federal Marriage Amendment, the Balanced Budget Amendment, and the Flag Desecration Amendment. All three of these proposed amendments are primarily supported by conservative members of the Republican Party.[fact?] Since the opposing Democratic Party obtained the Presidency and solid majorities in the U.S. House and Senate during the 2008 election, it is therefore not expected that these will be submitted through the legislative process anytime in the near future.[fact?]
External links
Encyclopedias
- Encyclopedia Britannica: Constitution of the United States of America
- Encyclopedia.com: Constitution Of The United States
References
- ↑ U.S. Constitution Center. Retrieved on 2008-09-21.
- ↑ WikiSource. WikiSource: Constitution of the United States of America. Retrieved on 2007-12-16.
- ↑ Library of Congress. Primary Documents in American History: The United States Constitution. Retrieved on 2007-12-16.
- ↑ Christian G. Fritz, American Sovereigns: The People and America's Constitutional Tradition Before the Civil War (Cambridge University Press, 2008) at p. 131 [ISBN 978-0-521-88188-3 (noting that "Madison, along with other Americans clearly understood" the Articles of Confederation "to be the first federal Constitution.")
- ↑ Casey (1974)
- ↑ NARA. National Archives Article on William Paterson. Retrieved on 2007-12-16.
- ↑ NARA. National Archives Article on Roger Sherman. Retrieved on 2007-12-16.
- ↑ Section 2 of Article I provides in part: "Representatives and direct taxes shall be apportioned among the several states . . . by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons."
- ↑ See South Carolina Declaration of Causes in Seccession (December 24, 1860), reprinted in Richard Hofstadter, Great Issues in American History. Volume II, Vintage Books (1958), p.76-7; Abraham Lincoln, Message to Congress (July 4, 1861) reprinted in Hofstadter, supra.
- ↑ 10.0 10.1 NARA. National Archives Article on the Entire Constitutional Convention. Retrieved on 2007-12-16.
- ↑ NARA. National Archives Article on the Bill of Rights. Retrieved on 2007-12-16.
- ↑ National Archives and Records Administration. National Archives Article on the Constitution. Retrieved on 2008-09-01.
- ↑ Lutz, Donald (1994). Toward a theory of constitutional amendment.
- ↑ Findlaw.com
- ↑ The Missing Thirteenth Amendment