UNITED STATES CONSTITUTION
The United States Constitution is the supreme law of the United States of
America. It was adopted on September 17, 1787, by the Constitutional Convention
in Philadelphia, Pennsylvania, and later ratified by conventions in each state
in the name of "the People"; it has since been amended seventeen times, besides
the 10 added through the Bill of Rights. The Constitution has a central place in
United States law and political culture. The U.S. Constitution is argued by many
to be the oldest living written national constitution. The handwritten, or
"engrossed", original document is on display at the National Archives and
Records Administration in Washington, D.C. The United States Constitution has
4,543 words, including the signatures.
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, insure 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. What it does, is
establish 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 federalists during this time
that there was no need for a bill of rights and they thought that the preamble
spelled out the people's rights.
Article One: Legislative power
Article One establishes the legislative branch of government, the United
States Congress, which includes the House of Representatives and the Senate. The
Article establishes the manner of election and qualifications of members of each
House. For the House a representative must be 25 years old, have been a citizen
of the United States for 7 years, and live in the state they represent. For the
Senate a representative must be 30 years old, have been a citizen for 9 years,
and live in the state they represent. In addition, it provides for free debate
in Congress and limits self-serving behavior of congressmen, outlines
legislative procedure and indicates the powers of the legislative branch. There
is a debate as to whether the enumerated powers listed in Article 1 Section 8
are a list of enumerated powers. These powers may also be interpreted as a list
of powers, formerly either executive or judicial in nature, that have been
explicitly granted to the U.S. Congress. This interpretation may be further
supported by a broad definition of both the commerce clause and the
necessary-and-proper clause of the Constitution. The argument for enumerated
powers can be traced back to the 1819 McCulloch v. Maryland United States
Supreme Court ruling. Finally, it establishes limits on federal and state
legislative power.
Article Two: Executive power
Article Two describes the presidency (the executive branch): procedures for
the selection of the president, qualifications for office, the oath to be
affirmed and the powers and duties of the office. It also provides for the
office of Vice President of the United States, and specifies that the Vice
President succeeds to the presidency if the President is incapacitated, dies, 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 civil
officers (the President, Vice President, judges, and others).
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 requires trial by
jury in all criminal cases, defines the crime of treason, and charges Congress
with providing for a punishment for it. It 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: Process of Amendments
Article Five describes the process necessary to amend the Constitution. It
establishes two methods of proposing amendments: by Congress or by a national
convention requested by the states. Under the first method, Congress can propose
an amendment by a two-thirds vote (of a quorum, not necessarily of the entire
body) of the Senate and of the House of Representatives. Under the second
method, two-thirds (2/3) of the state legislatures may convene and "apply" to
Congress to hold a national convention, whereupon Congress must call such a
convention for the purpose of considering amendments. As of 2008, only the first
method (proposal by Congress) has been used.
Once proposed—whether submitted by Congress or by a national
convention—amendments must then be ratified by three-fourths (3/4) of the states
to take effect. Article Five gives Congress the option of requiring ratification
by state legislatures or by special conventions assembled in the states. The
convention method of ratification has been used only once (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. (See above Drafting and ratification requirements.)
Provisions for amendment
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
overly 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.
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.
Aside from the direct process of amending the Constitution, court
interpretation is also influenced by prior/existing judicial decisions. The
United States is a common law country and its common law is rooted in English
common law which means that courts acknowledge interpretations established in
prior cases. These are referred to, collectively, as precedents. Nonetheless,
local court decisions are subject to decisions written by the U.S. Supreme
Court, whose responsibility it is to interpret the U.S. Constitution.) Not long
after adoption of the Constitution, in the 1803 case of Marbury v. Madison 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. Since such cases will reflect changing legal,
political, economic, and social conditions, this provides a mechanism, in
practice, for adjusting the Constitution without needing to amend its text. 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.
Congressional 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. In case of objection, the test in both cases
is whether, in the opinion of the courts, such legislation and rules conform
with the meanings given to the words of the Constitution.
Amendments
The Constitution has a total of 27 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)
The Bill of Rights comprises the first ten amendments to the Constitution.
Those amendments were adopted between 1789 and 1791, and all relate to limiting
the power of the federal government. They were added in response to criticisms
of the Constitution by the state ratification conventions and by prominent
individuals such as Thomas Jefferson (who was not a delegate to the
Constitutional Convention). These critics argued that without further
restraints, the strong central government would become tyrannical. The
amendments were proposed by Congress as part of a block of twelve in September
1789. By December 1791 a sufficient number of states had ratified ten of the
twelve proposals, and the Bill of Rights became part of the Constitution.
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: declares "a well regulated militia" as "necessary to
the security of a free State", and as explanation for prohibiting infringement
of "the right of the People to keep and bear arms."
Third Amendment: prohibits the government from using private homes as
quarters for soldiers 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.
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
themself (this is also known as "Taking the Fifth" or "Pleading the Fifth").
This is regarded as the "rights of the accused" amendment. It also prohibits
government from taking private property 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 elsewhere 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 used because the 21st
amendment supersedes the 18th.
Eleventh Amendment (1795): Clarifies judicial power over foreign nationals,
and limits ability of citizens to sue states in federal courts and under federal
law.
Twelfth Amendment (1804): Changes the method of presidential elections so
that members of the electoral college cast separate ballots for president and
vice president.
Thirteenth Amendment (1865): Abolishes slavery and grants Congress power to
enforce abolition.
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.
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.
Sixteenth Amendment (1913): Authorizes unapportioned federal taxes on income.
Seventeenth Amendment (1913): Establishes direct election of senators.
Eighteenth Amendment (1919): Prohibited the manufacturing, importing, and
exporting of alcoholic beverages (see Prohibition in the United States).
Repealed by the Twenty-First Amendment.
Nineteenth Amendment (1920): Prohibits the federal government and the states
from forbidding any citizen to vote due to their sex.
Twentieth Amendment (1933): Changes details of Congressional and presidential
terms and of presidential succession.
Twenty-first Amendment (1933): Repeals Eighteenth Amendment. Permits states
to prohibit the importation of alcoholic beverages.
Twenty-second Amendment (1951): Limits president to two terms.
Twenty-third Amendment (1961): Grants presidential electors to the District
of Columbia.
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.
Twenty-fifth Amendment (1967): Changes details of presidential succession,
provides for temporary removal of president, and provides for replacement of the
vice president.
Twenty-sixth Amendment (1971): Prohibits the federal government and the
states from forbidding any citizen of age 18 or greater to vote simply because
of their age.
Twenty-seventh Amendment (1992): Limits congressional pay raises.
Un-ratified 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 for the 19th Amendment and for 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 [1]. 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 now moot, since
subsequent federal child labor laws have uniformly been upheld as a valid
exercise of Congress' powers under the commerce clause. This amendment contains
no expiration date for ratification. It may yet be ratified.
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.
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