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United States ConstitutionThe United States Constitution is the supreme law of the United States of America. It was adopted in its original form on September 17, 1787 by the Constitutional Convention in Philadelphia, Pennsylvania and later ratified by state-selected delegates representing the people of the several states., When delegates in nine states of the then thirteen states ratified the document, it marked the creation of a union of sovereign states, and a federal government to administer that union.
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Quotations
The right to trial by jury shall be preserved.
A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.
The right of the people to be secure...against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
The right of the citizens of the United States to vote shall not be denied or abridged...on account of race, color, or previous condition of servitude.
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Encyclopedia
The United States Constitution is the supreme law of the United States of America. It was adopted in its original form on September 17, 1787 by the Constitutional Convention in Philadelphia, Pennsylvania and later ratified by state-selected delegates representing the people of the several states., When delegates in nine states of the then thirteen states ratified the document, it marked the creation of a union of sovereign states, and a federal government to administer that union. It took effect on March 4, 1789, replacing the weaker, less well-defined union that existed under the Articles of Confederation. The Constitution of the United States is the oldest federal constitution currently in use. History During the Revolutionary War, the thirteen states first formed a weak central government—with the Congress being its only component—under the Articles of Confederation. Congress lacked any power to impose taxes, and, because there was no national executive or judiciary, it relied on state authorities, who were often uncooperative, to enforce all its acts. It also had no authority to override tax laws and tariffs between states. The Articles required unanimous consent from all the states before they could be amended and states took the central government so lightly that their representatives were often absent. For lack of a quorum, Congress was frequently blocked from making even moderate changes. 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 Confederation Congress 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 its purpose was to propose amendments to the Articles, but the Convention decided to propose a rewritten Constitution. The Philadelphia Convention voted to keep deliberations secret and decided to draft a new fundamental government design which eventually stipulated that only 9 of the 13 states would have to ratify for the new government to go into effect . These actions were criticized by some as exceeding the convention's mandate and existing law. However, Congress, noting dissatisfaction with the Articles of Confederation government, unanimously agreed to submit the proposal to the states despite what some perceived as the exceeded terms of reference. On September 17, 1787, the Constitution was completed in Philadelphia, followed by a speech given by Benjamin Franklin. In it he talked about how he wasn't completely satisfied with it but that perfection would never fully be achieved. He accepted the document as it was and he wanted all those against the ratification of it to do the same. The new government it prescribed came into existence on March 4, 1789, after fierce fights over ratification in many of the states. All four pages of the original transcribed copy of the Constitution are retained by the National Archives in Washington, D.C. Only the first page and the fourth page are on permanent display, with the document being on public display in its entirety only on Constitution Day each year. Preamble The Preamble says: - We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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 neither grants any powers nor inhibits any actions; it only explains the rationale behind the Constitution. The Preamble, especially the first three words , is one of the most quoted and referenced sections of the Constitution. Articles of the Constitution The remainder of the constitution consists of seven original articles and twenty-seven amendments. Legislative powerArticle One establishes the legislative branch of government, U.S. Congress, which includes the House of Representatives and the Senate. The Article establishes the manner of election and qualifications of members of each House. 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. Finally, it establishes limits on federal and state legislative power. |
Executive powerArticle Two describes the presidency : 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, although whether this succession was on an acting or permanent basis was unclear until the passage of the 25th Amendment.
Article Two also provides for the impeachment and removal from office of civil officers .
Judicial powerArticle Three describes the court system , 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, while imposing limits on that punishment.
States' powers and limitsArticle 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 . 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 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.
Process of amendmentArticle 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 the Senate and of the House of Representatives. Under the second method, two-thirds 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 mid-2006, only the first method has been used.
Once proposed—whether submitted by a national convention or by Congress—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 assembled in the states. The convention method of ratification has been used only once . 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.
Federal powerArticle 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 legislators, federal 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.
RatificationArticle 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. New Hampshire became that ninth state on June 21, 1788. 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.
The Constitution was ratified by the states in the following order:
| | Date | State | Votes | % Approval |
|---|
| Yes | No |
|---|
1
| December 7, 1787
| Delaware | 30 | 0 | 100% | 2
| December 12, 1787
| Pennsylvania | 46 | 23 | 67% | 3
| December 18, 1787
| New Jersey | 38 | 0 | 100% | 4
| January 2, 1788
| Georgia | 26 | 0 | 100% | 5
| January 9, 1788
| Connecticut | 128 | 40 | 76% | 6
| February 6, 1788
| Massachusetts | 187 | 168 | 53% | 7
| April 28, 1788
| Maryland | 63 | 11 | 85% | 8
| May 23, 1788
| South Carolina | 149 | 73 | 67% | 9
| June 21, 1788
| New Hampshire | 57 | 47 | 55% | 10
| June 25, 1788
| Virginia | 89 | 79 | 53% | 11
| July 26, 1788
| New York | 30 | 27 | 53% | 12
| November 21, 1789
| North Carolina | 194 | 77 | 72% | 13
| May 29, 1790
| Rhode Island | 34 | 32 | 52%
|
Corrections In Article VII, the paragraph beginning, "The Word, 'The,' being interlined",
makes clear certain corrections and modifications.
These changes can be seen by examining the high resolution images
available on the .
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.
The first option must begin in Congress which, by a two-thirds vote in each house, may initiate an amendment. Alternatively, the legislatures of two-thirds of the several states may ask Congress to call a national convention to discuss and draft amendments. To date, all amendments have been proposed by Congress; although state legislatures have on occasion requested the calling of a convention, no such request has yet received the concurrence required for such a convention.
In either case, amendments must have the approval of the legislatures or of smaller ratifying conventions within three-fourths of the states before becoming part of the Constitution. All amendments save one have been submitted to the state legislatures for ratification; only the 21st Amendment was ratified by individual conventions in the states.
Unlike most constitutions, amendments to the U.S. constitution are appended to the existing body of the text, rather than being revisions of or insertions into the main articles. There is no provision for expunging from the text obsolete or rescinded provisions.
Some people feel that demographic changes in the U.S.—specifically the great disparity in population between states—have made the Constitution too difficult to amend, with states representing as little as 4% of the population theoretically able to block an amendment desired by over 90% of Americans; others feel that it is unlikely that such an extreme result would occur. However, any proposals to change this would necessarily involve amending the Constitution itself, creating something of a Catch-22.
Aside from the direct process of amending the Constitution, the practical effect of its provisions may be altered by judicial decision. The United States is a common law country, and courts follow the precedents established in prior cases. However, when a Supreme Court decision clarifies the application of a part of the Constitution to existing law, the effect is to establish the meaning of that part for all practical purposes. Not long after adoption of the Constitution, in the 1803 case of Marbury v. Madison, 5 U.S. 137 [i] , is a landmark case [i] in United States [i] law [i] ...
, 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 effected 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.
AmendmentsThe 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
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 . 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 , 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
The First Amendment addresses the rights of freedom of speech, freedom of the press, the freedom of assembly, freedom of petition, and also Freedom of Religion, both in terms of prohibiting the Congressional establishment of religion and protecting the right to free exercise of religion.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
Second Amendment
The Second Amendment, known as the right to bear arms, states in its entirety:
"A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed."
Third Amendment
The 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.
"No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."
Fourth Amendment
The 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. A general right to privacy has been inferred from this amendment and others by the Supreme Court , including a right to abortion .
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Fifth Amendment
The fifth forbids trial for a major crime except after indictment by a grand jury; prohibits repeated trials for the same offense after an acquittal ; forbids punishment without due process of law; and provides that an accused person may not be compelled to testify against himself . This is regarded as the "rights of the accused" amendment.
The Fifth Amendment also includes the "Takings clause," which prohibits government from taking private property without "just compensation." This is the basis of eminent domain in the United States. This is a source of a fair amount of Constitutional law.
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Sixth, Seventh, and Eighth Amendments
The next three amendments regulate the justice system. The sixth 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 seventh assures trial by jury in civil cases involving anything valued at more than 20 United States dollars at the time, which is currently worth $300, when accounting for inflation. The eighth forbids excessive bail or fines, and cruel and unusual punishment. 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 as a result these clauses have become known as the Miranda rights.
- 6. "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."
- 7. "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law."
- 8. "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Ninth and Tenth Amendments
The last two of the first ten amendments contain very broad statements of constitutional authority.
The 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 people have other rights not specifically mentioned in the Constitution, but rather retained elsewhere by the people of the individual states. The right of privacy has been interpreted as one of these unenumerated rights by many people. The right of the people to keep and bear arms is also often interpreted as another of these unenumerated rights by many people. Other, pre-existing, non-enumerated rights, besides just these two, continue to exist because of the Ninth Amendment. There is little case law.
The 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." The phrase "or to the people", refers to the right of people within respective states to pass state-referendums.
- 9. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."'
- 10. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
Subsequent amendments 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 17 times, only 16 of the amendments are currently used because the 21st amendment supersedes the 18th.
There also have been many failed attempts to amend the Constitution. There are some that are still ongoing today .
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, much less 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.
The Eighteenth Amendment is the only amendment to be directly and specifically repealed by another . The episode highlighted the importance of proposing and ratifying only the most important, and least evanescent, of amendments.
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. Starting with the 18th amendment, each proposed amendment 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 , 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" , 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 . 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 . 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.
Expired amendments 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
1971-1972
...
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 | |
