CONSTITUTION 

People depend on government to assure freedom and order, but recognize it as a possible source of harm and oppression. The Founding Fathers wanted to establish a strong central authority but limit its ability to abuse power. Their first attempt at forming a government was a confederation of states. The Articles of Confederation granted independence to each state and gave little authority to the central government. Under this confederation, each state minted its own money and regulated its own trade. This caused confusion and an economic slump in the United States. In 1786, thousands of farmers in western Massachusetts, led by Daniel Shays, attempted to prevent the courts from foreclosing mortgages on their farms. The central government could not deal with the uprising and the country’s economic problems, so the states called for a convention to review the Articles of Confederation.

 

Delegates at the convention recognized the weaknesses in the document:

• Each state had only one vote, regardless of its size and population.

• Congress had no power to collect taxes and duties.

• Congress had no power to regulate interstate and foreign commerce.

• There were no provisions for a national court system.

• An amendment could be ratified (approved) only with the consent of all states.

• A 9/13 majority was required to enact a law.

• The Articles were at best “a firm league of friendship” among the states.

 

A majority of the representatives at the convention decided that the problems of the republic could be addressed only by forming a new government and writing a new constitution. The Federalists, led by James Madison and Alexander Hamilton, favored a strong central government and supported ratification of a constitution. The Anti-Federalists, led by Patrick Henry and John Hancock, objected to ratification mainly because they feared the central government would become too powerful, and the constitution did not include a bill of rights.

 

After much compromise and debate, a U.S. Constitution was ratified based on the following principles: 

 

• Popular sovereignty. The people have supreme power. They establish the government, which is subject to the will of the people.

• Limited government. The government may do only what the people have empowered it to do.

• Separation of powers. The responsibilities of the government are divided among the executive, legislative, and judicial branches.

• Checks and balances. Each branch of government has the authority and responsibility to check (restrain) the power of the other two branches. This balance prevents the misuse of power by any one branch.

• Judicial review. Since 1803 it has been established that the federal courts have the power to review acts of the executive and legislative branches. If the court decides that an act or law violates a provision of the Constitution, it can nullify (cancel) the act.

• Federalism. Power is shared between national and local governments. This system ensures that the national government is powerful enough to be effective, but that some powers (or functions) are reserved to the states and the citizens themselves.

 

PREAMBLE TO THE CONSTITUTION 

Preamble to the Constitution The preamble is the introduction to the Constitution. Only one sentence long, the preamble states the six reasons for creating the document that embodies the basic principles and laws of the United States. The preamble clearly affirms that the people—not the states, not the central government—have the sovereign (supreme and absolute) authority to ordain (establish) the Constitution as the supreme law of the land. The people’s intention is to:

• Strengthen the country by unifying the states.

• Enact and apply laws that treat all citizens reasonably, fairly, and impartially.

• Maintain order to ensure peace on home soil.

• Make sure that the country is prepared to defend itself from its enemies.

• Provide services and make efforts to improve the quality of life for all citizens.

• Preserve and protect the rights and liberties of Americans, and to pass those
  freedoms on to future generations.

 

In his 1863 Gettysburg Address, President Abraham Lincoln defined

American democracy as “government of the people, by the people, for the people.”

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ARTICLES

The seven Articles of the Constitution lay the foundation for the United States’ system of government. They establish three separate and distinct branches of government; define the relationships of the states between themselves and with the federal government; describe the procedures for amendment; state that the Constitution is the “supreme law of the land”; and explain how the Constitution will be ratified.

 

Article I establishes the Congress—the legislative, or lawmaking, branch of government that consists of the Senate and the House of Representatives. This article explains the powers and limits of the legislature, the qualifications for office, and the methods of electing representatives. It also places some restrictions on state governments.

 

Article II establishes the executive branch of government and the offices of the president and vice president. This article explains the powers, duties, and limits of the president and the qualifications and methods of electing the president and vice president.

 

Article III establishes the judicial branch of government and the Supreme Court. This article also gives Congress the power to establish other “inferior” courts. The article explains the judicial power of federal courts.

 

Article IV, adopted almost exactly from the Articles of Confederation, describes the relationships the states must have with one another, the relationships between the federal government and the state governments, and the procedure for adding states and territories.

 

Article V details the procedures for amending, or making formal changes to, the Constitution.

 

Article VI states that the Constitution and all subsequent federal laws are the supreme law of the land. This article requires all state judges to follow the Constitution, even if state laws or constitutions contradict it, and requires all legislative, judicial, and executive officials of the federal and state governments to swear under oath to support the Constitution.

 

Article VII explains how the Constitution shall be ratified, or approved, by the states in order for it to be established. According to Article VII, only nine states had to approve the Constitution for it to go into effect in those states. On June 21, 1788, New Hampshire—the ninth state—ratified the Constitution and made it officially the law of the land. But several states refused to ratify the document until Congress agreed to add a list of basic rights held by the people. This list became the Bill of Rights.

of our liberties.” —Abraham Lincoln

BILL OF RIGHTS

The first 10 amendments to the Constitution are called the Bill of Rights. These amendments, which guarantee individual rights and freedoms, were added to the Constitution less than three years after it became effective. James Madison drafted the Bill of Rights, borrowing key points from the Magna Carta. These amendments do not give us new liberties; they protect the liberties we already have.

 

The First Amendment is perhaps the most well-known. It protects freedom of religion, speech, and the press, and grants citizens the rights to peaceably assemble and to petition the government.

 

Unlike the First Amendment, which protects your right to speak out, the Fifth Amendment

protects your right to keep quiet and not reveal incriminating facts against yourself.

 

The Second Amendment is one of the most controversial of the 10 amendments.

It asserts every state’s right to have a “well-regulated militia” and the right of the

people to have and carry weapons.

 

The Third Amendment protects citizens from being forced to take soldiers into their homes to feed and board them. The exception to this is in wartime if Congress enacts a law requiring that citizens do so.

 

The Fourth Amendment prohibits the unreasonable search and seizure of people, their houses, papers, and private property. In most cases, searches, seizures, and arrests require a warrant issued by a judge.

 

The Fifth Amendment describes the rights of citizens in criminal cases. A person may not stand trial for a serious crime punishable by death or imprisonment unless a grand jury decides there is enough evidence against the individual to bring that person to trial. A citizen may not be tried twice for the same offense (this is called double jeopardy), and may not be forced to testify against himself or herself. This amendment also states that no person shall be deprived of life, liberty, or property without “due process of law,” or fair and legal procedures. The last provision deals with “eminent domain,” or the government’s power to take private property for public use. It prevents the government from taking the property without paying the owner a fair price.

 

The Sixth Amendment guarantees the right to a fair trial. A person charged with a crime must have a speedy and public trial heard by an impartial jury. The defendant has the right to be told of the charges against him or her, be confronted by the accuser, be allowed to introduce witnesses for him or herself, and have the benefit of legal counsel.

 

The Seventh Amendment guarantees the right to a trial by jury in civil cases where the disputed amount exceeds $20. Either party in the suit may ask for a jury trial.

 

The Eighth Amendment prohibits courts from imposing excessive bails and fines. It also forbids the use of “cruel and unusual punishment.” Americans debate every day about whether the death penalty is a cruel and unusual punishment for a person convicted of murder. Some people argue that paddling students for breaking school rules is cruel and unusual. What do you think? T

 

The Ninth Amendment makes clear that the rights mentioned in the first eight amendments include certain, but not all, rights of the citizens. It states that the people retain any rights not specifically listed in the Constitution.

 

The 10th Amendment asserts that the states or the people retain those powers not delegated to the federal government by the Constitution.

 

In all of world history, the Bill of Rights is one of the greatest documents protecting individual rights. It has provoked protest rallies, legal challenges, even riots, as Americans interpret and defend their rights. Some of the most hotly debated subjects include gun control, abortion rights, school prayer, censorship, and the teaching of the theory of evolution. No matter where you stand on these issues, the First Amendment guarantees that you can voice your opinion.

 

Changing the Constitution

Written words in the Constitution can be changed or added through the formal amendment process described in Article V. An amendment may be proposed in one of two ways: by a two-thirds vote in each house of Congress; or by a national convention called by Congress at the request of two-thirds of the state legislatures. The proposed amendment may be ratified in one of two ways: by three-fourths of the state legislatures; or by three-fourths of the states during conventions called for that purpose. In the informal amendment process, changes in the Constitution take place over time without altering or adding to the written words. These informal amendments develop as a result of congressional legislation, presidential actions, Supreme Court decisions, activities of political parties, and custom.

 

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AMENDMENTS TO THE CONSTITUTION 

The Constitution is a flexible document that adapts to the changing needs of American society. Since the Bill of Rights was adopted, the Constitution has been amended 17 times.

 

The 11th Amendment (1795) prohibits a citizen of one state or a citizen of another country from suing another state in federal court. However, a citizen may file suit in federal court against state authorities for depriving that person of constitutional rights.

 

The 12th Amendment (1804) requires members of the Electoral College to cast two separate ballots: one for president and one for vice president.

• When the Founding Fathers wrote Article II of the Constitution, they planned one election for both president and vice president. Electors each had two votes to cast for two people without specifying the office. The person with the most votes became president and the runner-up became vice president. In the election of 1800, however, Thomas Jefferson tied Aaron Burr. The House of Representatives, after much argument, decided the outcome of the election by casting more ballots for Jefferson.

 

The 13th Amendment (1865) abolished slavery in the United States and in territories under its jurisdiction.

 

The 14th Amendment (1868) declares that “all persons born or naturalized in the United States” and under its authority are citizens of the United States and in the state in which they live. The intention of this amendment, known as the civil rights amendment, was to give citizenship to former slaves. The amendment also forbids states to pass and enforce laws depriving people of their privileges as citizens. It prohibits states from denying people equal protection of their laws or from depriving a person of life, liberty, or property without “due process of law.”

 

The 15th Amendment (1870) prohibits the U.S. government and the states from denying any citizen the right to vote on account of race, color, or having been a slave. The amendment also asserts that states must extend to the citizens within their jurisdiction all the protections guaranteed in the Bill of Rights.

 

The 16th Amendment (1913) grants Congress the right to levy an income tax without

regard to each state’s population.

 

The 17th Amendment (1913) gives the people of the states the power to elect their

senators. This amendment repealed those parts of Article I relating to the election of

U.S. senators by state legislatures.

 

The 18th Amendment (1919), known as the prohibition amendment, prohibits the manufacture, sale, and transportation of alcoholic beverages in the United States.

 

The 19th Amendment (1920), also known as the Susan B. Anthony amendment, prohibits the U.S. government and the states from denying any woman the right to vote. “It was we, the people; not we, the white male citizens; nor yet we, the male citizens; but we, the whole people, who formed this Union.” —From Susan B. Anthony’s speech defending a woman’s right to vote, 1873

 

The 20th Amendment (1933), often called the lame duck amendment,

changes the dates that newly elected presidents and members of

Congress take office, moving the inaugurations closer to the date of

the elections (January 20 for the president, January 3 for Congress).

 

The 21st Amendment (1933) repealed the 18th Amendment

(prohibition amendment) in its entirety.

 

The 22nd Amendment (1951) limits a president’s term of office to

two terms. It also limits the term of office of a president who has served

more than two years of another’s term to one elected term.

 

The 23rd Amendment (1961) grants residents of the District of Columbia the right to vote in presidential elections.

 

The 24th Amendment (1964) prohibits the U.S. government and states from denying citizens the right to vote in federal elections for “failure to pay any poll tax or other tax.”

 

The 25th Amendment (1967) establishes the order of succession to the presidency if the president or vice president leaves the office. It also provides for the vice president to succeed to the presidency if the president becomes disabled, and it details how presidential disability is determined.

• The 25th Amendment was put to the test in 1973. Vice President Spiro T. Agnew resigned after pleading no contest to charges of tax fraud. So President Richard M. Nixon appointed Gerald R. Ford, a congressman from Michigan, to replace Agnew. Then, just 10 months later, Nixon resigned because of his role in the Watergate scandal. Vice President Ford became president and appointed Nelson A. Rockefeller, former governor of New York, to the vice presidency.

 

The 26th Amendment (1971) grants the right to vote to citizens 18 years of age and older.

 

The 27th Amendment (1992) bans midterm congressional pay raises.

 

The Constitution expands with each amendment, as if it is breathing and growing with the people. This great document has guided the United States through wars, racial strife, bigotry and intolerance, and the unforeseen challenges of a diverse and modern society. Ongoing, unresolved, and new issues continue to shape the Constitution. Proposed amendments to balance the budget, prohibit abortions, permit prayer in public schools, set term limits for members of Congress, prohibit flag burning, and eliminate the Electoral College will live or die according to the wishes of the people. Supreme Court Justice William J. Brennan Jr. (1956–90) said: “The genius of the Constitution rests not in any static meaning it may have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and present needs.”

 

“Don’t interfere with anything in the Constitution. That must be maintained; for it is the only safeguard of our liberties.” —Abraham Lincoln