United States Constitution |
The Constitution of the United States represents the supreme law of the
United States of America and is the oldest
comprehensive written national constitution on Earth still in force.
Completed on September 17, 1787, and
later ratified by special conventions in each of the original thirteen American states, it has served as a model for a number of
other nations' constitutions. It created a more unified government in place of
what was then a group of independent states operating under the Articles of Confederation.
The original copy of the Constitution can be seen on display today at the National Archives
in Washington, DC. The full text of the constitution can be found
at wikisource: Full text of the
Constitution )
History
Main article: History of the United States Constitution
The path to the Constitution was neither straight nor easy. A draft document emerged in 1787, but only after intense debate
and six years of experience with an earlier federal union. The Articles of Confederation devised a loose association among the
states and set up a federal government with very limited powers. There were a
number of problems with this arrangement and the new document, the Constitution, was completed September 17, 1787, and was officially adopted March 4, 1789.
Signatures
Signatures to ratify the United States Constitution at the Convention was done by the unanimous consent of the State delegates
present, the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and eighty seven and of the
Independence of the United States of America the Twelfth. In Witness, they subscribed their names:
- Connecticut
- Delaware
- Georgia
- Maryland
- Massachusetts
- New Hampshire
- New Jersey
|
- New York
- North Carolina
- Pennsylvania
- South Carolina
- Rhode Island
- did not send any delegates to the Constitutional Convention.
- Virginia
|
The Constitution
The U.S. Constitution calls itself the "supreme law of the land." Courts have interpreted this clause to mean that when laws
(including state constitutions) that have been passed by state legislatures, or by the (national) Congress, are found to conflict
with the federal Constitution, these laws have no force. Decisions handed down by the Supreme Court over the course of two
centuries have confirmed and strengthened this doctrine of constitutional supremacy.
Final authority is vested in the American people, who can change the fundamental law, if they wish, by amending the
Constitution or, in theory at least, by drafting a new one. The people do not exercise their authority directly, however. They
delegate the day-to-day business of government to public officials, both elected and appointed.
The power of public officials is limited under the Constitution. Their public actions must conform to the Constitution and to
the laws made in accordance with the Constitution. Elected officials can only continue in office if they stand for re-election at
periodic intervals (when their records are subject to intensive public scrutiny), and are re-elected. Appointed officials serve
at the pleasure of the person or authority who appointed them, and may be removed at any time. The exception to this practice is
the lifetime appointment by the President of justices of the Supreme Court and other federal judges, so that they may be free of
political obligations or influence.
Preamble
The preamble consists of a single sentence that introduces the document and its
purpose:
- We the people of the United States, in order to form a more perfect union, establish justice, ensure 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 problem of building a "more perfect Union" was the obvious issue facing the 13 states in 1787. It was quite clear that
almost any union would be more nearly perfect than that which existed under the Articles of Confederation. But devising another
structure to replace it involved critical choices.
- "... To Form a More Perfect Union"
All the states were covetous of the sovereign power they had exercised since the break with Great Britain eleven years
earlier. Balancing states' rights with the needs of a central government was no easy task. The makers of the Constitution
accomplished this by letting the states keep all the powers necessary to regulate the daily lives of their citizens, provided that these powers did not conflict with the needs and welfare of the
nation as a whole. This division of authority, which is termed federalism, is
essentially the same today. The power of each state over local affairs in matters such as education, public health, business organization, work conditions, marriage and divorce, local taxation, and ordinary police powers is so
fully recognized and accepted that two neighboring states frequently have widely differing laws on the same subject.
Ingenious though the constitutional arrangement was, the controversy over states' rights continued to fester until
three-quarters of a century later. In 1861, a four-year war broke out between the states of the North and those of the South. The
war was known as the Civil War, or the War Between the States, and the underlying
issue was the right of the federal government to regulate slavery in the newer states
of the Union. Northerners insisted that the
federal government had such a right, while southerners held that slavery was a matter for each state to decide on its own. When a
group of southern states seceded from the Union, war broke out and was fought on the principle of the preservation
of the republic. With the defeat of the southern states and their subsequent readmission into the Union, federal supremacy was
reaffirmed and slavery was abolished completely.
- "... To Establish Justice"
The essence of American democracy is contained in the Declaration of
Independence, with its ringing phrase, "All men
are created equal," and the follow-up statements "that they are endowed by their creator with certain unalienable rights,
that among these are life, liberty, and the
pursuit of happiness." The Declaration of
Independence also states that
- "...these United Colonies are, and of Right ought to be Free and Independent States;... and that as Free and Independent
States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and
Things which Independent States may of right do."
The Constitution makes no distinction as to the wealth or status of persons; all are
equal before the law, and all are equally subject to judgment and punishment when they violate the law. The same
holds true for civil disputes involving property, legal agreements, and business arrangements. Open access to the courts is one
of the vital guarantees written into the Bill of Rights.
- "... To Insure Domestic Tranquility"
The stormy birth of the United States and the unsettled conditions along the American western frontier convinced Americans of
the need for internal stability to permit the new nation to grow and prosper. The federal government created by the Constitution
had to be strong enough to protect the states against invasion from the outside and from strife and violence at home. No part of
the continental United States has been invaded by
a foreign nation since 1815. The state governments have generally been strong enough to
maintain order within their own borders. But behind them stands the power of the federal government, which is constitutionally
empowered to take the necessary steps to preserve the peace.
- "... To Provide for the Common Defense"
Even with its independence secured, the new nation faced very real dangers on many sides in the late 18th century. On the
western frontier, settlers faced a constant perceived threat from Native Americans. To the north, the British still owned Canada, whose eastern provinces were jammed with vengeful American Tories, who had remained
loyal to the British Crown during the Revolutionary War. The
French owned the vast Louisiana Territory in the continental
midwest. To the south, the Spanish held Florida, Texas, and Mexico. All
three European powers had colonies in the Caribbean Sea, within striking
distance of the American coast. Moreover, the nations of Europe were embroiled in a
series of wars that spilled over into the New World.
In the early years, the constitutional objective of providing a "common defense" focused on opening up the territory
immediately beyond the Appalachian Mountains and negotiating a peace with the Native American tribes who inhabited the area.
Within a short time, however, the outbreak of war with the United Kingdom in 1812,
skirmishes with the Spanish in Florida, and war with Mexico in 1846 underscored the importance of military strength.
As America's economic and political power increased, its defensive strength grew. The Constitution divides the defense
responsibility between the legislative and executive branches: Congress alone has
the power to declare war and to appropriate funds for defense, while the president is commander-in-chief of the armed forces and
bears primary responsibility for the defense of the country.
- "... To Promote the General Welfare"
At the end of the Revolution, the United States was in a
difficult economic position. Its resources were drained, its credit shaky, and its paper money was all but worthless. Commerce
and industry had come to a virtual halt, and the states and the government of the confederation were deeply in debt. While the people were not in imminent danger of starving, the prospects for economic
development were slim indeed.
One of the first tasks the new national government faced was to put the economy on a sound footing. The first article of the
Constitution provided that: "The Congress shall have power to lay and collect taxes ... to pay the debts and provide for the ...
general welfare of the United States." This clause was added because under the Articles of Confederation, the national government
could only "bill" the states for their share of the national budget, and then hope that the states paid - there was no provision
for forcing payment, and several states refused to do so.
The tax power enabled the government to finance its war debts and to put the currency on a firmer basis. A secretary of the treasury was appointed to look after the fiscal affairs of the
nation, and a secretary of state to
handle relations with other nations. Also appointed were a secretary of war to be responsible for the nation's military security, and an attorney general to act as the chief law
officer of the federal government. Later, as the country expanded and the economy became more complex, the well-being of the
people necessitated the creation of additional executive departments.
- "... To Secure the Blessings of Liberty to Ourselves and Our Posterity"
The emphasis on personal liberty was one of the salient features of the new
American republic. Coming, as many of them had, from a background of political or religious suppression, Americans were
determined to preserve freedom in the New World. The framers of the Constitution, in giving authority to the federal government,
were careful to protect the rights of all persons by limiting the powers of both the national and state governments. As a result,
Americans are free to move from place to place; make their own decisions about jobs, religion, and political beliefs; and go to the
courts for justice and protection when they feel these rights are being infringed
upon.
The real genius of the new constitution was that it was written to be a framework for the new government, and not a rule book.
In this way, it has been able to endure where many other constitutions have failed. By adapting to different political
philosophies of the various Presidents and Congresses over time, the Constitution has ensured that the Framers' "posterity,"
their succeeding generations, have benefitted from their work.
The principles of government
Although the Constitution has changed in many respects since it was first adopted, its basic principles remain the same now as
in 1789:
The three main branches of government—executive, legislative, and judicial—are
separate and distinct from one another. The powers given to
each are delicately balanced by the powers of the other two. Each branch serves as a check on potential excesses of the others.
The Constitution, together with laws passed according to its provisions and treaties
entered into by the president and approved by the Senate, stands above all other laws,
executive acts, and regulations. The courts interpret the laws, and, if it finds them to be unconstitutional, they are
overturned.
All persons are equal before the law and are equally entitled to its protection. All states are equal, and none can receive
special treatment from the federal government. Within the limits of the Constitution, each state must recognize and respect the
laws of the others. State governments, like the federal government, must be republican in form, with final authority resting with the people. (See classic definition of republic.)
The people have the right to change their form of national government by legal means defined in the Constitution itself.
Articles of the Constitution
The remainder of the constitution consists of seven articles:
The full text of the original constitution is available online [8]
Impeachment
Most commonly, the American people express their will through the ballot box. The Constitution, however, does make provision
for the removal of a public official from office, in cases of extreme misconduct or malfeasance, by the process of impeachment.
Article II, Section 4 reads: "The President, Vice President, and all civil officers of the United States, shall be removed from
office on impeachment for, and conviction of, treason, bribery, or other high crimes and
misdemeanors."
Impeachment is a charge of misconduct brought against a government
official by a legislative body; it does not--as is commonly thought--include subsequent conviction on such charges. As set forth
in the Constitution, the House of Representatives must bring charges of misconduct by voting articles of
impeachment. The accused official is then tried in the Senate, with the Chief Justice of the United States presiding when the President is impeached.
Impeachment is considered a drastic measure, one that has been used on only rare occasions in the United States. Since 1797,
the House of Representatives has voted articles of impeachment against 15 federal officials: two presidents, one cabinet member, one justice of the Supreme Court, and eleven
federal judges. Of those impeached, the Senate has convicted only seven--less than
half--and all of them judges.
In 1868, President Andrew
Johnson was impeached over issues relating to the proper treatment of the defeated Confederate states following the American
Civil War. The Senate, however, fell one vote short of the two-thirds majority necessary for conviction, and Johnson completed
his full term in office.
In 1974, as a result of the Watergate
affair, President Richard Nixon resigned from office after the Judiciary
Committee of the House recommended impeachment, but before the full House of Representatives could vote on articles of
impeachment.
In 1998, President Bill Clinton
was impeached by the House of Representatives on charges of perjury and obstruction of justice. After a trial, the Senate acquitted
Clinton on both charges, voting not guilty on perjury by a margin of 55-45 and dividing evenly at 50-50 on obstruction of
justice. To remove the president from office would have required a guilty verdict by
a super-majority of 67 votes on either charge in the 100-member Senate.
Provisions for Amendment
The authors of the Constitution were keenly aware that changes would be needed from time to time if the Constitution was to
endure and keep pace with the growth of the nation. They were also conscious that the process of change should not be easy,
permitting ill-conceived and hastily passed amendments. By the same token, they wanted to ensure that an overly-rigid requirement of unanimity
could not block action desired by the vast majority of the people. Their solution was to devise a dual process by which the
Constitution could be revised.
The Congress, by a two-thirds vote (of a quorum) in each house, may initiate an amendment. Alternatively, the legislatures of
two-thirds of the states may ask Congress to call a national convention to discuss and draft amendments. In either case,
amendments must have the approval of the legislatures of three-fourths of the states before they enter into force. 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 (though it's unlikely that such an extreme
result would come about). However, any proposals to change this would necessarily involve amending the Constitution themselves,
creating something of a Catch-22.
Aside from the direct process of changing the Constitution, the effect of its provisions may be changed by judicial
interpretation. Early in the history of the republic, 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 interpret acts of Congress and 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 changing legal, political, economic, and social conditions. 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 had the effect of bringing up to date the thrust of constitutional law, with no change in the actual text of the Constitution
itself.
Congressional legislation, passed to implement provisions of the basic law or to adapt it to changing conditions, also
broadens and, in subtle ways, changes the meaning of the Constitution. Up to a point, the rules and regulations of the many
agencies of the federal government may have a similar effect. The acid test in both cases is whether, in the opinion of the
courts, such legislation and rules conform with the intent of the Constitution.
Amendments
The Constitution has been amended on only eighteen occasions since 1789, with the first
ten of twenty-seven amendments being ratified by the states simultaneously. And it is likely to be further revised in the future.
The most sweeping changes occurred within two years of its adoption. In that period, the first ten amendments, known collectively
as the "Bill of Rights," were added.
Many scholars have noted the relatively small number of amendments to the Constitution. Some of them attribute this to the simplicity of the Constitution
and its flexibility, as it is continually reinterpreted by the courts. Others, however, believe that demographic shifts have given too much power to smaller states, thereby stifling what they contend is
needed reform. Currently, one-quarter of the states can block an amendment. The United States has 50 states, so this means that
the 13 smallest states (representing as little as 4% of the national population) could block an amendment desired by the
remaining 37 states (representing as much as 96% of the national population). While such an extreme outcome is unlikely, it is
nevertheless constitutionally possible.
The Bill of Rights
Main article: United States Bill of
Rights
United States Bill of Rights
Congress approved these amendments as a block of twelve in September 1789, and the
legislatures of enough states had ratified ten of those twelve by December 1791 to become
part of the nation's highest legal document. An eleventh proposal, relative to 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. A twelfth proposal--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 twelfth proposal is Kentucky in 1792 during that commonwealth's first
month of statehood.
As for the ten known as the Bill of Rights, they remain as they were written two centuries ago. The first guarantees freedom
of worship, speech, and press; the right of peaceful assembly; and the right to petition the government to correct
wrongs. The second guarantees the right of citizens to bear arms. The third
provides that troops may not be quartered, or garrisoned, in private homes without the owner's consent. The fourth
guards against unreasonable searches, arrests, and seizures of property.
The next four amendments deal with the system of justice. The fifth amendment
forbids trial for a major crime except after indictment by a grand jury. It prohibits repeated trials for the same offense,
forbids punishment without due process of law, and provides that an accused person may not be compelled to testify against
himself. The sixth guarantees a speedy public trial for criminal offenses. It requires trial by an unbiased jury, guarantees the
right to legal counsel for the accused, and provides that witnesses shall be compelled to attend the trial and testify in the
presence of the accused. The seventh assures trial by jury in civil cases involving anything valued at more than 20 U.S. dollars. The eighth forbids excessive bail or fines, and cruel or unusual punishment.
The last two of the ten amendments contain very broad statements of constitutional authority. The ninth declares that the
listing of individual rights is not meant to be comprehensive; that the people have other rights not specifically mentioned in
the Constitution. The tenth provides that powers not delegated by the Constitution to the federal government nor prohibited by it
to the states are reserved to the states or the people.
The Bill of Rights and subsequent amendments have placed fundamental human rights at the center of the U.S. legal system.
Subsequent Amendments
Amendments to the Constitution subsequent to the Bill of Rights have covered a wide range of subjects. The majority of the
seventeen later amendments stem from continued efforts to expand individual civil or political liberties, while only a few are
concerned with amplifying the basic governmental structure drafted in Philadelphia in 1787.
There also have been many failed attempts to amend the constitution. There are some that are still ongoing today. See proposed amendments to the United States constitution
Failed Amendments
Many (sometimes scores) of amendments are proposed in Congress every year. Most of these proposals never get out of committee,
much less get passed by the Congress as required.
The Eighteenth Amendment is the only amendment to be directly and specifically "un-done" by another. Having to repeal an
amendment was quite embarrassing, and the episode highlighted the importance of only proposing and ratifying the most important
and timeless of amendments.
Of the thirty-three amendments that have been proposed by Congress, six have failed to be ratified by the legislatures of
three-quarters of the states--and four of those six are still technically pending before state lawmakers. Starting with the 18th
amendment, each proposed amendment (except for the 19th Amendment and for the still-pending child labor amendment of 1924) has
included text specifying that it shall not become part of the Constitution unless a sufficient number of states ratify it within
a specific deadline. The following are the failed amendments:
- The Unratified Amendment Twelve 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 1792, this amendment
contains no expiration date for ratification.
- The so-called missing thirteenth
amendment, or "Title of Nobility Amendment" (TONA), proposed by the 11th Congress on May 1, 1810, which would have eliminated the citizenship of any American accepting "any title of nobility or honour" from any
foreign power. A few people maintain that this amendment was actually ratified by the legislatures of enough states, and has been
illegally removed from the Constitution. Known to have been ratified by lawmakers in at least twelve states, the last in 1812,
this amendment contains no expiration date for ratification.
- A pro-slavery proposal, known as the Corwin amendment, proposed
by the 36th Congress on March 2, 1861 which would
purportedly have prevented the passage of any future constitutional amendment allowing Congress to regulate "the domestic
institutions" within any state. It was validly ratified by only Ohio and Maryland lawmakers before the outbreak of the Civil War rendered it moot. Illinois lawmakers--sitting as a
constitutional convention at the time--likewise approved it, but that action is of questionable validity. The proposed amendment
contains no expiration date for ratification. (Presumably, however, any such subsequent amendment on this subject would likely
include the withdrawal of this still-pending proposal.)
- 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." Since this
amendment was not ratified, this power theoretically remains with the states: however, 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.
- 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 on one's point of view of a controversial ratification deadline three-year
extension by the 95th Congress in 1978. Of the 35 states ratifying it, five later rescinded their
ratifications well prior to 1979.
- An amendment proposed by the 95th Congress on August 22, 1978 giving
Washington, DC two Senators and at least one Representative as though
it were a state. Ratified by the legislatures of 16 states--less than half of the required 38--it expired on August 22, 1985.
See also: List of unsuccessful attempts to amend the U.S.
Constitution
Related topics
- General: Constitution, Equal Rights Amendment, Congressional power of enforcement, Founding Fathers of the United
States, Martin vs. Hunter's Lessee
- Related Authors: Terry Jordan, Charles Kesler, Thomas Paine, James
Madison, John Jay, Alexander Hamilton, John Marshall, Richard Hofstadter
- full text of constitution at wikisource: Full text of the Constitution
)
References
- Blaustein, Albert P. "The United States Constitution: A Model in Nation-Building." National Forum 54 (1984): 14-17,
38.
- Burroughs, Wynell G., and Jean West Mueller. Using Documents to Teach the Constitution. ED 273 547.
- Hearst Report. The American Public's Knowledge of the U.S. Constitution: A National Survey of Public Awareness and
Personal Opinion. New York: The Hearst Corporation, 1987. ED 289 812.
- Kammen, Michael. A Machine that Would Go of Itself: The Constitution in American Culture. New York: Alfred A. Knopf,
1986.
External links
|