(Redirected from Constitution of the United States)
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 conventions in each state in the name of "the People."
[1][2]
The Constitution has a central place in American law and political culture.
[3] The U.S. Constitution is argued by many to be the oldest written democratic national constitution, however
San Marino's
Statutes of 1600 and the
Constitution of Medina written in 622 by the Islamic prophet
Muhammad are contenders. San Marino's constitution's status as a true constitution is disputed by scholars.
[4] A handwritten, or "engrossed",
copy of the document is on display at the
National Archives in
Washington, D.C.
History
Main articles: History of the United States Constitution
Drafting and ratification requirements
In
September 1786, commissioners from five states met in the
Annapolis Convention to discuss adjustments to the
Articles of Confederation that would improve commerce. They invited state representatives to convene in
Philadelphia to discuss improvements to the federal government. After debate, the
Congress of the Confederation endorsed the plan to revise the Articles of Confederation on
February 21,
1787. Twelve states,
Rhode Island being the only exception, accepted this invitation and sent delegates to convene in May 1787. The resolution calling the Convention specified its purpose was to propose amendments to the Articles, but the Convention decided to propose a rewritten Constitution. The
Philadelphia Convention voted to keep the deliberations top 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 (for the participating states).
Work of the Philadelphia Convention
The
Virginia Plan was the unofficial agenda for the Convention, it was drafted chiefly by
James Madison. It was weighted toward the interests of the larger states and proposed among other points:
★ A powerful
bicameral legislature with House and Senate
★ An executive (president) chosen by the legislature
★ A judiciary, with life-terms of service and vague powers
★ The national legislature would be able to veto state laws
An alternative proposal,
William Patterson's
New Jersey Plan, gave states equal weights and was supported by the smaller states.
Roger Sherman of Connecticut brokered
The Great Compromise whereby the House would represent population, the Senate would represent states, and a powerful president would be elected by elite electors. Slavery was not explicitly mentioned but 3/5 of the number of slaves would be counted toward the population used to apportion the House, and runaway slaves would have to be returned.
Ratification
| Ratification of the Constitution |
|---|
| | Date | State | Votes | |
|---|---|---|---|---|
| Yes | No |
|---|---|
| 1 | December 7, 1787 | Delaware | 30 | 0 |
| 2 | December 12, 1787 | Pennsylvania | 46 | 23 |
| 3 | December 18, 1787 | New Jersey | 38 | 0 |
| 4 | January 2, 1788 | Georgia | 26 | 0 |
| 5 | January 9, 1788 | Connecticut | 128 | 40 |
| 6 | February 6, 1788 | Massachusetts | 187 | 168 |
| 7 | April 28, 1788 | Maryland | 63 | 11 |
| 8 | May 23, 1788 | South Carolina | 149 | 73 |
| 9 | June 21, 1788 | New Hampshire | 57 | 47 |
| 10 | June 25, 1788 | Virginia | 89 | 79 |
| 11 | July 26, 1788 | New York | 30 | 27 |
| 12 | November 21, 1789 | North Carolina | 194 | 77 |
| 13 | May 29, 1790 | Rhode Island | 34 | 32 |
Contrary to the process for "alteration" spelled out in Article 13 of the
Articles of Confederation, Congress submitted the proposal to the states and set the terms for representation.
On
September 17,
1787, the Constitution was completed in Philadelphia at the Federal Convention, followed by a speech given by
Benjamin Franklin who urged unanimity, although they decided they only needed nine states to ratify the
constitution for it to go into effect. The Convention submitted the Constitution to the
Congress of the Confederation, where it received approval according to Article 13 of the Articles of Confederation, but the resolution of the Congress submitting the Constitution to the states for ratification and agreeing with its provision for implementation upon ratification by nine states is contrary to Article 13, though eventually all thirteen states did ratify the Constitution, albeit after it took effect.
After fierce fights over
ratification in many of the states,
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.
Historical influences
Several of the ideas in the Constitution were new, and a large number of ideas were drawn from the literature of
Republicanism in the United States, from the experiences of the 13 states, and from the British experience with
mixed government. The most important influence from the European continent was from
Montesquieu, who emphasized the need to have balanced forces pushing against each other to prevent tyranny. (This in itself reflects the influence of
Polybius' second century BC treatise on the checks and balances of the constitution of the Roman Republic.)
John Locke is known to have been a major influence, and the
due process clause of the United States Constitution was partly based on
common law stretching back to the
Magna Carta of 1215.
Influences on the Bill of Rights
The
United States Bill of Rights were the ten amendments added to the Constitution in 1791, as the supporters had promised opponents during the debates of 1788. The English
Bill of Rights (1689) was an inspiration for the American Bill of Rights. For example, both require jury trials, contain a
right to bear arms, and prohibit excessive bail as well as "
cruel and unusual punishments". Many liberties protected by state constitutions and the
Virginia Declaration of Rights were incorporated into the United States Bill of Rights.
Articles of the Constitution
The Constitution consists of a preamble, seven original articles,
twenty-seven amendments, and a paragraph certifying its enactment by the constitutional convention.
: Statement of purpose
Main articles: Preamble to the United States Constitution
The Preamble states:
The Preamble neither grants any powers nor inhibits any actions; it only explains the rationale behind the Constitution. The preamble is a basic statement of purpose that precedes the constitution. The Preamble, especially the first three words ("We the people"), is one of the most quoted and referenced sections of the Constitution. Indeed, they are the three most important words in the Constitution as they denote the Constitution did not come from a king or an emperor, but from ''the people'' themselves.
The language "We, the People of the United States", is of singular importance in that it provides that the power and authority of the federal government of the United States of America does not come from the several states, or even the people of the several states, but from an entity identified as the People of the United States of America, with the Constitution serving as a compact or contract between the People of the United State of America, the several States, and a newly created entity: the federal government of United States of America. What is important about this language is the clarity with which it attributes the authority of the federal government not to the assent of the states, but to that of the people. This would become a greater issue of contention during the
Nullification Crisis (testing the ability of a sovereign state to nullify a federal law based upon the premise that the federal government drew its power from the several states and thus a sovereign state was free to ignore a federal law inconsistent with its own) and during the
Civil War (testing the ability of a sovereign state, through its people, to secede from the Union or withdraw from the compact). This, of course, made more sense when the federal government of the United States was still one of limited enumerated powers as the Founders intended (sovereign in the enumerated areas and powerless in the others), and when both the People and the several States were represented in federal legislature (the People in the House of Representatives and the several States in the Senate before the
17th Amendment, when the state legislatures still elected a state's Senators). This language thus represented the Founders' desire for outside 'checks and balances' or divided sovereignty (the People of the United States vs. the Federal Government of the United State of America vs. the Several States) as well as inside 'checks and balances' or divided sovereignty (the legislature vs. the executive vs. the judiciary).
: Legislative power
Main articles: Article One of the United States Constitution
'Article 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. There is a debate as to whether the 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 1819
McCulloch v. Maryland United States Supreme Court ruling. Finally, it establishes limits on federal and state legislative power.
: Executive power
Main articles: Article Two of the United States Constitution
'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, although whether this succession was on an acting or permanent basis was left unclear. In practice, this has always been treated as succession, and the
25th Amendment provides explicitly for succession. Article Two also provides for the
impeachment and removal from office of civil officers (the President, Vice President, judges, and others).
: Judicial power
Main articles: Article Three of the United States Constitution
'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.
: States' powers and limits
Main articles: Article Four of the United States Constitution
'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.
: Process of Amendments
Main articles: Article Five of the United States Constitution
'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 2007, 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.
: Federal power
Main articles: Article Six of the United States Constitution
'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 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.
Article Six also states that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States".
: Ratification
Main articles: Article Seven of the United States Constitution
'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 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.
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,'' 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.
Amendments
Main articles: List of amendments to the United States Constitution
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:
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 the Congress
establishment of religion over another religion through Law and protecting the right to
free exercise of religion),
freedom of speech,
freedom of the press, the
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.
[1]
★
Fourth Amendment: guards against searches, arrests, and seizures of
property without a specific warrant or a "probable cause" to believe a crime has been committed. Some rights to privacy have been inferred from this amendment and others by the
Supreme Court.
★
Fifth Amendment: forbids
trial for a major
crime except after
indictment by a
grand jury; prohibits
double jeopardy (repeated trials), except in certain very limited circumstances; forbids punishment without
due process of law; and provides that an accused person may not be compelled to testify against himself (this is also known as "
Taking the fifth" or "Pleading the fifth"). This is regarded as the "rights of the accused" amendment. 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 (of peers), 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 involving anything valued at more than 20
United States dollars at the time, which is currently worth $300, when accounting for
inflation.
★
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 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): Prohibits 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) ''Repealed by the Twenty-First Amendment.'' ()
★
Nineteenth Amendment (1920): Gives women the right to vote. ()
★
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. ()
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.
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.
[2] 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.
Original pages of the Constitution
See also
General
★
List of signatories of the United States Constitution
★
List of sources of law in the United States
★
Congressional power of enforcement
★
Constitution Day (United States)
★
Constitutional interpretation
★
Federalist Papers
★
Founding Fathers of the United States
★
History of democracy
★
Original Intent
★
National Constitution Center
Related documents
★
Mayflower Compact (1620)
★
Fundamental Orders of Connecticut (1639)
★
Massachusetts Body of Liberties (1641)
★
English Bill of Rights (1689)
★
Articles of Confederation (1777)
Notes
1. http://www.constitution.org/cons/constitu.htm
2. http://www.loc.gov/rr/program/bib/ourdocs/Constitution.html
3. Casey (1974)
4. http://en.wikipedia.org/wiki/Talk:United_States_Constitution Under "San Marino? not"
References
Primary sources
★ Bailyn, Bernard, ed. ''The Debate on the Constitution: Federalist and Antifederalist Speeches, Articles, and Letters During the Struggle for Ratification''. Part One: September 1787 to February 1788 (
The Library of America, 1993) ISBN 0-940450-42-9
★ Bailyn, Bernard, ed. ''The Debate on the Constitution: Federalist and Antifederalist Speeches, Articles, and Letters During the Struggle for Ratification''. Part Two: January to August 1788 (
The Library of America, 1993) ISBN 0-940450-64-X
★ Garvey, John H. ed. ''Modern Constitutional Theory: A Reader'' 5th ed 2004; 820pp.
★ Mason, Alpheus Thomas and Donald Grier Stephenson, ed. ''American Constitutional Law: Introductory Essays and Selected Cases'' (14th Edition) (2004)
★ Tribe, Laurence H. ''American Constitutional Law'' (1999)
Reference Books
★ Hall, Kermit, ed. ''The Oxford Companion to the Supreme Court of the United States.'' Oxford U. Press, 1992. 1032 pp.
★ Levy, Leonard W. et al., ed. ''Encyclopedia of the American Constitution.'' 5 vol; 1992; 3000 pp
★
US Law Dictionary
Secondary sources
★
America's Constitution: A Biography, , Akhil Reed, Amar, Random House, 2005, ISBN 1-4000-6262-4
★ Anastaplo, George, "Reflections on Constitutional Law" 2006 ISBN 0-8131-9156-4
★ Beard, Charles.
''An Economic Interpretation of the Constitution of the United States'', 1913.
★ Richard R. Beeman, Stephen Botein, and Edward C., Carter, II, eds., ''Beyond Confederation: Origins of the Constitution and American National Identity'' (University of North Carolina Press, 1987);
★ Gregory Casey. "The Supreme Court and Myth: An Empirical Investigation," ''Law & Society Review,'' Vol. 8, No. 3 (Spring, 1974), pp. 385–420
online in JSTOR
★ Countryman, Edward, ed. ''What Did the Constitution Mean to Early Americans.''Bedford/St. Martin's, 1999. xii + 169 pp.
online review ISBN 0-312-18262-7.
★
A Revolution in Favor of Government: Origins of the U.S. Constitution and the Making of the American State, , Max M., Edling, Oxford University Press, 2003, ISBN 0-19-514870-3
★ Ely, James W., Jr. ''The Guardian of Every Other Right: A Constitutional History of Property Rights.'' Oxford U. Press, 1992. 193 pp.
★
The Dynamic Constitution: An Introduction to American Constitutional Law, , Richard H., Fallon, Cambridge University Press, 2004, ISBN 0-521-84094-5
★ Finkelman, Paul ''Slavery and the Founders: Race and Slavery in the Age of Jefferson'' (M.E. Sharpe, 1996);
★ Hoffer, Peter Charles. ''The Law's Conscience: Equitable Constitutionalism in America'' U. of North Carolina Press, 1990. 301 pp.
★ Irons, Peter. ''A People's History of the Supreme Court.'' 2000. 542 pp.
★
A Machine that Would Go of Itself: The Constitution in American Culture, , Michael, Kammen, Alfred A. Knopf, 1986, ISBN 0-394-52905-7
★
The American Constitution: its origins and development, Kelly, Alfred Hinsey; Harbison, Winfred Audif; Belz, Herman, , , Norton & Co, 1991, ISBN 0-393-96119-2
★ Kersch, Ken I. ''Constructing Civil Liberties: Discontinuities in the Development of American Constitutional Law.'' Cambridge U. Press, 2004. 392 pp.
★ Kyvig, David E. ''Explicit and Authentic Acts: Amending the U.S. Constitution, 1776–1995.'' U. Press of Kansas, 1996. 604 pp.
★ Levin, Daniel Lessard. ''Representing Popular Sovereignty: The Constitution in American Political Culture.'' State U. of New York Press., 1999. 283 pp.
★ Licht, Robert A., ed. ''The Framers and Fundamental Rights.'' American Enterprise Inst. Press, 1991. 194 pp.
★ Marshall, Thurgood, "The Constitution: A Living Document," ''Howard Law Journal'' 1987: 623-28.
★ Powell, H. Jefferson. ''A Community Built on Words: The Constitution in History and Politics.'' U. of Chicago Press, 2002. 251 pp.
★ Rakove, Jack N. ''Original Meanings: Politics and Ideas in the Making of the Constitution.'' Knopf, 1996. 455 pp.
★ Sandoz, Ellis. ''A Government of Laws: Political Theory, Religion, and the American Founding.'' Louisiana State U. Press, 1990. 259 pp.
★ Sheldon, Charles H. ''Essentials of Constitutional Law: The Supreme Court and the Fundamental Law'' (2001) 208 pp
★ VanBurkleo, Sandra F.; Hall, Kermit L.; and Kaczorowski, Robert J., eds. ''Constitutionalism and American Culture: Writing the New Constitutional History.'' U. Press of Kansas, 2002. 464 pp.
★
The Creation of a Constitutional Culture, , Jason, Mazzone, Tulsa Law Review, 2005
★
Civil Liberties & Civil Rights Debated, Smith, Jean Edward; Levine, Herbert M., , , Prentice Hall, 1988,
★
The Constitution and American Foreign Policy, , Jean Edward, Smith, West Publishing Company, 1989,
★ Black, G. Edward. ''The Constitution and the New Deal.''Harvard U. Press, 2000. 385 pp.
★ Wiecek, William M., "The Witch at the Christening: Slavery and the Constitution's Origins," Leonard W. Levy and Dennis J. Mahoney, eds., ''The Framing and Ratification of the Constitution'' (Macmillan, 1987), 178-84.
Further reading
★
President Who? Forgotten Founders, , Stanley L., Klos, Evisum, Inc., 2004, ISBN 0-9752627-5-0
External links
National Archives
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The National Archives Experience — Constitution of the United States
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The National Archives Experience — High Resolution Downloads of the Charters of Freedom
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Full text of U.S. Constitution
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Full text of The Bill of Rights
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Full text of the amendments
Official U.S. government sources
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Analysis and Interpretation of the Constitution of the United States: Annotated constitution, with descriptions of important cases (official publication of U.S. Senate)
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United States Constitution and related resources: Library of Congress
Non-government web sites
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Annotated Constitution by the
Congressional Research Service of the U.S.
Library of Congress (hyperlinked version published by
LII)