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Constitution of the United States

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Constitution of the United States
Supreme law of the United States of America

Completed on September 17, 1787, and later ratified by special conventions in each of the original thirteen American states, the Constitution for the United States represents the supreme law of the United States of America and is the oldest comprehensive written national constitution still in force. 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.

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 USA has 50 states, so this means that the 13 smallest states (representing 4% of the national population) could block an amendment voted for by the remaining 37 states (representing 96% of the national population). While such an extreme outcome is unlikely, it is nevertheless constitutionally possible.

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

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.

Main article: History of the United States Constitution

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:

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 readmission into the Union, federal supremacy was reaffirmed and slavery abolished.

"... 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 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 threat from hostile American Indian tribes. 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 England 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."

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 Principles of Government

Although the Constitution has changed in many aspects 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 democratic in form, with final authority resting with the people.

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, refer to conviction on such charges. As set forth in the Constitution, the House of Representatives must bring charges of misconduct by voting a bill of impeachment. The accused official is then tried in the Senate, with the chief justice of the Supreme Court presiding at the trial.

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 16 federal officials: two presidents, one cabinet member, one senator, one justice of the Supreme Court, and eleven federal judges. Of those impeached, the Senate has convicted seven, 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 a bill of impeachment.

As recently as 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 the president 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 majority of 67 votes on either charge.

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 a minority could not block action desired by most 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 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 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 4% of the population theoretically able to block an amendment (though it's unlikely that such an extreme result would come about). However, any proposals to change this would necessarily involve an amendment 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 substantive change in 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 27 times since 1789, 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.

The Bill of Rights

File:United States Bill of Rights.png
United States Bill of Rights

Congress approved these amendments as a block in September 1789, and 11 states had ratified them by the end of 1791.

These amendments 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.

Main article: United States Bill of Rights

Subsequent Amendments

Amendments to the Constitution subsequent to the Bill of Rights have covered a wide range of subjects. The majority of the 27 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 constituion. 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 fact that so many proposed amendments fail without apparent detriment to the country testifies to the fact that the country need not modify its underlying structure of government just to accommodate the fires of the moment.

The Eighteenth Amendment is the only amendment to be directly and specifically "un-done" by another. Having to repeal an amendment was quite embarassing, and the episode highlighted the importance of only ratifying the most important and timeless of amendments.

Six proposed amendments have been passed by the Congress but failed to become ratified by three-quarters of the states. Starting with the 18th amendment, each proposed amendment has included text specifying that it shall not become an amendment if sufficient states do not ratify it within seven years. These failed amendments:

  • The so-called Unratified Amendment Twelve defined a formula for how many congressmen there would be. Ratified by ten states, the last in 1791.
  • The so-called missing thirteenth amendment, or "Anti-Title Amendment", proposed in 1810, which would have eliminated the citizenship of any citizen accepting "any title of nobility or honour" from any foreign power. A few people argue this amendment was ratified by enough states, and has been illegally removed from the Constitution. Ratified by twelve states, the last in 1812.
  • A pro-slavery amendment passed by Congress in 1861 which would have prevented the passage of any Constitutional amendment allowing Congress to regulate "the domestic institutions" within any state. (Presumably, however, any such subsequent amendment would have included the repeal of this amendment.)
  • A child labor amendment passed by Congress in 1924 which said, "The Congress shall have power to limit, regulate, and prohibit the labor of persons under eighteen years of age." Expired after seven years. Since this amendment was not ratified, this power remains with the states.
  • The Equal Rights Amendment, or ERA, which in its entirety read "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." Introduced in 1972, ratified by 35 states, and expired in 1982.
  • An amendment passed by Congress in 1978 giving Washington, DC Senators and Representatives as though it were a state. Ratified by 16 states, and expired in 1985.

See also: List of unsuccessful attempts to amend the U.S. Constitution

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