Eleanor Finch
The United States Constitution, drafted in 1787, is the supreme law of the land and the source of all government powers. It is considered a primary source, and all amendments to it are also considered primary sources. The US Constitution has been amended 27 times, with the first 10 amendments, known as the Bill of Rights, being ratified in 1791. These amendments are considered primary sources as they are government-issued documents that contain fundamental laws. The Library of Congress provides access to digital materials, external links, and bibliographies related to the creation of these amendments.
| Characteristics | Values |
|---|---|
| Number of times the US Constitution has been amended | 27 |
| First 10 amendments | Called the "Bill of Rights" |
| Date of first draft of the US Constitution | 1787 |
| Date of ratification of the US Constitution | 1788 |
| Date the US Constitution took effect | 1789 |
| Location of drafting of the US Constitution | Philadelphia, Pennsylvania |
| Number of delegates at the Constitutional Convention | 55 |
| Number of delegates who signed the US Constitution | 39 |
| Number of states that ratified the US Constitution | All 12 |
| Number of states in the US at the time | 12 |
| Number of amendments to the Louisiana Constitution | Not mentioned |
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What You'll Learn
The US Constitution is a primary source
The US Constitution holds immense historical and legal significance. It established the framework for the federal government, outlining the rights and responsibilities of states and citizens. The document reflects the ideals and governance framework established by the Founding Fathers, providing an authentic snapshot of the nation's foundational philosophies. The Constitution's originality and unaltered nature make it a primary source, offering researchers a primary lens into the era's priorities and struggles.
The Library of Congress recognises the importance of the US Constitution as a primary source, providing access to a comprehensive collection of physical and online primary source materials related to its creation. These include George Washington's letter introducing the Constitution, Jefferson's chart of the votes, and Alexander Hamilton's speech notes. Analysing these primary sources offers a deeper understanding of the democratic principles, such as separation of powers, compromise, and government responsibilities, that are enshrined in the Constitution.
While the Constitution is primarily a primary source, there are instances where it functions as a secondary source. This occurs when the document is used to interpret, analyse, or provide context for other ideas or historical events. For example, in legal contexts, court opinions or legal arguments may rely on interpretations of the Constitution's content, transforming it into a secondary source. Academic and legal commentaries can also contribute to this transformation by providing additional context or drawing connections to broader topics.
The US Constitution, as a primary source, is the main source of law in the US, containing the fundamental laws that regulate the nation. Its amendments are also considered primary sources, as they are official government-issued documents that reflect the evolving nature of American law and society. The Constitution's primary source status makes it a valuable resource for researchers, educators, and anyone interested in understanding the foundations and evolution of the United States of America.
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Amendments are added differently in different states
The process of amending the US Constitution is a complex one, and it has only been amended 27 times. In contrast, state constitutions are amended regularly, with around 7,000 amendments across all 50 states. The frequency of amendments varies from state to state. For instance, the constitutions of Alabama, Louisiana, South Carolina, Texas, and California are amended more than three to four times per year on average. On the other hand, Tennessee, Kentucky, Indiana, Illinois, and Vermont make amendments only once every three to four years, on average.
There are two ways to propose an amendment to the US Constitution:
- Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate.
- A constitutional convention is called for by two-thirds of the State legislatures.
Once an amendment is proposed, the Archivist of the United States submits it to the states for their consideration. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. If a State legislature chooses to act on a proposed amendment before receiving official notification, the Archivist does not make any substantive determinations about the validity of their ratification actions. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action.
While no constitutional amendments have been proposed by a convention so far, there have been 250 state constitutional conventions held since 1776. In recent times, conventions have been less frequent, but they still offer a path to amending state constitutions. Conventions are typically called by legislators, who must approve a convention referendum. Most states require a majority legislative vote to call a convention referendum, while others demand a supermajority. After this, a referendum on calling a convention must be submitted to and approved by a majority of voters, although some states don't require this. Additionally, four states can bypass the legislature and call a convention through the initiative process, and 14 states have referendums that automatically appear on the ballot at intervals ranging from 10 to 20 years.
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The first 10 amendments compose the Bill of Rights
The US Constitution was written in 1787 in Philadelphia, Pennsylvania, by delegates from 12 states. It replaced the Articles of Confederation with a new form of government, creating a federal system with a national government composed of three separated powers.
The Constitution was written to include both reserved and concurrent powers of states. However, it lacked limits on government power, which led to the addition of the Bill of Rights. Federalists advocated for a strong national government, while Anti-Federalists wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty.
James Madison, then a member of the US House of Representatives, altered the Constitution's text to limit government power and protect individual liberties. These changes were presented as a list of amendments that would follow Article VII. The House approved 17 amendments, of which the Senate approved 12, which were sent to the states for approval in August 1789.
On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. Ten of these proposed amendments were ratified by three-fourths of the state legislatures on December 15, 1791. These ratified Articles (Articles 3–12) constitute the first 10 amendments of the Constitution, or the US Bill of Rights.
The first ten amendments to the Constitution make up the Bill of Rights, safeguarding freedoms like speech, religion, and the right to bear arms, while ensuring protections such as due process and trial by jury. The Ninth Amendment states that the listing of specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out. The Tenth Amendment states that the Federal Government only has the powers delegated to it by the Constitution.
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The US Constitution is the supreme law of the land
The US Constitution is the nation's highest form of law; it serves as the foundation for all legal codes and is regarded as a primary source document. The Constitution outlines the nation's fundamental laws and principles, and any laws or regulations that contradict it are deemed null and void.
The Constitution was written in 1787 in Philadelphia, Pennsylvania, by delegates from 12 states, aiming to replace the Articles of Confederation with a new, stronger, centralised national government. The process, known as the Constitutional Convention, involved secret arguments, debates, and compromises. The final draft was read to the remaining 42 delegates, who signed the document and submitted it to the states for ratification. This document, along with the laws made under it and treaties made under the authority of the US, is the supreme law of the land, as stated in Article VI.
The Library of Congress holds a comprehensive collection of primary source materials related to the creation of the Constitution, including rare books and documents. These include George Washington's letter presenting the Constitution, Jefferson's chart of the votes, and Alexander Hamilton's speech notes. These sources provide valuable insights into the democratic principles and the intense debates surrounding the Constitution's formation.
The Constitution has been amended several times since its creation, and these amendments are also considered primary sources. The first ten amendments form the Bill of Rights, and there have been numerous other amendments addressing various issues, such as the controversial topic of slavery, which was abolished via a Constitutional amendment. The Library of Congress provides guides and resources for researching and interpreting the Constitution and its amendments, including the Federalist Papers, which are considered essential for interpreting the Constitution.
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The US Constitution is a living document
The US Constitution is often referred to as a "living document" because it can be amended to adapt to new circumstances and changing times. The document was written in 1787 and has since undergone 27 amendments, with the most important ones being added almost a century and a half ago after the Civil War. The process of amending the Constitution is challenging, but it allows for changes in the government while upholding the fundamental principles laid out in the document.
The Constitution is organised into three parts: the Preamble, the seven Articles, and the Amendments. The Preamble outlines the purpose of the document and the Federal Government, while the Articles establish the structure of the government and the process for amending the Constitution. The Amendments list the changes made to the Constitution, with the first ten being referred to as the Bill of Rights.
The idea of a living constitution is sometimes challenged by the theory of "originalism", which asserts that the Constitution should be interpreted based on the original intent of its authors. Originalists argue that there is no need for the Constitution to adapt or change beyond formal amendments. However, critics of originalism highlight the importance of a living Constitution that can evolve and adapt to the changing needs of a diverse and dynamic society.
The US Constitution, with its flexibility and adaptability, serves as the foundation of the Federal Government and is considered the supreme law of the land. It established a Federal democratic republic, where the people govern themselves and the government's power is derived from the people. The Constitution's ability to be amended ensures that it remains relevant and responsive to the nation's evolving needs and circumstances.
In conclusion, the US Constitution's nature as a living document allows it to endure as the guiding framework for the nation's governance, even as the country grows and transforms over time. Its adaptability ensures that the principles of democracy, liberty, and justice enshrined within it continue to be upheld and advanced in a changing world.
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Frequently asked questions
Yes, constitutional amendments are considered primary sources.
A primary source is an immediate account of information.
George Washington's letter introducing the Constitution is a primary source.
The Maine State Constitution, written in 1820, is a primary source for the state of Maine.
The Federalist Papers, a series of essays by Alexander Hamilton, James Madison, and John Jay arguing for the ratification of the U.S. Constitution, are considered primary sources.
