Simone Lawson
The United States Constitution, drafted in 1787, is a document that acts as a merger, uniting a group of states with different interests, laws, and cultures. It establishes justice, ensures domestic tranquility, provides for the common defence, promotes the general welfare, and secures liberty. The US Constitution has been amended several times, including the addition of the Bill of Rights (Amendments 1-10) and the 13th, 14th, and 15th Amendments, which abolished slavery, ensured due process and equal protection under the law, and guaranteed voting rights for Black men. The US Constitution has also influenced other nations, such as South Africa, to recognize economic, social, and cultural rights. Did you know that there have been discussions and proposals for a second constitution, referred to as the New Constitution or the Second Constitution for the United States?
| Characteristics | Values |
|---|---|
| Date of drafting | 25th May to 17th September 1787 |
| Location of drafting | Independence Hall, Philadelphia |
| Purpose | To amend the Articles of Confederation |
| Delegates | 74 appointed by the states, 55 attended |
| Represented states | 12 out of 13 original states |
| Absent state | Rhode Island |
| Amendment process | Two-step process |
| Amendment proposal | By Congress or national convention |
| Amendment ratification | By state legislatures or state ratifying conventions |
| Supreme Court | Size changed multiple times |
| Amendments | 13th, 14th, and 15th amendments added after the Civil War |
| Fundamental economic rights | Not explicitly mentioned |
| Difficulty of amendment | Deliberately made difficult to prevent changes based on political whim |
| Interpretation | Influenced by Critical Race Theory |
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What You'll Learn
Amendments to the US Constitution
The US Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. Since then, 17 more amendments have been added, bringing the total to 27.
There have been approximately 11,848 proposals to amend the Constitution introduced in Congress since 1789. Members of the House and Senate propose around 200 amendments during each two-year term of Congress. However, most of these proposals die in congressional committees. Since 1999, only about 20 proposed amendments have received a vote by either the full House or Senate.
There are two steps in the amendment process. First, a proposal for an amendment must be adopted by two-thirds of both houses of Congress or by a national convention requested by two-thirds of state legislatures. Second, the proposed amendment must be ratified by three-fourths of the states (38 out of 50). This can be done through the consent of state legislatures or state ratifying conventions.
The 13th, 14th, and 15th amendments, also known as the Reconstruction Amendments, were passed following the Civil War. They abolished slavery, ensured due process and equal protection under the law, and guaranteed voting rights for Black men. The 21st Amendment, ratified in 1933, repealed the 18th Amendment and ended prohibition.
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The Constitution's ratification
The drafting of the US Constitution, often referred to as its framing, was completed at the Constitutional Convention in Independence Hall, Philadelphia, between May 25 and September 17, 1787. The convention was attended by 55 of the 74 delegates appointed by the state legislatures of 12 of the 13 original states; Rhode Island refused to send delegates. The delegates were generally convinced that an effective central government with a wide range of enforceable powers must replace the weaker Congress established by the Articles of Confederation.
Two plans for structuring the federal government arose at the convention's outset: The Virginia Plan, also known as the Large State Plan or the Randolph Plan, and the New Jersey Plan, which retained the legislative structure. The Virginia Plan called for a bicameral (two-house) Congress that would be elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch.
The US Constitution has a two-step amendment process. Proposals to amend the Constitution must be properly adopted and ratified before they can change the Constitution. First, there are two procedures for adopting the language of a proposed amendment: either by Congress, with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention (which will take place whenever two-thirds of the state legislatures collectively call for one). Second, there are two procedures for ratifying the proposed amendment, which requires the approval of three-fourths of the states (38 of 50): consent of the state legislatures or approval by state ratifying conventions. To date, the convention method of proposal has never been tried, and the convention method of ratification has only been used once, for the Twenty-first Amendment.
The US Constitution has been amended several times since its ratification. Notably, the 13th, 14th, and 15th amendments were passed right after the Civil War to abolish slavery, ensure due process and equal protection under the law, and guarantee voting rights for Black men. The size of the US Supreme Court has also been changed multiple times, including after the Civil War, to ensure that these new amendments would be applied and implemented by the federal courts and the Supreme Court.
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The Supreme Court's interpretation
The interpretation of the US Constitution by the Supreme Court has evolved over time, with the Court playing a significant role in shaping the nation's laws and policies. The Court's interpretation of the Constitution is guided by a set of principles and precedents, but it also reflects the changing societal and political landscape.
One notable example of the Supreme Court's interpretation of the Constitution is the period following the Civil War. The 13th, 14th, and 15th Amendments were passed to abolish slavery, ensure due process and equal protection under the law, and guarantee voting rights for Black men. To ensure these amendments were enforced, Congress altered the size and composition of the Supreme Court, demonstrating the Court's critical role in upholding fundamental rights.
In recent times, the Supreme Court has been accused of interpreting the Constitution narrowly to overturn specific laws. For instance, the Court's interpretation of the Constitution has influenced its decisions on laws such as the Voting Rights Act. This has sparked debates about the role of race and racial discrimination in shaping the Constitution's history and development, as highlighted by Critical Race Theory.
Amending the Constitution is a complex process, requiring broad societal agreement and a rigorous amendment procedure. Proposals for amendments must be adopted by two-thirds of both houses of Congress or through a national convention requested by two-thirds of state legislatures. The proposed amendment must then be ratified by three-fourths of the states. This deliberate process ensures that the Constitution is not changed based on political whims but rather through a comprehensive and consensus-driven approach.
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The Articles of Confederation
The Articles outlined a Congress with representation not based on population, meaning each state had one vote in Congress. Ratification by all 13 states was necessary to set the Confederation into motion. The first state to ratify was Virginia on December 16, 1777, and by February 1779, 12 states had ratified the Articles. Maryland was the last state to ratify the Articles on March 1, 1781, officially proclaiming the Articles of Confederation as the law of the land.
Recognizing the shortcomings of the Articles of Confederation, delegates assembled at the Constitutional Convention in Philadelphia in May 1787 to revise the Articles. The convention's initial mandate was limited to amending the Articles, but delegates quickly began considering measures to replace them. Two plans emerged: the Virginia Plan, which proposed a bicameral (two-house) Congress elected on a proportional basis, and the New Jersey Plan, which retained the legislative structure created by the Articles of Confederation.
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The role of race and racial discrimination
The United States Constitution, drafted in 1787, was intended to unite a group of states with different interests, laws, and cultures, forming a more perfect union. However, it has been described as "both brilliant and highly flawed". While the Constitution provides the tools and resources to ensure full equality and opportunity for all citizens, it has been criticised for lacking an explicit articulation of fundamental economic rights.
To ensure the enforcement of these amendments, the size of the U.S. Supreme Court was modified shortly after the Civil War. This intervention by Congress was necessary to safeguard the fundamental rights granted to African Americans. The interpretation and application of the Constitution have evolved over time, and the Supreme Court has been accused of narrowly interpreting its provisions to overturn laws such as the Voting Rights Act.
Critical Race Theory (CRT) is a framework that highlights the importance of understanding the role of race and racial discrimination in the Constitution and its legal system. According to CRT, the history and development of the Constitution and laws cannot be fully comprehended without acknowledging the impact of racial discrimination. By examining the role of race, CRT provides context and a deeper understanding of the Constitution's evolution and its impact on society.
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Frequently asked questions
The Constitution of the United States is a document drafted during the Constitutional Convention in Philadelphia between May 25 and September 17, 1787. It unites a group of states with different interests, laws, and cultures, vesting the power of the union in the people.
There are two steps to amend the Constitution. First, a proposal for an amendment must be adopted by two-thirds of both houses of Congress or by a national convention requested by two-thirds of the state legislatures. Second, the proposed amendment must be ratified by three-fourths of the states (38 out of 50).
Some notable amendments to the Constitution include the 13th, 14th, and 15th amendments, which abolished slavery, ensured due process and equal protection under the law, and guaranteed voting rights for Black men following the Civil War.
