Malcolm Rivera
The United States Constitution is a foundational document that outlines the country's fundamental laws and governing principles. It consists of seven articles, which form the structural framework of the Constitution, and amendments, which are modifications or additions made to the original document. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791, and include guarantees of freedom of speech, religion, and the press, as well as the right to bear arms. Since then, there have been a total of 27 amendments, with the most recent one being added in 1992. Amendments can be proposed by a two-thirds majority in both houses of Congress or by a national convention called by Congress at the request of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states, either through their legislatures or state ratifying conventions.
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What You'll Learn
The Bill of Rights
James Madison, then a member of the U.S. House of Representatives, drafted the amendments. Madison initially opposed the idea of a bill of rights, arguing that the state bills of rights offered only an illusion of protection against tyranny. However, he eventually supported and authored the Bill of Rights to secure ratification, which occurred in 1791. The Bill of Rights was designed to limit government power and protect individual liberties. It includes the right to free speech, freedom of religion, freedom of the press, the right to assemble, and the right to bear arms.
The first eight amendments in the Bill of Rights outline specific freedoms and rights, while the final two, known as the Ninth and Tenth Amendments, respectively, address the limitations of federal power. The Ninth Amendment states that the omission of a right from the Bill of Rights does not mean that the right does not exist. The Tenth Amendment reinforces federalism by stating that any powers not granted to the federal government by the Constitution are reserved for the states or the people.
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Amending the Constitution
The process of amending the US Constitution is detailed in Article Five of the US Constitution. There are two methods by which amendments can be proposed: either by Congress, with a two-thirds majority vote in both the Senate and the House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures (34 states).
Once an amendment has been proposed, it must be ratified by three-fourths of the states (38 states) to become part of the Constitution. This can be done through the state legislatures or state ratifying conventions. The Twenty-first Amendment, ratified in 1933, is the only amendment to be ratified through the latter method. Congress has also enacted statutes governing the constitutional amendment process.
Since 1789, there have been approximately 11,848 proposals to amend the Constitution. Thirty-three amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven of these have been ratified and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791. The Reconstruction Amendments (the 13th, 14th, and 15th Amendments) were also significant, as was the 26th Amendment, which lowered the voting age to 18.
The process of amending the Constitution is deliberately challenging, requiring supermajority support in Congress and among the states. This ensures that any changes made to the nation's founding document reflect broad consensus and are not subject to the whims of temporary majorities.
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Ratification
The process of ratification for the US Constitution and its amendments is outlined in Article VII of the Constitution and Article V of the original Constitution, respectively.
The US Constitution was ratified in 1787, with Delaware being the first state to do so on December 7. The document stipulated that it would only come into force once nine of the 13 existing states had ratified it. This was achieved on June 21, 1788, when New Hampshire became the ninth state to ratify. The first federal elections took place between December 15, 1788, and January 10, 1789, and the new government was formed on March 4, 1789, with George Washington as President and John Adams as Vice President.
Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed by Congress, it is sent to the states for ratification. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50).
The first 10 amendments to the Constitution, known as the Bill of Rights, were ratified on December 15, 1791. Twelve amendments were originally proposed by Congress on September 25, 1789, of which 10 were ratified by the states. Article 2 was ratified as the 27th Amendment in 1992, and Article 1 was never ratified.
The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. Once an amendment is ratified, the Director of the Federal Register drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
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Fundamental Freedoms
The US Constitution, as originally conceived, did not bind the states. This changed with the Fourteenth Amendment, which was adopted in 1868 to apply the whole of the Constitution to all US states.
The First Amendment to the US Constitution, also known as Fundamental Freedoms, protects religious liberty and rights related to freedom of speech, press, peaceable assembly, and petition to the government. The Religion Clauses, or the Establishment and Free Exercise Clauses, prevent the government from adopting laws respecting an establishment of religion or prohibiting the free exercise thereof. The First Amendment also expressly protects freedom of association.
The First Amendment is one of the first ten amendments, known as the Bill of Rights, which were proposed by the First Congress of the United States on September 25, 1789. Ten of the proposed twelve amendments were ratified by three-fourths of the state legislatures on December 15, 1791.
The Fourteenth Amendment, adopted in 1868, also protects the right of citizens of the United States to vote and states that no state shall make or enforce any law that abridges the privileges or immunities of citizens of the United States. The Twenty-Sixth Amendment, passed in 1971, further clarifies that the right to vote for citizens who are eighteen years or older shall not be denied or abridged by any state on account of age.
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Election of President
The election of the President of the United States is addressed in Article II of the Constitution, as well as in the 12th and 22nd Amendments.
Article II establishes the executive branch of the US government, with the executive power vested in the President. It outlines the process for electing the President and Vice President, the duration of their term, and the eligibility criteria for the office of the President. Each State is to appoint a number of Electors, equal to the number of Senators and Representatives to which the State is entitled in Congress. These Electors then meet in their respective states and vote by ballot for two Persons, one of whom must not be an inhabitant of the same state as themselves. The person with the greatest number of votes becomes the President, provided they have a majority of the Electors' votes. If no candidate has a majority, or there is a tie, the House of Representatives chooses the President. The Senate follows the same procedure for selecting the Vice President if there is a tie or no majority. The Congress can determine the timing of choosing the Electors and the day they cast their votes, which must be the same across the country. The President must be a natural-born citizen of the US and at least 35 years old. Before assuming office, the President must take an oath to preserve, protect, and defend the Constitution. The President's compensation is fixed during their term and cannot be increased or decreased. They have the power to make treaties with the advice and consent of the Senate, fill vacancies during Senate recess, and appoint ambassadors and other officers with the Senate's consent.
The 12th Amendment, ratified in 1804, revised the procedure for electing the President and Vice President. It mandated that Electors cast distinct votes for President and Vice President, addressing issues arising from the previous system where Electors cast two votes without distinguishing between the two offices. This amendment also provided that the President and Vice President would be elected together, eliminating the possibility of a President and Vice President from opposing parties.
The 22nd Amendment imposes a limit on the number of terms the President may serve, restricting the ability of voters to re-elect an incumbent President beyond their second term.
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Frequently asked questions
The Articles of the Constitution are the structural components that make up the framework of the Constitution. There are seven articles, signed on September 17, 1787, and ratified on June 21, 1788.
Amendments are changes or additions to the Constitution. They are proposed by Congress and must be ratified by three-fourths of the state legislatures to become part of the Constitution.
There have been 27 Amendments to the Constitution, including the Bill of Rights, which comprises the first 10 Amendments. The 27th Amendment was ratified in 1992, 203 years after it was first proposed.
The process of amending the Constitution is outlined in Article Five. It begins with a proposal by Congress, which requires a two-thirds majority vote in both the Senate and the House of Representatives. The proposal is then sent to the states, where it must be ratified by three-fourths of the state legislatures.
Yes, an Amendment can be repealed. The only Amendment that has explicitly repealed an earlier one is the 21st Amendment, which repealed the 18th Amendment and ended the prohibition of alcohol.
