Isabella Carter
The United States Constitution, signed on September 17, 1787, is one of the longest-lived and most emulated constitutions in the world. The road to ratification was not without its challenges, with intense debates between Federalists and Anti-Federalists. Even after ratification, the Constitution continued to evolve, with amendments being proposed and ratified. The document has faced numerous tests, with events such as the Civil War and court cases challenging its interpretation and application. The Constitution has been amended several times, including the addition of the Bill of Rights, to address these challenges and ensure the protection of individual liberties.
| Characteristics | Values |
|---|---|
| Date of ratification | 17th September 1787 |
| Number of signatures | 39 |
| Number of states needed for ratification | 9 out of 13 |
| First state to ratify | Delaware |
| Date of first state ratification | 7th December 1787 |
| Date of 9th state ratification | 21st June 1790 |
| Date of election of first president | April 1789 |
| First president | George Washington |
| Vice President | John Adams |
| Date of first federal elections | 15th December 1788 |
| Date new government was set to begin | 4th March 1789 |
| Number of amendments introduced by Madison | 17 |
| Number of amendments adopted by Congress | 12 |
| Number of amendments ratified | 10 |
| Date of amendment ratification | 15th December 1791 |
| Date of 11th Amendment ratification | 1795 |
| Date of 26th Amendment ratification | 1st July 1971 |
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What You'll Learn
Shays' Rebellion
The rebellion was a violent insurrection, with Shaysites shutting down courts and preventing the execution of foreclosures and debt processes. In September 1786, Shays and other local leaders led an attack on the Supreme Court in Springfield, forcing it to adjourn. In January 1787, Shays led an attack on the federal arsenal in Springfield, which was repulsed. He was pursued by the militia and decisively defeated at Petersham, after which he fled to Vermont.
The rebellion had significant political consequences. It brought to light the weaknesses of the Articles of Confederation and the need for a stronger central government. It contributed to George Washington's return to political life and his election as the first President of the United States under the new Constitution. The rebellion also resulted in the Massachusetts legislature enacting laws to ease the economic burden on debtors.
The role of Shays' Rebellion in the formation and ratification of the United States Constitution is debated by historians. While some argue that it played a role in shifting the political climate towards support for a stronger central government, others maintain that its impact was minimal. However, it is generally agreed that the rebellion, at the very least, temporarily influenced some Anti-Federalists to favour a stronger government.
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Chisholm v Georgia
The United States Constitution is one of the longest-lived and most emulated constitutions in the world. The founding fathers set the terms for its ratification, bypassing the state legislatures and calling for special ratifying conventions in each state. The Constitution was ratified by nine states on January 9, 1788, with the remaining four holding out.
One of the earliest significant cases heard by the United States Supreme Court after the ratification of the Constitution was Chisholm v. Georgia in 1793. The case was between Alexander Chisholm, a merchant in Charleston and executor of the estate of Robert Farquhar, a South Carolina merchant, and the state of Georgia. In 1777, Georgia had authorized the purchase of goods from Farquhar to supply troops in Savannah, but Farquhar died in 1784 without receiving payment. When his estate filed a claim for the debt with the Georgia legislature in 1789, it was refused payment and suggested to sue the individuals who had withdrawn the funds from the state treasury. Chisholm then brought a suit against the state of Georgia.
The case was first heard in the Circuit Court for the District of Georgia in October 1791 under the caption of "Farquhar's Executor v. Georgia." Chisholm sought £100,000 sterling in payment and damages. However, the case was dismissed due to a lack of jurisdiction, with the court citing that a state could not be sued by a citizen of another state in federal circuit court. Chisholm then filed a new suit before the Supreme Court, likely in the February 1792 term, seeking damages of $500,000. Despite multiple notices by the Court, no representatives for Georgia appeared, and the Court proceeded to hear arguments in the case.
In a four-to-one decision, the Supreme Court ruled in favor of Chisholm, holding that Article III, Section 2 grants federal courts jurisdiction in cases between a state and a citizen of another state where the state is the defendant. This decision surprised the States, and they called for the 11th Amendment to the Constitution, which precludes a state from being sued in Federal Court without its consent. The 11th Amendment was ratified in 1795, superseding the Chisholm v. Georgia case. Justice Iredell, who had dissented in the original decision, ultimately became the law of the land with the ratification of the 11th Amendment.
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Voting Rights Act
The Voting Rights Act of 1965 was a landmark piece of legislation in the United States that aimed to address the long-standing issue of voting discrimination against racial minorities, particularly African Americans in the South. Prior to the Act, the United States Constitution granted each state the discretion to determine voter qualifications for its residents, which led to discriminatory practices and laws that restricted the voting rights of African Americans.
One of the key provisions of the Voting Rights Act was the outlawing of literacy tests, which had been used to disenfranchise African Americans. In the case of Lassiter v. Northampton County Board of Elections (1959), the Court held that literacy tests did not violate the Fourteenth Amendment. However, the Voting Rights Act created a nationwide ban on literacy tests and similar devices, which was upheld as constitutional by the Supreme Court in Oregon v. Mitchell (1970).
Another significant aspect of the Voting Rights Act was its addressment of poll taxes. Poll taxes, which were a precondition to voting, were found to disproportionately impact individuals of limited means and were often used to deny the right to vote based on race or color. The Voting Rights Act directed the Attorney General to challenge the use of poll taxes in state and local elections, in addition to their abolition in national elections by the 24th Amendment.
The Voting Rights Act also included provisions to ensure the protection of voting rights. Section 5 required covered jurisdictions to obtain "preclearance" from the District Court or the Attorney General for any new voting practices. Section 2 applied a nationwide prohibition on the denial or abridgment of the right to vote based on race or color, closely following the language of the 15th Amendment.
The Voting Rights Act of 1965 was signed into law by President Johnson, following peaceful demonstrations and violent events, such as the murder of voting rights activists in Mississippi and the attack on peaceful marchers in Selma, Alabama. The Act was a significant step towards ensuring equal voting rights for all citizens, regardless of race, and addressed the unconstitutional voting discrimination that had persisted for many years.
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Secession of South Carolina
South Carolina was the first state to secede from the federal Union on 20 December 1860. The election of Abraham Lincoln as president in 1860 triggered cries for disunion across the slaveholding South. Lincoln had declared his opposition to the extension of slavery to territories outside the states of the Union.
The secession of South Carolina was precipitated by the escalating controversy over the expansion of slavery into the territory acquired from Mexico. The Compromise of 1850 and the lack of broad-based support for secession in the South ended this crisis, but secessionists awaited their next opportunity. The victory of Lincoln in the 1860 presidential election fulfilled their dreams of a republic for slaveholders.
The 169 delegates who voted unanimously to secede from the federal Union were primarily wealthy, middle-aged, native-born slaveholding planters and lawyers. Charlestonians celebrated with bonfires, parades, and the ringing of church bells. Just four days after secession, South Carolina issued the "Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union." The document offered a legal justification for secession and discussed how the federal government had failed to uphold its constitutional obligations to South Carolina.
The opening portion of the declaration outlines the historical background of South Carolina and offers a legal justification for its secession. It asserts that the right of states to secede is implicit in the Constitution and was explicitly reaffirmed by South Carolina in 1852. The declaration states that the agreement between South Carolina and the United States is subject to the law of compact, which creates obligations on both parties and revokes the agreement if either party fails to uphold its obligations.
The next section asserts that the government of the United States and of the states within that government had failed to uphold their obligations to South Carolina. The specific issue stated was the refusal of some states to enforce the Fugitive Slave Act and clauses in the U.S. Constitution protecting slavery, and the federal government's perceived role in attempting to abolish slavery. The primary reason for South Carolina's secession was the failure of the northern states to uphold the Fugitive Slave Act.
The final section concludes with a statement that South Carolina had therefore seceded from the United States of America and was thus no longer bound by its laws and authorities. The main thrust of the argument was that since the U.S. Constitution, being a contract, had been violated by some parties (the Northern abolitionist states), the other parties (the Southern slave-holding states) were no longer bound by it.
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Roe v Wade
Roe v. Wade (410 U.S. 113) is one of the most famous Supreme Court cases in the history of the United States. The case centred on Texan Norma McCorvey, who, in 1969, became pregnant for the third time. Struggling with drug and alcohol use, she had previously given up responsibility for her first two children and decided that she did not want to continue the pregnancy. However, Texas law only allowed abortion to save the patient's life. Texas lawyers Linda Coffee and Sarah Weddington filed a suit on her behalf in federal court under the pseudonym Jane Roe. The legendary district attorney Henry Wade was a controversial figure for pro-choice activists, with a high conviction rate.
The case was heard by the Supreme Court in 1973, with the ruling recognising the right to abortion as a matter of privacy. The court ruled 7-2 to invalidate the Texas law that prohibited abortions except when necessary to save the mother's life. The ruling set a precedent for abortion regulations at the federal level, establishing the right to liberty in the Constitution, which protects personal privacy, and includes the right to decide whether to continue a pregnancy.
The Roe decision made state abortion bans unconstitutional, making abortion care legal, more accessible, and safer throughout the country. However, abortion opponents pressured lawmakers to enact restrictive abortion laws to reverse Roe's guarantee of reproductive freedom. Lawsuits against such restrictions multiplied, with some reaching the Supreme Court. Over time, the court issued a series of decisions that diluted Roe, upholding the decision while modifying standards related to abortion.
In 2022, the Supreme Court officially overturned Roe v. Wade, eliminating the federal constitutional right to abortion. This decision abandoned nearly 50 years of precedent and marked the first time the Supreme Court had taken away a fundamental right. The leaked draft opinion for Dobbs v. Jackson Women's Health Organization, written by Justice Samuel Alito, argued that "Roe was egregiously wrong from the start". The official opinion, released on June 24, saw the justices vote 6-3 to overturn Roe v. Wade. Following the decision, over a dozen states banned abortion outright, forcing people to carry pregnancies against their will and travel long distances to access abortion care.
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Frequently asked questions
The first federal elections were held from Monday, December 15, 1788, to Saturday, January 10, 1789.
The first time the Supreme Court ruled an act of Congress unconstitutional was in Marbury v. Madison.
The first amendment to the US Constitution was the Bill of Rights, ratified on December 15, 1791.
The District of Columbia Voting Rights Amendment, proposed in 1978, would have granted the District of Columbia full representation in Congress and unconditional Electoral College voting rights. However, it failed to be adopted as it did not receive enough states' ratifications.
