Malcolm Rivera
The US Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments, ratified on December 15, 1791, are known as the Bill of Rights. The Bill of Rights was added to the Constitution to limit government power and protect individual liberties. James Madison wrote the amendments, which were presented as a list of changes to Article VII. A bill is a proposal for a new law or a change to an existing law.
| Characteristics | Values |
|---|---|
| Number of Amendments | 10 |
| Date of Ratification | 15 December 1791 |
| Purpose | Limit government power and protect individual liberties |
| Rights | Freedom of speech, freedom of religion, freedom from unreasonable government intrusion, freedom from double jeopardy, freedom from self-incrimination, right to a speedy and public trial, right to bear arms, freedom from quartering soldiers |
| Powers | Federal government only has powers delegated in the Constitution |
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What You'll Learn
The Bill of Rights and the US Constitution
The US Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments, proposed in 1789 and ratified in 1791, are known as the Bill of Rights.
The Bill of Rights was added to the Constitution to limit government power and protect individual liberties. The Founders saw the ability to speak and worship freely as natural rights. The First Amendment prohibits Congress from making laws establishing a religion or impeding free speech. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant.
The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes. The Fifth Amendment provides several protections for people accused of crimes, including the right against self-incrimination and the right to not be imprisoned without due process of law. The Sixth Amendment provides additional protections, including the right to a speedy and public trial and trial by an impartial jury.
The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out. The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution.
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Amendments to the Constitution
The US Constitution has had 27 amendments, beginning with the Bill of Rights, which constitutes the first 10 amendments, ratified on December 15, 1791. The amendments were written by James Madison as a solution to limit government power and protect individual liberties. For example, the First Amendment protects citizens' right to freedom of speech and freedom of religion, while the Fourth Amendment safeguards citizens' right to privacy from government intrusion.
The process of amending the Constitution is outlined in Article Five, which details a two-step process of proposal and ratification. Amendments can be proposed by Congress or a national convention called by Congress upon 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.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, with members of the House and Senate typically proposing around 200 amendments during each two-year term. However, only 27 amendments have been successfully ratified and incorporated into the Constitution.
The last amendment to be ratified was the 27th Amendment in 1992, which was actually the second article proposed with the original 12 amendments in 1789. The 18th Amendment, ratified in 1919, established the prohibition of alcohol, but it was later repealed by the 21st Amendment in 1933.
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The role of Congress in the bill process
The legislative process is a matter of public interest, and understanding it is essential to appreciate the work of Congress. The legislative process is one of the foundations of the American democratic way of life, with its emphasis on protecting the minority and allowing all sides to be heard. The legislative engine is Congress, but the President also influences the process. The President proposes an annual budget for federal agencies and suggests legislation, and has the power to veto legislation, which can significantly affect the content of bills.
Congress' role in the bill process is primarily to make laws. The House of Representatives and the Senate are equal in their legislative roles and functions, and a bill must be passed by both chambers in the same form before it can be presented to the President. The House originates revenue and appropriation legislation, while the Senate confirms presidential nominations, approves treaties, and advises and consents to treaties.
Much of the policy expertise in Congress resides in the standing committees, which are panels of members from both parties. These committees lead in developing and assessing legislation, and members often serve on a small number of committees for many years, becoming highly knowledgeable in certain policy areas. The committees draft and consider legislative proposals, and once a law is enacted, Congress provides oversight of policy implementation.
The process by which a bill becomes a law is rarely predictable and can vary significantly. A bill is given a legislative number and is then referred to the appropriate committee or committees by the Speaker. The bill is printed and made available to the public, and copies are sent to the office of the chairman of each committee. The clerk of the committee enters it on the committee's Legislative Calendar. The bill is then debated and discussed, and amendments may be proposed. If the bill passes through this stage, it is presented to the President.
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The ratification of amendments
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. An amendment 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. It's worth noting that none of the 27 amendments to the Constitution have been proposed by a constitutional convention.
Once an amendment is proposed by Congress in the form of a joint resolution, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution, publishes it in slip law format, and assembles an information package for the states. This package includes formal "red-line" copies of the joint resolution and copies in slip law format.
Following this, the governors formally submit the amendment to their state legislatures or call for a convention, as specified by Congress. It is important to note that some state legislatures have taken action on a proposed amendment without waiting for official notice in the past. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is immediately conveyed to the Director of the Federal Register.
The OFR plays a crucial role in examining the ratification documents for facial legal sufficiency and the presence of an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody. These documents are retained by the OFR until an amendment is adopted or fails, after which they are transferred to the National Archives for preservation. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50).
Once the OFR verifies that it has received the required number of authenticated ratification documents, the Archivist certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete. While the Archivist does not make substantive determinations on the validity of state ratification actions, their certification of facial legal sufficiency is considered final and conclusive.
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The influence of the Virginia Declaration of Rights
A bill related to the US Constitution is a proposal for a law that is presented to the US legislature for discussion, debate, and a vote. The US Constitution is a foundational legal document that outlines the rights and responsibilities of the government and its citizens. It establishes the structure and powers of the three branches of the US government: the executive, legislative, and judicial branches.
Now, here is information on the influence of the Virginia Declaration of Rights:
The Virginia Declaration of Rights, written by George Mason, and adopted by the Virginia Constitutional Convention on June 12, 1776, had a significant influence on the development of the US Constitution and the Bill of Rights. It was one of the earliest documents to emphasize the protection of individual rights and served as a model for other colonies. Thomas Jefferson drew upon it for the opening paragraphs of the Declaration of Independence, and it became the basis of the Bill of Rights.
The Virginia Declaration of Rights consists of sixteen articles that affirm the inherent rights of the people of Virginia, including life, liberty, property, and the pursuit of happiness. It also describes a view of government as being instituted for the benefit, protection, and security of the people. The document outlines the separation of powers into the administration, legislature, and judiciary.
Articles 7–16 propose restrictions on the powers of the government, including the right to be confronted by accusers and witnesses, the right to a speedy trial by an impartial jury, and protections against unreasonable searches and seizures. It also guarantees freedom of the press, freedom of religion, and the right to keep and bear arms.
The Virginia Declaration of Rights influenced James Madison, who drafted the Bill of Rights, which consists of the first ten amendments to the US Constitution. The Bill of Rights was added to limit government power and protect individual liberties, addressing concerns about the proposed federal government being too large and unresponsive to the people. The amendments in the Bill of Rights mirror many of the rights outlined in the Virginia Declaration of Rights, such as freedom of religion, freedom of speech, and the right to keep and bear arms.
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Frequently asked questions
A bill is a proposal for a new law or a change to an existing law. In the context of the US Constitution, the first 10 amendments to the Constitution are known as the Bill of Rights. These amendments were added to limit federal government power and protect individual liberties.
The First Amendment prohibits Congress from making laws regarding the establishment of a religion or prohibiting the free exercise thereof. It also protects freedom of speech, freedom of the press, and the right to peaceably assemble and petition the government. The Second Amendment protects the right of the people to keep and bear arms. The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes. The Fourth Amendment prohibits unreasonable searches and seizures without a warrant.
The idea for a bill can come from a sitting member of the US Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. Once introduced, a bill is assigned to a committee that researches, discusses, and makes changes. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes through a similar process in the other body. After both bodies accept a bill, they must work out any differences between the two versions.
Yes, the President can veto a bill. However, in most cases, Congress can vote to override the veto and the bill becomes a law. If the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, it is called a pocket veto, and it cannot be overridden by Congress.
