Omar Bennett
The US Constitution, which came into force in 1789, is the supreme law of the United States of America. It consists of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The Constitution's main provisions include seven articles that define the basic framework of the federal government. Articles that have been amended still include the original text, although provisions repealed by amendments are usually bracketed or italicized to indicate they no longer apply. This text will explore what is no longer part of the US Constitution.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| First Amendment | Guarantees the right to a jury trial only in federal court, not in state court |
| Eighth Amendment | Protects people from having bail or fines set at an amount so high that it would be impossible for all but the richest defendants to pay, and also protects people from being subjected to cruel and unusual punishment |
| Ninth Amendment | Declares that individuals have other fundamental rights, in addition to those stated in the Constitution |
| Proposal for Amendment | Must be adopted by two-thirds of both houses of Congress or by a national convention requested by two-thirds of state legislatures |
| Ratification of Amendment | Requires three-fourths of the States (38 of 50) |
| New States | May be admitted by Congress into the Union, but no new State shall be formed or erected within the Jurisdiction of another State without the Consent of the Legislatures of the States concerned and of the Congress |
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What You'll Learn
- The US Constitution superseded the Articles of Confederation in 1789
- The Constitution is composed of a preamble, seven articles, and 27 amendments
- The first 10 amendments are known as the Bill of Rights
- The Eighth Amendment protects people from cruel and unusual punishment
- The Ninth Amendment declares that individuals have rights beyond those stated in the Constitution
The US Constitution superseded the Articles of Confederation in 1789
The US Constitution superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Articles of Confederation were adopted by the Continental Congress on November 15, 1777, and served as the United States' first constitution. It was in force from March 1, 1781, until 1789 when the present-day Constitution went into effect.
The Articles of Confederation established a "league of friendship" for the 13 sovereign and independent states. Each state retained "every Power... which is not by this confederation expressly delegated to the United States". The Articles also outlined a Congress with representation not based on population – each state had one vote in Congress.
However, the Articles of Confederation had several weaknesses. Congress lacked the authority to regulate commerce, making it unable to protect or standardize trade between foreign nations and the various states. It could not raise funds, regulate trade, or conduct foreign policy without the voluntary agreement of the states. It also had no enforcement powers and could not print money.
The US Constitution, which came into effect in 1789, delineates the framework of the federal government. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the President and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III). The Constitution's main provisions include seven articles that define the basic framework of the federal government.
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The Constitution is composed of a preamble, seven articles, and 27 amendments
The United States Constitution is the supreme law of the United States of America. It is composed of a preamble, seven articles, and 27 amendments. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
The legislative branch consists of the bicameral Congress (Article I), which includes the Senate and the House of Representatives. The executive branch is made up of the President and subordinate officers (Article II). The judicial branch includes the Supreme Court and other federal courts (Article III).
Articles IV, V, and VI embody concepts of federalism, describing the rights and responsibilities of state governments, their relationship to the federal government, and the process of amending the Constitution. For instance, Article V outlines the procedure for proposing and ratifying amendments, which can be done by a two-thirds majority in both houses of Congress or by a national convention requested by two-thirds of state legislatures.
The seven articles of the Constitution form the structural foundation, signed on September 17, 1787, and ratified on June 21, 1788. The 27 amendments that have been added to the Constitution since its ratification began with the Bill of Rights, which included the first 10 amendments ratified on December 15, 1791. These amendments protect various rights and freedoms, such as the right to a jury trial in federal court (but not state court), protection from excessive bail or cruel and unusual punishment, and the recognition of additional fundamental rights beyond those explicitly stated in the Constitution.
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The first 10 amendments are known as the Bill of Rights
The United States Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The 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 embodies the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial. The legislative branch consists of the bicameral Congress (Article I), the executive branch consists of the president and subordinate officers (Article II), and the judicial branch consists of the Supreme Court and other federal courts (Article III).
The Bill of Rights also establishes the manner of election and the qualifications of members of Congress. Representatives must be at least 25 years old, be a citizen of the United States for seven years, and live in the state they represent.
The Eighth Amendment, part of the Bill of Rights, protects people from having bail or fines set at an amount so high that only the richest defendants could pay. It also protects people from being subjected to cruel and unusual punishment. The Ninth Amendment declares that individuals have other fundamental rights in addition to those stated in the Constitution.
Amendments to the Constitution are proposed by either two-thirds of both houses of Congress or by a national convention requested by two-thirds of the state legislatures. Once the proposal is passed, Congress decides on the method of ratification, which can be either by state legislatures or by state ratifying conventions. A proposed amendment becomes an operative part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
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The Eighth Amendment protects people from cruel and unusual punishment
The Eighth Amendment to the US Constitution is a crucial safeguard against excessive and inhumane punishment. It states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." This amendment is an essential part of the Bill of Rights, which sets clear limits on the government's power and protects the fundamental rights of individuals. The Eighth Amendment's protection against cruel and unusual punishment specifically prohibits punishments that are unnecessarily harsh or that inflict unnecessary pain and suffering. This safeguard applies to both criminal and civil cases and is an important check on the power of the state.
The amendment's prohibition on "cruel and unusual punishments" has been the subject of much interpretation and debate over the years. The Supreme Court has played a pivotal role in defining the scope of this protection, establishing key principles that guide lower courts' decisions. One of the Court's earliest interpretations of the Eighth Amendment occurred in the 1871 case of Wilkerson v. Utah, where the Court held that the amendment's protections applied to the states through the Fourteenth Amendment. This ensured that the safeguard against cruel and unusual punishment was not limited to federal crimes but extended to state-level offenses as well.
A key aspect of the Eighth Amendment is its prohibition on excessive bail. This provision ensures that bail, which is often required to secure an individual's release from custody pending trial, is not set at an unreasonably high amount. The amendment also prohibits excessive fines, protecting individuals from punitive financial penalties that are disproportionate to the offense. These protections ensure that the justice system does not unfairly disadvantage those who may lack financial resources.
The Supreme Court has also interpreted the Eighth Amendment to prohibit certain types of punishment, such as "cruel and unusual" methods of execution. For example, in the 2008 case Baze v. Rees, the Court considered the constitutionality of lethal injection as a method of execution. The Court upheld the use of lethal injection but established important guidelines to ensure that the procedure minimizes the risk of unnecessary pain and suffering. The Eighth Amendment's protection against cruel and unusual punishment extends beyond methods of execution and also covers other aspects of incarceration. For example, prison conditions must meet basic standards of human decency, and prisoners cannot be subjected to treatment that causes unnecessary suffering.
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The Ninth Amendment declares that individuals have rights beyond those stated in the Constitution
The Ninth Amendment to the United States Constitution, introduced during the drafting of the Bill of Rights, declares that individuals have rights beyond those explicitly stated in the Constitution. It addresses the rights retained by the people that are not specifically enumerated in the document. The amendment emerged as a compromise between the Federalists and Anti-Federalists, who held opposing views on handling rights within the Constitution. The Federalists advocated for a robust central government, while the Anti-Federalists prioritized stronger state governments and the protection of individual liberties. James Madison, in an effort to appease the Anti-Federalists, championed the Ninth Amendment.
The Ninth Amendment states that the enumeration of certain rights in the Constitution shall not be interpreted to deny or disparage other rights retained by the people. In other words, it ensures that the mention of specific rights in the Constitution does not limit or diminish the existence and significance of other rights not explicitly listed. This amendment is particularly relevant when it comes to safeguarding individual liberties and preventing governmental overreach. It empowers courts to affirm that citizens possess rights beyond those named in the Bill of Rights, ensuring that the natural rights of the people extend beyond the written word of the Constitution.
The Ninth Amendment has significant legal implications and plays a crucial role in protecting unenumerated rights. It works in conjunction with the Tenth and Fourteenth Amendments to protect individual rights and draw boundaries between federal and state governments. The Tenth Amendment reserves powers not granted to the federal government by the Constitution for the states, while the Fourteenth Amendment grants citizenship and ensures equal protection under the law, extending due process rights to all state actions. Together, these amendments safeguard the inherent rights retained by the people and prevent governmental encroachment on personal freedoms.
While the Ninth Amendment has rarely been at the forefront of US constitutional law, it has seen some notable interpretations and applications. Legal scholars and professionals continue to debate its precise meaning and scope. The amendment has been interpreted as endorsing a presumption of liberty, suggesting that individuals have the right to engage in any activity not expressly forbidden by the Constitution. This interpretation aligns with the libertarian perspective, emphasizing the importance of individual natural rights and liberties. However, some, like Justice Antonin Scalia, have cautioned against what they perceive as judicial overreach in recognizing unenumerated rights, arguing for a strict interpretation of the Constitution.
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Frequently asked questions
The US Constitution is the supreme law of the United States of America. It is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights.
The US Constitution has gone through several amendments since its inception. As such, provisions repealed by amendments under Article V are usually bracketed or italicized to indicate they no longer apply.
One example is the Eighth Amendment, which protects people from having bail or fines set at an amount so high that only the richest defendants could pay. Another is the Ninth Amendment, which declares that individuals have other fundamental rights beyond those stated in the Constitution.
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. Once the proposal passes, Congress decides on the method of ratification, which could be via state legislatures or state ratifying conventions. The proposed amendment becomes operative as soon as it is ratified by three-fourths of the states (38 out of 50).
