Malcolm Rivera
The US Constitution is divided into three parts: the Preamble, the seven Articles, and the Amendments. The third part, the Amendments, is a list of changes to the Constitution. The first 10 amendments are called the Bill of Rights. The Amendments are the result of a lengthy process involving votes from two-thirds of the Senate and two-thirds of the House of Representatives, or two-thirds of state legislatures applying to Congress, followed by a national convention. The US Constitution is often referred to as a living document because it can be amended, although in over 200 years, there have only been 27 amendments.
| Characteristics | Values |
|---|---|
| Third Part of the Document | Amendments |
| Type of Document | Public |
| Classification | Legal |
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What You'll Learn
The Amendments
The third part of the US Constitution is called the Amendments. This part lists all the changes made to the Constitution; the first 10 of these are known as the Bill of Rights.
The Constitution is often referred to as a "living" document because it can be amended. However, in over 200 years, there have only been 27 amendments. The process of making an amendment is different and more difficult than the process for making laws. When two-thirds of the Senate and two-thirds of the House of Representatives vote to change the Constitution, an amendment goes to the state legislatures for a vote. Alternatively, two-thirds of the state legislatures can submit an application to Congress, and then Congress calls a national convention at which states propose amendments. Three-fourths of the state legislatures or state conventions must vote in favour of an amendment to ratify it.
Some examples of Amendments include:
- The Twenty-Third Amendment: District of Columbia Electors
- The Twenty-Fourth Amendment: Abolition of Poll Tax
- The Twenty-Fifth Amendment: Presidential Vacancy
- The Twenty-Sixth Amendment: Reduction of Voting Age
- The Twenty-Seventh Amendment: Congressional Compensation
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The Bill of Rights
The third part of the United States Constitution is known as the "Bill of Rights." It comprises the first ten amendments and was adopted in 1791, just two years after the main body of the Constitution came into force. The Bill of Rights plays a crucial role in safeguarding the fundamental rights and liberties of American citizens, setting out explicit limitations on the powers of the federal government, and guaranteeing certain personal freedoms.
The creation of the Bill of Rights was a direct response to the demands of Anti-Federalists, who had argued during the Constitutional ratification process that a bill of rights was necessary to protect individual liberties from potential government overreach. While the Federalists initially resisted this idea, they eventually agreed to add a set of amendments to the Constitution to address these concerns and ensure its ratification. James Madison, often referred to as the "Father of the Bill of Rights," took the lead in drafting and proposing these amendments in the first Congress.
The amendments within the Bill of Rights cover a wide range of topics, including freedom of speech, religion, and the press, as well as the right to peaceably assemble and petition the government. They also protect the right to keep and bear arms, guarantee due process of law, protect against unreasonable searches and seizures, and outline criminal justice procedures, including the right to a speedy trial by an impartial jury. In addition, the Bill of Rights reserves certain powers to the states or the people, emphasizing the importance of federalism and limited government.
Over time, the Bill of Rights has been interpreted and applied by the courts, shaping how these rights are understood and enforced. The Supreme Court has played a particularly significant role in this process, issuing rulings that have clarified and expanded upon the original text. While the Bill of Rights initially applied only to the federal government, the Fourteenth Amendment's Due Process Clause has been interpreted to incorporate most of its provisions against the states as well, ensuring that these protections extend to all levels of government in the United States.
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The Federal Government
The Constitution of the United States is the foundation of the Federal Government. It is considered the supreme law of the land, and no law may contradict its principles. The Constitution is a flexible, "living" document that can be amended, although in over 200 years, there have only been 27 amendments.
The executive branch includes executive departments, independent agencies, and other boards, commissions, and committees. The legislative branch, or Congress, is bicameral, comprising the House of Representatives and the Senate. The judicial branch includes the Supreme Court and other federal courts. Each branch can respond to the actions of the other branches through a system of checks and balances. For example, while Congress has the power to create laws, the executive branch under the President can veto legislation, which can then be overridden by Congress. The President also nominates judges to the Supreme Court, but those nominees must be approved by Congress.
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The three branches of government
The Constitution of the United States is the foundation of the Federal Government. It is often referred to as the supreme law of the land, and no law may contradict its principles. The Constitution is a "living" document, meaning it can be amended, though in over 200 years there have only been 27 amendments.
The Constitution is divided into three parts. The first part, the Preamble, outlines the purpose of the document and the Federal Government. The Preamble does not define government powers or individual rights, but it does set out the aspirations that "We the People" have for our government and our way of life as a nation.
The second part of the Constitution, the seven Articles, establishes how the Government is structured and how it operates. The first three articles define the three branches of government and their powers: Legislative, Executive, and Judicial.
The Legislative Branch, or Congress, is responsible for making laws. Congress is divided into two parts, or "Houses": the House of Representatives and the Senate. The bicameral Congress was a compromise between large and small states, balancing representation based on population with equal representation for each state. Each House is responsible for judging the elections, qualifications, and returns of its members, and a majority of each constitutes a Quorum to do business.
The Executive Branch is the office of the President. The President is responsible for guaranteeing every State in the Union a Republican form of government and protecting them against invasion and, when necessary, domestic violence.
The third branch, the Judicial Branch, is the Federal court system. The Judicial Branch ensures that Federal law is supreme, or higher than, state and local laws. This means that if a state law conflicts with a Federal law, Federal law takes precedence.
A system of checks and balances prevents any one of these separate powers from becoming dominant.
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The system of checks and balances
The US Constitution is often called the supreme law of the land, and it is the foundation of the Federal Government. It is a "living" document that can be amended, although in over 200 years there have only been 27 amendments. The third part of the Constitution is called the Amendments, which lists changes to the Constitution; the first 10 are called the Bill of Rights.
The Amendments are an important part of the system of checks and balances, which is a fundamental principle of the design of the American government. The system of checks and balances is based on the concept of the separation of powers, which divides the various powers and functions of the government among separate and relatively independent levels and branches of the federal system. This prevents any one branch from becoming too powerful and protects against tyranny.
The three branches of the US government are the Legislative, Executive, and Judicial branches, and they each have their own specific powers and roles in the system of checks and balances. The Legislative Branch has the power to impeach and remove the President from office if the President has committed treason, high crimes, or misdemeanors. Congress can also override Presidential vetoes by voting on a law again and passing it with a two-thirds majority. Congress must approve the appointment of Federal judges, which gives them influence over the Judicial branch.
The Executive branch, led by the President, has the power to veto acts of Congress by choosing not to sign a law. The President also has general supervision of foreign and military policy, but their treaties must be ratified by the Senate. The Judicial branch can declare acts of the President unconstitutional and can also declare laws passed by Congress to be unconstitutional. The courts can issue orders and injunctions for individuals, including public officials, but they rely on the Executive branch to enforce these orders.
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Frequently asked questions
The third part of the US Constitution is called the Amendments.
The Amendments list changes to the Constitution. The first 10 are called the Bill of Rights.
Article V explains the amendment process, which is different and more difficult than the process for making laws. Two-thirds of the Senate and two-thirds of the House of Representatives must vote to change the Constitution, after which an amendment goes to the state legislatures for a vote.
Examples of Amendments include the Twenty-Third Amendment (District of Columbia Electors), Twenty-Fifth Amendment (Presidential Vacancy), and Twenty-Sixth Amendment (Reduction of Voting Age).
