Malcolm Rivera
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments, beginning with the Bill of Rights, were ratified in 1791. The most recent amendment, the Twenty-seventh Amendment, was ratified in 1992. This amendment prevents members of Congress from granting themselves pay raises during the current session. To date, there have been 27 amendments to the Constitution, with around 150 more proposed during each two-year term of Congress. This raises the question: which version of the US Constitution is currently in effect?
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | The Bill of Rights |
| First Amendment | To provide for the punishment of counterfeiting the securities and current coin of the United States |
| To promote the progress of science and useful arts | |
| To secure for limited times the exclusive right to their respective writings and discoveries for authors and inventors | |
| To constitute tribunals inferior to the Supreme Court | |
| To define and punish piracies and felonies committed on the high seas and offences against the law of nations | |
| To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water | |
| To raise and support armies, but no appropriation of money for longer than two years | |
| 27th Amendment | Prevents members of Congress from granting themselves pay raises during the current session |
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What You'll Learn
The US Constitution is composed of a preamble, seven articles, and 27 amendments
The US Constitution, which came into effect in 1788, is composed of a preamble, seven articles, and 27 amendments. The first three words of the constitution are "We the People", and the full preamble is as follows:
> We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
The seven articles make up the structural constitution, which was signed on September 17, 1787, and ratified on June 21, 1788. Article One, Section Six, Clause One, for example, has been affected by the Twenty-seventh Amendment (1992), which prevents members of Congress from granting themselves pay raises during the current session.
The 27 amendments to the Constitution include the Bill of Rights, which consists of the first 10 amendments, ratified on December 15, 1791. Amendments are proposed by Congress or by a national convention requested by two-thirds of state legislatures. A proposed amendment becomes operative as soon as it is ratified by three-quarters of the states (38 out of 50).
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Amendments: How they are proposed and ratified
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments can be proposed in two ways:
- By Congress with a two-thirds majority vote in both the House of Representatives and the Senate (this is known as a joint resolution and is the method by which all amendments to date have been proposed).
- By a constitutional convention called for by two-thirds of the state legislatures (this method has never been tried).
Once a proposal has been passed by either of these methods, Congress decides on the method of ratification. This can be done via:
- State legislatures: three-fourths of the states (currently 38 out of 50) must ratify the proposed amendment for it to become an operative part of the Constitution.
- State ratifying conventions: this method has only been used once, for the Twenty-first Amendment.
When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to 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. The Director examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
Once the OFR has verified that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify 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 and serves as official notice to Congress and the nation that the amendment process has been completed.
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The role of the Supreme Court
The US Constitution, as inscribed by Jacob Shallus, is on display at the Rotunda in the National Archives Museum. Article III, Section I of the Constitution establishes the federal judiciary, with the judicial power of the United States vested in a Supreme Court and inferior courts ordained and established by Congress.
The Supreme Court is the highest court in the land and the court of last resort for those seeking justice. It plays a crucial role in maintaining a constitutional system of government. Here are some key aspects of the role of the Supreme Court:
- Interpreting the Constitution: The Supreme Court interprets the Constitution and ensures that government actions and laws are consistent with it. It can declare acts of Congress unconstitutional and provide guidance on fundamental issues of governance in a democracy.
- Protecting Civil Rights and Liberties: After the passage of the Fourteenth Amendment in 1869, the Supreme Court ruled that most provisions of the Bill of Rights apply to the states. The Court protects civil rights and liberties by striking down laws that violate the Constitution and safeguarding against laws that may harm or disadvantage certain groups.
- Ensuring Checks and Balances: The Supreme Court ensures that each branch of the government recognizes its limits. It holds federal officers accountable while seeking to maintain a balance with the executive and legislative branches.
- Jurisdiction: The Supreme Court has original jurisdiction over specific cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction over a broad range of cases involving constitutional or federal law, including treaties and admiralty cases.
- Flexibility and Adaptation: The Supreme Court's interpretations of the Constitution are not static. Its rulings can adapt to changing conditions, and its guidance is most effective when reinforced by political life.
- Number of Justices: While the number of justices on the Supreme Court has varied over time, it was fixed at nine shortly after the Civil War. Today, the Court consists of one Chief Justice and eight Associate Justices.
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The Bill of Rights
The US Constitution is a living document that has been amended several times since its inception in 1787. The current version of the US Constitution in effect is the one that includes the 27 amendments that have been ratified over time. The most recent amendment, the 27th Amendment, was ratified in 1992.
The first Congress of the United States proposed 12 amendments to the Constitution on September 25, 1789. Ten of these proposed amendments were ratified on December 15, 1791, and constitute the Bill of Rights. The first eight amendments are known as the "first eight amendments" or the "eight original amendments."
- First Amendment: Congress shall make no law respecting an establishment of religion, prohibiting its free exercise, abridging the freedom of speech, infringing on the freedom of the press, or interfering with the right to assemble and petition the government for a redress of grievances.
- Second Amendment: A well-regulated militia being necessary for a free state, the right of the people to keep and bear arms shall not be infringed.
- Third Amendment: No soldier shall be quartered in any house in peacetime without the owner's consent, nor in wartime except as prescribed by law.
- Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and warrants shall only be issued with probable cause.
- Fifth Amendment: No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law.
- Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.
- Seventh Amendment: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
- Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
- Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
- Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
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Discrepancies in various printed and handwritten versions of the Constitution
The US Constitution has undergone several iterations, with discrepancies arising from handwritten and printed versions. The document on display in the Rotunda at the National Archives Museum is a handwritten transcription by Jacob Shallus, featuring original spelling and punctuation. This version is distinct from the printed copies of the Constitution's penultimate draft, which reside in the papers of Madison, Brearley, and George Washington at the Library of Congress. These copies bear markings made during the Constitutional Convention.
The final printing of the Constitution, produced by Dunlap & Claypoole, consisted of 500 copies with a sole typographical error in Article Five. This error was corrected in subsequent reprints, ensuring the accuracy of the document. The printed and handwritten versions of the Constitution are identical aside from minor interlineations.
The process of revising and finalising the Constitution involved several drafts and iterations. The Committee of "Stile and arrangements" reviewed and revised the document, and new copies of the second draft were printed on September 12 for the convention members. The amended report was read the following day. The penultimate draft exists in four-folio format in the papers mentioned earlier.
On September 15, 1787, 500 copies of the third and final draft were printed, dated September 17, 1787, coinciding with the signing of the engrossed Constitution. This version was sent to the states for ratification. The final printings of the Constitution are rare, with only 12 complete and one incomplete copy known to exist. These prints rarely appear at auctions, making their appearance a notable event.
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Frequently asked questions
The US Constitution that is currently in effect is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights.
The US Constitution was signed on September 17, 1787.
The US Constitution was ratified on June 21, 1788.
The first 52 words of the US Constitution are: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
There have been 27 amendments to the US Constitution to date.
