Amendments: The Constitution's Evolution After Ratification

what was added to the constitution after its ratification

The United States Constitution was ratified on June 21, 1788, when New Hampshire became the ninth state to approve the document. However, the process of ratification was long and arduous, and the Constitution continued to evolve even after it became the official framework of the US government. One of the most significant additions to the Constitution after its initial ratification was the Bill of Rights. Due to public demand, James Madison introduced 17 amendments, of which 12 were adopted by Congress on September 25, 1789, and sent to the states for ratification. By December 15, 1791, three-fourths of the states had ratified 10 of these amendments, which became the Bill of Rights. Other notable compromises made during the Constitutional Convention include the protection of the slave trade for 20 years and proportional representation in the lower house of Congress.

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The Bill of Rights

The United States Constitution was ratified on June 21, 1788, when New Hampshire became the ninth state to approve it. However, some states voiced opposition to the Constitution, arguing that it did not adequately protect individual liberties and rights such as freedom of speech, religion, and the press. As a result, the Massachusetts Compromise was reached in February 1788, which stipulated that amendments to that effect—what became known as the Bill of Rights—would be proposed immediately.

On October 2, 1789, President George Washington sent copies of the 12 amendments to the states for ratification. By December 15, 1791, three-fourths of the states had ratified 10 of these amendments, which became the Bill of Rights. The Bill of Rights was designed to protect individual liberties and rights, including freedom of speech, religion, and the press. It also included protections against cruel and unusual punishment and affirmed that individuals possess fundamental rights beyond those explicitly stated in the Constitution.

The process of adding amendments to the Constitution is outlined in Article Five of the Constitution. A proposed amendment must first be adopted by two-thirds of both houses of Congress or by a national convention requested by two-thirds of the state legislatures. Once a proposal is passed, Congress determines the method of ratification. To become an operative part of the Constitution, the proposed amendment must be ratified by three-fourths of the states (currently 38 out of 50 states).

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Amendments to protect individual liberties

The US Constitution was ratified on June 21, 1788, when New Hampshire became the ninth of 13 states to approve it. However, it did not include a bill of rights to protect individual liberties, which was a major concern for some citizens. This led to calls for amendments to be added to the Constitution to protect these liberties.

During the ratification period, critics argued that the Constitution lacked a bill of rights and did not adequately protect individual liberties and freedoms. As a result, some states, such as North Carolina, refused to ratify the document without these protections. It became evident that a clear list of rights was necessary to reassure citizens that the new federal government would not overstep its authority. Leaders like Thomas Jefferson and George Mason advocated for these additions, emphasizing the need for constitutional protection of personal freedoms to ensure a healthy democracy.

To address these concerns, James Madison, often referred to as the ""Father of the Constitution,," initially proposed a series of amendments that would be woven directly into the text. However, Congress ultimately decided to add them as separate amendments, known as the Bill of Rights. These amendments were designed to limit government power and safeguard individual freedoms. Madison introduced 17 amendments, of which Congress adopted 12 on September 25, 1789, to send to the states for ratification.

The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. They include protections for freedoms such as speech, religion, privacy, and the right to bear arms, as well as due process and trial by jury. The Fourth Amendment, for example, safeguards citizens' right to be free from unreasonable government intrusion into their homes by requiring a warrant. The First Amendment also ensures freedom of speech and worship, prohibiting Congress from making laws establishing religion or restricting free speech. These amendments continue to form the foundation of American civil liberties, providing explicit protections against government overreach.

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The Residence Act

The Act was the result of a compromise between Thomas Jefferson, Alexander Hamilton, and James Madison. The southern states, led by Madison, had blocked a provision to assume the states' debts, arguing that it exceeded the scope of the new constitutional government. In late June 1790, Jefferson hosted a dinner at President Washington's residence in New York City, bringing Madison and Hamilton together. A compromise was reached: the northern delegates agreed to the southerly Potomac River site, and in return, the federal government would assume the states' debts.

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The three-fifths compromise

Slaveholding states wanted their entire population to be counted to determine the number of Representatives they could elect and send to Congress. On the other hand, free states wanted to exclude the counting of slave populations in slave states, as those slaves had no voting rights. The compromise counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives, effectively giving the Southern states more power in the House relative to the North. This compromise was proposed by delegate James Wilson and seconded by Charles Pinckney.

The three-fifths ratio was initially proposed by James Madison, who explained the reasoning behind the ratio in Federalist No. 54, "The Apportionment of Members Among the States." Madison argued that slaves were considered not just as property but also as persons, which justified their inclusion in determining the population for representation and taxation purposes. However, this amendment ultimately failed to gain unanimous approval to amend the Articles of Confederation, falling short by two states.

In 1868, Section 2 of the Fourteenth Amendment superseded and explicitly repealed the Three-Fifths Compromise, ending its role in determining representation and taxation in the United States.

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The Connecticut Compromise

The compromise was approved on July 16, 1787, after a lengthy debate. It was a significant milestone in the drafting of the United States Constitution, ensuring that both small and large states had a voice in the nation's governance. The Connecticut Compromise set the foundation for the legislative structure and representation that would define the United States Congress.

The ratification process for the Constitution was a complex and lengthy endeavour. The document had to be ratified by nine of the thirteen states to become the law of the land. This unusual approach to ratification involved sending copies of the Constitution to each state, which held conventions to accept or reject it. The journey to ratification was arduous, with intense debates and divisions among the states.

The final state needed for ratification, New Hampshire, ratified the Constitution on June 21, 1788, marking the official framework of the United States government. However, it was not until May 29, 1790, that Rhode Island approved the document, completing the ratification process by all states. Amendments and the Bill of Rights were added later, with the Bill of Rights being ratified on December 15, 1791.

Frequently asked questions

A proposed amendment becomes an operative part of the Constitution as soon as it is ratified by three-fourths of the States (38 of the 50 states). Once the Office of the Federal Register verifies the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid.

The Bill of Rights is made up of ten amendments that were ratified on December 15, 1791. They were proposed by James Madison to win support in both houses of Congress and the states.

The Massachusetts Compromise was an agreement between the states to ratify the Constitution on the condition that the First Congress considered the rights and other amendments it proposed.

The Three-Fifths Compromise was an agreement between delegates to protect the slave trade and importation of slaves for 20 years. It also allowed states to count three-fifths of their slaves as part of their populations for representation in the federal government.

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