Malcolm Rivera
The US Constitution is a foundational document that has undergone a series of amendments since its inception. A question that arises is: which option best completes the diagram illustrating the influences on and processes for amending this important document? The answer encompasses several key aspects. Firstly, the Magna Carta, with its emphasis on individual rights and constraints on government power, significantly influenced the US Constitution, particularly the Bill of Rights. Secondly, the diagram can be completed by understanding the process of amending the Constitution, outlined in Article V, which involves proposal and ratification steps. Finally, the emergence of political parties in the US, such as the Federalist and Democratic-Republican parties, can be traced back to differing views on the power of the federal government.
| Characteristics | Values |
|---|---|
| Major influence on | Magna Carta |
| Process for amending | Three-fifths of the states' approval |
| Written with no mention of | Political parties |
| Debate over ratification | Late 18th century |
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What You'll Learn
The US Constitution was influenced by the Magna Carta
The US Constitution, drafted in the summer of 1776, was influenced by the 13th-century Magna Carta. The Magna Carta, or "Great Charter", laid the foundation for the evolution of parliamentary government and subsequent declarations of rights in Great Britain and the United States. It asserted the right to "due process" of law, which was later included in the US Constitution's 5th and 14th Amendments. The phrase "by the law of the land" from the Magna Carta was used in all American documents prior to the Constitution, and its principles were reflected in the constitutions of various states.
The influence of the Magna Carta on the US Constitution is particularly evident in the Bill of Rights, the first ten amendments to the Constitution, ratified by the states in 1791. Amendments five through seven set the ground rules for a fair and speedy jury trial, while the Eighth Amendment prohibits excessive bail and fines, echoing the 20th clause of the Magna Carta. The Founding Fathers were inspired by the Magna Carta as they drafted the US Constitution, aiming to create a new charter for the modern era.
The Pennsylvania Constitution, drafted by Benjamin Franklin, George Bryan, James Cannon, and others, is a notable example of the influence of the Magna Carta on state constitutions. It established a unicameral legislature, an executive assembly without a governor, and voting rights for all free, tax-paying men. The framers sought to reduce the power of a small minority of landowners, creating what has been described as one of the most democratic constitutions in the United States.
The Magna Carta's legacy extended beyond the written words of the Constitution. It symbolised the idea that people could assert their rights against an unjust ruler and that government power could be constrained to defend those rights. This principle was central to both the Declaration of Independence and the United States Constitution. The colonists, influenced by the Magna Carta, demanded liberties such as self-government, freedom from taxation without representation, and the right to a trial by a jury, as guaranteed by "the principles of the English constitution".
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The amendment process is outlined in Article V
Article V of the US Constitution outlines the process for amending the Constitution. It establishes two methods for proposing and ratifying amendments. Firstly, two-thirds of both Houses of Congress must propose amendments, which will then be sent to the states for ratification. This phase requires bipartisan support. The amendment will become part of the Constitution once three-quarters of the states ratify it, either through their legislatures or conventions. This is the most common method of ratification.
The second method involves two-thirds of state legislatures applying to Congress to call a convention for proposing amendments. As with the first method, the amendment will become part of the Constitution once three-quarters of the states ratify it, either through their legislatures or conventions.
Article V also makes certain subjects unamendable. For example, no amendment made before 1808 could affect the first and fourth clauses in the Ninth Section of the first Article. Additionally, no state can be deprived of its equal suffrage in the Senate without its consent.
The amendment process outlined in Article V has been criticised for being too strict and favouring the federal government. However, others argue that it ensures amendments reflect a broad consensus and prevent constitutional provisions that are strongly opposed by a minority of the country. To date, 27 amendments have been officially ratified, with Congress proposing 33 amendments in total.
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Amendments are proposed by a two-thirds vote
The process of amending the US Constitution is outlined in Article V of the Constitution and involves two main steps: proposal and ratification. Amendments can be proposed in one of two ways, both of which require a two-thirds vote. Firstly, an amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is the method used for all amendments so far. Secondly, a national convention can be called by two-thirds of state legislatures, where amendments can be proposed. However, this method has never been used.
The two-thirds vote in each house required for proposing an amendment is a vote of two-thirds of the members present, assuming the presence of a quorum, rather than a vote of two-thirds of the entire membership, present and absent. At least 11,000 proposals to amend the Constitution have been introduced in Congress but were not approved by the two-thirds majority in each house required for submission to the states for ratification.
Once an amendment is proposed, it must be ratified by three-fourths (38 out of 50) of state legislatures or state conventions. This is known as the ratification process. The Archivist of the United States administers the ratification process, following procedures established by the Secretary of State and the Administrator of General Services. The Archivist submits the proposed amendment to the states by sending a letter of notification to each governor, who then formally submits the amendment to their state legislatures or calls for a convention, depending on what Congress has specified.
The process of amending the US Constitution is deliberately challenging to ensure that only amendments with broad consensus are added to the Constitution.
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Ratification requires three-fourths of state legislatures
The process of amending the US Constitution is outlined in Article V, which specifies the proposal and ratification steps. Ratification is a crucial step in this process, requiring the approval of three-fourths (38 out of 50) of state legislatures or conventions. This ensures that any amendment has broad support across the country.
When an amendment is proposed, it is sent to the states for their consideration. Governors play a key role in this process, as they formally submit the proposed amendment to their state legislatures. The state legislatures then deliberate and vote on the amendment. If three-fourths of the state legislatures or conventions approve, the amendment is ratified and becomes part of the US Constitution.
It's important to note that the ratification process can also be initiated by the states themselves. In this scenario, two-thirds of the state legislatures must request a constitutional convention to propose amendments. This method has never been used, but it underscores the involvement of state legislatures in the amendment process.
The ratification process is deliberately challenging to ensure amendments are well-considered and broadly supported. Once an amendment is ratified, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), plays a key role in administering the ratification process. The Archivist works closely with the Director of the Federal Register to review ratification documents and ensure their authenticity and legal sufficiency.
The process of amending the US Constitution, including the critical step of ratification requiring three-fourths of state legislatures, reflects the founding fathers' intention to create a robust and stable framework of governance that can be carefully adapted over time to meet the needs of a changing nation.
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The two-party system emerged post-Constitution
The United States Constitution, which was written in 1789, made no mention of political parties. Many of the nation's founders, including Alexander Hamilton and George Washington, deeply distrusted such partisan groups. However, by the 1790s, political elites had begun to divide themselves into two opposing camps: the Federalists, led by Hamilton, and the Anti-Federalists (or Democratic-Republicans), led by Thomas Jefferson. These factions initially lacked formal Senate organisation but played significant roles in presidential elections.
The Federalists of 1796 were solid supporters of the federal administration and attached themselves to the successful campaign in favour of the Constitution. The followers of Madison and Jefferson, initially referred to as "Anti-Federalists", became known as Republicans, or "Democratic-Republicans". They preferred a decentralised agrarian republic with a limited federal government. The Federalists, on the other hand, favoured a strong central government that supported the interests of commerce and industry and maintained close ties to Britain.
The emergence of these two factions can be attributed to the early political battling between Federalists and Anti-Federalists in the first few decades after the ratification of the Constitution. The winner-takes-all electoral system and specific state and federal laws regarding voting procedures also contributed to the formation of a two-party system. Political scientists like Maurice Duverger and William H. Riker have claimed that there is a strong correlation between voting rules and the type of party system that emerges.
Over time, voters learned not to vote for candidates outside of the two large parties, as their votes for third-party candidates often proved ineffectual. This tendency to gravitate towards one of the two main parties, or "polarization", further entrenched the two-party system.
Since the 1850s, the two largest political parties in the United States have been the Democratic Party and the Republican Party, which together have won every presidential election since 1852 and controlled Congress since at least 1856. Despite keeping the same names, the ideologies, positions, and support bases of these parties have evolved significantly over time in response to social, cultural, and economic developments.
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Frequently asked questions
The correct answer is D. The Magna Carta best completes the diagram. The legacy of the Magna Carta is expressed in the Bill of Rights, the first ten amendments to the Constitution.
The correct answer is B. The amendment is approved by three-fifths of the states. The process for amending the Constitution is outlined in Article V and consists of the proposal and ratification steps.
The correct answer is B. The diagram is completed as follows: 1. The United States Constitution is written with no mention of political parties. 2. Alexander Hamilton and James Madison have differing views on the power of the federal government. 3. The two-party system emerges.
