Malcolm Rivera
The U.S. Constitution, beginning with the words We the People, is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments, ratified on December 15, 1791, are known as the Bill of Rights. The process of amending the Constitution is outlined in Article V, which specifies that two-thirds of both Houses of Congress must propose an amendment, and three-quarters of the states must ratify it for it to become part of the Constitution. The first 12 amendments to the Constitution were proposed by the First Congress of the United States on September 25, 1789, with 10 of these being ratified in 1791, forming the Bill of Rights.
| Characteristics | Values |
|---|---|
| Date of proposal of amendments | September 25, 1789 |
| Number of amendments proposed | 12 |
| Number of amendments ratified | 10 (Articles 3–12) |
| Date of ratification of amendments | December 15, 1791 |
| Number of amendments to the Constitution | 27 |
| First 10 amendments known as | The Bill of Rights |
| Time taken to draft the Constitution | Fewer than 100 working days |
| Date of signing the structural constitution | September 17, 1787 |
| Date of ratification of the structural constitution | June 21, 1788 |
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What You'll Learn
The US Constitution's Bill of Rights
Article 1 was never ratified, and Article 2 was ratified 203 years after it was proposed, in 1992, as the 27th Amendment to the Constitution. The Bill of Rights was proposed in part due to the action of the state legislatures in New York and Virginia, who passed resolutions calling for amendments to be proposed.
The Bill of Rights includes the following:
- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
- Congress shall make no law abridging the freedom of speech, or of the press.
- Congress shall make no law infringing on the right of the people to peaceably assemble and to petition the Government for a redress of grievances.
- The enumeration in the Constitution of certain rights shall not be construed to deny or disparage other rights retained by the people.
- 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.
The Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Amendments are also part of the Bill of Rights.
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Amendments proposed by Congress
The process of amending the United States Constitution is a two-step procedure. Firstly, a proposal to amend the Constitution must be adopted by either a two-thirds majority in both the Senate and the House of Representatives (Congress) or a national constitutional convention. Secondly, the proposed amendment must be ratified by either the legislatures of three-fourths of the states (38 states) or state ratifying conventions in three-fourths of the states (also 38 states). The decision on which ratification method will be used is made by Congress.
Since 1789, Congress has proposed 33 amendments to the Constitution, 27 of which have been ratified. The first 10 amendments, proposed on September 25, 1789, are known as the Bill of Rights and were ratified on December 15, 1791. These amendments include:
- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
- The right of the people to peaceably assemble and to petition the government for a redress of grievances.
- No soldier shall, in time of peace, be quartered in any house without the consent of the owner.
- Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
- The preservation of the right to a jury trial in suits at common law where the value in controversy exceeds twenty dollars.
- The powers not delegated to the United States by the Constitution are reserved to the states or the people.
Some proposed amendments that were not approved by Congress include:
- The Dueling Ban Amendment, which would have prohibited any person involved in a duel from holding federal office.
- An amendment abolishing the Senate, proposed by Representative Victor Berger in 1911 due to his belief that it was corrupt and useless to the country.
- An anti-miscegenation amendment, proposed by Representative Seaborn Roddenbery in 1912, to forbid interracial marriages nationwide.
- An anti-polygamy amendment, proposed by Representative Frederick Gillett in 1914, supported by former Senator from Utah, Frank J. Cannon, and the National Reform Association.
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Ratification of Amendments
The process of amending the US Constitution is laid out in Article V of the Constitution. The process involves two steps: proposing an amendment and ratifying it.
An amendment can be proposed by the US Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of state legislatures. However, in practice, all amendments have been proposed by Congress. Once proposed, the amendment is sent to the states for ratification.
The mode of ratification is determined by Congress. An amendment becomes part of the Constitution when it has been ratified by three-fourths of the states (38 out of 50 states). This can be done through the state legislatures or a state convention, depending on what Congress specifies. The state legislatures have the authority to ratify without waiting for an official notice. When a state ratifies, it sends the Archivist of the United States an original or certified copy of the state action. The Archivist, along with the Director of the Federal Register, is responsible for administering the ratification process.
Once the required number of authenticated ratification documents is received, the OFR 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, serving as official notice to Congress and the nation.
It is important to note that there is no time limit for the ratification of an amendment unless specified. However, Congress has attached a time limit to the ratification of all proposed amendments since the 20th Amendment.
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The US Constitution's rigidity
The US Constitution is considered a rigid constitution, which means that it cannot be modified using the same procedures used to enact ordinary laws. In the US, an amendment typically requires a two-thirds majority in both houses of Congress and then ratification by three-fourths of the states. This makes the US Constitution difficult to amend, and it has been described as "frozen" and "virtually impervious to amendment".
The rigidity of the US Constitution is in contrast to flexible constitutions, such as the UK's, where the rules of the constitution can be modified through the same process as ordinary statutes. In the UK, for example, any constitutional rules can be changed by an act of Parliament.
However, it's important to note that the difficulty of amending the US Constitution may not be solely due to its rigidity. Other factors, such as the political values and attitudes of Americans, also play a role in the low rate of amendments. Additionally, the interpretation of the Constitution by courts and other institutions can change over time, giving its provisions different meanings and scopes.
While the US Constitution is rigid in its amendment process, it does not include all aspects of American constitutional law. There are important parts of the US constitutional framework that are unwritten and exist in the form of practices and conventions, which are more flexible in nature.
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Deputies at the Constitutional Convention
The Constitutional Convention, held in Philadelphia from May 25 to September 17, 1787, was a gathering of delegates, or deputies, from 12 states who were tasked with amending the Articles of Confederation. Of the 74 deputies chosen by their state legislatures, only 55 took part in the proceedings, and of these, 39 signed the Constitution. The deputies were referred to as "delegates", "deputies", or "commissioners", with the term "`deputy`" being used in the Convention itself.
The deputies at the Constitutional Convention included many prominent figures of the time, such as George Washington, who presided over the Convention, Benjamin Franklin, James Madison, James Wilson, John Rutledge, Charles Pinckney, Oliver Ellsworth, and Gouverneur Morris. These individuals were chosen by their state legislatures to represent their states and work towards revising the failing Articles of Confederation.
The Convention was marked by conflicts between deputies from small and large states, with disputes arising over the apportionment of representation. The Virginia Plan, proposed by Edmund Randolph, advocated for a bicameral legislature with representation based on population or wealth, favouring large states. In contrast, the New Jersey Plan, proposed by William Paterson, suggested equal representation in Congress for small states.
The deputies engaged in debates and drafting throughout the summer, eventually arriving at a final text for a new framework of government. A Committee of Detail was appointed on July 24, 1787, to work on the proposed plans, and by mid-September, the deputies had voted on and agreed upon the final text of the Constitution.
The deputies' work at the Constitutional Convention laid the foundation for the United States Constitution, which was signed on September 17, 1787. The document they created established a new scheme of government and addressed the need for a stronger central government in response to the economic troubles and political unrest of the time.
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Frequently asked questions
A constitution embodies the fundamental principles of a government. It is amendable only by the sovereign power that adopted it. All laws, executive actions, and judicial decisions must conform to it.
The Bill of Rights is the first 10 amendments to the U.S. Constitution, ratified on December 15, 1791. They were proposed by Thomas Jefferson and guarantee civil liberties to citizens, including freedom of speech, freedom of the press, and freedom of religion.
There have been 27 amendments to the Constitution to date, beginning with the Bill of Rights.
