Isabella Carter
The U.S. Constitution has undergone several amendments since its inception, with certain clauses and amendments rendering parts of the original document inoperative. The Thirteenth Amendment (1865), for example, abolished slavery, and the Fourteenth Amendment (1868) granted citizenship to former slaves and imposed new limits on state power. The Supreme Court's interpretation of the Necessary and Proper Clause in McCulloch v. Maryland (1819) also expanded the federal government's powers. As a result, some parts of the original Constitution are no longer applicable and are lined through to indicate their obsolescence.
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What You'll Learn
Amendments
The US Constitution has been amended several times since its inception. The process of amending the Constitution is outlined in Article V, which requires amendments to be proposed by a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. The proposed amendments then have to be ratified by three-fourths of the state legislatures or by special ratifying conventions in three-fourths of the states.
One of the most significant amendments to the Constitution is the Thirteenth Amendment, which abolished slavery and involuntary servitude, except as punishment for a crime. The Thirteenth Amendment was enacted in 1865, after the Civil War, and it authorized Congress to enforce abolition. This amendment rendered several parts of the original Constitution inoperative.
Another important amendment is the Fourteenth Amendment, which was enacted in 1868 and granted citizenship to former slaves and all persons "subject to U.S. jurisdiction". It also imposed new limits on state power, including protections for citizens' privileges, immunities, and due process rights, and guaranteed equal protection under the law.
The Constitution has also been amended to modify the line of succession to the presidency. Amendment XXV, added in 1967, changed the order of succession outlined in Article II, Section 1. It also addresses situations where the president becomes unable to discharge their powers and duties, establishing a process for declaring the president unfit for office and transferring power to the vice president.
In addition to these amendments, the Constitution has been amended several other times to address various issues, such as the powers of the federal government, the establishment of new states, and the election process. The process of amending the Constitution ensures that it remains a living document that can adapt to the changing needs and values of the nation.
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Strikethroughs
The strikethroughs in the United States Constitution refer to the amendments that have been made to the original document. The original Constitution was ratified in 1787, and since then, several amendments have been made to reflect the changing nature of American society and values.
The Thirteenth Amendment, for example, abolished slavery and involuntary servitude, except as punishment for a crime. This amendment rendered several parts of the original Constitution inoperative, and so these sections were struck through. The Fourteenth Amendment, passed in 1868, granted citizenship to former slaves and placed new limits on state power, including guaranteeing equal protection under the law.
The process of amending the Constitution is outlined in Article V, which states that amendments can be proposed by a two-thirds vote of both houses of Congress or by a national convention called by Congress in response to requests from two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-quarters of the state legislatures or by special ratifying conventions in three-quarters of the states.
The strikethroughs in the Constitution are a reminder of the evolving nature of the document and the efforts of Americans throughout history to form a more perfect union and secure the blessings of liberty for all.
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Judicial review
The power of judicial review in the United States is not explicitly mentioned in the text of the Constitution. However, it has been implied from certain provisions, such as the Supremacy Clause, which states that the Constitution is the "supreme law of the land". This implies that federal statutes are only valid when they are "made in pursuance" of the Constitution, and that any law contrary to the Constitution is void.
The Founding Fathers made several references to the concept of judicial review during the debates at the Constitutional Convention, particularly during the discussion of the Virginia Plan. This plan included a “council of revision” that would have examined and accepted or rejected proposed new federal laws, and included the president and some federal judges. Some delegates objected to the inclusion of federal judges, arguing that the judiciary, through its power to declare laws unconstitutional, already served to protect against legislative encroachment.
The first American decision to recognise the principle of judicial review was Bayard v. Singleton, decided in 1787 by the Supreme Court of North Carolina's predecessor. The North Carolina court and other state courts treated state constitutions as statements of governing law to be interpreted and applied by judges. In 1796, the first case decided by the US Supreme Court involving a direct challenge to the constitutionality of an act of Congress was Hylton v. United States. The Supreme Court reviewed the plaintiff's claim that the Carriage Act of 1794, which imposed a "carriage tax", was unconstitutional. The Court decided that the Act was constitutional.
The power of judicial review was further established by the landmark decision in Marbury v. Madison in 1803. In this case, the Supreme Court asserted its authority to strike down a law as unconstitutional. Chief Justice John Marshall maintained that the Supreme Court's responsibility to overturn unconstitutional legislation was a necessary consequence of their sworn oath of office to uphold the Constitution. The Court also established the doctrine of judicial review by declaring Section 13 of the Judiciary Act of 1789 unconstitutional. This Act gave the Supreme Court the authority to issue writs of mandamus to settle disputes.
The judicial power of the United States is vested in the Supreme Court and such inferior courts as Congress may establish. The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors, and appellate jurisdiction over almost any other case involving a point of constitutional and/or federal law. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction.
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Ratification
> "The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same."
The process of ratification was completed on September 17, 1787, when the final document was engrossed by Jacob Shallus. The Constitution was then signed by thirty-nine delegates, including George Washington, who was the president at the time. Some of the delegates were disappointed with the final result, seeing it as a series of compromises, and three refused to sign. Benjamin Franklin, one of the signatories, summed up this sentiment, saying:
> "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them. [...] I expect no better and [...] I am not sure that it is not the best."
The Constitution has since been amended several times, including the addition of the Thirteenth Amendment in 1865, which abolished slavery, and the Fourteenth Amendment in 1868, which granted citizenship to former slaves. These amendments rendered some parts of the original Constitution inoperative. The Necessary and Proper Clause, as interpreted by the Supreme Court in McCulloch v. Maryland (1819), allows the federal government to take actions that are not explicitly enumerated in the Constitution but are "appropriate" and "consist with the letter and spirit of the Constitution".
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Impeachment
The United States Constitution grants the House of Representatives "the sole Power of Impeachment" (Article I, Section 2). The Senate is then responsible for trying impeachments (Article I, Section 3). The President, Vice President, and all civil officers of the United States are subject to impeachment.
The House of Representatives brings articles (charges) of impeachment against an official, which must be approved by a simple majority vote. The official has then been impeached, and the Senate holds an impeachment trial. In the case of a presidential impeachment trial, the Chief Justice of the United States presides. The Senate will then vote to acquit or convict the impeached official. A two-thirds majority is required to convict, and the penalty for an impeached official upon conviction is removal from office. The Senate may also disqualify such officials from holding public offices in the future.
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Frequently asked questions
The US Constitution has been amended several times since its inception, with certain amendments rendering some parts of the original document inoperative.
The Thirteenth Amendment (1865) abolished slavery and involuntary servitude, rendering several original parts of the Constitution inoperative.
It means that the amended version of the Constitution takes precedence over the original version, and the original version is no longer legally binding.
The Supreme Court is responsible for interpreting the Constitution and determining whether any legislation is contrary to it.
The process of amending the Constitution involves proposing an amendment and then ratifying it. The ratification of the Conventions of nine States is sufficient for the establishment of the amendment.
