Malcolm Rivera
The US Constitution, written in 1787, is a foundational document that establishes the federal government's structure and branches, outlining a system of checks and balances to limit government power and protect individual liberties. It has undergone amendments, including the significant Fourteenth Amendment, which strengthened the Bill of Rights and enshrined the concept of equality under the law. As society evolves, it becomes necessary to periodically introduce new concepts to the Constitution to ensure it remains relevant and reflective of the values and needs of the American people. This process of amendment allows for the inclusion of modern, inclusive rights and ensures that the document adapts to address contemporary political issues and societal changes.
| Characteristics | Values |
|---|---|
| To divide power between the national government and the state governments | Federalism |
| To protect the personal liberty of citizens from government intrusion | Individual rights and freedoms |
| To limit the powers of the federal government | Checks and balances |
| To establish a system of laws that apply fairly to everyone | Rule of law |
| To provide a framework for the structure and function of the government | Separation of powers |
| To outline the powers and limitations of the President | Commander-in-Chief, power to grant pardons and reprieves, appoint federal judges, ambassadors, and other officers |
| To ensure free and fair elections | Voting rights |
| To prohibit the enactment of ex post facto laws and bills of attainder | Prohibition of retroactive laws and laws that single out individuals or groups for punishment |
| To guarantee freedom of speech, religion, and assembly | First Amendment rights |
| To ensure citizen safety and security | Right to bear arms |
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What You'll Learn
- The US Constitution has been amended 27 times since 1787
- Amendments limit government power and protect individual liberties
- Amendments are proposed by Congress or a constitutional convention
- The ratification process is administered by the Archivist of the US
- Amendments must have a major impact or secure citizens' rights
The US Constitution has been amended 27 times since 1787
The US Constitution, drafted in 1787, has been amended 27 times. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. These initial amendments were adopted in response to concerns about the Constitution's lack of protections for individual rights.
The US Constitution is composed of the Preamble, seven articles, and 27 amendments. The Preamble sets the stage for the Constitution, communicating the intentions of its framers and its purpose. It is an introduction to the highest law of the land, but it is not the law itself. The seven articles make up the structural constitution, which was signed on September 17, 1787, and ratified on June 21, 1788.
The Constitution serves several key purposes. Firstly, it establishes a system of checks and balances to avoid the concentration of power in any one branch of government. The federal government is divided into three branches: the executive, legislative, and judicial. The Constitution also divides power between the national and state governments through the principle of federalism. While the federal government has broad powers, it is limited to those enumerated in the Constitution.
Another critical function of the Constitution is protecting citizens' personal liberties from government intrusion. Most protections for individual rights are contained in the Bill of Rights, which includes prohibitions against ex post facto laws and bills of attainder. The Supreme Court has ruled that these protections apply not only to the federal government but also to the states.
The process of amending the Constitution is challenging and time-consuming. A proposed amendment must be passed by a two-thirds majority in both houses of Congress and then ratified by the states. Amendments must address significant issues affecting all Americans or securing citizens' rights. Some recent amendments include granting women the right to vote, abolishing poll taxes, and lowering the minimum voting age. Other proposed amendments include outlawing flag burning, allowing voluntary school prayer, and making English the official language.
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Amendments limit government power and protect individual liberties
The United States Constitution is designed to limit the powers of the federal government and protect the personal liberties of its citizens. The Constitution divides power between the national government and state governments, with the federal government being assigned enumerated powers that are interpreted very broadly.
The first three articles of the Constitution outline the powers of the three branches of the federal government: the executive, legislative, and judicial branches. The executive power is vested in the President, who is the Commander-in-Chief of the Army and has the power to grant pardons and make treaties. The legislative power is given to Congress, which can pass laws over the President's veto. The judicial power is vested in the Supreme Court and other federal courts created by Congress.
The Bill of Rights, which comprises the first ten amendments to the Constitution, further limits government power and protects individual liberties. For example, the First Amendment protects freedom of speech and religion, while the Fourth Amendment safeguards citizens' right to privacy by requiring a warrant for government searches. The Ninth Amendment states that the listing of specific rights in the Constitution does not mean that people do not have other rights that are not explicitly mentioned.
The Tenth Amendment clarifies that the federal government is limited to the powers delegated to it in the Constitution and that any powers not delegated to the federal government are reserved to the states or the people. This amendment has been used to both expand and contract the authority of the federal government, and it has been invoked in Supreme Court decisions to determine whether the federal government has overstepped its bounds.
The Constitution also provides a system of checks and balances to prevent the tyranny of any one branch of government. Most important actions require the participation of more than one branch, and each branch is dependent on the people, who are the source of legitimate authority.
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Amendments are proposed by Congress or a constitutional convention
The United States Constitution was written "to endure for ages to come". Amending the Constitution is a difficult task, and it has only been amended 27 times since 1787. The Constitution can only be changed through the amendment process, and constitutional amendments are rare. Amendments are usually only needed to change or clarify something that the Constitution specifically says. The Constitution is a short document, fewer than 20 pages in most booklet versions, and outlines the structure of the government. Most of the time, changing a law does not require changing the Constitution.
Amendments to the Constitution may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process, and the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format.
The other option for proposing an amendment is a constitutional convention called for by two-thirds of the State legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention. After an amendment is proposed, the Governors formally submit it to their State legislatures or call for a convention, depending on what Congress has specified. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.
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The ratification process is administered by the Archivist of the US
The ratification process is an important concept to add to the constitution because it outlines the steps required for a new amendment to become part of the constitution. The procedure for ratifying the proposed new Constitution of 1787 was critical, as previous attempts to amend the Articles of Confederation had failed due to the requirement for unanimous approval from state legislatures.
The current Archivist of the United States is Dr. Colleen J. Shogan, who is the 11th Archivist and the first woman appointed to the role. The Archivist is the head and chief administrator of the National Archives and Records Administration (NARA) and is responsible for supervising and directing the National Archives. The Archivist is appointed by the President with the consent of the Senate and is tasked with safeguarding and making available for study all permanently valuable records of the federal government, including the original Declaration of Independence, Constitution, and Bill of Rights.
Under Public Law No. 98-497, the Archivist must maintain custody of state ratifications of amendments to the Constitution. When an amendment is approved by the legislatures of at least three-quarters of the states, the Archivist issues a certificate proclaiming the amendment duly ratified and part of the Constitution. The Archivist is also responsible for receiving the original version of all statutes of the United States once enacted and preserving, protecting, and sharing the history of the nation.
The Archivist has specific duties regarding the custody of Electoral College documents in presidential elections, such as certificates of ascertainment and certificates of vote produced by the electors of each state. Additionally, the National Archives, under the direction of the Archivist, publishes documents from the Executive Branch, such as presidential proclamations and executive orders, retaining custody of the original signed documents.
The ratification process is administered by the Archivist of the United States, who plays a crucial role in preserving and protecting the nation's history and ensuring the smooth functioning of the government. The Archivist's duties include safeguarding important documents, facilitating their study, and certifying the ratification of amendments to the Constitution.
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Amendments must have a major impact or secure citizens' rights
The US Constitution has been amended only 27 times since it was drafted in 1787. The first ten amendments, known as the Bill of Rights, were ratified in 1791. These amendments were created to protect the individual rights of American citizens and to limit the government's power over them. They guarantee essential freedoms such as speech, religion, assembly, and the right to bear arms, while also ensuring protections such as due process and trial by jury.
The amendments to the Constitution must have a major impact on the lives of all Americans or secure the rights of citizens. For example, the 14th Amendment, passed by Congress in 1866 and ratified in 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people, granting them citizenship and ensuring equal protection under the law.
Another important amendment that had a significant impact on the rights of citizens is the 19th Amendment, which granted women the right to vote. This amendment ensured that women had an equal voice in the political process and marked a major step forward in the fight for gender equality.
In addition to these amendments, there have been other proposals to amend the Constitution that aim to secure the rights of citizens. For instance, there have been proposals to outlaw flag burning, enact a crime victims' rights amendment, allow voluntary school prayer, and abolish the Electoral College. These proposals reflect the ongoing efforts to ensure that the rights of citizens are protected and that the government's power is limited.
The process of amending the Constitution is deliberately difficult and time-consuming, requiring a two-thirds majority in both houses of Congress and ratification by the states. This ensures that any changes made to the Constitution are carefully considered and have a significant impact on the country and its citizens.
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Frequently asked questions
Adding new concepts to a constitution is important to reflect modern values and ensure the document remains relevant and applicable to the current social and political climate.
The Fourteenth Amendment, added after the Civil War, resolved to protect the "privileges or immunities" and equality of all persons under the law.
The US Constitution was written in 1787 to establish a federal system with a national government composed of three separated powers: legislative, executive, and judicial.
Some have suggested modern additions such as term limits for senators and representatives, the right to privacy, and clearer freedom of speech guidelines.
The US Constitution is underpinned by six big ideas: limited government, republicanism, checks and balances, federalism, separation of powers, and popular sovereignty.
