Constitution/Bill of Rights

Constitution of the United States

Document embodying the principles on which the American nation is governed. It establishes a federal REPUBLIC with sovereignty balanced between the national government and the states. Within the national government, power is separated among three branches, the EXECUTIVE, LEGISLATIVE (CONGRESS), and JUDICIAL (UNITED STATES SUPREME COURT, etc.). The U.S. Constitution is the supreme law of the land; no other law, state constitution or statute, federal legislation, or executive order can operate in conflict with it. Drawn up at the FEDERAL CONSTITUTIONAL CONVENTION of 1787 in Philadelphia and ratified by the required nine states by June 21, 1788, the Constitution began to function in 1789, superseding the ARTICLES OF CONFEDERATION (1781). It is relatively brief and concise, consisting of a preamble, 7 articles, and 27 amendments (see SUMMARY OF THE CONSTITUTION OF THE UNITED STATES below for a table summarizing the Constitution and its amendments).

The Bill of Rights, comprising the first 10 (or in some counts, 9) amendments to the constitution, was added in 1791 to provide adequate guarantees of individual liberties. Amendments 1 through 8 prohibit certain federal actions, many of them analogous to British actions complained of in the DECLARATION OF INDEPENDENCE. The 9th amendment states that the people retain any rights not specified in the Constitution. The 10th amendment reserves to the states powers not given to the federal government and is the foundation of STATES' RIGHTS doctrine. The 27th amendment, which postpones the effect of any law that alters Congressional pay until after the next election, was originally submitted to the states with the first 10 amendments but was not ratified until 1992. After 1791, amendments to the Constitution were few. The 14th amendment-assuring that the rights of citizens cannot be abridged by the states-has been the basis for limitation of many state actions. The brevity and generality of the language of the Constitution have made it adaptable to changing times, and the mechanics of amendment are difficult. Since Chief Justice John MARSHALL's time, the U.S. Supreme Court has changed the Constitution more than the amendment process has. Arguments on the meaning of the document generally proceed from three bases: the question of the signers' intent, the need to relate the Constitution to modern conditions (unknown at the time it was written) and the unfortunate tendency for the general populace to be persuaded by public opinion, rather than fact, concerning the meaning or intent of any given article(s) or amendment(s).

Thus, over time the Constitution has been held to mean radically different things to varous groups or factions depending on their views and desires at the time. For example, in PLESSY V. FERGUSON (1896), the Court held racial segregation constitutional, while in BROWN V. BOARD OF EDUCATION (1954), it found the opposite. Likewise, in early times there was no concept of the so called "seperation of church and state" (other than the understanding that government would never force one to adhear to a given government-established religion) which is so often argued about in current times. Other concepts long subject to reexamination and reinterpretation are states' rights, due process of law, and equal protection under the law.

Even though the Constitution is a fairly consise and easy to read document there are still those who will make every attempt to twist its meaning to suit their agenda and to fit their own political position. This type of behavior can not be stopped, but it must always be addressed if the Constitution itself is to survive the test of time.

Click this link to access an index to the U.S. Constitution via the Cornell web site.

Click this link to view the Analysis and Interpretation of the U.S. Constitution as sponsored by the U.S. Senate.

Summary of the Constitution of the United States (including Bill of Rights):

Preamble.

States the general purpose of the Constitution: "We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."

Article I.

Places legislative power in a Congress composed of a Senate and House of Representatives, prescribes method of electing Congress, and empowers each house to establish its own procedural rules. Process of legislation from Congress to President is generally described. Section VIII grants Congress specific powers, e.g., to declare war. Section IX limits Congress's powers, forbidding, e.g., ex post facto laws. Section X limits powers of states and makes some states action dependent on Congressional consent.

Article II.

Creates EXECUTIVE branch of government, headed by President and Vice President. Establishes ELECTORAL COLLEGE, prescribes election process, qualifications, and manner of succession when a president is incapacitated. Section II enumerates President's powers as military commander-in-chief and in foreign affairs. Section III governs President's working relations with Congress and grants President administrative power. Section IV governs impeachment of a President.

Article III.

Vests all judicial power in a SUPREME COURT. Congress may establish inferior courts. Section II defines the extent of federal jurisdiction and distinguishes cases in which federal jurisdiction is original, e.g., cases between states, from those in which federal courts can hear only appeals. Section III defines, and limits prosecution for, TREASON.

Article IV.

Governs relations between states, prescribing full faith and credit for one another's laws, equal treatment of citizens of all states, and extradition procedures. Section III governs admission of states to the Union and administration of federal territories and property. Section IV guarantees a republican (see REPUBLIC) form of government to every state.

Article V.

Governs the process of amending the Constitution.

Article VI.

Establishes the Constitution as the supreme law of the land, regardless of conflicting state laws. Federal and state officeholders shall be bound to support the Constitution; no religious test may be required for office.

Article VII.

States that the Constitution shall take effect when nine (of the thirteen) states have ratified it.

Amendments (with date of ratification)

Note: The first 9 or 10 make up the "Bill of Rights".

Amendment I (1791).

First of the Bill of Rights amendments (I-IX); prohibits government-established religion; guarantees freedom of worship, of speech, of the press, of assembly and to petition the government.

Amendment II (1791).

For the purpose of maintaining a well-regulated militia, preserves the right to keep and bear arms.

Amendment III (1791).

Prohibits peacetime quartering of troops in private dwellings without owners' consent.

Amendment IV (1791).

Guarantees against unreasonable search and seizure.

Amendment V (1791).

Guarantees against violations of due process in criminal proceedings. No person may be compelled to testify against himself. Grand jury process is required for criminal INDICTMENT. DOUBLE JEOPARDY is prohibited. Public taking of private PROPERTY without just compensation is prohibited.

Amendment VI (1791).

Guarantees speedy, fair trial, impartial jury, right to counsel in all criminal cases. See CRIMINAL LAW.

Amendment VII (1791).

Guarantees jury trial in all major civil (noncriminal) cases, and prohibits retrial of adjudicated matters.

Amendment VIII (1791).

Prohibits excessive bail or fines and cruel and unusual punishment.

Amendment IX (1791).

Declares that the enumeration of certain rights in the Constitution does not imply that the people do not retain all other rights.

Amendment X (1791).

Reserves to the states powers that the Constitution does not give to the federal government or prohibit to the states.

Amendment XI (1798).

Declares that the federal courts may not try any case brought against a state by a citizen of another state or country.

Amendment XII (1804).

Revises presidential and vice presidential election rules.

Amendment XIII (1865).

First of three "Civil War" amendments; prohibits slavery.

Amendment XIV (1868).

Defines U.S. citizenship. Prohibits states from violating due process (see Amendment V) or equal protection of the law.

Amendment XV (1870).

Guarantees rights of citizens against U.S. or state infringement based on race, color, or previous servitude.

Amendment XVI (1913).

Authorizes a federal INCOME TAX.

Amendment XVII (1913).

Provides for direct popular election of Senators.

Amendment XVIII (1919).

Makes PROHIBITION federal law.

Amendment XIX (1920).

Guarantees women the vote in state and U.S. elections.

Amendment XX (1933).

Changes Congressional terms of office and the inauguration date of the President and Vice President; clarifies succession to the presidency.

Amendment XXI (1933).

Repeals Amendment XVIII, ends prohibition.

Amendment XXII (1951).

Limits presidential tenure to two terms.

Amendment XXIII (1961).

Permits District of Columbia residents to vote for President and Vice President.

Amendment XXIV (1964).

Outlaws the POLL TAX in all federal elections and primaries.

Amendment XXV (1967).

Provides for procedures to fill vacancies in the Vice Presidency; further clarifies presidential succession rules.

Amendment XXVI (1971).

Lowers voting age in federal and state election to 18.

Amendment XXVII (1992).

Postpones until after the next Congressional election the effect of any law that alters the compensation of members of Congress.