Constitution of the United States - Wikipedia

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Constitution of the United States
Page one of
Jacob Shallus
' officially
engrossed
copy of the Constitution signed in
Philadelphia
by delegates of the
Constitutional Convention
in 1787
Overview
Jurisdiction
United States
Created
September 17, 1787
Presented
September 28, 1787
Ratified
June 21, 1788 (9 of 13 states)
Date effective
March 4, 1789
(237 years ago)
1789-03-04
System
Federal
presidential
republic
Government structure
Branches
Chambers
Bicameral
Executive
President
Judiciary
Supreme
Circuits
Districts
Federalism
Yes
Electoral college
Yes
Entrenchments
2, 1 still active
History
First legislature
March 4, 1789 (11 of 13 states)
First executive
April 30, 1789
First court
February 2, 1790
Amendments
27
Last amended
May 5, 1992
Citation
The Constitution of the United States of America, As Amended
(PDF)
, July 25, 2007
Location
National Archives Building
in
Washington, D.C.
, U.S.
Commissioned by
Congress of the Confederation
in
Philadelphia
, U.S.
Author
Philadelphia Convention
Signatories
39 of the 55 delegates
Media type
Parchment
Supersedes
Articles of Confederation
Full text
Constitution of the United States of America
at
Wikisource
This article is part of
a series
on the
Constitution
of the United States
Preamble and Articles
Preamble
II
III
IV
VI
VII
Amendments to the Constitution
II
III
IV
VI
VII
VIII
IX
XI
XII
XIII
XIV
XV
XVI
XVII
XVIII
XIX
XX
XXI
XXII
XXIII
XXIV
XXV
XXVI
XXVII
Unratified Amendments
Congressional Apportionment
Titles of Nobility
Corwin
Child Labor
Equal Rights
D.C. Voting Rights
History
Drafting and ratification timeline
Convention
Signing
Federalism
Republicanism
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Reconstruction Amendments
Full text
Preamble and Articles I–VII
Amendments I–X
Amendments XI–XXVII
Unratified Amendments
United States portal
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This article is part of a series on the
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Part of a series on the
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Declaration of Independence (painting)
The
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* "
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27 colonial grievances
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Reading of the United States Constitution of 1787
The
Constitution of the United States
is the
supreme law
of the
United States of America
It superseded the
Articles of Confederation
, the nation's first
constitution
, on March 4, 1789. Originally including seven articles, the Constitution defined the foundational structure of the
federal government
The
drafting of the Constitution
by many of the nation's
Founding Fathers
, often referred to as its framing, was completed at the
Constitutional Convention
, which assembled at
Independence Hall
in
Philadelphia
between May 25 and September 17, 1787.
Influenced by
English common law
and the Enlightenment
liberalism
of philosophers like
John Locke
and
Montesquieu
, the Constitution's first three articles embody the doctrine of the
separation of powers
, in which the federal government is divided into the
legislative
bicameral
Congress;
the
executive
, led by the
president
and the
judiciary
, within which the
Supreme Court
has
apex jurisdiction
Articles
IV
, and
VI
embody concepts of
federalism
, describing the rights and responsibilities of
state governments
, the
states
in relationship to the
federal government
, and the process of constitutional amendment.
Article VII
establishes the procedure used to
ratify
the constitution.
Since the Constitution became operational in 1789, it has been
amended
27 times.
The first ten amendments, known collectively as the
Bill of Rights
, offer specific protections of individual liberty and justice and place restrictions on the powers of government within the U.S. states.
Amendments 13–15 are known as the
Reconstruction Amendments
. The majority of the later amendments expand individual
civil rights
protections, with some addressing issues related to
federal authority
or modifying government processes and procedures. Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to the document.
The Constitution of the United States is the oldest and longest-standing
written and codified national constitution
in force in the world.
The first permanent constitution,
it has been interpreted, supplemented, and implemented by a large body of
federal constitutional law
and has influenced the constitutions of other nations.
History
See also:
History of the United States Constitution
For a chronological guide, see
Timeline of drafting and ratification of the United States Constitution
Background
Main article:
Articles of Confederation
From September 5, 1774, to March 1, 1781, the
Second Continental Congress
, convened in
Philadelphia
in what is now
Independence Hall
, functioned as the
provisional government
of the United States. Delegates to the
First Continental Congress
in 1774 and then the Second Continental Congress from 1775 to 1781 were chosen largely from the revolutionary
committees of correspondence
in various colonies rather than through the
colonial governments of the Thirteen Colonies
12
The
Articles of Confederation and Perpetual Union
was the first constitution of the United States.
13
The document was drafted by a committee appointed by the
Second Continental Congress
in mid-June 1777 and was adopted by the full Congress in mid-November of that year. Ratification by the 13 colonies took more than three years and was completed March 1, 1781. The Articles gave little power to the central government. While the
Confederation Congress
had some decision-making abilities, it lacked enforcement powers. The implementation of most decisions, including amendments to the Articles, required legislative approval by all 13 of the newly formed states.
14
15
Despite these limitations, based on the Congressional authority granted in Article 9, the league of states was considered as
strong
clarification needed
as any similar republican confederation ever formed.
16
The chief problem was, in the words of
George Washington
, "no money".
17
The Confederated Congress could print money, but it was worthless,
why?
and while the Congress could borrow money, it could not pay it back.
17
No state paid its share of taxes to support the government, and some paid nothing. A few states met the interest payments toward the national debt owed by their citizens, but nothing greater, and no interest was paid on debts owed to foreign governments. By 1786, the United States was facing
default
on its outstanding debts.
17
Under the Articles, the United States had little ability to defend its
sovereignty
. Most of the troops in the nation's 625-man army were deployed facing non-threatening
British
forts on American soil. Soldiers were not being paid, some were deserting, and others were threatening mutiny.
18
Spain
closed
New Orleans
to American commerce, despite the protests of U.S. officials. When
Barbary pirates
began seizing American ships of commerce, the Treasury had no funds to pay toward ransom. If a military crisis required action, the Congress had no credit or taxing power to finance a response.
17
Domestically, the Articles of Confederation was failing to bring unity to the diverse sentiments and interests of the various states. Although the
Treaty of Paris
in 1783 was signed between Britain and the U.S., and named each of the American states, various states proceeded to violate it.
New York
and
South Carolina
repeatedly prosecuted
Loyalists
for wartime activity and redistributed their lands.
17
Individual state legislatures independently laid embargoes, negotiated directly with foreign authorities, raised armies, and made war, all violating the letter and the spirit of the Articles.
citation needed
In September 1786, during the
inter–state Annapolis convention
to discuss and develop a consensus about reversing the protectionist trade barriers that each state had erected,
James Madison
questioned whether the Articles of Confederation was a binding compact or even a viable government.
Connecticut
paid nothing and "positively refused" to pay U.S. assessments for two years.
19
A rumor at the time was that a
seditious
party of New York legislators had opened a conversation with the
Viceroy of Canada
. To the south, the British were said to be openly funding
Creek
Indian raids on Georgia, and the state was under
martial law
20
Additionally, during
Shays' Rebellion
(August 1786 – June 1787) in Massachusetts, Congress could provide no money to support an endangered constituent state. General
Benjamin Lincoln
was obliged to raise funds from Boston merchants to pay for a volunteer army.
21
Congress could do nothing significant without nine states, and some legislation required all 13. When a state produced only one member in attendance, its vote was not counted. If a state's delegation was evenly divided, its vote could not be counted towards the nine-count requirement.
22
The Congress of the Confederation had "virtually ceased trying to govern".
23
The vision of a respectable nation among nations seemed to be fading in the eyes of revolutionaries such as
George Washington
Benjamin Franklin
, and
Rufus King
. Their dream of a
republic
, a nation without hereditary rulers, with power derived from the people in frequent elections, was in doubt.
24
25
On February 21, 1787, the Confederation Congress called a convention of state delegates in
Philadelphia
to propose revisions to the Articles.
26
Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the Articles of Confederation". The convention was not limited to commerce but intended to "render the federal constitution adequate to the exigencies of government and the preservation of the Union".
27
1787 drafting
Main articles:
Constitutional Convention (United States)
and
James Madison as Father of the Constitution
Scene at the Signing of the Constitution of the United States on September 17, 1787
, a 1940 portrait by
Howard Chandler Christy
depicting the signing of the Constitution in Philadelphia
On the appointed day, May 14, 1787, only the Virginia and Pennsylvania delegations were present, and the convention's opening meeting was postponed for lack of a quorum.
28
A quorum of seven states met on May 25, and deliberations began. Eventually 12 states were represented, with Rhode Island refusing to participate.
29
Of the 74 delegates appointed by the states, 55 attended.
29
The convention's initial mandate was limited to amending the Articles of Confederation, which had proven highly ineffective in meeting the young nation's needs.
30
Almost immediately, however, the delegates began considering measures to replace the Articles of Confederation.
31
Two plans for structuring the federal government arose shortly after the convention's outset:
The first proposal discussed, introduced by delegates from
Virginia
, was known as the
Virginia Plan
Large State Plan
, or the
Randolph Plan
. It called for a bicameral Congress that was to be elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch.
32
Generally favoring the most highly populated states, it used the philosophy of
John Locke
to rely on consent of the governed,
Montesquieu
for divided government, and
Edward Coke
to emphasize
civil liberties
32
The alternative to the
Virginia Plan
, known as the
New Jersey Plan
, also called for an elected executive but retained the legislative structure created by the Articles, a unicameral Congress where all states had one vote.
33
Generally favoring the less-populous states, it used the philosophy of English
Whigs
, such as
Edmund Burke
, to rely on received procedure and the jurist
William Blackstone
to emphasize sovereignty of the legislature. This position reflected the belief that the states were independent entities and, as they entered the United States of America freely and individually, remained so.
33
On May 31, the Convention devolved into the
Committee of the Whole
, charged with considering the Virginia Plan. On June 13, the Virginia resolutions in amended form were reported out of committee. The New Jersey Plan was put forward in response to the Virginia Plan.
citation needed
On June 19, 1787, delegates rejected the New Jersey Plan with three states voting in favor, seven against, and one divided. The plan's defeat led to a series of compromises centering primarily on two issues: slavery and proportional representation.
34
35
Scope of judicial power
Proposals by Madison (Virginia) and Wilson (Pennsylvania) called for a supreme court veto over national legislation. This proposal resembled the system in New York, where the Constitution of 1777 called for a "
Council of Revision
" by the governor and justices of the state supreme court, which council would review and veto any passed legislation. Madison's proposal was defeated three times and replaced by a presidential veto with congressional override.
36
The justification for judicial review is to be explicitly found in the open ratifications held in the states and reported in their newspapers.
John Marshall
in Virginia,
James Wilson
in Pennsylvania and
Oliver Ellsworth
of Connecticut all argued for Supreme Court judicial review of acts of state legislature. In
Federalist No. 78
, Alexander Hamilton advocated the doctrine of a written document held as a superior enactment of the people. "A limited constitution can be preserved in practice no other way" than through courts which can declare void any legislation contrary to the Constitution. The preservation of the people's authority over legislatures rests "particularly with judges."
37
Connecticut and Three-Fifths Compromise
The issue of proportional representation was of concern to less populous states, which under the Articles had the same power as larger states.
39
From July 2 to 16,
40
a Committee of Eleven, including one delegate from each state represented, met to work out a compromise on the issue of representation in the federal legislature. All agreed to a republican form of government grounded in representing the people in the states. For the legislature, two issues were to be decided: (i) how the votes were to be allocated among the states in the Congress, and (ii) how the representatives should be elected. In its report, now known as the
Connecticut Compromise
(or "Great Compromise"), the committee proposed proportional representation for seats in the
House of Representatives
based on population (with the people voting for representatives), equal representation for each state in the
Senate
(with each state's legislators generally choosing their respective senators), and that all money bills would originate in the House.
41
The Great Compromise ended the stalemate between patriots and nationalists, leading to numerous other compromises in a spirit of accommodation.
citation needed
The issue of slavery pitted Northern states, where slavery was slowly being abolished, against Southern states, whose agricultural economies depended on slave labor.
42
To satisfy interests in the South, the delegates agreed to protect the slave trade for 20 years.
43
Slavery was protected further by the
Three-Fifths Compromise
, which allowed states to count three-fifths of their slaves as part of their populations, for the purpose of representation in the federal government, and by requiring the return of escaped slaves to their owners, even if captured in states where slavery had been abolished.
44
Further compromises were also made on
presidential
term, powers, and method of selection, as well as the jurisdiction of the federal judiciary.
citation needed
While these compromises held the Union together and aided the Constitution's ratification, slavery continued for eight more decades, and less populous states continue to have disproportional representation in the
U.S. Senate
and
Electoral College
45
35
Drafting and signature
On July 24, a
Committee of Detail
, including
John Rutledge
(South Carolina),
Edmund Randolph
(Virginia),
Nathaniel Gorham
(Massachusetts),
Oliver Ellsworth
(Connecticut), and
James Wilson
(Pennsylvania), was elected to draft a detailed constitution reflective of the resolutions passed by the convention up to that point.
46
The Convention recessed from July 26 to August 6 to await the report of this "Committee of Detail". Overall, the report of the committee conformed to the resolutions adopted by the convention, adding some elements. A twenty-three article (plus preamble) constitution was presented.
47
From August 6 to September 10, the report of the committee of detail was discussed, section by section and clause by clause. Details were attended to, and further compromises were effected.
40
46
Toward the close of these discussions, on September 8, a Committee of Style and Arrangement, including
Alexander Hamilton
from
New York
William Samuel Johnson
from
Connecticut
Rufus King
from
Massachusetts
James Madison
from Virginia, and
Gouverneur Morris
from Pennsylvania, was appointed to distill a final draft constitution from the 23 approved articles.
46
The final draft, presented to the convention on September 12, contained seven articles, a
preamble
and a
closing endorsement
, of which Morris was the primary author.
29
The committee also presented a proposed letter to accompany the constitution when delivered to Congress.
48
The original U.S. Constitution
49
was handwritten on five pages of
parchment
by
Jacob Shallus
50
The final document was taken up on Monday, September 17, at the convention's final session. Several of the delegates were disappointed in the result, a makeshift series of unfortunate compromises. Some delegates left before the ceremony and three others refused to sign. Of the thirty-nine signers,
Benjamin Franklin
summed up, addressing the convention: "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them." He would accept the Constitution, "because I expect no better and because I am not sure that it is not the best".
51
The advocates of the Constitution were anxious to obtain unanimous support of all twelve states represented in the convention. Their accepted formula for the closing endorsement was "Done in Convention, by the unanimous consent of the States present". At the end of the convention, the proposal was agreed to by eleven state delegations and the lone remaining delegate from New York, Alexander Hamilton.
52
Ratification by the states
Further information:
History of the United States Constitution § Ratification of the Constitution
Dates the 13 original U.S. states ratified the Constitution
Within three days of its signing on September 17, 1787, the Constitution was submitted to the
Congress of the Confederation
, then sitting in New York City, the nation's temporary capital.
53
54
55
The document, originally intended as a revision of the Articles of Confederation, instead introduced a completely new form of government.
56
57
58
While members of Congress had the power to reject it, they voted unanimously on September 28 to forward the proposal to the thirteen states for their
ratification
59
60
Under the process outlined in
Article VII
of the proposed Constitution, the state legislatures were tasked with organizing "Federal Conventions" to ratify the document. This process ignored the amendment provision of the
Articles of Confederation
which required unanimous approval of all the states. Instead, Article VII called for ratification by just nine of the 13 states—a two-thirds majority.
61
14
62
Two factions soon emerged, one supporting the Constitution, the
Federalists
, and the other opposing it, the so-called
Anti-Federalists
63
64
Over the ensuing months, the proposal was debated, criticized, and expounded upon clause by clause. In the state of
New York
, at the time a hotbed of anti-Federalism, three delegates from the Philadelphia Convention who were also members of the Congress—
Hamilton
Madison
, and
Jay
—published a series of commentaries, now known as
The Federalist Papers
, in support of ratification.
65
66
Before year's end, three state legislatures voted in favor of ratification. Delaware was first, voting unanimously 30–0; Pennsylvania second, approving the measure 46–23;
67
68
69
and New Jersey third, also recording a unanimous vote.
70
As 1788 began, Connecticut and Georgia followed Delaware's lead with almost unanimous votes, but the outcome became less certain as leaders in key states such as Virginia, New York, and Massachusetts expressed concerns over the lack of protections for people's rights.
71
72
73
74
Fearing the prospect of defeat, the Federalists relented, promising that if the Constitution was adopted, amendments would be added to secure individual liberties.
75
With that, the anti-Federalists' position collapsed.
76
On June 21, 1788, New Hampshire became the ninth state to ratify. Three months later, on September 17, the Congress of the Confederation certified the ratification of eleven states, and passed resolutions setting dates for choosing the first senators and representatives, the first Wednesday of January (January 7, 1789); electing the first president, the first Wednesday of February (February 4); and officially starting the new government, the first Wednesday of March (March 4), when the first Congress would convene in New York City.
77
As its final act, the Congress of Confederation agreed to acquire 100 square miles of land from Maryland and Virginia for establishing a permanent capital.
North Carolina waited to ratify the Constitution until after the
Bill of Rights
was passed by the new Congress, and
Rhode Island's ratification
would only come after a threatened trade embargo.
78
79
Aftermath
Federal judiciary
The Supreme Court was initially made up of jurists who had been intimately connected with the framing of the Constitution and the establishment of its government as law.
John Jay
(New York), a co-author of
The Federalist Papers
, served as chief justice for the first six years. The second chief justice,
John Rutledge
(South Carolina), was appointed by Washington in 1795 as a recess appointment, but was not confirmed by the Senate. Resigning later that year, he was succeeded in 1796 by the third chief justice,
Oliver Ellsworth
(Connecticut).
80
Both Rutledge and Ellsworth were delegates to the Constitutional Convention.
John Marshall
(Virginia), the fourth chief justice, had served in the Virginia Ratification Convention in 1788. His 34 years of service on the Court would see some of the most important rulings to help establish the nation the Constitution had begun. Other early members of the Supreme Court who had been delegates to the Constitutional Convention included
James Wilson
(Pennsylvania) for ten years, and
John Blair Jr.
(Virginia) for five years.
citation needed
Section 1, Article 3 provides that Congress can create lower (or "inferior") courts. The
Judiciary Act of 1789
saw Congress's first exercise of such power. Currently, Title 28 of the U.S. Code describes judicial powers and administration.
81
As of the First Congress, the Supreme Court justices rode circuit to sit as panels to hear appeals from the
district courts
In 1891, Congress enacted a new system, where district courts would have
original jurisdiction
; intermediate appellate
circuit courts
with
exclusive jurisdiction
heard regional appeals before consideration by the Supreme Court; and the Supreme Court holds
discretionary jurisdiction
81
No part of the Constitution expressly authorizes
judicial review
, but the framers did contemplate the idea, and precedent has since established that the courts could exercise judicial review over the actions of Congress or the executive branch. To establish a federal system of national law, considerable effort goes into developing a spirit of
comity
between federal government and states. By the doctrine of
res judicata
, federal courts give "full faith and credit" to State Courts.
The Supreme Court will decide Constitutional issues of state law only on a case-by-case basis, and only by strict Constitutional necessity, independent of state legislators' motives, their policy outcomes or its national wisdom.
Two conflicting federal laws are under "pendent" jurisdiction if one presents a strict constitutional issue. Federal court jurisdiction is rare when a state legislature enacts something as under federal jurisdiction.
Amendments
Clauses 4 and 9 of Article One, Section 9 were explicitly shielded from Constitutional amendment prior to 1808. On January 1, 1808, the first day it was permitted to do so, Congress approved legislation
prohibiting the importation of slaves
into the country. On February 3, 1913, with ratification of the
Sixteenth Amendment
, Congress gained the authority to levy an
income tax
without apportioning it among
the states
or basing it on the
United States Census
Influences
John Locke
, author of
Two Treatises of Government
The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The
Due Process Clause
of the Constitution was partly based on
common law
and on
Magna Carta
(1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler.
82
83
The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century
Enlightenment
philosophers, such as
Montesquieu
and
John Locke
84
The influence of Montesquieu, Locke,
Edward Coke
and
William Blackstone
were evident at the Constitutional Convention. Prior to and during the framing and signing of the Constitution, Blackstone,
Hume
Locke
and
Montesquieu
were among the political philosophers most frequently referred to.
85
James Madison, for example made frequent reference to Blackstone, Locke, and Montesquieu,
86
who were among the most prominent political theorists of the late eighteenth century.
87
While the ideas of unalienable rights, the separation of powers and the structure of the Constitution were largely influenced by the European Enlightenment thinkers, like
Montesquieu
John Locke
and others,
85
88
89
Benjamin Franklin and
Thomas Jefferson
still had reservations about the existing forms of government in Europe.
90
In a speech at the Constitutional Convention Franklin stated, "We have gone back to ancient history for models of Government, and examined different forms of those Republics ... And we have viewed modern States all round Europe but find none of their Constitutions suitable to our circumstances."
91
Jefferson maintained, that most European governments were
autocratic
monarchies
and not compatible with the
egalitarian
character of the American people.
English law
Historian
Jack P. Greene
maintains that by 1776 the founders drew heavily upon
Magna Carta
and the later writings of "Enlightenment rationalism" and English
common law
In his
Institutes of the Lawes of England
, Coke interpreted Magna Carta protections and rights to apply not just to nobles, but to all British subjects. In writing the
Virginia Charter of 1606
, he enabled the King in Parliament to give those to be born in the colonies all rights and liberties as though they were born in England. William Blackstone's
Commentaries on the Laws of England
are considered the most influential books on law in the new republic.
85
92
The English
Bill of Rights (1689)
was an inspiration for the American Bill of Rights. Both require
jury trials
, contain a
right to keep and bear arms
, prohibit excessive
bail
and forbid "
cruel and unusual punishments
".
93
Many liberties protected by state constitutions and the
Virginia Declaration of Rights
were incorporated into the Bill of Rights.
94
Upon the arrival of the American Revolution, many of the rights guaranteed by the Federal Bill of Rights were recognized as being inspired by English law.
93
A substantial body of thought had been developed from the literature of
republicanism in the United States
, typically demonstrated by the works of
John Adams
, who often quoted Blackstone and Montesquieu verbatim, and applied to the creation of
state constitutions
95
Enlightenment philosophy
Historian
Herbert W. Schneider
held that the
Scottish Enlightenment
was "probably the most potent single tradition in the American Enlightenment" and the advancement of personal liberties.
96
Historian
Daniel Walker Howe
notes that
Benjamin Franklin
greatly admired
David Hume
, an eighteenth-century Scottish philosopher, and had studied many of his works while at Edinburgh in 1760. Both embraced the idea that high-ranking public officials should receive no salary
97
and that the lower class was a better judge of character when it came to choosing their representatives.
98
Following the
Glorious Revolution
of 1688, British political philosopher John Locke was a major influence,
99
expanding on the contract theory of government advanced by
Thomas Hobbes
, his contemporary.
100
Locke advanced the principle of
consent of the governed
in his
Two Treatises of Government
. Government's duty under a
social contract
among the sovereign people was to serve the people by protecting their rights. These basic rights were
life, liberty, and property
101
Montesquieu's influence on the framers is evident in Madison's
Federalist No. 47
and Hamilton's
Federalist No. 78
Thomas Jefferson
, Adams, and Mason were known to read Montesquieu.
102
Montesquieu emphasized the need for balanced forces pushing against each other to prevent tyranny (reflecting the influence of
Polybius
's 2nd century BC treatise on the
checks and balances
of the
Roman Republic
). In his
The Spirit of Law
, Montesquieu maintained that the separation of state powers should be by its service to the people's liberty: legislative, executive and judicial,
103
104
while also emphasizing that the idea of separation had for its purpose the even distribution of authority among the several branches of government.
105
Supreme Court Justices
, the ultimate interpreters of the constitution, have also cited Montesquieu throughout the Court's history.
106
(See,
e.g.
Green v. Biddle
, 21 U.S. 1, 1, 36 (1823).
United States v. Wood
, 39 U.S. 430, 438 (1840).
Myers v. United States
, 272 U.S. 52, 116 (1926).
Nixon v. Administrator of General Services
, 433 U.S. 425, 442 (1977).
Bank Markazi v. Peterson
, 136 U.S. 1310, 1330 (2016).)
Iroquois
American Indian history scholars
Donald Grinde
and
Bruce Johansen
claim there is "overwhelming evidence" that
Iroquois Confederacy
political concepts and ideas
influenced the U.S. Constitution
107
and are considered to be the most outspoken supporters of the Iroquois thesis.
108
The idea as to the extent of that influence on the founding, however, varies among historians and has been questioned or criticized by various historians, including Samuel Payne,
109
William Starna, George Hamell,
110
and historian and archaeologist
Philip Levy
, who claims the evidence is largely coincidental and circumstantial.
111
The most outspoken critic, anthropologist
Elisabeth Tooker
, claimed the Iroquois influence thesis is largely the product of "white interpretations of Indians" and "scholarly misapprehension".
112
113
John Napoleon Brinton Hewitt
, who was born on the
Tuscarora Indian Reservation
, and was an
ethnologist
at the
Smithsonian Institution
's
Bureau of Ethnology
is often cited by historians of Iroquois history. Hewitt, however, rejected the idea that the Iroquois League had a major influence on the
Albany Plan of Union
, Benjamin Franklin's plan to create a unified government for the
Thirteen Colonies
, which was rejected.
112
Structure
The Constitution includes four sections: an introductory paragraph titled Preamble, a list of seven Articles that define the government's framework, an untitled closing endorsement with the signatures of 39 framers. 27 amendments have also been adopted under Article V.
Preamble
Main article:
Preamble to the United States Constitution
We the People
" in its original edition
Reading of the 1787 United States Constitution
The Preamble, the Constitution's introductory paragraph, lays out the purposes of the new government:
114
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.
The opening words, "
We the People
", represented a new thought: the idea that the people and not the states were the source of the government's legitimacy.
115
116
117
118
119
120
Coined by
Gouverneur Morris
of Pennsylvania, who chaired the convention's Committee of Style, the phrase is considered an improvement on the section's original draft which followed the words
We the People
with a list of the 13 states.
121
114
In place of the names of the states Morris substituted "of the United States" and then listed the Constitution's six goals, none of which were mentioned originally.
122
123
Closing endorsement
The signatures in the closing endorsement section of the United States Constitution
The
signing of the United States Constitution
occurred on September 17, 1787, when 39 delegates endorsed the constitution created during the convention. In addition to signatures, this closing endorsement, the Constitution's
eschatocol
, included a brief declaration that the delegates' work has been successfully completed and that those whose signatures appear on it subscribe to the final document. Included are a statement pronouncing the document's adoption by the states present, a formulaic dating of its adoption, and the delegates' signatures. Additionally, the convention's secretary,
William Jackson
, added a note to verify four amendments made by hand to the final document, and signed the note to authenticate its validity.
124
The language of the concluding endorsement, conceived by
Gouverneur Morris
and presented to the convention by
Benjamin Franklin
, was made intentionally ambiguous in hopes of winning over the votes of dissenting delegates. Advocates for the new frame of government, realizing the impending difficulty of obtaining the consent of the states needed to make it operational, were anxious to obtain the unanimous support of the delegations from each state. It was feared that many of the delegates would refuse to give their individual assent to the Constitution. Therefore, in order that the action of the convention would appear to be unanimous, the formula,
Done in convention by the unanimous consent of the states present
...
was devised.
125
better source needed
Articles
Main article:
List of clauses of the United States Constitution
The Constitution's main provisions include seven articles that define the basic framework of the federal government. Articles that have been amended still include the original text, although provisions repealed by amendments under Article V are usually bracketed or italicized to indicate they no longer apply.
citation needed
Article I – The Legislature
Main article:
Article One of the United States Constitution
Article I describes the
Congress
, the
legislative branch
of the federal government: Congress comprises both the
Senate
and
House of Representatives
members of both houses are subject to age, citizenship, and state residency requirements;
and are elected by the people of a state.
Section 3, Clause 1 provides for equal representation of the states in the Senate.
Section 8
enumerates the powers delegated to the legislature and includes broad provisions such as the
General Welfare Clause
(also known as the Taxing and Spending Clause),
Commerce Clause
, and
Necessary and Proper Clause
Section 9
lists eight specific limits on congressional power. In
McCulloch v. Maryland
(1819), the Supreme Court read the Necessary and Proper Clause to permit the federal government to take action that would "enable [it] to perform the high duties assigned to it [by the Constitution] in the manner most beneficial to the people,"
126
even if that action is not itself within the enumerated powers.
126
Section 9, Clause
1 prevents Congress from passing any law that would restrict the
importation of slaves
into the United States prior to 1808. Clause 4 holds that
direct taxes
must be apportioned according to state populations.
Article II – The Executive
Main article:
Article Two of the United States Constitution
Article II describes the office, qualifications, and duties of the
president of the United States
and the
vice president
. The Article is modified by the
12th Amendment
, which regulates presidential elections, and the
25th Amendment
, relating to office succession.
The president is head of the
executive branch
of the
federal government
; the nation's
head of state
and
head of government
; and the
Commander in Chief
of the
United States Armed Forces
, as well as of state militias when they are mobilized. The president makes treaties
with the advice and consent
of the Senate. To administer the federal government, the president commissions all the offices of the federal government as Congress directs; and may require the opinions of its principal officers and make "
recess appointments
" for vacancies that may happen during the recess of the Senate. The president ensures the laws are faithfully executed and may grant reprieves and pardons with the exception of Congressional
impeachment
. The president reports to Congress on the
State of the Union
, and by the
Recommendation Clause
, recommends "necessary and expedient" national measures. The president may convene and adjourn Congress under special circumstances.
Section 4 provides for the removal of the president and other federal officers. The president is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
Article III – The Judiciary
Main article:
Article Three of the United States Constitution
Article III describes the
court system
, including the
Supreme Court
. Section 1 vests the judicial power of the United States in federal courts and, with it, the authority to interpret and apply the law to particular cases. Also included is the power to punish, sentence, and direct future action to resolve conflicts. Implied powers under Article III include the enforcement of judicial decisions through
criminal contempt
and civil contempt powers; injunctive relief and the
habeas corpus
remedy; and the ability to imprison for
contumacy
, bad-faith litigation, and failure to obey a writ of
mandamus
81
Clause
1 of Section
, known as the Case or Controversy Clause, authorizes the federal courts to hear actual cases and controversies only. Their judicial power does not extend to cases that are hypothetical, or which are proscribed due to
standing
mootness
, or
ripeness
issues. Generally, a case or controversy requires the presence of adverse parties who have some interest genuinely at stake in the case.
Section 2 also protects the right to
trial by jury
in all
criminal cases
. Section 3 bars Congress from changing or modifying Federal
law on treason
by simple majority. This section also defines treason as an
overt act
of making war or materially helping those at war with the United States.
Article IV – The States
Main article:
Article Four of the United States Constitution
Article IV outlines the relations among the states and between each state and the federal government. It also provides for such matters as
admitting new states
, border changes between the states, and
extradition
between the states, as well as laying down a legal basis for
freedom of movement
and travel among the states.
The
Full Faith and Credit Clause
requires states to recognise the public acts, records, and court proceedings of the other states. Congress is permitted to
regulate
the manner in which proof of such acts may be admitted. The
"privileges and immunities" clause
prohibits state governments from discriminating against citizens of other states in favor of resident citizens. For instance, in
criminal sentencing
, a state may not increase a penalty on the grounds that the convicted person is a non-resident. The
Territorial Clause
gives Congress the power to make rules for disposing of federal property and governing non-state territories of the United States. Finally, the fourth section of Article Four requires the United States to guarantee to each state a
republican form of government
and to protect them from invasion and violence.
Article V – Amendment Process
Main article:
Article Five of the United States Constitution
Article V outlines the process for amending the Constitution. The Articles of Confederation provided that amendments were to be proposed by Congress and ratified by the unanimous vote of all 13 state legislatures. This proved to be a major flaw in the Articles, as it created an insurmountable obstacle to constitutional reform. The amendment process crafted during the Philadelphia Constitutional Convention was, according to The
Federalist No. 43
, designed to establish a balance between pliancy and rigidity.
127
better source needed
Article Five ends by shielding certain clauses in the Constitution from being amended.
Article VI – Federal Powers
Main article:
Article Six of the United States Constitution
Article VI establishes that the Constitution and all federal laws and treaties made in accordance with it have
supremacy
over state laws, and that "the judges in every state shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding". It validates
national debt
created under the Articles of Confederation and requires that all federal and state legislators, officers, and judges take oaths or affirmations to support the Constitution. This means that the states' constitutions and laws should not conflict with the laws of the federal constitution and that in case of a conflict, state judges are legally bound to honor the federal laws and constitution over those of any state. Article Six also states "
no religious Test
shall ever be required as a Qualification to any Office or public Trust under the United States".
Article VII – Ratification
Main article:
Article Seven of the United States Constitution
Article VII describes the process for establishing the proposed new frame of government. Anticipating that the influence of many state politicians would be Antifederalist, delegates to the Philadelphia Convention provided for
ratification
of the Constitution by popularly elected
ratifying conventions
in each state. The convention method also made it possible that judges, ministers and others ineligible to serve in state legislatures, could be elected to a convention. Suspecting that Rhode Island, at least, might not ratify, delegates decided that the Constitution would go into effect as soon as nine states (two-thirds rounded up) ratified.
128
Each of the remaining four states could then join the newly formed union by ratifying.
129
Amendments
See also:
List of amendments to the United States Constitution
The
United States Bill of Rights
, currently housed in the
National Archives
in
Washington, D.C.
The procedure for amending the Constitution is outlined in Article V and is currently overseen by the
archivist of the United States
. Between 1949 and 1985, it was overseen by the
administrator of General Services
, and before that by the
secretary of state
130
Under Article V, a proposal for an amendment must be adopted either by two-thirds of both houses of Congress or by a
national convention
that had been requested by two-thirds of the state legislatures.
130
Following this, Congress decides whether the proposed amendment is to be ratified by state legislatures or
state ratifying conventions
. The proposed amendment along with the method of ratification is sent to the
Office of the Federal Register
, which copies it in
slip law
format and submits it to the states.
130
To date, the convention method of proposal has never been tried and the convention method of ratification has only been used once, for the
Twenty-first Amendment
131
A proposed amendment becomes an operative part of the Constitution as soon as it is ratified by three-fourths of the States (currently 38 of the 50 states). No additional action by Congress or anyone else after ratification is required.
132
When the Office of the Federal Register verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the
Federal Register
and
United States Statutes at Large
and serves as official notice to Congress and the nation that the ratification process has been completed.
130
The Constitution has twenty-seven amendments. Structurally, the Constitution's original text and all prior amendments remain untouched. The precedent for this
practice
was set in 1789, when
Congress
considered and proposed the first several Constitutional amendments. Among these, Amendments 1–10 are collectively known as the
Bill of Rights
, and Amendments 13–15 are known as the
Reconstruction Amendments
. Excluding the
Twenty-seventh Amendment
, which was pending before the states for 202 years, 225 days, the longest pending amendment that was successfully ratified was the
Twenty-second Amendment
, which took 3 years, 343 days. The
Twenty-sixth Amendment
was ratified in the shortest time, 100 days. The
average
ratification time for the first twenty-six amendments was 1
year, 252 days; for all twenty-seven, 9
years, 48 days.
The first ten Amendments introduced were referred to as the
Bill of Rights
which consists of 10 amendments that were added to the Constitution in 1791, as
supporters of the Constitution
had promised
critics
during the debates of 1788.
133
Bill of Rights (1791)
First Amendment
The
First Amendment
prohibits Congress from obstructing the exercise of certain individual freedoms:
freedom of religion
freedom of speech
freedom of the press
freedom of assembly
, and
right to petition
. Its
Free Exercise Clause
guarantees a person's right to hold whatever religious beliefs they want, and to freely exercise that belief; its
Establishment Clause
prevents the federal government from creating an official national church or favoring one set of religious beliefs over another.
134
Second Amendment
The
Second Amendment
protects the right of individuals
135
136
to
keep and bear arms
137
138
139
140
The Supreme Court has ruled that this right applies to individuals, not merely to collective militias. It has also held that the government may regulate or place some limits on the manufacture, ownership and sale of
firearms
or other
weapons
141
142
Requested by several states during the constitutional ratification debates, the amendment followed the efforts of the British to confiscate the colonists' firearms at the outbreak of the
Revolutionary War
. Patrick Henry had rhetorically asked, if the States would be stronger "when we are totally disarmed, and when a British Guard shall be stationed in every house?"
143
Third Amendment
The
Third Amendment
prohibits the federal government from forcing individuals to provide lodging to soldiers in their homes during peacetime without their consent. Requested by several states during the Constitutional ratification debates, the amendment reflected the lingering resentment over the
Quartering Acts
passed by the
British Parliament
during the Revolutionary War, which had allowed British soldiers to take over private homes for their own use.
144
Fourth Amendment
The
Fourth Amendment
protects people against unreasonable
searches and seizures
of either self or
property
by government officials. A search can mean everything from a frisking by a police officer or to a demand for a blood test to a search of an individual's home or car. A seizure occurs when the government takes control of an individual or something in the possession of the individual. Items that are seized often are used as evidence when the individual is charged with a crime. It also imposes certain limitations on police investigating a crime and prevents the use of illegally obtained evidence at trial.
145
Fifth Amendment
The
Fifth Amendment
establishes the requirement that a
trial
for a major
crime
may commence only after an
indictment
has been handed down by a
grand jury
; protects individuals from
double jeopardy
; prohibits punishment without
due process
of law; and provides that an accused person may not be compelled to reveal to the police, prosecutor, judge, or jury any information that might
incriminate or be used against
him or her in a court of law. Additionally, the Fifth Amendment also prohibits government from taking private property for public use without "
just compensation
", the basis of
eminent domain
in the United States.
146
Sixth Amendment
The
Sixth Amendment
provides several protections and rights to an individual accused of a crime. The accused has the right to a fair, speedy, and public trial by a local and impartial
jury
. This right also protects defendants from secret proceedings that might encourage abuse of the justice system, enshrines a right to
legal counsel
if accused of a crime, guarantees that the accused may require
witnesses
to attend the trial and testify in the presence of the accused, and guarantees the accused a right to know the charges against them. In 1966, the Supreme Court ruled that, with the Fifth Amendment, this amendment requires what has become known as the
Miranda
warning
147
Seventh Amendment
The
Seventh Amendment
extends the right to a
jury trial
to federal
civil
cases, and inhibits courts from overturning a jury's
findings of fact
. Although the Seventh Amendment itself says that it is limited to "suits at common law", meaning cases that triggered the right to a jury under English law, the amendment has been found to apply in lawsuits that are similar to the old common law cases. For example, the right to a jury trial applies to cases brought under federal statutes that prohibit race or gender discrimination in housing or employment. This amendment guarantees the right to a jury trial only in federal court, not in state court.
148
Eighth Amendment
The
Eighth Amendment
protects people from having
bail
or
fines
set at an amount so high that it would be impossible for all but the richest defendants to pay, and also protects people from being subjected to
cruel and unusual punishment
. Although this phrase originally was intended to outlaw certain gruesome methods of punishment, it has been broadened over the years to protect against punishments that are grossly disproportionate to or too harsh for the particular crime. This provision has also been used to challenge prison conditions such as extremely unsanitary cells, overcrowding, insufficient medical care and deliberate failure by officials to protect inmates from one another.
149
Ninth Amendment
The
Ninth Amendment
declares that individuals have other fundamental rights, in addition to those stated in the Constitution. During the Constitutional ratification debates, Anti-Federalists argued that a Bill of Rights should be added. The Federalists opposed it on grounds that a list would necessarily be incomplete but would be taken as
explicit and exhaustive
, thus enlarging the power of the federal government by implication. The Anti-Federalists persisted, and several state ratification conventions refused to ratify the Constitution without a more specific list of protections, so the First Congress added what became the Ninth Amendment as a compromise. Because the rights protected by the Ninth Amendment are not specified, they are referred to as "unenumerated". The Supreme Court has found that unenumerated rights include such important rights as the right to travel, the right to vote, the right to privacy, and the right to make important decisions about one's health care or body.
150
Tenth Amendment
The
Tenth Amendment
(1791) was included in the Bill of Rights to further define the balance of power between the federal government and the states. The amendment states that the federal government has only those powers specifically granted by the Constitution. These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles or in subsequent constitutional amendments. Any power not listed is, says the Tenth Amendment, left to the states or the people. While there is no specific list of what these "reserved powers" may be, the Supreme Court has ruled that laws affecting family relations, commerce within a state's own borders, abortion, and local law enforcement activities, are among those specifically reserved to the states or the people.
151
152
Remaining amendments (1795–present)
Eleventh Amendment (1795)
The
Eleventh Amendment
specifically prohibits federal courts from hearing cases in which a state is sued by an individual from another state or another country, thus extending to the states
sovereign immunity
protection from certain types of legal liability.
Article Three, Section 2, Clause 1
has been affected by this amendment, which also overturned the Supreme Court's decision in
Chisholm v. Georgia
(1793).
153
154
Twelfth Amendment (1804)
The
Twelfth Amendment
modifies the way the Electoral College chooses the president and vice president. It stipulates that each elector must cast a distinct vote for president and vice president, instead of two votes for president. It also suggests that the president and vice president should not be from the same state.
Article II, Section 1, Clause 3
is superseded by this amendment, which also extends the
eligibility requirements
to become president to the vice president.
155
Reconstruction Amendments (1865–1870)
The
Thirteenth Amendment
(1865) abolished
slavery
and
involuntary servitude
, except
as punishment for a crime
, and authorized Congress to enforce
abolition
. Though millions of slaves had been declared free by the 1863
Emancipation Proclamation
, their post-
Civil War
status was unclear, as was the status of other millions.
156
Congress intended the Thirteenth Amendment to be a proclamation of freedom for all slaves throughout the nation and to take the question of emancipation away from politics. This amendment rendered inoperative or moot several of the original parts of the constitution.
157
The
Fourteenth Amendment
(1868) granted
United States citizenship
to former slaves and to all persons "subject to U.S. jurisdiction". It also contained three new limits on state power: a state shall not violate a citizen's privileges or immunities; shall not deprive any person of life, liberty, or property without due process of law; and must guarantee all persons equal protection of the laws. These limitations dramatically expanded the protections of the Constitution. This amendment, according to the Supreme Court's Doctrine of
Incorporation
, makes most provisions of the Bill of Rights applicable to state and local governments as well. It superseded the mode of apportionment of representatives delineated in Article 1, Section 2, Clause 3, and also overturned the Supreme Court's decision in
Dred Scott v. Sandford
(1857).
158
The
Fifteenth Amendment
(1870) prohibits the use of
race
color
, or previous condition of servitude in determining which citizens may vote. The last of three post Civil War Reconstruction Amendments, it sought to abolish one of the key vestiges of slavery and to advance the civil rights and liberties of former slaves.
159
Sixteenth Amendment (1913)
The
Sixteenth Amendment
removed existing Constitutional constraints that limited the power of Congress to lay and collect taxes on income. Specifically, the apportionment constraints delineated in
Article 1, Section 9, Clause 4
have been removed by this amendment, which also overturned an 1895 Supreme Court decision, in
Pollock v. Farmers' Loan & Trust Co.
, that declared an unapportioned federal income tax on rents, dividends, and interest unconstitutional. This amendment has become the basis for all subsequent federal income tax legislation and has greatly expanded the scope of federal taxing and spending in the years since.
160
Seventeenth Amendment (1913)
The
Seventeenth Amendment
modifies the way senators are elected. It stipulates that senators are to be elected by
direct popular vote
. The amendment supersedes
Article 1, Section 3
, Clauses
1 and 2, under which the two senators from each state were elected by the
state legislature
. It also allows state legislatures to permit their governors to make temporary appointments until a
special election
can be held.
161
Prohibition Amendments (1919–1933)
The
Eighteenth Amendment
(1919) prohibited the making, transporting, and selling of alcoholic beverages nationwide. It also authorized Congress to enact legislation enforcing this prohibition. Adopted at the urging of a national
temperance movement
, proponents believed that the use of alcohol was reckless and destructive and that
prohibition
would reduce crime and corruption, solve social problems, decrease the need for welfare and prisons, and improve the health of all Americans. During prohibition, it is estimated that alcohol consumption and alcohol related deaths declined dramatically. But prohibition had other, more negative consequences. The amendment drove the lucrative alcohol business underground, giving rise to a large and pervasive
black market
. In addition, prohibition encouraged disrespect for the law and strengthened
organized crime
. Prohibition came to an end in 1933, when this amendment was repealed.
162
The
Twenty-first Amendment
(1933) repealed the Eighteenth Amendment and returned the regulation of alcohol to the states. Each state sets its own rules for the sale and importation of alcohol, including the drinking age. Because a federal law provides federal funds to states that prohibit the sale of alcohol to minors under the age of twenty-one, all fifty states have set their drinking age there. Rules about how alcohol is sold vary greatly from state to state.
163
Nineteenth Amendment (1920)
The
Nineteenth Amendment
prohibits the government from denying women the
right to vote
on the same terms as men. Prior to the amendment's adoption, only a few states permitted women to vote and to hold office.
164
Twentieth Amendment (1933)
The
Twentieth Amendment
changes the date on which a new president, vice president and Congress take office, thus shortening the time between
Election Day
and the beginning of presidential, vice presidential and congressional terms.
165
Originally, the Constitution provided that the annual meeting was to be on the first Monday in December unless otherwise provided by law. This meant that, when a new Congress was elected in November, it did not come into office until the following March, with a "
lame duck
" Congress convening in the interim. By moving the beginning of the president's new term from March 4 to January 20 (and in the case of Congress, to January 3), proponents hoped to put an end to lame duck sessions, while allowing for a speedier transition for the new administration and legislators.
166
Twenty-second Amendment (1951)
The
Twenty-second Amendment
limits an elected president to two terms in office, a total of eight years. However, under some circumstances it is possible for an individual to serve more than eight years. Although nothing in the original frame of government limited how many presidential terms one could serve, the nation's first president, George Washington, declined to run for a third term, suggesting that two terms of four years were enough for any president. This precedent remained an unwritten rule of the presidency until broken by
Franklin D. Roosevelt
, who was elected to a third term as president 1940 and in 1944 to a fourth.
167
Twenty-third Amendment (1961)
The
Twenty-third Amendment
extends the right to vote in presidential elections to citizens residing in the
District of Columbia
by granting the District electors in the Electoral College, as if it were a state. When first established as the nation's capital in 1800, the District of Columbia's five thousand residents had neither a local government, nor the right to vote in federal elections. By 1960 the population of the District had grown to over 760,000.
168
Twenty-fourth Amendment (1964)
The
Twenty-fourth Amendment
prohibits a
poll tax
for voting. Although passage of the Thirteenth, Fourteenth, and Fifteenth Amendments helped remove many of the discriminatory laws left over from slavery, they did not eliminate all forms of discrimination. Along with literacy tests and durational residency requirements, poll taxes were used to keep low-income (primarily African American) citizens from participating in elections. The Supreme Court has since struck down these discriminatory measures.
169
Twenty-fifth Amendment (1967)
The
Twenty-fifth Amendment
clarifies what happens upon the death, removal, or resignation of the president or vice president and how the presidency is temporarily filled if the president becomes disabled and cannot fulfill the responsibilities of the office. It supersedes the
ambiguous
succession rule established in
Article II, Section 1, Clause 6
. A concrete plan of succession has been needed on multiple occasions since 1789. However, for nearly 20% of U.S. history, there has been no vice president in office who could assume the presidency.
170
Twenty-sixth Amendment (1971)
The
Twenty-sixth Amendment
prohibits the government from denying the right of United States citizens, eighteen years of age or older, to vote on account of age. The drive to lower the
voting age
was driven in large part by the broader
student activism
movement protesting the
Vietnam War
. It gained strength following the Supreme Court's decision in
Oregon v. Mitchell
(1970).
171
Twenty-seventh Amendment (1992)
The
Twenty-seventh Amendment
(1992) prevents members of Congress from granting themselves pay raises during the current session. Rather, any raises that are adopted must take effect during the next session of Congress. Its proponents believed that Federal legislators would be more likely to be cautious about increasing congressional pay if they have no personal stake in the vote.
Article One, Section 6, Clause 1
has been affected by this amendment, which remained pending for over two centuries as it contained no time limit for ratification.
172
Unratified amendments
Main article:
List of amendments to the Constitution of the United States
Collectively, members of the
House
and
Senate
propose around 150 amendments during each two-year term of
Congress
173
Most however, never get out of the
Congressional committees
in which they are proposed, and only a fraction of those approved in committee receive sufficient support to win Congressional approval and actually enter the constitutional ratification process.
citation needed
Six amendments approved by Congress and proposed to the states for consideration have not been ratified by the required number of states to become part of the Constitution. Four of these are technically still pending, as Congress did not set a time limit for their ratification.
174
The other two are no longer pending, as both had a time limit attached and in both cases the time period set for their ratification expired.
citation needed
Pending
The
Congressional Apportionment Amendment
(proposed 1789) would, if ratified, establish a formula for determining the appropriate size of the House of Representatives and the appropriate
apportionment
of representatives among the states following each constitutionally mandated decennial
census
The
Titles of Nobility Amendment
(proposed 1810) would, if ratified, strip United States citizenship from any citizen who accepted a title of nobility from a foreign country.
The
Corwin Amendment
(proposed 1861) would, if ratified,
shield
domestic institutions
" of the states (which in 1861 included
slavery
) from the constitutional amendment process and from abolition or interference by Congress.
The
Child Labor Amendment
(proposed 1924) would, if ratified, specifically authorize Congress to limit, regulate and prohibit labor of persons less than eighteen years of age. The amendment was proposed in response to Supreme Court rulings in
Hammer v. Dagenhart
(1918) and
Bailey v. Drexel Furniture Co.
(1922) that found federal laws regulating and taxing goods produced by employees under the ages of 14 and 16 unconstitutional. A
federal statute
approved June 25, 1938, regulated the employment of those under 16 or 18 years of age in interstate commerce. The Supreme Court, by unanimous vote in
United States v. Darby Lumber Co.
(1941), found this law constitutional, effectively overturning
Hammer v. Dagenhart
. As a result, the movement pushing for the amendment concluded.
175
Expired
The
Equal Rights Amendment
(proposed 1972) would have prohibited deprivation of equality of rights (
discrimination
) by the federal or state governments on account of sex. A seven-year ratification time limit was initially placed on the amendment, but as the deadline approached, Congress granted a three-year extension. Thirty-five states ratified the proposed amendment prior to the original deadline, three short of the number required for it to be implemented (five of them later voted to rescind their ratification).
The
District of Columbia Voting Rights Amendment
(proposed 1978) would have granted the District of Columbia full representation in the United States Congress as if it were a state, repealed the Twenty-third Amendment, granted the District unconditional Electoral College voting rights, and allowed its participation in the process by which the Constitution is amended. A seven-year ratification time limit was placed on the amendment. Sixteen states ratified the amendment (twenty-two short of the number required for it to be implemented) prior to the deadline, thus it failed to be adopted.
Judicial review
See also:
Judicial review in the United States
Judicial review
, and
Appeal § Appellate review
The Declaration of Independence and The Constitution on Display in the Library of Congress Prior to the Removal to the National Archives 13 December 1952
The
National Archives'
Rotunda for the Charters of Freedom
in Washington, D.C. where, in-between two
Barry Faulkner
murals, the original Bill of Rights,
Constitution
Declaration of Independence
, and other American founding documents are publicly exhibited.
Scope and theory
Early Court roots in the founding
John Jay
, 1789–1795, New York co-author
The Federalist Papers
John Marshall
, 1801–1835,
Fauquier County
delegate, Virginia Ratification Convention
Courts established by the Constitution can regulate government under the Constitution, the supreme law of the land.
First, they have jurisdiction over actions by an officer of government and state law. Second, federal courts may rule on whether coordinate branches of national government conform to the Constitution. Until the twentieth century, the Supreme Court of the United States may have been the only high tribunal in the world to use a court for constitutional interpretation of fundamental law, others generally depending on their national legislature.
177
The basic theory of American judicial review is summarized by constitutional legal scholars and historians as follows: the written Constitution is fundamental law within the
states
. It can change only by extraordinary legislative process of national proposal, then state ratification. The powers of all departments are limited to enumerated grants found in the Constitution. Courts are expected (a) to enforce provisions of the Constitution as the supreme law of the land, and (b) to refuse to enforce anything in conflict with it.
178
Judicial review relies on the jurisdictional authority in Article III, and the Supremacy Clause.
36
Case law
Main article:
List of landmark court decisions in the United States
Barron v. Baltimore
(1833)
When John Marshall followed Oliver Ellsworth as chief justice of the Supreme Court in 1801, the federal judiciary had been established by the
Judiciary Act
, but there were few cases. Review of state legislation and appeals from state supreme courts was understood. But the Court's jurisdiction over state legislation was limited. The
Marshall Court
's landmark
Barron v. Baltimore
held that the Bill of Rights restricted only the federal government, and not the states.
37
Marbury v. Madison
(1803)
In the landmark
Marbury v. Madison
case, the Supreme Court asserted its authority of judicial review over Acts of Congress. Its findings were that Marbury and the others had a right to their commissions as judges in the District of Columbia. Marshall, writing the opinion for the majority, announced his discovered conflict between Section 13 of the
Judiciary Act of 1789
and Article III.
179
In this case, both the Constitution and the statutory law applied to the particulars at the same time. "The very essence of judicial duty" according to Marshall was to determine which of the two conflicting rules should govern. The Constitution enumerates powers of the judiciary to extend to cases arising "under the Constitution". Further, justices take a Constitutional oath to uphold it as
"Supreme law of the land
."
180
Therefore, since the United States government as created by the Constitution is a limited government, the federal courts were required to choose the Constitution over congressional law if there were deemed to be a conflict.
citation needed
"This argument has been ratified by time and by practice
..."
Dred Scott (1857)
The Supreme Court did not declare another act of Congress unconstitutional until the controversial
Dred Scott
decision in 1857, held after the voided
Missouri Compromise
statute had already been repealed. In the eighty years following the Civil War to World War II, the Court voided congressional statutes in 77 cases, on average almost one a year.
182
Scope of judicial review expanded
Salmon P. Chase
Union, Reconstruction
William Howard Taft
commerce,
incorporation
Earl Warren
aa
due process, civil rights
William Rehnquist
ab
federalism, privacy
Chase Court (1864–1873)
Salmon P. Chase
was a Lincoln appointee, serving as chief justice from 1864 to 1873. In one of his first official acts, Chase admitted
John Rock
, the first African American to practice before the Supreme Court. The Chase Court is famous for
Texas v. White
, which asserted a permanent Union of indestructible states.
Veazie Bank v. Fenno
upheld the Civil War tax on state banknotes.
Hepburn v. Griswold
found parts of the Legal Tender Acts unconstitutional, though it was reversed under a late Supreme Court majority.
Civil Rights Cases (1883)
The
Civil Rights Cases
, 109 U.S. 3 (1883), were a group of five
landmark
cases in which the
Supreme Court of the United States
held that the
Thirteenth
and
Fourteenth Amendments
did not empower Congress to outlaw
racial discrimination
by private individuals. The holding that the Thirteenth Amendment did not empower the federal government to punish racist acts done by private citizens would be overturned by the Supreme Court in the 1968 case
Jones v. Alfred H. Mayer Co.
The Fourteenth Amendment not applying to private entities, however, is still valid precedent to this day. Although the Fourteenth Amendment-related decision has never been overturned, in the 1964 case of
Heart of Atlanta Motel, Inc. v. United States
, the Supreme Court held that Congress could prohibit racial discrimination by private actors under the
Commerce Clause
Taft Court (1921–1930)
As chief justice,
William Taft
advocated for the
Judiciary Act of 1925
that brought the Federal District Courts under the administrative jurisdiction of the Supreme Court. In 1925, the Taft Court issued a ruling overturning a Marshall Court ruling on the Bill of Rights. In
Gitlow v. New York
, the Court established the doctrine of "
incorporation
", which applied the Bill of Rights to the states. Important cases included the
Board of Trade of City of Chicago v. Olsen
, which upheld Congressional regulation of commerce;
Olmstead v. United States
, which allowed exclusion of evidence obtained without a warrant based on application of the 14th Amendment proscription against unreasonable searches; and
Wisconsin v. Illinois
, which ruled the equitable power of the United States can impose positive action on a state to prevent its inaction from damaging another state.
New Deal (1935–1936)
A crisis arose when, in 1935 and 1936, the Supreme Court handed down
twelve decisions voiding acts of Congress relating to the New Deal
. President
Franklin D. Roosevelt
then responded with his abortive "
court packing plan
". Other proposals have suggested a Court super-majority to overturn Congressional legislation, or a constitutional amendment to require that the justices retire at a specified age by law. To date, the Supreme Court's power of judicial review has persisted.
38
Warren Court (1953–1969)
Earl Warren
was an Eisenhower nominee, chief justice from 1953 to 1969. In 1954, the Warren Court overturned a landmark
Fuller Court
ruling on the Fourteenth Amendment interpreting racial segregation as permissible in government and commerce providing "
separate but equal
" services. Warren built a coalition of justices after 1962 that developed the idea of natural rights as guaranteed in the Constitution.
Brown v. Board of Education
banned segregation in public schools.
Baker v. Carr
and
Reynolds v. Sims
established Court ordered "one-man-one-vote". Bill of Rights Amendments were incorporated into the states. Due process was expanded in
Gideon v. Wainwright
and
Miranda v. Arizona
First Amendment rights were addressed in
Griswold v. Connecticut
concerning privacy, and
Engel v. Vitale
relative to free speech.
Burger Court (1969–1986)
Warren E Burger
was appointed by
Richard Nixon
. Under his tenure, the Court decided the landmark cases of
Roe v. Wade
and
Swann v. Charlotte-Mecklenburg Board of Education
Rehnquist Court (1986–2005)
William Rehnquist
was a Reagan-appointed chief justice, serving from 1986 to 2005. While he would concur with overthrowing a state supreme court's decision, as in
Bush v. Gore
, he built a coalition of Justices after 1994 that developed the idea of federalism as provided for in the Tenth Amendment. In the hands of the Supreme Court, the Constitution and its amendments were to restrain Congress, as in
City of Boerne v. Flores
. Nevertheless, the Rehnquist Court was noted in the contemporary "culture wars" for overturning state laws relating to privacy, prohibiting late-term abortions in
Stenberg v. Carhart
, prohibiting sodomy in
Lawrence v. Texas
, or ruling so as to protect free speech in
Texas v. Johnson
or affirmative action in
Grutter v. Bollinger
Roberts Court (2005–Present)
John Roberts
was appointed Chief Justice in 2005.
Principles
Judicial restraint
The Supreme Court has developed a system of doctrine and practice that
limits its own power
of judicial review.
183
The Court controls almost all of its business by choosing what cases to consider, limiting decisions by defining what is a "justiciable question". The Court requires a personal interest, not one generally held, and a legally protected right must be immediately threatened by government action. Cases are not taken up if the litigant has no
standing to sue
183
The Court also generally refuses to make any
advisory opinions
in advance of actual cases.
ac
Further,
friendly suits
between those of the same legal interest are not considered.
The procedural ways by which the Court dismisses cases have led critics to charge that the Supreme Court delays decisions by unduly insisting on technicalities in their "standards of litigability". They say cases are left unconsidered which are in the public interest, with genuine controversy, and resulting from good faith action.
184
Separation of powers
The Supreme Court balances several pressures to maintain its roles in national government. It seeks to be a co-equal branch of government, but its decrees must be enforceable. The Court seeks to minimize situations where it asserts itself superior to either president or Congress, but federal officers must be held accountable. The Supreme Court assumes power to declare acts of Congress as unconstitutional but it self-limits its passing on constitutional questions.
185
But the Court's guidance on basic problems of life and governance in a democracy is most effective when American political life reinforces its rulings.
186
Justice Brandeis
summarized four general guidelines that the Supreme Court uses to avoid constitutional decisions relating to Congress:
ad
The Court will not anticipate a question of constitutional law nor decide open questions unless a case decision requires it. If it does, a rule of constitutional law is formulated only as the precise facts in the case require. The Court will choose statutes or general law for the basis of its decision if it can without constitutional grounds. If it does, the Court will choose a constitutional construction of an act of Congress, even if its constitutionality is seriously in doubt.
185
Likewise with the executive department, Edwin Corwin observed that the Court does sometimes rebuff presidential pretensions, but it more often tries to rationalize them. Against Congress, an act is merely "disallowed". In the executive case, exercising judicial review produces "some change in the external world" beyond the ordinary judicial sphere.
187
The "political question" doctrine especially applies to questions which present a difficult enforcement issue. Chief Justice
Charles Evans Hughes
addressed the Court's limitation when political process allowed future policy change, but a judicial ruling would "attribute finality". Political questions lack "satisfactory criteria for a judicial determination."
188
John Marshall recognized that the president holds "important political powers" which as
executive privilege
allows great discretion. This doctrine was applied in Court rulings on President
Grant
's duty to enforce the law during
Reconstruction
. It extends to the sphere of foreign affairs. Justice
Robert Jackson
explained, foreign affairs are inherently political, "wholly confided by our Constitution to the political departments of the government ... [and] not subject to judicial intrusion or inquiry".
189
Critics of the Court object in two principal ways to self-restraint in judicial review, deferring as it does as a matter of doctrine to acts of Congress and presidential actions. Its inaction is said to allow "a flood of legislative appropriations" which permanently create an imbalance between the states and federal government. It has also been argued that the Supreme Court's deference to Congress and the executive compromises American protection of civil rights, political minority groups and aliens.
190
In anthropology and sociology
Main article:
American civil religion
There is a viewpoint that some Americans have come to see the documents of the Constitution, along with the Declaration of Independence and the
Bill of Rights
, as being a cornerstone of a type of
civil religion
. Some commentators depict the multi-ethnic, multi-sectarian United States as held together by political orthodoxy, in contrast with a
nation-state
of people having more "natural" ties.
191
192
Worldwide influence
Main article:
Worldwide influence of the Constitution of the United States
José Rizal
Sun Yat-sen
The United States Constitution has been a notable model for governance worldwide, especially through the 1970s. Its international influence is found in similarities in phrasing and borrowed passages in other constitutions, as well as in the principles of the
rule of law
separation of powers
, and recognition of
individual rights
193
The American experience of fundamental law with amendments and
judicial review
has motivated
constitutionalists
at times when they were considering the possibilities for their nation's future.
194
It informed
Abraham Lincoln
during the
American Civil War
ae
his contemporary and ally
Benito Juárez
of Mexico,
af
and the second generation of 19th-century constitutional nationalists,
José Rizal
of the Philippines
ag
and
Sun Yat-sen
of China.
ah
The framers of the
Australian constitution
integrated federal ideas from the U.S. and other constitutions.
200
Since the 1980s, the influence of the United States Constitution has been waning as other countries have created new constitutions or updated older constitutions, a process which
Sanford Levinson
believes to be more difficult in the United States than in any other country.
201
202
203
Criticism
Further information:
History of the United States Constitution § Criticism of the Constitution
The United States Constitution has faced various criticisms since its inception in 1787.
The Constitution did not originally define who was
eligible to vote
, allowing each state to determine who was eligible. In the early history of the U.S., most states allowed only
white
male adult property owners to vote; the notable exception was New Jersey, where women were able to vote on the same basis as men.
204
205
206
Until the
Reconstruction Amendments
were adopted between 1865 and 1870, the five years immediately following the
American Civil War
, the Constitution did not abolish slavery, nor give citizenship and voting rights to former slaves.
207
These amendments did not include a specific prohibition on discrimination in voting on the basis of sex; it took another amendment—the
Nineteenth
, ratified in 1920—for the Constitution to prohibit any United States citizen from being denied the right to vote on the basis of sex.
208
According to a 2012 study by David Law and Mila Versteeg published in the
New York University Law Review
, the U.S. Constitution guarantees relatively few rights compared to the constitutions of other countries and contains fewer than half (26 of 60) of the provisions listed in the average bill of rights. It is also one of the few in the world today that still features the
right to keep and bear arms
; the other two being the constitutions of
Guatemala
and
Mexico
202
203
Sanford Levinson wrote in 2006 that it has been the most difficult constitution in the world to amend since the fall of Yugoslavia.
201
209
Levitsky and Ziblatt argue that the US Constitution is the most difficult in the world to amend, and that this helps explain why the US still has so many undemocratic institutions that most or all other democracies have reformed, directly allowing significant
democratic backsliding in the United States
210
Commemorations
In 1937, the U.S. Post Office, at the prompting of President
Franklin Delano Roosevelt
, an avid stamp collector himself, released a commemorative postage stamp celebrating the 150th anniversary of the signing of the U.S. Constitution. The engraving on this issue is after an
1856 painting
by
Junius Brutus Stearns
of Washington and shows
delegates signing the Constitution
at the 1787 Convention.
211
The following year another commemorative stamp was issued celebrating the 150th anniversary of the ratification of the Constitution.
212
In 1987 the U.S. Mint issued
commemorative coins
in celebration of the 200th anniversary of the signing of the Constitution.
213
214
Postage Issue of 1937 commemorating the 150th anniversary of the
signing of the Constitution
Postage Issue of 1938 commemorating the 150th anniversary of the ratification of the Constitution
1987 Constitution Commemorative Silver Dollar
See also
Commentaries on the Constitution of the United States
by
Joseph Story
(1833, three volumes)
Congressional power of enforcement
Constitution Day and Citizenship Day
Constitution Week
The Constitution of the United States of America: Analysis and Interpretation
Constitution of 3 May 1791
Constitutionalism in the United States
Gödel's Loophole
Founding Fathers of the United States
Founders Online
History of democracy
History of the United States Constitution
List of national constitutions
(world countries)
List of proposed amendments to the United States Constitution
List of sources of law in the United States
Pocket Constitution
Second Constitutional Convention of the United States
Timeline of drafting and ratification of the United States Constitution
UK constitutional law
Related documents
Constitution of Massachusetts
(1780)
Fundamental Orders of Connecticut
(1639)
Massachusetts Body of Liberties
(1641)
Mayflower Compact
(1620)
Virginia Statute for Religious Freedom
(1779)
Notes
The
federal government
began operating under the new Constitution on that day. See
1st United States Congress
The first entrenchment clause restricted
Congress
from passing
laws
restricting the importation of slaves prior to 1808. The second entrenchment clause states that no
state
, without its consent, shall be deprived of its representation in the
Senate
Thirty-three amendments have been proposed by
Congress
and sent to the
states
for ratification since the Constitution entered force in 1789; but only 27 have been ratified by the requisite number of states and become part of the Constitution.
Article I
Article II
Article III
Other countries, such as the
United Kingdom
Canada
, and
New Zealand
, and other
Commonwealth countries
, have constitutional provisions such as the
Bill of Rights 1689
, among other statutes, that are older than the United States Constitution that are still in force to this day.
Historically, the first written constitution of an independent polity which was adopted by representatives elected by the people was the 1755
Corsican Constitution
, despite being short-lived, drafted by
Pasquale Paoli
, whose work was an inspiration for many
American patriots
10
including the
Hearts of Oak
, originally named "The Corsicans", and the
Sons of Liberty
11
Earlier written constitutions of independent states exist but were not adopted by bodies elected by the people, such as the
Swedish Constitution of 1772
, adopted by the king, the
Constitution of San Marino
of 1600 which is the oldest surviving constitution in the world, or the
Constitution of Pylyp Orlyk
, the first establishing separation of powers.
Not to be confused with
proportional representation
, an electoral system that typically elects
multiple members
of a party to a legislature based on that party's percentage of a popular vote.
The Supreme Court found 658 cases of invalid state statutes from 1790 to 1941 before the advent of civil rights cases in the last half of the twentieth century
38
The
Judiciary Act of 1789
established six Supreme Court justices. The number was periodically increased, reaching ten in 1863, allowing Lincoln additional appointments. After the Civil War, vacancies reduced the number to seven.
Congress finally fixed the number at nine
For instance, 'collateral estoppel' directs that when a litigant wins in a state court, they cannot sue in federal court to get a more favorable outcome.
Recently numerous
habeas corpus
reforms have tried to preserve a working "relationship of comity" and simultaneously streamline the process for state and lower courts to apply Supreme Court interpretations.
81
Judicial Review is explained in Hamilton's
Federalist No. 78
. It also has roots in Natural Law expressions in the Declaration of Independence. The Supreme Court first ruled an act of Congress unconstitutional in
Marbury v. Madison
, the second was
Dred Scott
81
Section 1
Section 2
Section 2
The four concepts which determine "justiciability", the formula for a federal court taking and deciding a case, are the doctrines of (a) standing, (b) real and substantial interests, (c) adversity, and (d) avoidance of political questions.
81
Contrary to this source when viewed, the Constitution provides that punishments, including forfeiture of income and property, must apply to the person convicted. "No attainder of treason shall work
corruption of blood
or forfeiture" on the convicted traitor's children or heirs. This avoids the perpetuation of civil war into the generations by Parliamentary majorities as in the
Wars of the Roses
81
In this context, colonial territories held by the U.S. are not considered part of the land, so the constitution does not apply to them.
176
In this, John Marshall leaned on the argument of Hamilton in
Federalist No. 78
Although it may be that the true meaning of the Constitution to the people of the United States in 1788 can only be divined by a study of the state ratification conventions, the Supreme Court has used
The Federalist Papers
as a supplemental guide to the Constitution since their co-author, John Jay, was the first Chief Justice.
The entire quote reads, "This argument has been ratified by time and by practice, and there is little point in quibbling with it. Of course, the president also takes an oath to support the Constitution."
181
The presidential reference is to Andrew Jackson's disagreement with Marshall's Court over
Worcester v. Georgia
, finding Georgia could not impose its laws in Cherokee Territory. Jackson replied, "John Marshall has made his decision; now let him enforce it!", and the Trail of Tears proceeded. Jackson would not politically interpose the U.S. Army between Georgia and the Cherokee people as Eisenhower would do between Arkansas and the integrating students.
The
Chase Court
, 1864–1873, in 1865 were Salmon P. Chase (chief Justice); Hon. Nathan Clifford, Maine; Stephen J. Field, Justice Supreme Court, U.S.; Hon. Samuel F. Miller, U.S. Supreme Court; Hon. Noah H. Swayne, Justice Supreme Court, U.S.; Judge Morrison R. Waite
The
Taft Court
, 1921–1930, in 1925 were James Clark McReynolds, Oliver Wendell Holmes Jr., William Howard Taft (chief justice), Willis Van Devanter, Louis Brandeis. Edward Sanford, George Sutherland, Pierce Butler, Harlan Fiske Stone
The
Warren Court
, 1953–1969, in 1963 were Felix Frankfurter; Hugo Black; Earl Warren (chief justice); Stanley Reed; William O. Douglas. Tom Clark; Robert H. Jackson; Harold Burton; Sherman Minton
The
Rehnquist Court
, 1986–2005.
"Advisory opinions" are not the same as "
declaratory judgments
". (a) These address rights and legal relationships in cases of "actual controversy", and (b) the holding has the force and effect of a final judgment. (c) There is no coercive order, as the parties are assumed to follow the judgment, but a "declaratory judgment" is the basis of any subsequent ruling in case law.
Louis Brandeis concurring opinion,
Ashwander v. Tennessee Valley Authority
, 1936.
"Secession was indeed unconstitutional ... military resistance to secession was not only constitutional but also morally justified.
195
"the
primary
purpose of the Constitution was ... to create 'a more perfect union' ... the Constitution was an exercise in nation building.
196
Juarez regarded the United States as a model of republican democracy and consistently supported Abraham Lincoln.
197
The institutions of the two countries which have most influenced constitutional development are Spain and the United States". One of the reforms, "sine quibus non", to use the words of Rizal and Mabini, always insisted upon by the Filipinos, was Philippine representation in the
Spanish Cortes
, the promulgation in the Islands of the Spanish Constitution, and the complete assimilation equal to that of any in the Spanish provinces on the continent.
198
In the modern history of China, there were many revolutionaries who tried to seek the truth from the West in order to overthrow the feudal system of the
Qing dynasty
Sun Yat-sen
, for example, was much influenced by American democracy, especially the U.S. Constitution.
199
Citations
John H. Lienhard.
"Engrossed in the Constitution"
. Retrieved
April 8,
2022
16 Am. Jur. 2d Constitutional Law § 10; "The Constitution went into effect in March of 1789." Referring to Owings v. Speed, 18 U.S. 420, 5 L. Ed. 124 (1820), "The present Constitution of the United States did not commence its operation until the first Wednesday in March, 1789."
Maier 2010
, p. 35.
Maier 2010
, pp. 27–28.
United States Senate
(1992).
"Amendments to the Constitution of the United States of America"
(PDF)
The Constitution of the United States of America: Analysis and Interpretation
. U.S. Government Printing Office. p. 25 n.2.
ISBN
978-0-16-063268-6
"Constitution Day"
Senate.gov
. United States Senate. Archived from
the original
on August 12, 2016
. Retrieved
September 10,
2016
Ritchie, Donald.
"Bill of Rights"
Annenberg Classroom—Glossary
. Leonore Annenberg Institute for Civics of the Annenberg Public Policy Center of the University of Pennsylvania
. Retrieved
September 21,
2014
Lloyd, Gordon.
"Introduction to the Bill of Rights"
TeachingAmericanHistory.org
. The Ashbrook Center at Ashland University
. Retrieved
September 21,
2014
Goodlatte says U.S. has the oldest working national constitution
, Politifact Virginia website, September 22, 2014.
"Pasquale Paoli | Corsican statesman"
Encyclopædia Britannica
. April 22, 2023.
Ruppert, Bob (May 11, 2016).
"Paoli: Hero of the Sons of Liberty"
. Journal of the American Revolution
. Retrieved
May 20,
2017
McLaughlin 1935
, pp. 83–90, 124.
Fritz, Christian G. (2008).
American Sovereigns: The People and America's Constitutional Tradition Before the Civil War
. New York:
Cambridge University Press
. p. 131.
ISBN
978-0-521-88188-3
– via
Google Books
noting that "Madison, along with other Americans clearly understood" the Articles of Confederation "to be the first federal Constitution".
Bernstein 1987
, p. 199.
Jensen 1950
, p. 59.
Wood 1969
, p. 359.
Maier 2010
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Shapers of the Great Debate at the Constitutional Convention of 1787: A Biographical Dictionary
. Westport, CT: Greenwood Press.
ISBN
978-0-313-33021-6
O'Connor, Tom (2010).
"Constitutional Structure"
. Archived from
the original
on February 24, 2021
. Retrieved
November 14,
2011
Payne, Samuel B. (1996). "The Iroquois League, the Articles of Confederation, and the Constitution".
The William and Mary Quarterly
53
(3):
605–
620.
doi
10.2307/2947207
ISSN
0043-5597
JSTOR
2947207
Pritchett, C. Herman (1959).
The American Constitution
. New York: McGraw-Hill.
Qing Yu, Li (1988). "Dr. Sun Yat Sen and the U.S. Constitution". In Starr, Joseph Barton (ed.).
The United States Constitution: Its Birth, Growth, and Influence in Asia
. Hong Kong: Hong Kong University Press.
ISBN
978-962-209-201-3
Rakove, Jack N.
(1996).
Original Meanings: Politics and Ideas in the Making of the Constitution
. New York: Alfred A. Knopf.
ISBN
0-394-57858-9
Randall, Richard S. (2003).
American constitutional development
. New York: Longman.
ISBN
978-0-8013-2019-4
Reck, Andrew J.
(June 1991). "The Enlightenment in American Law II: The Constitution".
The Review of Metaphysics
44
(4). Philosophy Education Society Inc.:
729–
754.
JSTOR
20129097
Stacy, Lee, ed. (2003).
Mexico and the United States
. Vol. 2. London: Marshall Cavendish.
ISBN
978-0-7614-7402-9
Starna, William A.; Hamell, George R. (1996). "History and the Burden of Proof: The Case of Iroquois Influence on the U.S. Constitution".
New York History
77
(4):
427–
452.
ISSN
0146-437X
JSTOR
23182553
Stubben, Jerry D. (September 2003). "The Indigenous Influence Theory of American Democracy".
Social Science Quarterly
81
(3). University of Texas Press:
716–
731.
JSTOR
42863999
Tooker, Elisabeth
(August 1988). "The United States Constitution and the Iroquois League".
Ethnohistory
35
(4). Duke University Press:
305–
336.
doi
10.2307/482139
JSTOR
482139
Warren, Charles
(1928).
The Making of the Constitution
. Boston: Little, Brown, and Company.
Werner, John M. (July–September 1972). "David Hume and America".
Journal of the History of Ideas
33
(3). University of Pennsylvania Press:
439–
456.
doi
10.2307/2709045
JSTOR
2709045
Wood, Gordon S. (1969).
The Creation of the American Republic, 1776–1787
. Chapel Hill: University of North Carolina Press.
ISBN
978-0-807-84723-7
Zeydel, Walter H. (October 1966).
"Sir William Blackstone and His Commentaries"
The Quarterly Journal of the Library of Congress
23
(4). Library of Congress:
302–
312.
JSTOR
29781237
Zink, James R. (2009). "The Language of Liberty and Law: James Wilson on America's Written Constitution".
The American Political Science Review
103
(3):
442–
445.
doi
10.1017/S0003055409990086
JSTOR
27798515
S2CID
145568103
"Magna Carta: Muse and Mentor; Magna Carta and the U.S. Constitution"
. Library of Congress. November 6, 2014
. Retrieved
May 10,
2023
"Constitution Sesquicentennial Issue"
. Smithsonian National Postal Museum
. Retrieved
November 28,
2023
"Constitution Ratification Issue"
. Smithsonian National Postal Museum
. Retrieved
November 28,
2023
Further reading
Bailyn, Bernard
, ed. (1993).
The Debate on the Constitution: Federalist and Antifederalist Speeches, Articles, and Letters During the Struggle for Ratification
. Vol. Part One: September 1787 to February 1788. The Library of America.
——, ed. (1993).
The Debate on the Constitution: Federalist and Antifederalist Speeches, Articles, and Letters During the Struggle for Ratification
. Vol. Part Two: January to August 1788. The Library of America.
ISBN
0-940450-64-X
Bordewich, Fergus M.
(2016).
The First Congress: How James Madison, George Washington, and A Group of Extraordinary Men Invented the Government
. New York: Simon & Schuster.
ISBN
978-1-4516-9193-1
Bradford, Melvin Eustace (1994).
Founding Fathers: Brief Lives of the Framers of the United States Constitution
. Lawrence: University Press of Kansas.
ISBN
978-0-7006-0656-6
Brown, Roger H. (1993).
Redeeming the Republic: Federalists, Taxation, and the Origins of the Constitution
. Johns Hopkins University Press.
ISBN
978-0-8018-6355-4
Bryce, James
(1891).
The American Commonwealth
. Vol. 1 (2nd ed.). London: Macmillan and Co. pp. [350]–397, [636]–645,
669–
682,
et passim
Casey, Gregory (Spring 1974). "The Supreme Court and Myth: An Empirical Investigation".
Law & Society Review
(3):
385–
420.
doi
10.2307/3053081
JSTOR
3053081
Collier, Christopher
Collier, James Lincoln
(1986).
Decision in Philadelphia: The Constitutional Convention of 1787
. New York: Random House.
ISBN
978-0394-52346-0
Dippel, Horst,
British and American Constitutional and Democratic Models (18th–20th Century)
EGO – European History Online
, Mainz:
Institute of European History
, 2018, retrieved: March 8, 2021 (
pdf
).
Elliot, Jonathan
The Debates in the Several State Conventions of the Adoption of the Federal Constitution
. Vol. 1:
Constitution, Declaration of Independence, Articles of Confederation, Journal of Federal Convention
, Vol. 2:
State Conventions Massachusetts, Connecticut, New Hampshire, New York, Pennsylvania, Maryland
, Vol. 3:
Virginia
, Vol. 4:
North and South Carolina, Resolutions, Tariffs, Banks, Debt
, Vol. 5:
Debates in Congress, Madison's Notes, Misc. Letters
Ellis, Joseph J. (2015).
The Quartet: Orchestrating the Second American Revolution, 1783–1789
. New York: Alfred A. Knopf.
ISBN
978-0385353403
OCLC
929123909
. Retrieved
July 1,
2024
Farrand, Max
(1921).
The Fathers of the Constitution
. New Haven, CT: Yale University Press.
—— (1913).
The Framing of the Constitution of the United States
. New Haven, CT: Yale University Press.
ISBN
978-0-300-00445-8
{{
cite book
}}
ISBN / Date incompatibility (
help
Ford, Paul Leicester
, ed. (1888).
Pamphlets on the Constitution of the United States, Published During its Discussion by the People, 1787–1788
. Brooklyn, NY: Brooklyn, N.Y;
Pamphlets written between 1787 and 1788 by Elbridge Gerry, Noah Webster, John Jay, Melancthon Smith, Pelatiah Webster, Tench Coxe, James Wilson, John Dickinson, Alexander Contee Hanson, Edmund Randolph, Richard Henry Lee, George Mason, and David Ramsay. The essay attributed to Gerry was in fact written by Mercy Otis Warren.
Fritz, Christian G.
(2008).
American Sovereigns: The People and America's Constitutional Tradition Before the Civil War
. Cambridge University Press.
Garvey, John H.; Aleinikoff, T. Alexander, eds. (1989).
Modern Constitutional Theory: A Reader
. St. Paul, MN: West Publishing Co.
ISBN
0-314-51813-4
Hall, Kermit
(1992).
The Oxford Companion to the Supreme Court of the United States
. New York: Oxford University Press.
ISBN
978-0-19-505835-2
Jensen, Merrill
(1964).
The Making of the American Constitution
. Princeton, NJ: Van Nostrand.
ISBN
0-442-00075-8
{{
cite book
}}
ISBN / Date incompatibility (
help
Jillson, Calvin C. (1988).
Constitution Making: Conflict and Consensus in the Federal Convention of 1787
. New York: Agathon Press.
ISBN
0-87586-081-8
Kaminski, John P.; Saladino, Gaspare J.; Leffler, Richard; Schoenleber, Charles H. & Hogan, Margaret A., eds. (1976).
Documentary History of the Ratification of the Constitution, 1976-
. Vol. Published volumes 1–10,
13–
23, forthcoming volumes 11–12, 24–29. Most recent volume:
The Documentary History of the Ratification of the Constitution, Vol. 23, Ratification by the States: New York, No. 5
. Madison: The State Historical Society of Wisconsin.
ISBN
978-0-87020-439-5
Klos, Stanley L.
(2004).
President Who? Forgotten Founders
. Pittsburgh, PA: Evisum. p. 261.
ISBN
0-9752627-5-0
Kurland, Philip B. & Lerner, Ralph, eds. (1987).
The Founders' Constitution
. University of Chicago Press and the Liberty Fund.
ISBN
0-86597-279-6
Lepore, Jill
(September 16, 2025).
We the People: A History of the U.S. Constitution
(First ed.). New York, NY:
Liveright Publishing Corporation
. pp. xii, 702.
ISBN
9781631496080
Levy, Leonard W.
; Karst, Kenneth L. & West, John G., eds. (1992).
Encyclopedia of the American Constitution
. New York: Macmillan.
Madison, James
(1966) [1840].
Notes of Debates in the Federal Convention of 1787
. Athens: Ohio University Press.
ISBN
978-0-8214-0011-1
Mason, Alpheus Thomas
; Beaney, William M. (1972).
Constitutional Law: Introductory Essays and Selected Cases
(Fifth ed.). Englewood Cliffs, NJ: Prentice-Hall.
ISBN
0-13-024752-9
McDonald, Forrest
(1958).
We the People: The Economic Origins of the Constitution
. Chicago: University of Chicago Press.
Menand, Louis
, "Move to Trash: Is it time for a new Constitution?",
The New Yorker
, 30 September 2024, pp. 57–62.
Rakove, Jack N.
(2010).
Revolutionaries: Inventing an American Nation
. London: William Heinemann.
ISBN
978-0-434-01057-8
Robertson, David Brian (2013).
The Original Compromise: What the Constitutional Framers Were Really Thinking
. New York: Oxford University Press.
ISBN
978-0-19-979629-8
Rosenfeld, Sam, "The Cracked Foundation: Steven Levitsky and Daniel Ziblatt explained
How Democracies Die
. But the problems went deeper than they thought" (review of
Steven Levitsky
and
Daniel Ziblatt
Tyranny of the Minority: Why American Democracy Reached the Breaking Point
, Crown, 2023, 384 pp.),
The New Republic
, December 2023, pp. 48–54. "In the name of jettisoning the system's
counter-majoritarian
vestiges, [the authors] advocate such modest reforms as the end of equal representation of states in the
Senate
; abolition of the
Electoral College
cloture
reform to eliminate the
Senate filibuster
; sweeping new
voting rights
legislation under the aegis of a new
constitutional amendment
affirming a positive right to vote; and
term limits
and regularized appointment schedules for
Supreme Court
justices. Having documented the... difficulty of enacting constitutional change under the U.S. amendment process (the reform of which is
also
on their prescriptive wish list), [the authors] acknowledge the steep odds that such an undertaking faces." (p. 54.)
Tribe, Laurence H.
(1988) [1st published 1977].
American Constitutional Law
. Mineola, NY: Foundation Press.
ISBN
978-0882-77601-9
Yale Law School.
"The Avalon Project: Notes on the Debates in the Federal Convention"
The Avalon Project
. Yale Law School
. Retrieved
May 8,
2011
Yates, Robert
(1821).
Secret Proceedings and Debates of the Convention Assembled at Philadelphia, in the Year 1787: For the Purpose of Forming the United States of America
. Albany: Websters and Skinners.
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Outline
Index
Category
Portal
James Madison
4th
President of the United States
(1809–1817)
5th
U.S. Secretary of State
(1801–1809)
United States House of Representatives
(1789–1797)
Congress of the Confederation
(1781–1783)
Virginia House of Delegates
(1776–1779, 1784–1786)
Delegate, Fifth Virginia Convention
(1776)
"Father of the
Constitution"
Co-wrote, 1776 Virginia Constitution
1786 Annapolis Convention
1787 Constitutional Convention
Virginia Plan
Constitution of the United States
Notes of Debates in the Federal Convention of 1787
Department of Foreign Affairs
The Federalist Papers
written by Madison
No. 10
No. 51
Virginia Ratifying Convention
United States Bill of Rights
27th amendment
Constitution drafting and ratification timeline
Tariff of 1789
Founding Fathers
Presidency
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Second inauguration
Tecumseh's War
Battle of Tippecanoe
War of 1812
origins
Henry letters
Burning of Washington
The Octagon House
Treaty of Ghent
Seven Buildings residence
results
Second Barbary War
Era of Good Feelings
Second Bank of the United States
State of the Union Address (1810
1814
1815
1816)
Cabinet
Federal judiciary appointments
Supreme Court nomination of Alexander Wolcott
Supreme Court nomination of John Quincy Adams
Other noted
accomplisments
Co-founder, American Whig Society
Co-author, George Washington's Farewell Address
Supervised the Louisiana Purchase
Anti-Administration party
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Compromise of 1790
Democratic-Republican Party
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James Madison and slavery
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1794
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1812
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Virginia dynasty
Family
Dolley Madison
(wife)
John Payne Todd
(stepson)
James Madison Sr.
(father)
Eleanor Madison
(mother)
William Madison
(brother)
Ambrose Madison
(grandfather)
James Taylor
(great-grandfather)
← Thomas Jefferson
James Monroe →
Category:James Madison
Gouverneur Morris
U.S. Senator from New York, 1800–1803
Minister to the Court of Versailles, 1792–1794
Second Continental Congress, 1778–1779
United States
Founding events
Signed, Articles of Confederation
New York Constitution
(1777)
Wrote, Preamble to the United States Constitution
Co-wrote, signed,
United States Constitution
Namesakes
Town of Gouverneur, New York
Village of Gouverneur, New York
SS
Gouverneur Morris
Related
Founding Fathers
Gouverneur Morris, Jr. (son)
Lewis Morris (father)
Lewis Morris (brother)
Staats Long Morris (brother)
Richard Morris (brother)
Lewis Morris (grandfather)
A More Perfect Union
(1989 film)
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