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Constitution of the United States

Supreme law of the United States of America since March 4th, 1789
(Redirected from Article II of the United States Constitution)
"US Constitution" redirects here. For the ship, see USS Constitution.

The United States Constitution is the highest law of the United States of America. It was signed on September 17, 1787 by the Constitutional Convention in Philadelphia, Pennsylvania. Later, it was put into effect, or ratified, by representatives of the people of the first 13 states.[1] When nine of the states ratified the document, they created a union of sovereign states, and a federal government for that union. That government started on March 4, 1789, which took the place of the Articles of Confederation.

The Constitution of the United States is the oldest federal constitution now in use.[2] Of all the countries in the world, only San Marino's constitution is in part older, from 1600. Some countries also have an "uncodified" constitution containing older documents, such as the United Kingdom, and also Saudi Arabia, which claims the Quran as its constitution.

Since 1787, changes have been made to the United States Constitution 27 times by amendments (changes). The first ten of these amendments are together called the Bill of Rights and came into effect in 1791. The most recent, the 27th amendment, came into effect in 1992, although it was proposed already in 1789. Making an amendment is very difficult, and demands a two-thirds majority vote in US Congress and ratification (agreement) by three-fourths of all 50 states. However, the Supreme Court has changed its interpretation of the constitution, which in effect changes what the text means and how it affects other laws, more often than actual amendments.

Articles of the Constitution

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When it was signed in 1787, the Constitution had a preamble and seven main parts, called articles.

Preamble

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The Preamble states:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The Preamble is not a law. It gives the reasons for writing the Constitution. The Preamble is one of the best-known parts of the Constitution. The first three words, "We the People", are used very often. The six intentions that are listed are the goals of the Constitution.

Legislative power

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Article One says that the United States Congress (the legislative branch) will make the laws for the United States. Congress has two parts, called "Houses": the United States House of Representatives and the United States Senate. This Article says who can be elected to each part of Congress, and how they are elected.

The House of Representatives has members elected by the people in each State. The number of members from each State depends on how many people live there. Each member of the House of Representatives is elected for two years.

The Senate has two members, called the legislators, from each state, no matter how many people live there. Each Senator is elected for six years. The original Constitution allowed the state legislatures to choose the Senators, but this was changed later by the Seventeenth Amendment.

Article One also says how the Congress will do its business and what kinds of laws it can make. It lists some kinds of laws the Congress and the states cannot make.

Article One also makes rules for Congress to impeach and remove from office the President, Vice President, judges, and other government officers.

Executive power

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Article Two says that the President, Vice President, and executive offices (the executive branch) will carry out the laws made by Congress. This article says how the President and Vice President are elected, and who can be elected to these offices. The President and Vice President are elected for four years by a special Electoral College chosen by the states. The Vice President takes over as President if the President dies, resigns, or is unable to serve.

Article Two also says that the President is the Commander-in-Chief in charge of the United States military. He can make treaties with other countries, but these must be approved by two-thirds of the Senate. He appoints judges, ambassadors, and other officers, but the Senate also must approve these appointments. The President can also veto bills. However, Congress can override the veto and make the bill into a law anyway.

Judicial power

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Article Three says there will be a court system (the judicial branch), which includes the Supreme Court. The Article says that Congress can decide which federal courts, besides the Supreme Court, are needed.

Article Three says what kinds of "cases and controversies" these courts can decide. It also requires trial by jury in all criminal cases, and defines the crime of treason.

States' powers and limits

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Article Four is about the states. It says that all states must give "full faith and credit" to the laws of the other states. It also says that state governments must treat citizens of other states as fairly as they treat their own citizens, and must send arrested people back if they have been charged with a crime in another state and fled.

Article Four also says that Congress can make new states. There were only 13 states in 1787. Now there are 50 United States. It says Congress can make rules for Federal property and can govern territories that have not yet been made into states. Article Four says the United States must make sure that each state has a republican form of government, and protect the states from invasion and violence.

Process of amendment

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Article Five gives two ways to amend, or change, the Constitution.

  1. Congress can write a change, if two-thirds of the members in each House agree.
  2. The state governments can call a convention to write changes, although this has not happened since 1787.

Any change that is written by Congress or by a convention must be sent to the state legislatures or to state conventions for their approval. Congress decides whether to send a change to the legislatures or to conventions. Three-fourths of the states must approve a change for it to become part of the Constitution.

An amendment can change any part of the Constitution, except one—no amendment can change the rule that each state has an equal number of Senators in the United States Senate.

Federal power

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Article Six says that the Constitution, and the laws and treaties of the United States, are higher than any other laws. It also says that all federal and state officers must swear to "support" the Constitution.

Ratification

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Article Seven says that the new government under the Constitution would not start conventions until at least nine states approved the Constitution.

Amendments

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Since 1787, Congress has written 33 amendments to change the Constitution, but the states have ratified only 27 of them.

Bill of Rights

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The first ten amendments are called the Bill of Rights. They were argued over during the Constitutional Convention of 1787, but it was not until 1791 that they were ratified by two-thirds of the states.[3] These ten additions or changes all limited the power of the federal government. They are:

Number Year Description
1st 1791 Congress must protect the rights of freedom of speech, freedom of the press, freedom of assembly, and freedom of petition. Congress cannot create a national religion.
2nd 1791 "A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed." - People have the right to keep and carry weapons, such as guns.
3rd 1791 The government cannot send soldiers to live in private homes without the permission of the owners.
4th 1791 The government cannot get a warrant to arrest a person or search their property unless there is "probable cause" to believe a crime has been committed.
5th 1791 The government cannot put a person on trial for a serious crime until a grand jury has written an indictment. If a person is found not guilty in a trial, they cannot be put on trial again for the same crime. The government must follow due process of law before punishing a person or taking their property. A person on trial for a crime does not have to testify against himself in court.
6th 1791 Any person who is accused of a crime should get a speedy trial by a jury. That person can have a lawyer during the trial. They must be told what they are charged with. The person can question the witnesses against them, and can get their own witnesses to testify.
7th 1791 A jury trial is needed for civil cases.
8th 1791 The government cannot require excessive bail or fines, or any cruel and unusual punishment.
9th 1791 The listing of individual rights in the Constitution and Bill of Rights does not include all of the rights of the people and the states.
10th 1791 Anything that the Constitution does not say Congress can do should be left up to the states, or to the people.

Later Amendments

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After the Bill of Rights, there are 17 more changes to the Constitution that were made at different times.

Number Year Description
11th 1795 Citizens cannot sue states in federal courts. There are some exceptions.
12th 1804 Changed the way the President and Vice President are elected.
13th 1865 Ended slavery in the United States.
14th 1868 Every person born in the United States is a citizen. States must follow due process of law before taking away any citizen's rights or property.
15th 1870 A citizen's right to vote cannot be taken away because of race, the color of their skin, or because they used to be slaves.
16th 1913 Congress can put a tax on income.
17th 1913 The people will elect Senators. Before this, Senators were elected by state legislatures.
18th 1919 Made a law against drinking alcohol, called Prohibition.
19th 1920 Gave women the right to vote.
20th 1933 Changed the days for meetings of Congress and for the start of the President's term of office.
21st 1933 Ended the Prohibition law of the Eighteenth Amendment. States can make laws about how alcohol is used in each state.
22nd 1951 A person may not be elected President more than two times.
23rd 1961 Gave the people in the District of Columbia the right to vote for President.
24th 1964 Made it illegal to make anyone pay a tax to have the right to vote.
25th 1967 Changes what happens if a President dies, resigns, or is not able to do the job. Says what happens if a Vice President dies or resigns.
26th 1971 Makes 18 years old the minimum age for people to be allowed to vote.
27th 1992 Limits how Congress can increase how much its members are paid.
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References

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  • Amar, Akhil Reed (2005). "In the Beginning". America's Constitution: A Biography. New York: Random House. ISBN 1-4000-6262-4.
  • Bailyn, Bernard, ed. The Debate on the Constitution: Federalist and Antifederalist Speeches, Articles, and Letters During the Struggle for Ratification. Part One: September 1787 to February 1788 (The Library of America, 1993) ISBN 0-940450-42-9
  • Bailyn, Bernard, ed. The Debate on the Constitution: Federalist and Antifederalist Speeches, Articles, and Letters During the Struggle for Ratification. Part Two: January to August 1788 (The Library of America, 1993) ISBN 0-940450-64-X
  • Edling, Max M. (2003). A Revolution in Favor of Government: Origins of the U.S. Constitution and the Making of the American State. Oxford University Press. ISBN 0-19-514870-3.
  • Ellis, Joseph (2002). Founding Brothers: The Revolutionary Generation. Vintage. ISBN 0-375-70524-4.
  • Fallon, Richard H. (2004). The Dynamic Constitution: An Introduction to American Constitutional Law. Cambridge University Press. ISBN 0-521-84094-5.
  • Farris, Michael P. (July–August 2005). "Through the Founders' Eyes: Was the Constitution Illegally Adopted?". The Home School Court Report. 21 (4): 6–10. Archived from the original on 2006-08-18. Retrieved 2006-09-25. excerpt from (to be published) Constitutional Law for Enlightened Citizens.
  • Finkelman, Paul "Affirmative Action for the Master Class: The Creation of the Proslavery Constitution," University of Akron Law Review 32 (No. 3, 1999): 423-70.
  • Finkelman, Paul Slavery and the Founders: Race and Slavery in the Age of Jefferson (Armonk, N.Y.: M.E. Sharpe, 1996);
  • Finkelman, Paul "Slavery and the Constitution: Making a Covenant with Death," in Richard R. Beeman, Stephen Botein, and Edward C., Carter, II, eds., Beyond Confederation: Origins of the Constitution and American National Identity (Chapel Hill: University of North Carolina Press, 1987);
  • Hall, Kermit L. (1984). A Comprehensive Bibliography of American Constitutional and Legal History, 1896-1979. Millwood, N. Y.: Kraus International. ISBN 0-527-37408-3.
  • Kammen, Michael (1986). A Machine that Would Go of Itself: The Constitution in American Culture. New York: Alfred A. Knopf. ISBN 0-394-52905-7.
  • Kelly, Alfred Hinsey; Harbison, Winfred Audif; Belz, Herman (1991). The American Constitution: its origins and development (7th ed.). New York: Norton & Co. ISBN 0-393-96119-2.
  • Levy, Leonard W., ed. (2000). Encyclopedia of the American Constitution (2nd ed.). New York: Macmillan. ISBN 0-02-864880-3.
  • Marshall, Thurgood, "The Constitution: A Living Document," Howard Law Journal 1987: 623-28.
  • Mazzone, Jason (2005). "The Creation of a Constitutional Culture". Tulsa Law Review. 40 (4): 671.
  • Smith, Jean Edward; Levine, Herbert M. (1988). Civil Liberties & Civil Rights Debated. Englewood Cliffs, New Jersey: Prentice Hall.
  • Smith, Jean Edward (1996). John Marshall: Definer Of A Nation. New York: Henry Holt & Company.
  • Smith, Jean Edward (1989). The Constitution And American Foreign Policy. St. Paul, MN: West Publishing Company.
  • Wiecek, William M., "The Witch at the Christening: Slavery and the Constitution's Origins," Leonard W. Levy and Dennis J. Mahoney, eds., The Framing and Ratification of the Constitution (New York: Macmillan, 1987), 178-84.
  • Wiecek, William M., "'The Blessings of Liberty': Slavery in the American Constitutional Order," in Robert A. Goldman and Art Kaufman, eds., Slavery and Its Consequences: The Constitution, Equality, and Race (Washington, D.C.: American Enterprise Institute, 1988), 23-34.

Other websites

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National Archives

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Official U.S. government sources

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Non-government web sites

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Activist/advocacy web sites

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References

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  1. ↑ Library of Congress
  2. ↑ "US Government Printing Office". Archived from the original on 2006-12-06. Retrieved 2006-09-25.
  3. ↑ Exploring Constitutional Conflicts
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