Why is 1999 an important date?
Constitution of the United States sets forth the nation's
fundamental laws. It establishes the form of the national
government and defines the rights and liberties of the American
people. It also lists the aims of the government and the methods of
achieving them. The Constitution was written to organize a strong
national government for the American states. Previously, the
nation's leaders had established a national government under the
Articles of Confederation (see ARTICLES OF CONFEDERATION). But the
Articles granted independence to each state. They lacked the
authority to make the states work together to solve national
problems. After the states won independence in the Revolutionary
War (1775-1783), they faced the problems of peacetime government.
The states had to enforce law and order, collect taxes, pay a large
public debt, and regulate trade among themselves. They also had to
deal with Indian tribes and negotiate with other governments.
Leading statesmen, such as George Washington and Alexander
Hamilton, began to discuss the creation of a strong national
government under a new constitution. Hamilton helped bring about a
national convention that met in Philadelphia in 1787 to revise the
Articles of Confederation. But a majority of the delegates at the
convention decided instead to write a new plan of government-the
Constitution of the United States. The Constitution established not
merely a league of states but a government that exercised its
authority directly over all citizens. The Constitution also defined
clearly the powers of the national government. In addition, it
established protection for the rights of the states and of every
individual. The supreme law of the land The Constitution consists
of a preamble, 7 articles, and 27 amendments. It sets up a federal
system by dividing powers between the national and state
governments. It also establishes a balanced national government by
dividing authority among three independent branches-the executive,
the legislative, and the judicial. The executive branch enforces
the law, the legislative branch makes the law, and the judicial
branch interprets the law. The executive branch of the national
government is usually represented by the president, the legislative
branch by Congress, and the judicial branch by the Supreme Court.
This division of the government into three branches is known as the
separation of powers. Each branch can use its powers to check and
balance (exercise control over) the other two. See UNITED STATES,
GOVERNMENT OF THE (Separation of powers). Federal powers listed in
the Constitution include the right to collect taxes, declare war,
and regulate trade. In addition to these delegated, or expressed,
powers (those listed in the Constitution), the national government
has implied powers (those reasonably suggested by the
Constitution). The implied powers enable the government to respond
to the changing needs of the nation. For example, Congress had no
delegated power to print paper money. But such a power is implied
in the delegated powers of borrowing and coining money. There are
some powers that the Constitution does not give to the national
government or forbid to the states. These reserved powers belong to
the people or to the states. State powers include the right to
legislate on divorce, marriage, and public schools. Powers reserved
for the people include the right to own property and to be tried by
a jury. In some cases, the national and state governments have
concurrent powers-that is, both levels of government may act. The
national government has supreme authority in case of a conflict.
The Supreme Court has the final authority to explain the
Constitution. It can set aside any law-federal, state, or
local-that conflicts with any part of the Constitution. The need
for the Constitution The government established by the Articles of
Confederation was not strong enough to govern the new nation. For
example, it lacked an executive branch and a system of national
courts. It could not regulate trade between the states or tax the
states or their citizens. In addition, it could not maintain its
own army. The government was little more than an assembly of the
representatives of 13 independent states. Before almost any measure
could be adopted, it had to be approved by at least 9 of the
states. In 1783, after the Revolutionary War, the nation entered a
period of unstable commercial and political conditions. Alexander
Hamilton and his supporters would have had little success in their
campaign for a new constitution if conditions had been better. Some
historians have painted the troubles of the new republic in much
too gloomy colors. But little doubt remains that the situation
became steadily worse after 1783. Each state acted almost like an
independent country. Each ran its own affairs exactly as it saw
fit, with little concern for the needs of the republic. The states
circulated a dozen different currencies, most of which had little
value. Neighboring states taxed each other's goods. The United
Kingdom refused to reopen the channels of trade that the colonies
had depended on for their economic well-being. The state
legislatures refused to pay the debts they had assumed during the
Revolutionary War. Many states passed laws that enabled debtors to
escape paying their obligations. Worst of all, some people began to
think once again of taking up arms in order to solve their
problems. In western Massachusetts in 1786, hundreds of farmers
under Captain Daniel Shays rebelled against the state government in
Boston. State troops finally put down Shays's Rebellion (see
SHAYS'S REBELLION). George Washington and other leaders wondered
whether the colonies had rebelled against the United Kingdom in
vain. They felt it was time to end these troubles and bring peace
and order by forming a new national government. This new government
would have to be strong enough to gain obedience at home and
respect abroad. Representatives from five states met in Annapolis,
Maryland, in 1786. They proposed that the states appoint
commissioners to meet in Philadelphia and consider revising the
Articles of Confederation (see ANNAPOLIS CONVENTION). Congress
agreed to the proposal and suggested that each state select
delegates to a constitutional convention. The Constitutional
Convention The convention was supposed to open on May 14, 1787. But
few of the 55 delegates had arrived in Philadelphia by that date.
Finally, on May 25, the convention formally opened in Independence
Hall. Twelve states had responded to the call for the convention.
Rhode Island refused to send delegates because it did not want the
national government to interfere with its affairs. Of the 55
delegates, 39 signed the United States Constitution on Sept. 17,
1787. One of the signers was John Dickinson of Delaware, who left
the convention but asked another delegate, George Read, to sign for
him. William Jackson of Philadelphia, a former major in the
Revolutionary War who was chosen to serve as the convention
secretary, witnessed the signatures. The delegates included some of
the most experienced and patriotic men in the new republic. George
Washington served as president of the convention. Benjamin
Franklin, at the age of 81, attended as a representative of
Pennsylvania. The brilliant Alexander Hamilton represented New
York. James Madison of Virginia received the title of "Father of
the Constitution" with his speeches, negotiations, and attempts at
compromise. Madison told the delegates they were considering a plan
that "would decide forever the fate of republican government." He
kept a record of the delegates' debates and decisions. Other men
who had much to do with writing the new Constitution included John
Dickinson, Gouverneur Morris, Edmund Randolph, Roger Sherman, James
Wilson, and George Wythe. Morris was given the task of putting all
the convention's resolutions and decisions into polished form.
Morris actually "wrote" the Constitution. The original copy of the
document is preserved in the National Archives Building in
Washington, D.C. Several important figures of the time did not
attend the convention. John Adams and Thomas Jefferson were absent
on other government duties. Samuel Adams and John Jay failed to be
appointed delegates from their states. Patrick Henry refused to
serve after his appointment because he opposed granting any more
power to the national government. Three leading members of the
convention--Elbridge Gerry, George Mason, and Edmund
Randolph-refused to sign the Constitution because they disagreed
with parts of it. The background of the Constitution. The delegates
to the Constitutional Convention relied greatly on past experience
as they worked to create a new government. They recalled many
important events in the development of constitutional government.
These included the granting of Magna Carta, an English
constitutional document, in 1215 and the meeting of the Jamestown
representative assembly in 1619 (see MAGNA CARTA). Some of the
American Colonies also served as examples of constitutional forms
of government. While colonial governments had weaknesses, they had
progressed beyond other governments of their time in achieving
liberty under law. All American states established constitutional
governments after they declared their independence from the United
Kingdom in 1776. In 1777, John Jay of New York had helped write a
constitution for his state. John Adams of Massachusetts had helped
write the Massachusetts Constitution of 1780. Delegates to the
convention in Philadelphia used many ideas and words from the
constitutions of these and other states. The delegates also drew on
their own experiences. Franklin had proposed a plan at the Albany
Congress of 1754 to unify the colonies under a central government
(see ALBANY CONGRESS). Washington remembered his own problems
during the war when, as commander in chief, he had to work with the
frequently divided Continental Congress. Almost every delegate to
the convention had served as a soldier or administrator of the
government. They often disagreed on details but were united in
wanting the new government to be strong enough to rule the nation.
They also wanted it to respect the liberties of the states and of
the people. The compromises. The task of creating a new government
was not easily accomplished. Disputes among the delegates nearly
ended the convention on several occasions. For example, delegates
from the large states disagreed with those from the small states
about representation in the national legislature. The larger states
favored the Virginia Plan, under which population would determine
the number of representatives a state could send to the
legislature. The small states supported the New Jersey Plan, which
proposed that all the states would have an equal number of
representatives. The Connecticut delegates suggested a compromise
that settled the problem. Their plan provided for equal
representation in the Senate, along with representation in
proportion to population in the House of Representatives. This
proposal became known as the Connecticut Compromise or the Great
Compromise. Compromises also settled conflicts over the issue of
slavery. The delegates from the Northern states wanted Congress to
have the power to forbid the foreign slave trade. Most Southern
delegates did not wish Congress to have this power. A compromise
decided that Congress would not be allowed to regulate the foreign
slave trade until 1808. Another compromise involved the question of
how to count slaves in determining how many members of Congress a
state could have. Slaves were not considered citizens, and so the
convention agreed that only three-fifths of a state's slaves could
be counted. The delegates agreed that each state should hold a
special convention to discuss and vote on the Constitution. They
also decided that as soon as nine states had ratified (approved)
the Constitution, the Constitution would take effect and they could
begin to organize the new government. Ratifying the Constitution
Less than three months after the Constitution was signed, Delaware
became the first state to ratify it, on Dec. 7, 1787. New Hampshire
was the ninth state, putting the Constitution into effect on June
21, 1788. But the Founding Fathers could not be sure that the
Constitution would be generally accepted until the important states
of New York and Virginia had ratified it. Powerful organized
opposition to the Constitution had developed in these two states
and in others. Such people as Elbridge Gerry, Patrick Henry,
Richard Henry Lee, and George Mason spoke out against ratification.
Critics objected that a bill of rights had not been included, that
the president had too much independence, and that the Senate was
too aristocratic. They also thought Congress had too many powers
and the national government had too much authority. Friends of the
Constitution rallied support for ratification. They became known as
Federalists. Their opponents were called Anti-Federalists. The two
groups promoted their causes in newspapers, in pamphlets, and in
debates in the ratifying conventions (see ANTI-FEDERALISTS;
FEDERALIST, THE; FEDERALIST PARTY). The groups developed into the
first American political parties. Virginia ratified the
Constitution on June 25, 1788, and New York did so on July 26.
Early in January 1789, all the ratifying states except New York
selected presidential electors in their legislatures or by a direct
vote of the people. On February 4, the electors named George
Washington as the first president of the United States. The first
Congress under the Constitution met in New York City on March 4.
Washington was inaugurated on April 30. North Carolina and Rhode
Island refused to approve the Constitution and take part in the new
government until Congress agreed to add a bill of rights. The Bill
of Rights The Federalists might never have obtained ratification in
several important states if they had not promised to support
amendments to the Constitution. These amendments were written to
protect individual liberties against possible unjust rule by the
national government. Most state constitutions that were adopted
during the Revolution had included a clear declaration of the
rights of all people. Most Americans believed that no constitution
could be considered complete without such a declaration. George
Mason of Virginia was responsible for the first and most famous
American bill of rights, the Virginia Declaration of Rights of
1776. He and Patrick Henry might have prevented ratification of the
Constitution in Virginia if the Federalists had not agreed to their
demands for amendments. James Madison led the new Congress in
proposing amendments. He suggested 15 amendments, and the Congress
accepted 12 of them to be submitted for approval by the states
under the amending process outlined in the Fifth Article of the
Constitution. By Dec. 15, 1791, enough states had approved 10 of
the 12 amendments to make them a permanent addition to the
Constitution. These amendments are known as the Bill of Rights. One
of the two unapproved amendments dealt with the size of the House
of Representatives. It would have changed representation from no
more than one representative for every 30,000 people to one for
every 50,000 people. The other unapproved amendment provided that
whenever Congress changed the salaries of its members, the change
could not take effect until after the next election of
representatives had been held. This amendment was ratified in 1992.
See BILL OF RIGHTS. The development of the Constitution Through the
years, the Constitution has developed to meet changing needs. James
Madison declared, "In framing a system which we wish to last for
ages, we should not lose sight of the changes which ages will
produce." The Constitution was designed to serve the interests of
the people-rich and poor, Northerners and Southerners, farmers,
workers, and business people. The Anti-Federalists accepted defeat
when the Constitution was adopted and set about to win power under
its rules. Their action set a style for American politics that has
never changed. Americans sometimes feel dissatisfied with the
policies of those who govern. But few Americans have condemned the
constitutional system or demanded a second constitutional
convention. Delegates to the Constitutional Convention believed
strongly in the rule of the majority, but they wanted to protect
minorities against any unjustness by the majority. They achieved
this goal by separating and balancing the powers of government.
Other basic constitutional aims included respect for the rights of
individuals and states, rule by the people, separation of church
and state, and supremacy of the national government. Amendments are
additions to the Constitution. Today, there are 27 amendments. An
amendment may be proposed by two-thirds of each house of Congress,
or by a national convention called by Congress in response to
requests by two-thirds of the state legislatures. It becomes part
of the Constitution after being ratified either by the legislatures
of three-fourths of the states or by conventions in three-fourths
of the states. Congress decides which form of ratification should
be used and how much time the states have to consider each
amendment. In many cases, Congress has chosen a seven-year period
for such consideration. The process of amending the Constitution
was designed to be difficult, so that the nation would have to
think carefully about any proposed changes before adopting them.
Laws have added to the meaning of the Constitution. The delegates
to the Constitutional Convention knew they could not write laws for
every possible situation. Therefore, they gave Congress the right
to pass all laws that were "necessary and proper" to carry out
powers granted by the Constitution to the president, Congress, and
federal courts. Congress has passed laws to establish such
administrative organizations as the Federal Aviation Administration
and the Postal Service. Congress has also passed laws to regulate
interstate commerce, thereby controlling many aspects of the
economy. Court decisions. Federal and state judges apply the
Constitution in many court cases. The Supreme Court has the final
authority in interpreting the meaning of the Constitution in any
specific case. The court has the power of judicial review-that is,
it can declare a law unconstitutional. The court has this power
largely because of the decision of Chief Justice John Marshall in
the case of Marbury v. Madison in 1803 (see MARBURY V. MADISON).
Since that time, the court has ruled that all or parts of more than
125 federal laws and over 1,000 state laws were unconstitutional.
The court can also overrule itself, and it has done so about 200
times. Presidential actions. Strong presidents have used their
authority to expand the simple words of the Second Article of the
Constitution into a source of great presidential power. Such
presidents include George Washington, Thomas Jefferson, Andrew
Jackson, Abraham Lincoln, Theodore Roosevelt, Woodrow Wilson, and
Franklin D. Roosevelt. Washington, for example, made the president
the leading figure in foreign affairs. Lincoln used the powers set
forth in the article to free slaves during the American Civil War
(1861-1865). Customs have made the Constitution flexible and have
added to the powers of the national government. For example, the
president's Cabinet developed from the words in the Second Article
that permit the chief executive to "require the opinion, in
writing, of the principal officer in each of the executive
departments, upon any subject relating to the duties of their
respective offices. ..." State and party actions. The Constitution
provides for a general method of electing a president. It does not
mention political parties. But state laws and political-party
practices have changed the constitutional system of voting into the
exciting campaigns and elections that take place today. The
Constitution has continued to develop in response to the demands of
an ever-growing society through all these methods. Yet the spirit
and wording of the Constitution have remained constant. People of
each generation have applied its provisions to their own problems
in ways that seem reasonable to them. The British statesman William
E. Gladstone described the Constitution as "the most wonderful work
ever struck off at a given time by the brain and purpose of man."
In a world of change and struggle, the American people have no more
precious possession than this great document. Contributor: Bruce
Allen Murphy, Ph.D., Fred Morgan Kirby Professor of Civil Rights,
Lafayette College. Questions Why were the Articles of Confederation
of 1781 inadequate for governing the United States? What
compromises were made in forming the Constitution? What were some
major objections against the newly formed Constitution? How did
controversy over the Constitution result in creating the first
American political parties? In what two states was there especially
powerful organized opposition to ratifying the Constitution? What
government body has the final authority in interpreting the
Constitution? What were some of the reasons for including a bill of
rights in the Constitution? What are delegated powers? Implied
powers? Reserved powers? Concurrent powers? Additional resources
Amar, Akhil R. America's Constitution. Random Hse., 2005. Fradin,
Dennis B. The Founders: The 39 Stories Behind the U.S.
Constitution. Walker, 2005. Younger readers. Leebrick, Kristal. The
United States Constitution. Bridgestone, 2002. Younger readers.
Levy, Leonard W., and Karst, K. L., eds. Encyclopedia of the
American Constitution. 2nd ed. 6 vols. Macmillan Lib. Reference,
2000. Maddex, Robert L. The U.S. Constitution A to Z. CQ Pr., 2002.
Vile, John. The Constitutional Convention of 1787. 2 vols.
ABC-CLIO, 2005. Constitution of the United States/The Constitution
The text of the Constitution follows. All words are given their
modern spelling and capitalization. Brackets-[ ]-indicate parts
that have been changed or set aside by amendments. Notes follow
some sections to explain the meaning of certain passages or
describe how certain passages have worked in practice. The notes
were written by Bruce Allen Murphy. Preamble We the people of the
United States, in order to form a more perfect Union, establish
justice, insure domestic tranquility, provide for the common
defense, promote the general welfare, and secure the blessings of
liberty to ourselves and our posterity, do ordain and establish
this Constitution for the United States of America. Article I The
legislative branch Section 1. All legislative powers herein granted
shall be vested in a Congress of the United States, which shall
consist of a Senate and House of Representatives. Notes: The first
three articles of the Constitution divide the powers of the United
States government among three separate branches: (1) the
legislative branch, represented by Congress; (2) the executive
branch, represented by the president; and (3) the judicial branch,
represented by the Supreme Court. This division, called the
separation of powers, is designed to prevent any branch of the
government from becoming too powerful. Article I says that only
Congress has the power to make laws. Congress cannot give these
powers to any other body. Through the years, however, Congress has
created various federal agencies to make regulations and put its
policies into practice. Such agencies include the Federal Trade
Commission, the Federal Power Commission, and the Commission on
Civil Rights. The two-house Congress was one of the most important
compromises of the Constitutional Convention. The small states at
the convention supported the New Jersey plan, under which each
state would have had the same number of representatives. The large
states at the convention wanted the Virginia plan, which provided
representation based on population. As a compromise, one house was
chosen according to each plan. The House of Representatives Section
2 (1). The House of Representatives shall be composed of members
chosen every second year by the people of the several states, and
the electors in each state shall have the qualifications requisite
for electors of the most numerous branch of the state legislature.
Notes: Members of the House of Representatives are elected to
two-year terms. If a person is eligible to vote for the "most
numerous branch" of his or her state legislature, he or she is also
eligible to vote for members of Congress. The "most numerous
branch" is the house that has the most members. All states except
Nebraska have a two-house state legislature. The question of who
can vote for state legislators is entirely up to the state, subject
to the restrictions of the Constitution and federal law. The 15th,
19th, 24th, and 26th amendments forbid the states to deny or
restrict a citizen's right to vote because of race, sex, or failure
to pay a tax; or age if the person is at least 18 years old.
Section 2 (2). No person shall be a representative who shall not
have attained to the age of twenty-five years, and been seven years
a citizen of the United States, and who shall not, when elected, be
an inhabitant of that state in which he shall be chosen. Notes:
Each state decides for itself the requirements for legal residence,
subject to constitutional limits. Most representatives live not
only in the state but also in the district from which they are
chosen. Section 2 (3). Representatives and direct taxes shall be
apportioned among the several states which may be included within
this Union, according to their respective numbers, [which shall be
determined by adding to the whole number of free persons, including
those bound to service for a term of years, and excluding Indians
not taxed, three-fifths of all other persons]. The actual
enumeration shall be made within three years after the first
meeting of the Congress of the United States, and within every
subsequent term of ten years, in such manner as they shall by law
direct. The number of representatives shall not exceed one for
every thirty thousand, but each state shall have at least one
representative; [and until such enumeration shall be made, the
state of New Hampshire shall be entitled to choose 3, Massachusetts
8, Rhode Island and Providence Plantations 1, Connecticut 5, New
York 6, New Jersey 4, Pennsylvania 8, Delaware 1, Maryland 6,
Virginia 10, North Carolina 5, South Carolina 5, and Georgia 3].
Notes: The effect of this paragraph has been greatly changed, both
by amendments and by new conditions. It now provides only three
things: (1) the number of representatives given to each state shall
be based on its population; (2) Congress must see that the people
of the United States are counted every 10 years; and (3) each state
gets at least one representative. The Founding Fathers probably
considered the words "and direct taxes" to apply to poll and
property taxes. The 16th Amendment gives Congress the right to tax
a person according to the size of his or her income, rather than to
tax a person according to the population of the state in which the
person happens to live. In the reference to "three-fifths of all
other persons," the "other persons" meant black slaves. Since there
are no longer any slaves, this part of the paragraph no longer has
any meaning. The average House district has well over half a
million people, so the requirement that there shall be no more than
one representative for every 30,000 people no longer has any
practical force. In 1929, Congress fixed the total number of
representatives at 435. Section 2 (4). When vacancies happen in the
representation from any state, the executive authority thereof
shall issue writs of election to fill such vacancies. Notes: If a
vacancy occurs in a House seat, the state governor must call a
special election to fill it. However, if the next regularly
scheduled election is to be held soon, the governor may allow the
seat to remain empty rather than call a special election. Section 2
(5). The House of Representatives shall choose their speaker and
other officers; and shall have the sole power of impeachment.
Notes: The House chooses an officer called the speaker to lead
meetings (see SPEAKER). The House alone has the power to bring
impeachment charges against an official. The Senate tries
impeachment cases. See IMPEACHMENT. The Senate Section 3 (1). The
Senate of the United States shall be composed of two senators from
each state, [chosen by the legislature thereof,] for six years; and
each senator shall have one vote. Notes: The Constitution at first
provided that each state legislature should pick two senators. The
17th Amendment changed this rule by allowing the voters of each
state to choose their own senators. Section 3 (2). Immediately
after they shall be assembled in consequence of the first election,
they shall be divided as equally as may be into three classes. The
seats of the senators of the first class shall be vacated at the
expiration of the second year, of the second class at the
expiration of the fourth year, and of the third class at the
expiration of the sixth year, so that one-third may be chosen every
second year; [and if vacancies happen by resignation, or otherwise,
during the recess of the legislature of any state, the executive
thereof may make temporary appointments until the next meeting of
the legislature, which shall then fill such vacancies]. Notes:
Senators are elected to six-year terms. Every two years, one-third
of the senators are elected and two-thirds are holdovers. This
arrangement makes the Senate a continuing body, unlike the House,
whose entire membership is elected every two years. The 17th
Amendment changed the method of filling vacancies. The governor
chooses a senator until the people elect one. Section 3 (3). No
person shall be a senator who shall not have attained to the age of
thirty years, and been nine years a citizen of the United States,
and who shall not, when elected, be an inhabitant of that state for
which he shall be chosen. Notes: In 1806, Henry Clay of Kentucky
was appointed to fill an unexpired term in the Senate. He was only
29, a few months younger than the minimum age, but no one
challenged the appointment. In 1793, Albert Gallatin was elected to
the Senate from Pennsylvania. He was removed from office when the
Senate ruled that he had not yet been a citizen for nine years.
Section 3 (4). The vice president of the United States shall be
president of the Senate, but shall have no vote, unless they be
equally divided. Notes: The vice president serves as president of
the Senate, but votes only when a tie vote occurs. The vice
president's power to break ties can be important. In 1789, for
example, Vice President John Adams cast the vote that decided the
president could remove Cabinet members without Senate approval.
Section 3 (5). The Senate shall choose their other officers, and
also a president pro tempore, in the absence of the vice president,
or when he shall exercise the office of president of the United
States. Notes: The Senate elects an officer called the president
pro tempore to lead meetings when the vice president is absent.
Section 3 (6). The Senate shall have the sole power to try all
impeachments. When sitting for that purpose, they shall be on oath
or affirmation. When the president of the United States is tried,
the chief justice shall preside: and no person shall be convicted
without the concurrence of two-thirds of the members present.
Notes: The provision that the chief justice, rather than the vice
president, shall preside over the Senate when a president is on
trial probably grows out of the fact that a conviction would make
the vice president the president. The phrase "on oath or
affirmation" means that senators are placed under oath when trying
impeachment cases, just as jurors are in a regular court trial.
Section 3 (7). Judgment in cases of impeachment shall not extend
further than to removal from office, and disqualification to hold
and enjoy any office of honor, trust or profit under the United
States: but the party convicted shall nevertheless be liable and
subject to indictment, trial, judgment and punishment, according to
law. Notes: If an impeached person is found guilty, he or she can
be removed from office and forbidden to hold federal office again.
The Senate cannot impose any other punishment, but the person may
also be tried in regular courts. The Senate has convicted only
seven people, all of them judges. These men were removed from
office. Organization of Congress Section 4 (1). The times, places
and manner of holding elections for senators and representatives,
shall be prescribed in each state by the legislature thereof; but
the Congress may at any time by law make or alter such regulations,
[except as to the places of choosing senators]. Notes: As long as
state legislatures chose the senators, it would not do to let
Congress fix the place of choosing. This would have amounted to
giving Congress the power to tell each state where to locate its
capital. The words of the Constitution "except as to the places of
choosing senators" were set aside by the 17th Amendment. Section 4
(2). The Congress shall assemble at least once in every year, [and
such meeting shall be on the first Monday in December,] unless they
shall by law appoint a different day. Notes: In Europe, monarchs
could keep parliaments from meeting, sometimes for many years,
simply by not calling them together. This is the reason for the
requirement that the Congress of the United States must meet at
least once a year. The 20th Amendment changed the date of the
opening day of the session to January 3, unless Congress sets
another date by law. Section 5 (1). Each house shall be the judge
of the elections, returns and qualifications of its own members,
and a majority of each shall constitute a quorum to do business;
but a smaller number may adjourn from day to day, and may be
authorized to compel the attendance of absent members, in such
manner, and under such penalties as each house may provide. Notes:
Each house determines if its members are legally qualified and have
been elected fairly. In judging the qualifications of its members,
each house may consider only the age, citizenship, and residence
requirements set forth in the Constitution. In acting on motions to
expel a member, however, either house of Congress may consider
other matters bearing on that member's fitness for office. A quorum
is a group large enough to carry on business. Discussion and debate
can go on whether a quorum is present or not, as long as a quorum
comes in to vote. Section 5 (2). Each house may determine the rules
of its proceedings, punish its members for disorderly behavior,
and, with the concurrence of two-thirds, expel a member. Notes:
Either house can expel one of its members by a two-thirds vote.
Each house makes its own rules. For example, the House of
Representatives puts strict time limits on debate to speed up
business. It is much more difficult to end debate in the Senate. A
senator may speak as long as he or she wishes. Senators use this
privilege to make long speeches called filibusters to delay Senate
action. The Senate, however, may vote for cloture, a motion to end
debate. On most matters, cloture requires a vote of 60 senators, or
three-fifths of the total Senate membership. See CLOTURE. Section 5
(3). Each house shall keep a journal of its proceedings, and from
time to time publish the same, excepting such parts as may in their
judgment require secrecy; and the yeas and nays of the members of
either house on any question shall, at the desire of one-fifth of
those present, be entered on the journal. Notes: The House Journal
and the Senate Journal are published at the end of each session of
Congress. They list all the bills and resolutions considered during
the session, as well as every vote. All messages from the president
to Congress also are included. The journals are considered the
official documents for the proceedings of Congress. Section 5 (4).
Neither house, during the session of Congress, shall, without the
consent of the other, adjourn for more than three days, nor to any
other place than that in which the two houses shall be sitting.
Section 6 (1). The senators and representatives shall receive a
compensation for their services, to be ascertained by law, and paid
out of the treasury of the United States. They shall in all cases,
except treason, felony and breach of the peace, be privileged from
arrest during their attendance at the session of their respective
houses, and in going to and returning from the same; and for any
speech or debate in either house, they shall not be questioned in
any other place. Notes: The privilege of immunity (freedom from
arrest) while going to and from congressional business has little
importance today. Members of Congress, like anyone else, may be
arrested, tried, convicted, and sent to prison. Congressional
immunity from charges of libel and slander remains important. Libel
is an untrue written statement that damages a person's reputation.
Slander is a spoken statement that does so. Immunity under the
speech and debate clause means that members of Congress may say
whatever they wish in connection with congressional business
without fear of being sued. This immunity extends to anything said
by members during debate, in an official report, or while voting.
Section 6 (2). No senator or representative shall, during the time
for which he was elected, be appointed to any civil office under
the authority of the United States, which shall have been created,
or the emoluments whereof shall have been increased during such
time; and no person holding any office under the United States,
shall be a member of either house during his continuance in office.
Notes: These provisions keep members of Congress from creating jobs
to which they can later be appointed, from raising salaries of jobs
they hope to hold in the future, or from holding office in the
other branches of government while they are in Congress. Section 7
(1). All bills for raising revenue shall originate in the House of
Representatives; but the Senate may propose or concur with
amendments as on other bills. Notes: Tax bills must originate in
the House. The tradition that tax laws should originate in the
lower house of the legislature came from England. There, the lower
house-the House of Commons-is more likely to reflect the people's
wishes because the people elect its members. They do not elect the
upper house, the House of Lords. In the United States, this rule
has little importance because the people elect both the Senate and
the House. In addition, the Senate can amend a tax bill to such an
extent that it rewrites the whole measure. Section 7 (2). Every
bill which shall have passed the House of Representatives and the
Senate, shall, before it become a law, be presented to the
president of the United States; if he approve he shall sign it, but
if not he shall return it, with his objections to that house in
which it shall have originated, who shall enter the objections at
large on their journal, and proceed to reconsider it. If after such
reconsideration two-thirds of that house shall agree to pass the
bill, it shall be sent, together with the objections, to the other
house, by which it shall likewise be reconsidered, and if approved
by two-thirds of that house, it shall become a law. But in all such
cases the votes of both houses shall be determined by yeas and
nays, and the names of the persons voting for and against the bill
shall be entered on the journal of each house respectively. If any
bill shall not be returned by the president within ten days
(Sundays excepted) after it shall have been presented to him, the
same shall be a law, in like manner as if he had signed it, unless
the Congress by their adjournment prevent its return, in which case
it shall not be a law. Notes: A bill passed by Congress goes to the
president for the president's signature. If the president
disapproves the bill, it must be returned to Congress with a
statement of the objections within 10 days, not including Sundays.
This action is called a veto. Congress can pass a law over the
president's veto by a two-thirds vote of each house of those
members present. The president can also let a bill become law
without signing it merely by letting 10 days pass. But a bill sent
to the president during the last 10 days of a session of Congress
cannot become law unless it is signed. If a bill the president
dislikes reaches the president near the end of a session, the bill
may simply be held unsigned. This practice is known as a pocket
veto. In 1996, Congress enacted a law designed to add to the veto
powers established by the Constitution. This law, which went into
effect in 1997, gave the president the power to veto certain parts
of bills passed by Congress. These parts included some spending
items and tax breaks. The power to veto individual items in bills
is often called a line-item veto. In 1998, however, the Supreme
Court ruled that the power created by the 1996 law was
unconstitutional. See VETO. Section 7 (3). Every order, resolution,
or vote to which the concurrence of the Senate and House of
Representatives may be necessary (except on a question of
adjournment) shall be presented to the president of the United
States; and before the same shall take effect, shall be approved by
him, or being disapproved by him, shall be repassed by two-thirds
of the Senate and House of Representatives, according to the rules
and limitations prescribed in the case of a bill. Powers granted to
Congress The Congress shall have power: Section 8 (1): To lay and
collect taxes, duties, imposts and excises, to pay the debts and
provide for the common defense and general welfare of the United
States; but all duties, imposts and excises shall be uniform
throughout the United States; Notes: Duties are taxes on goods
coming into the United States. Excises are taxes on sales, use, or
production, and sometimes on business procedures or privileges. For
example, corporation taxes, cigarette taxes, and amusement taxes
are excises. Imposts is a general tax term that includes both
duties and excises. Section 8 (2): To borrow money on the credit of
the United States; Section 8 (3): To regulate commerce with foreign
nations, and among the several states, and with the Indian tribes;
Notes: This section, called the commerce clause, gives Congress
some of its most important powers. The Supreme Court has
interpreted commerce to mean not only trade but also all kinds of
commercial activity. Commerce "among the several states" is usually
called interstate commerce. The Supreme Court has ruled that
interstate commerce includes not only transactions across state
boundaries but also any activity that affects commerce in more than
one state. The court has interpreted the word regulate to mean
encourage, promote, protect, prohibit, or restrain. As a result,
Congress can pass laws and provide funds to improve waterways, to
enforce air safety measures, and to forbid interstate shipment of
certain goods. It can regulate the movement of people, of trains,
of stocks and bonds, and even of television signals. Congress has
made it a federal crime to flee across state lines from state or
local police. It also has forbidden people who operate interstate
facilities or who serve interstate passengers to treat customers
unfairly because of race. See INTERSTATE COMMERCE. Section 8 (4):
To establish an uniform rule of naturalization, and uniform laws on
the subject of bankruptcies throughout the United States; Section 8
(5): To coin money, regulate the value thereof, and of foreign
coin, and fix the standard of weights and measures; Notes: From
this section, along with the section that allows the Congress to
regulate commerce and to borrow money, Congress gets its right to
charter national banks and to establish the Federal Reserve System.
See FEDERAL RESERVE SYSTEM. Section 8 (6): To provide for the
punishment of counterfeiting the securities and current coin of the
United States; Notes: Securities are government bonds. Section 8
(7): To establish post offices and post roads; Section 8 (8): To
promote the progress of science and useful arts, by securing for
limited times to authors and inventors the exclusive right to their
respective writings and discoveries; Notes: Photographs and films
may also be copyrighted under this rule (see COPYRIGHT; PATENT).
Section 8 (9): To constitute tribunals inferior to the Supreme
Court; Notes: Examples of federal courts "inferior to the Supreme
Court" include the U.S. district courts and the U.S. courts of
appeals. Section 8 (10): To define and punish piracies and felonies
committed on the high seas, and offenses against the law of
nations; Notes: Congress, rather than the states, has jurisdiction
over crimes committed at sea. Section 8 (11): To declare war, grant
letters of marque and reprisal, and make rules concerning captures
on land and water; Notes: Only Congress can declare war. However,
the president, as commander in chief, has engaged the United States
in wars without a declaration by Congress. Undeclared wars include
the Korean War (1950-1953), the Vietnam War (1957-1975), the
Persian Gulf War of 1991, and the Iraq War, which began in 2003.
Letters of marque and reprisal are documents that authorize private
vessels to attack enemy shipping. Section 8 (12): To raise and
support armies, but no appropriation of money to that use shall be
for a longer term than two years; Section 8 (13): To provide and
maintain a navy; Section 8 (14): To make rules for the government
and regulation of the land and naval forces; Section 8 (15): To
provide for calling forth the militia to execute the laws of the
Union, suppress insurrections and repel invasions; Notes: Congress
has given the president power to decide when a state of invasion or
insurrection (uprising) exists. At such times, the president can
call out the National Guard. Section 8 (16): To provide for
organizing, arming, and disciplining, the militia, and for
governing such part of them as may be employed in the service of
the United States, reserving to the states respectively, the
appointment of the officers, and the authority of training the
militia according to the discipline prescribed by Congress; Notes:
The federal government helps the states maintain the militia, also
known as the National Guard. Until 1916, the states controlled the
militia entirely. That year, the National Defense Act provided for
federal funding of the guard and for drafting the guard into
national service under certain circumstances. Section 8 (17): To
exercise exclusive legislation in all cases whatsoever, over such
district (not exceeding ten miles square) as may, by cession of
particular states, and the acceptance of Congress, become the seat
of the government of the United States, and to exercise like
authority over all places purchased by the consent of the
legislature of the state in which the same shall be for the
erection of forts, magazines, arsenals, dockyards, and other
needful buildings;-And Notes: This section makes Congress the
legislative body not only for the District of Columbia, but also
for federal property on which forts and other federal works or
buildings are located. Section 8 (18): To make all laws which shall
be necessary and proper for carrying into execution the foregoing
powers, and all other powers vested by this Constitution in the
government of the United States, or in any department or officer
thereof. Notes: This section is known as the "necessary and proper"
clause or the elastic clause. It allows Congress to deal with many
matters that are not specifically mentioned in the Constitution but
are suggested by powers granted to Congress in Article I. As times
have changed, Congress has been able to pass needed laws with few
amendments to the Constitution. This flexibility helps explain why
the Constitution is one of the oldest written constitutions. Powers
forbidden to Congress Section 9 (1). The migration or importation
of such persons as any of the states now existing shall think
proper to admit, shall not be prohibited by the Congress prior to
the year one thousand eight hundred and eight, but a tax or duty
may be imposed on such importation, not exceeding ten dollars for
each person. Notes: This paragraph refers to the slave trade.
Dealers in slaves, as well as some slaveholders, wanted to make
sure that Congress could not stop anyone from bringing African
slaves into the country before the year 1808. That year, Congress
did ban the importing of slaves into the United States. Section 9
(2). The privilege of the writ of habeas corpus shall not be
suspended, unless when in cases of rebellion or invasion the public
safety may require it. Notes: A writ of habeas corpus is a legal
order that commands people who have a person in custody to bring
the person into court. They must explain in court why the person is
being restrained. If their explanation is unsatisfactory, the judge
can order the prisoner released. See HABEAS CORPUS. Section 9 (3).
No bill of attainder or ex post facto law shall be passed. Notes: A
bill of attainder is an act passed by a legislature to punish a
person without trial. An ex post facto law is one that provides
punishment for an act that was not illegal when the act was
committed. See ATTAINDER; EX POST FACTO. Section 9 (4). No
capitation, [or other direct,] tax shall be laid, unless in
proportion to the census or enumeration herein before directed to
be taken. Notes: A capitation is a tax that is collected equally
from everyone. A capitation is also called a head tax or a poll
tax. The Supreme Court held that this section of the Constitution
prohibits an income tax. The 16th Amendment set aside the court's
decision. Section 9 (5). No tax or duty shall be laid on articles
exported from any state. Notes: In this sentence, exported means
sent to other states or to foreign countries. The Southern States
feared that the new government would tax their exports and that
their economies would suffer as a result. This sentence forbids
such a tax. However, Congress can prohibit shipment of certain
items or regulate the conditions of their shipment. Section 9 (6).
No preference shall be given by any regulation of commerce or
revenue to the ports of one state over those of another: nor shall
vessels bound to, or from, one state, be obliged to enter, clear,
or pay duties in another. Notes: Congress cannot make laws
concerning trade that favor one state over another. Ships going
from one state to another need not pay taxes to do so. Section 9
(7). No money shall be drawn from the treasury, but in consequence
of appropriations made by law; and a regular statement and account
of the receipts and expenditures of all public money shall be
published from time to time. Notes: Government money cannot be
spent without the consent of Congress. Congress must issue a
financial statement from time to time. Congress authorizes money
for most government programs in lump sums because too much time
would be needed to authorize each item separately. Section 9 (8).
No title of nobility shall be granted by the United States: And no
person holding any office of profit or trust under them, shall,
without the consent of the Congress, accept of any present,
emolument, office, or title, of any kind whatsoever, from any king,
prince, or foreign state. Notes: Congress cannot give anyone a
title of nobility, such as countess or duke. Federal officials may
not accept a gift, office, payment, or title from a foreign country
without the consent of Congress. Powers forbidden to the states
Section 10 (1). No state shall enter into any treaty, alliance, or
confederation; grant letters of marque and reprisal; coin money;
emit bills of credit; make anything but gold and silver coin a
tender in payment of debts; pass any bill of attainder, ex post
facto law, or law impairing the obligation of contracts, or grant
any title of nobility. Section 10 (2). No state shall, without the
consent of the Congress, lay any imposts or duties on imports or
exports, except what may be absolutely necessary for executing its
inspection laws: and the net produce of all duties and imposts,
laid by any state on imports or exports, shall be for the use of
the treasury of the United States, and all such laws shall be
subject to the revision and control of the Congress. Notes: Without
the consent of Congress, a state cannot tax goods entering or
leaving the state except for small fees to cover the cost of
inspection. Profits from a tax on interstate commerce go to the
federal government. Section 10 (3). No state shall, without the
consent of Congress, lay any duty of tonnage, keep troops, or ships
of war in time of peace, enter into any agreement or compact with
another state, or with a foreign power, or engage in war, unless
actually invaded, or in such imminent danger as will not admit of
delay. Notes: Only the federal government has the power to make
treaties and to carry out measures for national defense. Article II
The executive branch Section 1 (1). The executive power shall be
vested in a president of the United States of America. He shall
hold his office during the term of four years, and, together with
the vice president, chosen for the same term, be elected, as
follows: Section 1 (2). Each state shall appoint, in such manner as
the legislature thereof may direct, a number of electors, equal to
the whole number of senators and representatives to which the state
may be entitled in the Congress: but no senator or representative,
or person holding an office of trust or profit under the United
States, shall be appointed an elector. Notes: This section
establishes the Electoral College, a group of people chosen by the
voters of each state to elect the president and vice president (see
ELECTORAL COLLEGE). Section 1 (3). [The electors shall meet in
their respective states, and vote by ballot for two persons, of
whom one at least shall not be an inhabitant of the same state with
themselves. And they shall make a list of all the persons voted
for, and of the number of votes for each; which list they shall
sign and certify, and transmit sealed to the seat of the government
of the United States, directed to the president of the Senate. The
president of the Senate shall, in the presence of the Senate and
House of Representatives, open all the certificates, and the votes
shall then be counted. The person having the greatest number of
votes shall be the president, if such number be a majority of the
whole number of electors appointed; and if there be more than one
who have such majority, and have an equal number of votes, then the
House of Representatives shall immediately choose by ballot one of
them for president; and if no person have a majority, then from the
five highest on the list the said House shall in like manner choose
the president. But in choosing the president, the votes shall be
taken by states, the representation from each state having one
vote; a quorum for this purpose shall consist of a member or
members from two-thirds of the states, and a majority of all the
states shall be necessary to a choice. In every case, after the
choice of the president, the person having the greatest number of
votes of the electors shall be the vice president. But if there
should remain two or more who have equal votes, the Senate shall
choose from them by ballot the vice president.] Notes: The 12th
Amendment changed this procedure for electing the president and
vice president. Section 1 (4). The Congress may determine the time
of choosing the electors, and the day on which they shall give
their votes; which day shall be the same throughout the United
States. Section 1 (5). No person except a natural-born citizen, or
a citizen of the United States at the time of the adoption of this
Constitution, shall be eligible to the office of president; neither
shall any person be eligible to that office who shall not have
attained to the age of thirty-five years, and been fourteen years a
resident within the United States. Section 1 (6). In case of the
removal of the president from office, or of his death, resignation,
or inability to discharge the powers and duties of the said office,
the same shall devolve on the vice president, and the Congress may
by law provide for the case of removal, death, resignation or
inability, both of the president and vice president, declaring what
officer shall then act as president, and such officer shall act
accordingly, until the disability be removed, or a president shall
be elected. Notes: On Aug. 9, 1974, President Richard M. Nixon
resigned as chief executive and was succeeded by Vice President
Gerald R. Ford. Until then, only death had ever cut short the term
of a president of the United States. The 25th Amendment provides
that the vice president succeed to the presidency if the president
becomes disabled, and specifies the conditions applying to that
succession. See PRESIDENTIAL SUCCESSION. Section 1 (7). The
president shall, at stated times, receive for his services, a
compensation, which shall neither be increased nor diminished
during the period for which he shall have been elected, and he
shall not receive within that period any other emolument from the
United States, or any of them. Notes: The Constitution made it
possible for a poor person to become president by providing a
salary for that office. The president's salary cannot be raised or
lowered during his or her term of office. The chief executive may
not receive any other pay from the federal government or the
states. Section 1 (8). Before he enter on the execution of his
office, he shall take the following oath or affirmation:--"I do
solemnly swear (or affirm) that I will faithfully execute the
office of president of the United States, and will to the best of
my ability, preserve, protect and defend the Constitution of the
United States." Notes: The Constitution does not say who shall
administer the oath to the newly elected president. President
George Washington was sworn in by Robert R. Livingston, then a
state official in New York. After that, it became customary for the
chief justice of the United States to administer the oath. Calvin
Coolidge was sworn in by his father, a justice of the peace, at his
home in Vermont. Coolidge took the oath again before Justice Adolph
A. Hoehling of the Supreme Court of the District of Columbia.
Section 2 (1). The president shall be commander in chief of the
Army and Navy of the United States, and of the militia of the
several states, when called into the actual service of the United
States; he may require the opinion, in writing, of the principal
officer in each of the executive departments, upon any subject
relating to the duties of their respective offices, and he shall
have power to grant reprieves and pardons for offenses against the
United States, except in cases of impeachment. Notes: The
president's powers as commander in chief are far-reaching. But even
in wartime, the president must obey the law. Section 2 (2). He
shall have power, by and with the advice and consent of the Senate,
to make treaties, provided two-thirds of the senators present
concur; and he shall nominate, and by and with the advice and
consent of the Senate, shall appoint ambassadors, other public
ministers and consuls, judges of the Supreme Court, and all other
officers of the United States, whose appointments are not herein
otherwise provided for, and which shall be established by law: but
the Congress may by law vest the appointment of such inferior
officers, as they think proper, in the president alone, in the
courts of law, or in the heads of departments. Notes: The framers
of the Constitution intended that in some matters the Senate should
serve as an advisory body for the president. The president can make
treaties and appoint various government officials. But two-thirds
of the senators present must approve before a treaty is confirmed.
Also, high appointments require approval of more than half the
senators present. Section 2 (3). The president shall have power to
fill up all vacancies that may happen during the recess of the
Senate, by granting commissions which shall expire at the end of
their next session. Notes: This means that when the Senate is not
in session, the president can make temporary appointments to
offices which require Senate confirmation. Section 3. He shall from
time to time give to the Congress information of the state of the
Union, and recommend to their consideration such measures as he
shall judge necessary and expedient; he may, on extraordinary
occasions, convene both houses, or either of them, and in case of
disagreement between them, with respect to the time of adjournment,
he may adjourn them to such time as he shall think proper; he shall
receive ambassadors and other public ministers; he shall take care
that the laws be faithfully executed, and shall commission all the
officers of the United States. Notes: The president gives a State
of the Union message to Congress each year. Presidents George
Washington and John Adams delivered their messages in person. For
more than 100 years after that, most presidents sent a written
message, which was read in Congress. President Woodrow Wilson
delivered his State of the Union messages in person, as did
President Franklin D. Roosevelt and all presidents after Roosevelt.
The president's messages often have great influence on public
opinion, and thus on Congress. Famous messages to Congress include
the Monroe Doctrine and President Wilson's "Fourteen Points."
During the 1800's, presidents often called Congress into session.
Today, Congress is in session most of the time. No president has
ever had to adjourn a session of Congress. The responsibility to
"take care that the laws be faithfully executed" puts the president
at the head of law enforcement for the national government. Every
federal official, civilian or military, gets his or her authority
from the president. Section 4. The president, vice president and
all civil officers of the United States, shall be removed from
office on impeachment for, and conviction of, treason, bribery, or
other high crimes and misdemeanors. Article III The judicial branch
Section 1. The judicial power of the United States, shall be vested
in one Supreme Court, and in such inferior courts as the Congress
may from time to time ordain and establish. The judges, both of the
Supreme and inferior courts, shall hold their offices during good
behavior, and shall, at stated times, receive for their services, a
compensation, which shall not be diminished during their
continuance in office. Notes: The Constitution makes every effort
to keep the courts independent of both the legislature and the
president. The guarantee that judges shall hold office during "good
behavior" means that, unless they are impeached and convicted, they
can hold office for life. This protects judges from any threat of
dismissal by the president. The rule that a judge's salary may not
be reduced protects the judge against pressure from Congress, which
could otherwise threaten to fix the salary so low that the judge
could be forced to resign. See COURT; SUPREME COURT OF THE UNITED
STATES. Section 2 (1). The judicial power shall extend to all
cases, in law and equity, arising under this Constitution, the laws
of the United States, and treaties made, or which shall be made,
under their authority;-to all cases affecting ambassadors, other
public ministers and consuls;-to all cases of admiralty and
maritime jurisdiction;-to controversies to which the United States
shall be a party;-to controversies between two or more states;
[between a state and citizens of another state;] between citizens
of different states;-between citizens of the same state claiming
lands under grants of different states, and between a state, or the
citizens thereof, and foreign states, [citizens or subjects].
Notes: The right of the federal courts to handle "cases arising
under this Constitution" is the basis of the Supreme Court's right
to declare laws of Congress unconstitutional. This right of
"judicial review" was established by Chief Justice John Marshall's
historic decision in the case of Marbury v. Madison (1803). See
MARBURY V. MADISON. The 11th Amendment to the Constitution set
aside the phrase between a state and citizens of another state. A
citizen of one state cannot sue another state in a federal court.
Section 2 (2). In all cases affecting ambassadors, other public
ministers and consuls, and those in which a state shall be party,
the Supreme Court shall have original jurisdiction. In all the
other cases before mentioned, the Supreme Court shall have
appellate jurisdiction, both as to law and fact, with such
exceptions, and under such regulations as the Congress shall make.
Notes: The statement that the Supreme Court has original
jurisdiction in cases affecting the representatives of foreign
countries and in cases to which a state is one of the parties means
that cases of this kind go directly to the Supreme Court. In other
kinds of cases, the Supreme Court has appellate jurisdiction. This
means that the cases are tried first in a lower court and may come
up to the Supreme Court for review if Congress authorizes an
appeal. Congress cannot take away or modify the original
jurisdiction of the Supreme Court. However, it can take away the
right to appeal to the Supreme Court, or it can fix the conditions
one must meet to present an appeal. Section 2 (3). The trial of all
crimes, except in cases of impeachment, shall be by jury; and such
trial shall be held in the state where the said crimes shall have
been committed; but when not committed within any state, the trial
shall be at such place or places as the Congress may by law have
directed. Section 3 (1). Treason against the United States, shall
consist only in levying war against them, or in adhering to their
enemies, giving them aid and comfort. No person shall be convicted
of treason unless on the testimony of two witnesses to the same
overt act, or on confession in open court. Notes: No person can be
convicted of treason against the United States unless he or she
confesses in open court, or unless two witnesses testify that he or
she has committed a treasonable act. Talking or thinking about
committing a treasonable act is not treason. See TREASON. Section 3
(2). The Congress shall have power to declare the punishment of
treason, but no attainder of treason shall work corruption of
blood, or forfeiture except during the life of the person
attainted. Notes: The phrase no attainder of treason shall work
corruption of blood means that the family of a traitor does not
share the guilt. Formerly, an offender's family could also be
punished. Article IV Relation of the states to each other Notes:
Much of this article was taken word for word from the old Articles
of Confederation. Section 1. Full faith and credit shall be given
in each state to the public acts, records, and judicial proceedings
of every other state. And the Congress may by general laws
prescribe the manner in which such acts, records and proceedings
shall be proved, and the effect thereof. Notes: This section
requires the states to honor one another's laws, records, and court
rulings. The rule prevents a person from avoiding justice by
leaving a state. Section 2 (1). The citizens of each state shall be
entitled to all privileges and immunities of citizens in the
several states. Notes: This means that citizens traveling from
state to state are entitled to all the privileges and immunities
that automatically go to citizens of those states. Some privileges,
such as the right to vote, do not automatically go with
citizenship, but require a period of residence and perhaps other
qualifications. The word citizen in this provision does not include
corporations. Section 2 (2). A person charged in any state with
treason, felony, or other crime, who shall flee from justice, and
be found in another state, shall on demand of the executive
authority of the state from which he fled, be delivered up, to be
removed to the state having jurisdiction of the crime. Notes: If a
person commits a crime in one state and flees to another, the
governor of the state in which the crime was committed can demand
that the fugitive be handed over. Returning an accused person is
called extradition. A few governors have refused to extradite,
perhaps because the crime was committed many years ago, or because
they believed the accused would not get a fair trial. It is not
clear how the federal government could enforce this section. See
EXTRADITION. Section 2 (3). [No person held to service or labor in
one state, under the laws thereof, escaping into another, shall, in
consequence of any law or regulation therein, be discharged from
such service or labor, but shall be delivered up on claim of the
party to whom such service or labor may be due.] Notes: A "person
held to service or labor" was a slave or an indentured servant (a
person bound by contract to serve someone for several years). No
one is now bound to servitude in the United States, so this part of
the Constitution no longer has any force, being overruled by the
13th Amendment. Federal-state relations Section 3 (1). New states
may be admitted by the Congress into this Union; but no new state
shall be formed or erected within the jurisdiction of any other
state; nor any state be formed by the junction of two or more
states, or parts of states, without the consent of the legislatures
of the states concerned as well as of the Congress. Notes: New
states cannot be formed by dividing or joining existing states
without the consent of the state legislatures and Congress. During
the Civil War (1861-1865), Virginia fought for the Confederacy, but
people in the state's western part supported the Union. After West
Virginia split from Virginia, Congress accepted the new state on
the ground that Virginia had rebelled. Section 3 (2). The Congress
shall have power to dispose of and make all needful rules and
regulations respecting the territory or other property belonging to
the United States; and nothing in this Constitution shall be so
construed as to prejudice any claims of the United States, or of
any particular state. Section 4. The United States shall guarantee
to every state in this Union a republican form of government, and
shall protect each of them against invasion; and on application of
the legislature, or of the executive (when the legislature cannot
be convened) against domestic violence. Notes: This section
requires the federal government to make sure that every state has a
"republican form of government." A republican government is one in
which the people elect representatives to govern. The Supreme Court
ruled that Congress, not the courts, must decide whether a state
government is republican. According to the court, if Congress
admits a state's senators and representatives, that action
indicates that Congress considers the state's government
republican. The legislature or governor of a state can request
federal aid in dealing with riots or other violence. During the
Pullman strike of 1894, federal troops were sent to Illinois even
though the governor said he did not want them (see PULLMAN STRIKE).
Article V Amending the Constitution The Congress, whenever
two-thirds of both houses shall deem it necessary, shall propose
amendments to this Constitution, or, on the application of the
legislatures of two-thirds of the several states, shall call a
convention for proposing amendments, which, in either case, shall
be valid to all intents and purposes, as part of this Constitution,
when ratified by the legislatures of three-fourths of the several
states, or by conventions in three-fourths thereof, as the one or
the other mode of ratification may be proposed by the Congress;
provided [that no amendment which may be made prior to the year one
thousand eight hundred and eight shall in any manner affect the
first and fourth clauses in the ninth section of the first article;
and] that no state, without its consent, shall be deprived of its
equal suffrage in the Senate. Notes: Amendments may be proposed by
a two-thirds vote of each house of Congress or by a national
convention called by Congress at the request of two-thirds of the
states. A national convention has never been called, in part
because there are no established procedures for operating such a
meeting and because of fear that such a convention could result in
vast and possibly dangerous changes. To become part of the
Constitution, amendments must be ratified (approved) by the
legislatures of three-fourths of the states or by conventions in
three-fourths of the states. Notes: The framers of the Constitution
purposely made it hard to put through an amendment. Congress has
considered more than 9,000 amendments, but it has passed only 33
and submitted them to the states. Of these, 27 have been ratified.
Only one amendment, the 21st, was ratified by state conventions.
All the others were ratified by state legislatures. The
Constitution sets no time limit during which the states must ratify
a proposed amendment. Ratification of the 27th Amendment took 203
years, longer by far than that of any other amendment. The
amendment was first proposed in 1789 and did not become part of the
Constitution until 1992. Nevertheless, the courts have held that
amendments must be ratified within a "reasonable time" and that
Congress decides what is reasonable. Since the early 1900's, most
amendments have included a requirement that ratification be
obtained within seven years. Article VI National debts Section 1
(1). All debts contracted and engagements entered into, before the
adoption of this Constitution, shall be as valid against the United
States under this Constitution, as under the Confederation. Notes:
This section promises that all debts and obligations made by the
United States before the adoption of the Constitution will be
honored. Supremacy of the national government Section 1 (2). This
Constitution, and the laws of the United States which shall be made
in pursuance thereof; and all treaties made, or which shall be
made, under the authority of the United States, shall be the
supreme law of the land; and the judges in every state shall be
bound thereby, anything in the constitution or laws of any state to
the contrary notwithstanding. Notes: This section, known as the
supremacy clause, has been called the linchpin of the
Constitution-that is, the part that keeps the entire structure from
falling apart. It means simply that when state laws conflict with
national laws, the national laws are superior. It also means that,
to be valid, a national law must follow the Constitution. Section 1
(3). The senators and representatives before mentioned, and the
members of the several state legislatures, and all executive and
judicial officers, both of the United States and of the several
states, shall be bound by oath or affirmation, to support this
Constitution; but no religious test shall ever be required as a
qualification to any office or public trust under the United
States. Notes: This section requires both federal and state
officials to give supreme allegiance to the Constitution of the
United States rather than to any state constitution. The section
also forbids any religious test for holding federal office. The
14th Amendment applies the same rule to state and local
governments. Article VII Ratifying the Constitution The
ratification of the conventions of nine states, shall be sufficient
for the establishment of this Constitution between the states so
ratifying the same. Done in convention by the unanimous consent of
the states present the seventeenth day of September in the year of
our Lord one thousand seven hundred and eighty-seven and of the
independence of the United States of America the twelfth. In
witness whereof we have hereunto subscribed our names, George
Washington-President and deputy from Virginia Delaware: George
Read; Gunning Bedford, Jr.; John Dickinson; Richard Bassett; Jacob
Broom. Maryland: James McHenry; Daniel of St. Thomas Jenifer;
Daniel Carroll. Virginia: John Blair; James Madison, Jr. North
Carolina: William Blount; Richard Dobbs Spaight; Hugh Williamson.
South Carolina: John Rutledge; Charles Cotesworth Pinckney; Charles
Pinckney; Pierce Butler. Georgia: William Few; Abraham Baldwin. New
Hampshire: John Langdon; Nicholas Gilman. Massachusetts: Nathaniel
Gorham; Rufus King. Connecticut: William Samuel Johnson; Roger
Sherman. New York: Alexander Hamilton. New Jersey: William
Livingston; David Brearley; William Paterson; Jonathan Dayton.
Pennsylvania: Benjamin Franklin; Thomas Mifflin; Robert Morris;
George Clymer; Thomas FitzSimons; Jared Ingersoll; James Wilson;
Gouverneur Morris. Constitution of the United States/The Bill of
Rights The first 10 amendments, known as the Bill of Rights, were
proposed on Sept. 25, 1789. They were ratified on Dec. 15, 1791.
They were adopted because some states refused to approve the
Constitution unless a bill of rights was added. The amendments
protect individuals from various unjust acts of government.
Originally, the amendments applied only to the federal government.
But the 14th Amendment declares that no state can deprive any
person of life, liberty, or property without "due process of law."
The Supreme Court has interpreted those words to mean that most of
the Bill of Rights applies to the states as well. See BILL OF
RIGHTS. Amendment 1: Freedom of religion, speech, and the press;
rights of assembly and petition Congress shall make no law
respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the
press; or the right of the people peaceably to assemble, and to
petition the government for a redress of grievances. Notes: Many
countries have made one religion the established (official) church
and supported it with government funds. This amendment forbids
Congress to set up or in any way provide for an established church.
It has been interpreted to forbid government endorsement of, or aid
to, religious doctrines. In addition, Congress may not pass laws
limiting worship, speech, or the press, or preventing people from
meeting peacefully. Congress also may not keep people from asking
the government for relief from unfair treatment. All the rights
protected by this amendment have limits. For example, the guarantee
of freedom of religion does not mean that the government must allow
all religious practices. In the 1800's, some Mormons believed it
was a man's religious duty to have more than one wife. The Supreme
Court ruled that Mormons had to obey the laws forbidding that
practice. See FREEDOM OF RELIGION; FREEDOM OF SPEECH; FREEDOM OF
THE PRESS. Amendment 2: Right to bear arms 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. Notes:
This amendment has been interpreted in two ways. Some people
believe it gives ordinary citizens the right to possess firearms.
Others believe it only gives each state the right to maintain its
own militia. Amendment 3: Housing of soldiers No soldier shall, in
time of peace be quartered in any house, without the consent of the
owner, nor in time of war, but in a manner to be prescribed by law.
Notes: This amendment grew out of an old complaint against the
British, who had forced people to take soldiers into their homes.
Amendment 4: Search and arrest warrants The right of the people to
be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no
warrants shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched,
and the persons or things to be seized. Notes: This measure does
not forbid legal authorities to search, to seize goods, or to
arrest people. It simply requires that in most cases the
authorities obtain a search or arrest warrant from a judge by
showing the need for it. If a warrant cannot be obtained, the
search or arrest is permitted only if the state's need for evidence
outweighs the individual's right to privacy. In addition, the
search or arrest may not be carried out in an unreasonable manner.
See SEARCH WARRANT. Amendment 5: Rights in criminal cases No person
shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a grand jury, except in
cases arising in the land or naval forces, or in the militia, when
in actual service in time of war or public danger; nor shall any
person be subject for the same offense to be twice put in jeopardy
of life or limb; nor shall be compelled in any criminal case to be
a witness against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private property be
taken for public use, without just compensation. Notes: A capital
crime is one punishable by death. An infamous crime is one
punishable by death or imprisonment. This amendment guarantees that
no one has to stand trial for such a federal crime unless he or she
has been indicted (accused) by a grand jury. A grand jury is a
special group of people selected to decide whether there is enough
evidence against a person to hold a trial. A person cannot be put
in double jeopardy (tried twice) for the same offense by the same
government. But a person may be tried a second time if a jury
cannot agree on a verdict, if a mistrial is declared for some other
reason, or if the person requests a new trial. The amendment also
guarantees that people cannot be forced to testify against
themselves. The statement that no person shall be deprived of life,
liberty, or property "without due process of law" expresses one of
the most important rules of the Constitution. The same words are in
the 14th Amendment as restrictions on the power of the states. The
phrase expresses the idea that a person's life, liberty, and
property are not subject to the uncontrolled power of the
government. This idea can be traced to Magna Carta, which provided
that the king could not imprison or harm a person "except by the
lawful judgment of his peers or by the law of the land." Due
process is a vague rule, and the Supreme Court has applied it to
widely different cases. At one time, the court used the due-process
rule to strike down laws that prevented people from using their
property as they wished. In 1857, for example, the court overturned
the Missouri Compromise, which prohibited slavery in certain U.S.
territories. The court said the compromise unjustly prevented slave
owners from taking slaves-their property-into the territories.
Today, the courts use the rule to strike down laws that interfere
with personal liberty. See DUE PROCESS OF LAW. The amendment also
forbids the government to take a person's property for public use
without fair payment. The government's right to take property for
public use is called eminent domain. Governments use it to acquire
land for highways, schools, and other public facilities. See FIFTH
AMENDMENT. Amendment 6: Rights to a fair trial In all criminal
prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the state and district
wherein the crime shall have been committed, which district shall
have been previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to have the assistance of counsel for
his defense. Notes: A person accused of crime must have a prompt,
public trial by an open-minded jury. The requirement for a speedy
and public trial grew out of the fact that some political trials in
England had been delayed for years and then were held in secret.
Accused persons must be informed of the charges against them and
must be allowed to meet the witnesses against them face to face.
Otherwise, innocent individuals may be punished if a court allows
the testimony of unknown witnesses to be used as evidence. This
amendment guarantees that persons on trial can face and
cross-examine those who have accused them. They may be able to show
that their accusers lied or made a mistake. Finally, accused
individuals must have a lawyer to defend them if they want one.
Amendment 7: Rights in civil cases In suits at common law, where
the value in controversy shall exceed twenty dollars, the right of
a trial by jury shall be preserved, and no fact tried by a jury,
shall be otherwise re-examined in any court of the United States,
than according to the rules of the common law. Notes: The framers
of the Constitution considered the right to jury trial extremely
important. In the Sixth Amendment, they provided for jury trials in
criminal cases. In the Seventh Amendment, they provided for such
trials in civil suits where the amount contested exceeds $20. The
amendment applies only to civil cases in federal courts. But
because of a great decline in the value of the dollar over the
years, it now applies to almost all such cases. Most states also
call for jury trials in civil cases. Amendment 8: Bails, fines, and
punishments Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted. Notes:
Bails, fines, and punishments must be fair and humane. In the case
of Furman v. Georgia, the Supreme Court ruled in 1972 that capital
punishment, as it was then imposed, violated this amendment. The
court held that the death penalty was cruel and unusual punishment
because it was not applied fairly and uniformly. Many states then
adopted new laws designed to meet the court's objections. The court
has ruled that the death penalty may be imposed if certain
standards are applied to guard against its arbitrary use. See
CAPITAL PUNISHMENT. Amendment 9: Rights retained by the people The
enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
Notes: Some people feared that the listing of some rights in the
Bill of Rights would be interpreted to mean that other rights not
listed were not protected. This amendment was adopted to prevent
such an interpretation. Amendment 10: Powers retained by the states
and the people The powers not delegated to the United States by the
Constitution, nor prohibited by it to the states, are reserved to
the states respectively, or to the people. Notes: This amendment
was adopted to reassure people that the national government would
not swallow up the states. It confirms that the states or the
people retain all powers not given to the national government. For
example, the states have authority over such matters as marriage
and divorce. But the Constitution says the federal government can
make any laws "necessary and proper" to carry out its specific
powers. This rule makes it hard to determine the exact rights of
states. Amendment 11: Lawsuits against states (This amendment was
proposed on March 4, 1794, and ratified on Feb. 7, 1795. However,
the amendment was not proclaimed until 1798 because of delays that
occurred in certifying the ratification.) The judicial power of the
United States shall not be construed to extend to any suit in law
or equity, commenced or prosecuted against one of the United States
by citizens of another state, or by citizens or subjects of any
foreign state. Notes: This amendment makes it impossible for a
citizen of one state to sue another state in federal court. The
amendment resulted from the 1793 case of Chisholm v. Georgia, in
which a man from South Carolina sued the state of Georgia over an
inheritance. Georgia argued that it could not be sued in federal
court, but the Supreme Court ruled that the state could be. Georgia
then led a movement to adopt this amendment. However, individuals
can still sue state authorities in federal court for depriving them
of their constitutional rights. Amendment 12: Election of the
president and vice president (This amendment was proposed on Dec.
9, 1803, and ratified on July 27, 1804.) The electors shall meet in
their respective states and vote by ballot for president and vice
president, one of whom, at least, shall not be an inhabitant of the
same state with themselves; they shall name in their ballots the
person voted for as president, and in distinct ballots the person
voted for as vice president, and they shall make distinct lists of
all persons voted for as president, and of all persons voted for as
vice president, and of the number of votes for each, which lists
they shall sign and certify, and transmit sealed to the seat of the
government of the United States, directed to the president of the
Senate; the president of the Senate shall, in the presence of the
Senate and House of Representatives, open all the certificates and
the votes shall then be counted; the person having the greatest
number of votes for president, shall be the president, if such
number be a majority of the whole number of electors appointed; and
if no person have such majority, then from the persons having the
highest numbers not exceeding three on the list of those voted for
as president, the House of Representatives shall choose
immediately, by ballot, the president. But in choosing the
president, the votes shall be taken by states, the representation
from each state having one vote; a quorum for this purpose shall
consist of a member or members from two-thirds of the states, and a
majority of all the states shall be necessary to a choice. And if
the House of Representatives shall not choose a president whenever
the right of choice shall devolve upon them, [before the fourth day
of March next following,] then the vice president shall act as
president, as in the case of the death or other constitutional
disability of the president. The person having the greatest number
of votes as vice president, shall be the vice president, if such
number be a majority of the whole number of electors appointed, and
if no person have a majority, then from the two highest numbers on
the list, the Senate shall choose the vice president; a quorum for
the purpose shall consist of two-thirds of the whole number of
senators, and a majority of the whole number shall be necessary to
a choice. But no person constitutionally ineligible to the office
of president shall be eligible to that of vice president of the
United States. Notes: This amendment provides that members of the
Electoral College, called electors, vote for one person as
president and for another as vice president. The amendment resulted
from the election of 1800. At that time, each elector voted for two
men, not saying which he wanted for president. The man who received
the most votes became president, and the runner-up became vice
president. Thomas Jefferson, the presidential candidate, and Aaron
Burr, the vice presidential candidate, received the same number of
votes. The tie threw the election into the House of
Representatives. The House chose Jefferson but took so long that
people feared it would fail to choose before Inauguration Day. The
House has chosen one other president-John Quincy Adams in 1825.
Amendment 13: Abolition of slavery (This amendment was proposed on
Jan. 31, 1865, and ratified on Dec. 6, 1865.) Section 1. Neither
slavery nor involuntary servitude, except as a punishment for crime
whereof the party shall have been duly convicted, shall exist
within the United States, or any place subject to their
jurisdiction. Notes: President Abraham Lincoln's Emancipation
Proclamation of 1863 had declared slaves free in the Confederate
States still in rebellion. This amendment completed the abolition
of slavery in the United States. Section 2. Congress shall have
power to enforce this article by appropriate legislation. Amendment
14: Civil rights (This amendment was proposed on June 13, 1866, and
ratified on July 9, 1868.) Section 1. All persons born or
naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the state wherein
they reside. No state shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United
States; nor shall any state deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws. Notes: The
principal purpose of this amendment was to make former slaves
citizens of both the United States and the state in which they
lived. The amendment also forbids the states to deny equal rights
to any person. The terms of the amendment clarify how citizenship
is acquired. State citizenship is a by-product of national
citizenship. By living in a state, every U.S. citizen automatically
becomes a citizen of that state as well. All persons naturalized
(granted citizenship) according to law are U.S. citizens. People
born in the United States are also citizens regardless of the
nationality of their parents, unless they are diplomatic
representatives of another country or enemies during a wartime
occupation. Such cases are exceptions because the parents are not
"subject to the jurisdiction" of the United States. The amendment
does not grant citizenship to Indians on reservations, but Congress
passed a law that did so. The phrase "due process of law" has been
ruled to forbid the states to violate most rights protected by the
Bill of Rights. It has also been interpreted as protecting other
rights by its own force. The statement that a state cannot deny
anyone "equal protection of the laws" has provided the basis for
many Supreme Court rulings on civil rights. For example, the court
has outlawed segregation in public schools. The judges declared
that "equal protection" means a state must make sure all children,
regardless of race, have an equal opportunity for education.
Section 2. Representatives shall be apportioned among the several
states according to their respective numbers, counting the whole
number of persons in each state, [excluding Indians not taxed]. But
when the right to vote at any election for the choice of electors
for president and vice president of the United States,
representatives in Congress, the executive and judicial officers of
a state, or the members of the legislature thereof, is denied to
any of the male inhabitants of such state, being twenty-one years
of age, and citizens of the United States, or in any way abridged,
except for participation in rebellion, or other crime, the basis of
representation therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole number of male
citizens twenty-one years of age in such state. Notes: This section
proposes a penalty for states which refuse to give the vote in
federal elections to all adult male citizens. States which restrict
voting can have their representation in Congress cut down. This
penalty has never been used. The section has been set aside by the
19th and 26th amendments. Section 3. No person shall be a senator
or representative in Congress, or elector of president and vice
president, or hold any office, civil or military, under the United
States, or under any state, who, having previously taken an oath,
as a member of Congress, or as an officer of the United States, or
as a member of any state legislature, or as an executive or
judicial officer of any state, to support the Constitution of the
United States, shall have engaged in insurrection or rebellion
against the same, or given aid or comfort to the enemies thereof.
But Congress may by a vote of two-thirds of each House, remove such
disability. Notes: This section's purpose was to keep federal
officers who joined the Confederacy from becoming federal officers
again. Congress could vote to overlook such a record. Section 4.
The validity of the public debt of the United States, authorized by
law, including debts incurred for payment of pensions and bounties
for services in suppressing insurrection or rebellion, shall not be
questioned. But neither the United States nor any state shall
assume or pay any debt or obligation incurred in aid of
insurrection or rebellion against the United States, or any claim
for the loss of emancipation of any slave; but all such debts,
obligations and claims shall be held illegal and void. Notes: This
section ensured that the Union's Civil War debt would be paid, but
voided all war debts run up by the Confederacy. The section also
said that former slaveowners would not be paid for slaves who were
freed. Section 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article. Amendment
15: Black suffrage (This amendment was proposed on Feb. 26, 1869,
and ratified on Feb. 3, 1870.) Section 1. The right of citizens of
the United States to vote shall not be denied or abridged by the
United States or by any state on account of race, color, or
previous condition of servitude. Notes: Blacks who had been slaves
became citizens under the terms of the 14th Amendment. The 15th
Amendment does not specifically say that all blacks must be allowed
to vote. The states are free to set qualifications for voters. But
a voter cannot be denied the ballot because of race. Attempts by
some states to do this indirectly have been struck down by Supreme
Court decisions, federal and state laws, and the 24th Amendment.
See FIFTEENTH AMENDMENT; GRANDFATHER CLAUSE; VOTING. Section 2. The
Congress shall have power to enforce this article by appropriate
legislation. Amendment 16: Income taxes (This amendment was
proposed on July 12, 1909, and ratified on Feb. 3, 1913.) The
Congress shall have power to lay and collect taxes on incomes, from
whatever source derived, without apportionment among the several
states, and without regard to any census or enumeration. Notes: In
1894, Congress passed an income tax law, but the Supreme Court
declared it unconstitutional. This amendment authorized Congress to
levy such a tax. Amendment 17: Direct election of senators (This
amendment was proposed on May 13, 1912, and ratified on April 8,
1913.) (1) The Senate of the United States shall be composed of two
senators from each state, elected by the people thereof for six
years; and each senator shall have one vote. The electors in each
state shall have the qualifications requisite for electors of the
most numerous branch of the state legislatures. (2) When vacancies
happen in the representation of any state in the Senate, the
executive authority of such state shall issue writs of election to
fill such vacancies: Provided, That the legislature of any state
may empower the executive thereof to make temporary appointments
until the people fill the vacancies by election as the legislature
may direct. (3) This amendment shall not be so construed as to
affect the election or term of any senator chosen before it becomes
valid as part of the Constitution. Notes: This amendment takes the
power of electing senators from the state legislatures and gives it
to the people of the states. Amendment 18: Prohibition of liquor
(This amendment was proposed on Dec. 18, 1917, and ratified on Jan.
16, 1919.) Section 1. After one year from the ratification of this
article the manufacture, sale, or transportation of intoxicating
liquors within, the importation thereof into, or the exportation
thereof from the United States and all territory subject to the
jurisdiction thereof for beverage purposes is hereby prohibited.
Section 2. The Congress and the several states shall have
concurrent power to enforce this article by appropriate
legislation. Section 3. This article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution by the
legislatures of the several states, as provided in the
Constitution, within seven years from the date of the submission
hereof to the states by the Congress. Notes: This is the
prohibition amendment, which forbade people to make, sell, or
transport liquor. It was widely ignored by the people and was
repealed by the 21st Amendment in 1933. Amendment 19: Woman
suffrage (This amendment was proposed on June 4, 1919, and ratified
on Aug. 18, 1920.) Section 1. The right of citizens of the United
States to vote shall not be denied or abridged by the United States
or by any state on account of sex. Section 2. Congress shall have
power to enforce this article by appropriate legislation. Notes:
Amendments giving women the right to vote were introduced in
Congress one after another for more than 40 years before this one
was finally passed. Amendment 20: Terms of the president and
Congress (This amendment was proposed on March 2, 1932, and
ratified on Jan. 23, 1933.) Section 1. The terms of the president
and vice president shall end at noon on the 20th day of January,
and the terms of senators and representatives at noon on the third
day of January, of the year in which such terms would have ended if
this article had not been ratified; and the terms of their
successors shall then begin. Section 2. The Congress shall assemble
at least once in every year, and such meeting shall begin at noon
on the third day of January, unless they shall by law appoint a
different day. Section 3. If, at the time fixed for the beginning
of the term of the president, the president elect shall have died,
the vice president elect shall become president. If a president
shall not have been chosen before the time fixed for the beginning
of his term, or if the president elect shall have failed to
qualify, then the vice president elect shall act as president until
a president shall have qualified; and the Congress may by law
provide for the case wherein neither a president elect nor a vice
president elect shall have qualified, declaring who shall then act
as president, or the manner in which one who is to act shall be
selected, and such person shall act accordingly until a president
or vice president shall have qualified. Section 4. The Congress may
by law provide for the case of the death of any of the persons from
whom the House of Representatives may choose a president whenever
the right of choice shall have devolved upon them, and for the case
of the death of any of the persons from whom the Senate may choose
a vice president whenever the right of choice shall have devolved
upon them. Section 5. Sections 1 and 2 shall take effect on the
15th day of October following the ratification of this article.
Section 6. This article shall be inoperative unless it shall have
been ratified as an amendment to the Constitution by the
legislatures of three-fourths of the several states within seven
years from the date of its submission. Notes: This lame duck
amendment moves the date that newly elected presidents and members
of Congress take office closer to election time. A lame duck is an
official who continues to serve though not reelected. Before the
amendment came into force, defeated members of Congress continued
to hold office for four months. See LAME DUCK AMENDMENT. Amendment
21: Repeal of prohibition (This amendment was proposed on Feb. 20,
1933, and ratified on Dec. 5, 1933.) Section 1. The eighteenth
article of amendment to the Constitution of the United States is
hereby repealed. Section 2. The transportation or importation into
any state, territory, or possession of the United States for
delivery or use therein of intoxicating liquors, in violation of
the laws thereof, is hereby prohibited. Section 3. This article
shall be inoperative unless it shall have been ratified as an
amendment to the Constitution by conventions in the several states,
as provided in the Constitution, within seven years from the date
of the submission hereof to the states by the Congress. Notes: This
amendment repeals the 18th Amendment. Section 2 promises federal
help to "dry" states in enforcing their own laws. Amendment 22:
Limitation of presidents to two terms (This amendment was proposed
on March 24, 1947, and ratified on Feb. 27, 1951.) Section 1. No
person shall be elected to the office of the president more than
twice, and no person who has held the office of president, or acted
as president, for more than two years of a term to which some other
person was elected president shall be elected to the office of the
president more than once. But this article shall not apply to any
person holding the office of president when this article was
proposed by the Congress, and shall not prevent any person who may
be holding the office of president, or acting as president, during
the term within which this article becomes operative from holding
the office of president or acting as president during the remainder
of such term. Section 2. This article shall be inoperative unless
it shall have been ratified as an amendment to the Constitution by
the legislatures of three-fourths of the several states within
seven years from the day of its submission to the states by the
Congress. Notes: This amendment provides that no person can be
elected president more than twice. Nobody who has served for more
than two years of someone else's term can be elected more than
once. A president can hold office for no more than 10 years. The
amendment was supported by those who thought Franklin D. Roosevelt
should not serve four terms. No other president had run for
election to more than two consecutive terms. Amendment 23: Suffrage
in the District of Columbia (This amendment was proposed on June
16, 1960, and ratified on March 29, 1961.) Section 1. The district
constituting the seat of government of the United States shall
appoint in such manner as the Congress may direct: A number of
electors of president and vice president equal to the whole number
of senators and representatives in Congress to which the district
would be entitled if it were a state, but in no event more than the
least populous state; they shall be in addition to those appointed
by the states, but they shall be considered, for the purposes of
the election of president and vice president, to be electors
appointed by a state; and they shall meet in the district and
perform such duties as provided by the twelfth article of
amendment. Section 2. The Congress shall have power to enforce this
article by appropriate legislation. Notes: This amendment allows
citizens of the District of Columbia to vote in presidential
elections. However, they cannot vote for members of Congress.
Amendment 24: Poll taxes (This amendment was proposed on Aug. 27,
1962, and ratified on Jan. 23, 1964.) Section 1. The right of
citizens of the United States to vote in any primary or other
election for president or vice president, for electors for
president or vice president, or for senator or representative in
Congress, shall not be denied or abridged by the United States or
any state by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by
appropriate legislation. Notes: This amendment forbids making
voters pay a poll tax before they can vote in a national election.
A poll tax, also called a head tax, is a tax collected equally from
everyone. Some states once used such taxes to keep poor people and
blacks from voting. The term poll tax does not mean a tax on
voting. It comes from the old English word poll, meaning head. See
POLL TAX. Amendment 25: Presidential disability and succession
(This amendment was proposed on July 6, 1965, and ratified on Feb.
10, 1967.) Section 1. In case of the removal of the president from
office or of his death or resignation, the vice president shall
become president. Section 2. Whenever there is a vacancy in the
office of the vice president, the president shall nominate a vice
president who shall take office upon confirmation by a majority
vote of both houses of Congress. Notes: This section provides for
filling a vacancy in the vice presidency. In 1973, Gerald R. Ford
became the first person chosen vice president under this provision.
He was nominated by President Richard M. Nixon after Vice President
Spiro T. Agnew resigned. In 1974, Nixon resigned and Ford became
president. Nelson A. Rockefeller then became vice president under
the new procedure. For the first time, the nation had both a
president and vice president who had not been elected to their
office. Before this amendment came into force, vacancies in the
vice presidency remained unfilled until the next election. Section
3. Whenever the president transmits to the president pro tempore of
the Senate and the speaker of the House of Representatives his
written declaration that he is unable to discharge the powers and
duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be
discharged by the vice president as acting president. Notes: This
section provides that the vice president succeeds to the presidency
if the president becomes disabled. Vice President George H. W. Bush
became the first acting president. He officially held the position
for eight hours on July 13, 1985, when President Ronald Reagan had
cancer surgery. Section 4. Whenever the vice president and majority
of either the principal officers of the executive departments or of
such other body as Congress may by law provide, transmit to the
president pro tempore of the Senate and the speaker of the House of
Representatives their written declaration that the president is
unable to discharge the powers and duties of his office, the vice
president shall immediately assume the powers and duties of the
office as acting president. Thereafter, when the president
transmits to the president pro tempore of the Senate and the
speaker of the House of Representatives his written declaration
that no inability exists, he shall resume the powers and duties of
his office unless the vice president and a majority of either the
principal officers of the executive department or of such other
body as Congress may by law provide, transmit within four days to
the president pro tempore of the Senate and the speaker of the
House of Representatives their written declaration that the
president is unable to discharge the powers and duties of his
office. Thereupon Congress shall decide the issue, assembling
within forty-eight hours for that purpose if not in session. If the
Congress, within twenty-one days after receipt of the latter
written declaration, or, if Congress is not in session, within
twenty-one days after Congress is required to assemble, determines
by two-thirds vote of both houses that the president is unable to
discharge the powers and duties of his office, the vice president
shall continue to discharge the same as acting president;
otherwise, the president shall resume the powers and duties of his
office. Amendment 26: Suffrage for 18-year-olds (This amendment was
proposed on March 23, 1971, and ratified on July 1, 1971.) Section
1. The right of citizens of the United States, who are eighteen
years of age or older, to vote shall not be denied or abridged by
the United States or by any state on account of age. Section 2. The
Congress shall have power to enforce this article by appropriate
legislation. Notes: This amendment grants the vote to citizens 18
years of age or older. Passed during the Vietnam War, it reflected
the opinion of many people of the time that young men who are old
enough to be drafted into the armed forces should be able to vote
for or against officials who lead the nation into war. Amendment
27: Congressional salaries (This amendment was proposed on Sept.
25, 1789, and ratified on May 7, 1992.) No law varying the
compensation for the services of the senators and representatives
shall take effect, until an election of representatives shall have
intervened. Notes: This amendment prevents Congress from passing
immediate salary increases for itself. It requires that salary
changes passed by Congress cannot take effect until after the next
congressional election. It had been passed in 1789 and sent to the
states for ratification. The amendment had no time limit for
ratification. It became part of the Constitution in 1992, after
Michigan became the 38th state to ratify it. ---- end of article
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