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127-705: The Presentment Clause ( Article I, Section 7, Clauses 2 and 3 ) of the United States Constitution outlines federal legislative procedure by which bills originating in Congress become federal law in the United States . The Presentment Clause, which is contained in Article I , Section 7, Clauses 2 and 3, provides: Every Bill which shall have passed the House of Representatives and

254-542: A citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, be a citizen for nine years, and live in the state they represent. Article I, Section 8 enumerates the powers delegated to the legislature. Financially, Congress has the power to tax, borrow, pay debt and provide for the common defense and the general welfare; to regulate commerce, bankruptcies, and coin money. To regulate internal affairs, it has

381-466: A clear and stable way of amending the document that is explicit, authentic, and the exclusive means of amendment; it promotes wisdom and justice through enhancing deliberation and prudence; and its process complements federalism and separation of powers that are key features of the Constitution. He argues that Article V remains the most clear and powerful way to register the sovereign desires of

508-528: A convention of state delegates in Philadelphia to propose revisions to the Articles. Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the Articles of Confederation." The convention was not limited to commerce; rather, it was intended to "render the federal constitution adequate to the exigencies of government and

635-686: A full ten days of consideration between the President and his advisors, the drafters of the Constitution excluded Sundays from the review period. However, Justice Brewer , speaking for a unanimous Supreme Court in Church of the Holy Trinity v. United States , 143 U.S. 457 (1892), cited the Presentment Clause as a clear example of why "no purpose of action against religion can be imputed to any legislation, state or national, because this

762-642: A major influence on the Albany Plan of Union , Benjamin Franklin's plan to create a unified government for the Thirteen Colonies , which was rejected. The Constitution includes four sections: an introductory paragraph titled Preamble, a list of seven Articles that define the government's framework, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments that have been adopted under Article V (see below ). The Preamble,

889-622: A period of sustained political activity on the part of a mobilized national constituency. For example, Akhil Amar rejects the notion that Article V excludes other modes of constitutional change, arguing instead that the procedure provided for in Article V is simply the exclusive method the government may use to amend the Constitution. He asserts that Article V nowhere prevents the People themselves, acting apart from ordinary Government, from exercising their legal right to alter or abolish Government via

1016-462: A permanent capital. North Carolina waited to ratify the Constitution until after the Bill of Rights was passed by the new Congress, and Rhode Island's ratification would only come after a threatened trade embargo. The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution

1143-487: A provision in the Ohio Constitution reserving to the state's voters the right to challenge and overturn its legislature's ratification of federal constitutional amendments was unconstitutional. An amendment becomes an operative part of the Constitution when it is ratified by the necessary number of states, rather than on the later date when its ratification is certified. No further action by Congress or anyone

1270-456: A time limit and the extending of it were powers committed exclusively to Congress under the political question doctrine and that in any event Congress had power to extend. It was argued that inasmuch as the fixing of a reasonable time was within Congress' power and that Congress could fix the time either in advance or at some later point, based upon its evaluation of the social and other bases of

1397-488: Is a religious people." Specifically, the Court stated: Even the Constitution of the United States, which is supposed to have little touch upon the private life of the individual ... provides in Article I, Section 7, a provision common to many constitutions, that the executive shall have ten days (Sundays excepted) within which to determine whether he will approve or veto a bill. There is no dissonance in these declarations. There

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1524-463: Is a universal language pervading them all, having one meaning. They affirm and reaffirm that this is a religious nation. Article Five of the Constitution, which prescribes the process whereby the Constitution may be altered, contains no requirement that a joint resolution proposing a constitutional amendment be presented to the president for approval or veto before it goes out to the states. In Hollingsworth v. Virginia , 3 U.S. (3 Dall.) 378 (1798),

1651-556: Is also silent on the issue of whether or not Congress, once it has sent an amendment that includes a ratification deadline to the states for their consideration, can extend that deadline. The practice of limiting the time available to the states to ratify proposed amendments began in 1917 with the Eighteenth Amendment . All amendments proposed since then, with the exception of the Nineteenth Amendment and

1778-661: Is called Independence Hall , functioned as the provisional government of the United States. Delegates to the First Continental Congress in 1774 and then the Second Continental Congress from 1775 to 1781 were chosen largely from the revolutionary committees of correspondence in various colonies rather than through the colonial governments of the Thirteen Colonies . The Articles of Confederation and Perpetual Union

1905-404: Is not necessary to place constitutional amendments before the president for approval or veto. Three times in the 20th century, concerted efforts were undertaken by proponents of particular amendments to secure the number of applications necessary to summon an Article V Convention. These included conventions to consider amendments to (1) provide for the popular election of U.S. Senators; (2) permit

2032-595: Is not the best." The advocates of the Constitution were anxious to obtain unanimous support of all twelve states represented in the convention. Their accepted formula for the closing endorsement was "Done in Convention, by the unanimous consent of the States present." At the end of the convention, the proposal was agreed to by eleven state delegations and the lone remaining delegate from New York, Alexander Hamilton. Within three days of its signing on September 17, 1787,

2159-455: Is required. On three occasions, Congress has, after being informed that an amendment has reached the ratification threshold, adopted a resolution declaring the process successfully completed. Such actions, while perhaps important for political reasons, are, constitutionally speaking, unnecessary. Presently, the Archivist of the United States is charged with responsibility for administering

2286-656: Is to receive only one compensation from the federal government. The inaugural oath is specified to preserve, protect and defend the Constitution. The president is the Commander in Chief of the United States Armed Forces , as well as of state militias when they are mobilized. The president makes treaties with the advice and consent of a two-thirds quorum of the Senate. To administer the federal government,

2413-415: The 1787 Constitutional Convention between two groups, one maintaining that the national legislature should have no role in the constitutional amendment process, and another contending that proposals to amend the constitution should originate in the national legislature and their ratification should be decided by state legislatures or state conventions. Regarding the consensus amendment process crafted during

2540-533: The Bill of Rights , offer specific protections of individual liberty and justice and place restrictions on the powers of government within the U.S. states. The majority of the 17 later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures. Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to

2667-647: The Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly allowed by the enumerated powers nor expressly denied in the limitations on Congress. In McCulloch v. Maryland (1819), the Supreme Court read the Necessary and Proper Clause to permit the federal government to take action that would "enable [it] to perform the high duties assigned to it [by

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2794-546: The Senate , as described in Article I, Section 3, Clause 1 , without that state's consent. Designed to seal two compromises reached between delegates to the Constitutional Convention after contentious debates, these are the only explicitly entrenched provisions of the Constitution. The guarantee of equal suffrage in the Senate is arguably subject to being amended through the procedures outlined within

2921-601: 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

3048-595: The State of the Union , and by the Recommendation Clause , recommends "necessary and expedient" national measures. The president may convene and adjourn Congress under special circumstances. Section 4 provides for the removal of the president and other federal officers. The president is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Article III describes

3175-671: The Virginia Declaration of Rights were incorporated into the Bill of Rights. Upon the arrival of the American Revolution, many of the rights guaranteed by the Federal Bill of Rights were recognized as being inspired by English law. A substantial body of thought had been developed from the literature of republicanism in the United States , typically demonstrated by the works of John Adams , who often quoted Blackstone and Montesquieu verbatim, and applied to

3302-708: The Virginia Plan , known as the New Jersey Plan , also called for an elected executive but retained the legislative structure created by the Articles, a unicameral Congress where all states had one vote. On June 19, 1787, delegates rejected the New Jersey Plan with three states voting in favor, seven against, and one divided. The plan's defeat led to a series of compromises centering primarily on two issues: slavery and proportional representation. The first of these pitted Northern states, where slavery

3429-468: The court system (the judicial branch ), including the Supreme Court . The article describes the kinds of cases the court takes as original jurisdiction . Congress can create lower courts and an appeals process and enacts law defining crimes and punishments. Article Three also protects the right to trial by jury in all criminal cases , and defines the crime of treason . Article Five of

3556-549: The egalitarian character of the American people. In a 1787 letter to John Rutledge , Jefferson asserted that "The only condition on earth to be compared with [American government] ... is that of the Indians, where they still have less law than we." American Indian history scholars Donald Grinde and Bruce Johansen claim there is "overwhelming evidence" that Iroquois Confederacy political concepts and ideas influenced

3683-489: The states or by ratifying conventions conducted in three-quarters of the states, a process utilized only once thus far in American history with the 1933 ratification of the Twenty-First Amendment . The vote of each state (to either ratify or reject a proposed amendment) carries equal weight , regardless of a state's population or length of time in the Union. Article Five is silent regarding deadlines for

3810-441: The "three fourths of the several states" plateau for becoming a part of the Constitution. It had been submitted to the states for ratification—without a ratification deadline—on September 25, 1789, an unprecedented time period of 202 years, 7 months and 12 days. Whether once it has prescribed a ratification period Congress may extend the period without necessitating action by already-ratified States embroiled Congress,

3937-441: The (still pending) Child Labor Amendment , have included a deadline, either in the body of the proposed amendment, or in the joint resolution transmitting it to the states. The ratification deadline "clock" begins running on the day final action is completed in Congress. An amendment may be ratified at any time after final congressional action, even if the states have not yet been officially notified. In Dillon v. Gloss (1921),

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4064-543: The 74 delegates appointed by the states, 55 attended. The delegates were generally convinced that an effective central government with a wide range of enforceable powers must replace the weaker Congress established by the Articles of Confederation. Two plans for structuring the federal government arose at the convention's outset: On May 31, the Convention devolved into the Committee of the Whole , charged with considering

4191-805: The American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves. The view that the Article ;V amendment process is the only legitimate vehicle for bringing about constitutional change is, as pointed out by constitutional law scholar Joel K. Goldstein, "challenged by numerous widely-accepted judicial decisions that have introduced new meaning into constitutional language by departing from original intentions, expectations, or meaning". He also points out how constitutional institutions have, independent of both judicial activity and alterations effected though

4318-610: The Article V process, evolved "to take forms inconsistent with what the Founders imagined or the language they wrote suggested". In his farewell address , President George Washington said: If in the opinion of the People the distribution or modification of the Constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be

4445-421: The Article. Law professor George Mader holds that the shielding provision can be amended because it is not "self-entrenched", meaning that it does not contain a provision preventing its own amendment. Thus, under Mader's argument, a two-step amendment process could repeal the provision that prevents the equal suffrage provision from being amended, and then repeal the equal suffrage provision itself. Mader contrasts

4572-466: The Articles of Confederation, which had proven highly ineffective in meeting the young nation's needs. Almost immediately, however, delegates began considering measures to replace the Articles. The first proposal discussed, introduced by delegates from Virginia , called for a bicameral (two-house) Congress that was to be elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch. An alternative to

4699-484: The Articles, required legislative approval by all 13 of the newly formed states. Despite these limitations, based on the Congressional authority granted in Article 9, the league of states was considered as strong as any similar republican confederation ever formed. The chief problem was, in the words of George Washington , "no money." The Confederated Congress could print money, but it was worthless, and while

4826-562: The Confederation had "virtually ceased trying to govern." The vision of a respectable nation among nations seemed to be fading in the eyes of revolutionaries such as George Washington , Benjamin Franklin , and Rufus King . Their dream of a republic , a nation without hereditary rulers, with power derived from the people in frequent elections, was in doubt. On February 21, 1787, the Confederation Congress called

4953-411: The Congress could borrow money, it could not pay it back. No state paid its share of taxes to support the government, and some paid nothing. A few states did meet the interest payments toward the national debt owed by their citizens, but nothing greater, and no interest was paid on debts owed foreign governments. By 1786, the United States was facing default on its outstanding debts. Under the Articles,

5080-478: The Constitution , often referred to as its framing, was completed at the Constitutional Convention , which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. Delegates to the convention were chosen by the state legislatures of 12 of the 13 original states ; Rhode Island refused to send delegates. The convention's initial mandate was limited to amending

5207-454: The Constitution itself was adopted without following the procedures in the Articles of Confederation , while Constitutional attorney Michael Farris disagrees, saying the convention was a product of the States' residual power , and the amendment in adoption process was legal, having received the unanimous assent of the States' legislatures. Article V lays out the procedures for amending

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5334-514: The Constitution was submitted to the Congress of the Confederation , then sitting in New York City, the nation's temporary capital. The document, originally intended as a revision of the Articles of Confederation, instead introduced a completely new form of government. While members of Congress had the power to reject it, they voted unanimously on September 28 to forward the proposal to the thirteen states for their ratification . Under

5461-552: The Constitution's introductory paragraph, lays out the purposes of the new government: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The opening words, " We

5588-522: The Constitution, Article Five also shields three clauses in Article One from ordinary amendment by attaching stipulations. Regarding two of the clauses—one concerning importation of slaves and the other apportionment of direct taxes —the prohibition on amendment was absolute but of limited duration , expiring in 1808; the third was without an expiration date but less absolute: "no state, without its consent, shall be deprived of its equal Suffrage in

5715-777: The Constitution, the Federalists , and the other opposing it, the so-called Anti-Federalists . Over the ensuing months, the proposal was debated, criticized, and expounded upon clause by clause. In the state of New York , at the time a hotbed of anti-Federalism, three delegates from the Philadelphia Convention who were also members of the Congress— Hamilton , Madison , and Jay —published a series of commentaries, now known as The Federalist Papers , in support of ratification. Before year's end, three state legislatures voted in favor of ratification. Delaware

5842-508: The Constitution] in the manner most beneficial to the people," even if that action is not itself within the enumerated powers. Chief Justice Marshall clarified: "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional." Article II describes

5969-603: The Constitutional Convention. Prior to and during the framing and signing of the Constitution, Blackstone , Hume , Locke and Montesquieu were among the political philosophers most frequently referred to. Historian Herbert W. Schneider held that the Scottish Enlightenment was "probably the most potent single tradition in the American Enlightenment" and the advancement of personal liberties. Historian Jack P. Greene maintains that by 1776

6096-530: The Court of Appeals, but before they could hear the case, the extended period granted by Congress had been exhausted without the necessary number of states, thus rendering the case moot . Article V also contains two statements that shield the subject matter of certain constitutional clauses from being amended. The first of the two is obsolete due to an attached sunset provision . Absolutely not amendable until 1808 were Article I, Section 9, Clause 1 , which prevented Congress from passing any law that would restrict

6223-685: The Iroquois influence thesis is largely the product of "white interpretations of Indians" and "scholarly misapprehension". John Napoleon Brinton Hewitt , who was born on the Tuscarora Indian Reservation , and was an ethnologist at the Smithsonian Institution 's Bureau of Ethnology is often cited by historians of Iroquois history. Hewitt, however, rejected the idea that the Iroquois League had

6350-597: The Law of Nations, to declare war and make rules of war. The final Necessary and Proper Clause , also known as the Elastic Clause, expressly confers incidental powers upon Congress without the Articles' requirement for express delegation for each and every power. Article I, Section 9 lists eight specific limits on congressional power. The Supreme Court has sometimes broadly interpreted the Commerce Clause and

6477-603: The Laws of England are considered the most influential books on law in the new republic. Madison made frequent reference to Blackstone, Locke, and Montesquieu, all of whom were among the most prominent political theorists of the late eighteenth century. Following the Glorious Revolution of 1688, British political philosopher John Locke was a major influence, expanding on the contract theory of government advanced by Thomas Hobbes , his contemporary. Locke advanced

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6604-640: 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

6731-698: 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,

6858-404: The People ", represented a new thought: the idea that the people and not the states were the source of the government's legitimacy. Coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style, the phrase is considered an improvement on the section's original draft which followed the words We the People with a list of the 13 states. In place of the names of

6985-460: The Presentment Clause and bicameralism . The ten-day period for the presidential review of legislation excludes Sundays. Some scholars believe this exclusion was not for religious reasons, but intended to support a deliberative process in which the President would consult and seek advice regarding the merits of the proposed law. For instance, Jaynie Randall has stated that because the blue laws of various states restricted travel on Sundays, to allow

7112-619: 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. 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

7239-589: The Senate (with each state's legislators generally choosing their respective senators), and that all money bills would originate in the House. The Great Compromise ended the stalemate between patriots and nationalists, leading to numerous other compromises in a spirit of accommodation. There were sectional interests to be balanced by the Three-Fifths Compromise ; reconciliation on Presidential term, powers, and method of selection; and jurisdiction of

7366-779: The Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. The Supreme Court decision in Clinton v. City of New York , 524 U.S. 417 (1998), struck down as unconstitutional the Line Item Veto Act of 1996 , holding that the line-item veto violated the Presentment Clause. The Supreme Court also found the legislative veto unconstitutional in Immigration and Naturalization Service v. Chadha , 462 U.S. 919 (1983), as violating

7493-404: The Senate. Thirty-three amendments to the United States Constitution have been approved by the Congress and sent to the states for ratification. Twenty-seven of these amendments have been ratified and are now part of the Constitution. The first ten amendments were adopted and ratified simultaneously and are known collectively as the Bill of Rights . Six amendments adopted by Congress and sent to

7620-499: The Senate." Scholars disagree as to whether this shielding clause can itself be amended by the procedures laid out in Article Five. 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

7747-401: The Supreme Court affirmed that doing so is not necessary. Consequently, the president has no official function in the process. 1 U.S.C.   § 106a provides that whenever a bill becomes law or takes effect, it will be received by the Archivist of the United States from the President. This allows the National Archives and Records Administration to maintain records of and publish

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7874-600: The Supreme Court upheld Congress's power to prescribe time limitations for state ratifications and intimated that clearly out of date proposals were no longer open for ratification. Granting that it found nothing express in Article V relating to time constraints, the Court yet allowed that it found intimated in the amending process a "strongly suggest[ive]" argument that proposed amendments are not open to ratification for all time or by States acting at widely separate times. The court subsequently, in Coleman v. Miller (1939), modified its opinion considerably. In that case, related to

8001-715: The Treasury had no funds to pay toward ransom. If a military crisis required action, the Congress had no credit or taxing power to finance a response. Domestically, the Articles of Confederation was failing to bring unity to the diverse sentiments and interests of the various states. Although the Treaty of Paris in 1783 was signed between Britain and the U.S., and named each of the American states, various states proceeded to violate it. New York and South Carolina repeatedly prosecuted Loyalists for wartime activity and redistributed their lands. Individual state legislatures independently laid embargoes, negotiated directly with foreign authorities, raised armies, and made war, all violating

8128-502: The U.S. Constitution , and are considered to be the most outspoken supporters of the Iroquois thesis. The idea as to the extent of that influence on the founding, however, varies among historians and has been questioned or criticized by various historians, including Samuel Payne, William Starna, George Hamell, and historian and archaeologist Philip Levy , who claims the evidence is largely coincidental and circumstantial. The most outspoken critic, anthropologist Elisabeth Tooker , claimed

8255-432: The United States Constitution Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate ; or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures . To become part of the Constitution, an amendment must then be ratified by either—as determined by Congress—the legislatures of three-quarters of

8382-426: The United States had little ability to defend its sovereignty. Most of the troops in the nation's 625-man army were deployed facing non-threatening British forts on American soil. Soldiers were not being paid, some were deserting, and others were threatening mutiny. Spain closed New Orleans to American commerce, despite the protests of U.S. officials. When Barbary pirates began seizing American ships of commerce,

8509-429: The Virginia Plan. On June 13, the Virginia resolutions in amended form were reported out of committee. The New Jersey Plan was put forward in response to the Virginia Plan. A Committee of Eleven, including one delegate from each state represented, met from July 2 to 16 to work out a compromise on the issue of representation in the federal legislature. All agreed to a republican form of government grounded in representing

8636-415: The amending process again. Opponents argued that Congress, having by a two-thirds vote sent the amendment and its authorizing resolution to the states, had put the matter beyond changing by passage of a simple resolution, that states had either acted upon the entire package or at least that they had or could have acted affirmatively upon the promise of Congress that if the amendment had not been ratified within

8763-440: The amendments were designed to be interwoven into the relevant sections of the original document. Instead, they were approved by Congress and sent to the states for ratification as supplemental additions ( codicils ) appended to it. Both these precedents have been followed ever since. Once approved by Congress, the joint resolution proposing a constitutional amendment does not require presidential approval before it goes out to

8890-418: The authority of Congress to decide which mode of ratification will be used for each individual constitutional amendment. The Court had earlier, in Hawke v. Smith (1920), upheld the Ohio General Assembly 's ratification of the Eighteenth Amendment —which Congress had sent to the state legislatures for ratification—after Ohio voters successfully vetoed that approval through a popular referendum , ruling that

9017-401: The close of these discussions, on September 8, a Committee of Style and Arrangement, including Alexander Hamilton from New York , William Samuel Johnson from Connecticut , Rufus King from Massachusetts , James Madison from Virginia, and Gouverneur Morris from Pennsylvania, was appointed to distill a final draft constitution from the 23 approved articles. The final draft, presented to

9144-420: The convention on September 12, contained seven articles, a preamble and a closing endorsement , of which Morris was the primary author. The committee also presented a proposed letter to accompany the constitution when delivered to Congress. The final document, engrossed by Jacob Shallus , was taken up on Monday, September 17, at the convention's final session. Several of the delegates were disappointed in

9271-613: The convention, James Madison (writing in The Federalist No. 43 ) declared: It guards equally against that extreme facility which would render the Constitution too mutable; and that extreme difficulty which might perpetuate its discovered faults. It moreover equally enables the General and the State Governments to originate the amendment of errors, as they may be pointed out by the experience on one side, or on

9398-998: The creation of state constitutions . While the ideas of unalienable rights, the separation of powers and the structure of the Constitution were largely influenced by the European Enlightenment thinkers, like Montesquieu , John Locke and others, Benjamin Franklin and Thomas Jefferson still had reservations about the existing forms of government in Europe. In a speech at the Constitutional Convention Franklin stated, "We have gone back to ancient history for models of Government, and examined different forms of those Republics ... And we have viewed modern States all round Europe but find none of their Constitutions suitable to our circumstances." Jefferson maintained, that most European governments were autocratic monarchies and not compatible with

9525-452: The doctrine of the separation of powers , in which the federal government is divided into three branches: the legislative , consisting of the bicameral Congress ( Article I ); the executive , consisting of the president and subordinate officers ( Article II ); and the judicial , consisting of the Supreme Court and other federal courts ( Article III ). Article IV , Article V , and Article VI embody concepts of federalism , describing

9652-418: The document. The original U.S. Constitution was handwritten on five pages of parchment by Jacob Shallus . The first permanent constitution, it is interpreted, supplemented, and implemented by a large body of federal constitutional law and has influenced the constitutions of other nations. From September 5, 1774, to March 1, 1781, the Second Continental Congress , convened in Philadelphia in what today

9779-429: The enacted laws. United States Constitution [REDACTED] [REDACTED] The Constitution of the United States is the supreme law of the United States . It superseded the Articles of Confederation , the nation's first constitution , on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the federal government . The Constitution's first three articles embody

9906-507: The encroachments of the national authority", has yet to be invoked. When the 1st Congress considered a series of constitutional amendments , it was suggested that the two houses first adopt a resolution indicating that they deemed amendments necessary. This procedure was not used. Instead, both the House and the Senate proceeded directly to consideration of a joint resolution , thereby implying that both bodies deemed amendments to be necessary. Also, when initially proposed by James Madison ,

10033-448: The equal suffrage provision could be amended through a two-step process, but describes that process as a "sly scheme". According to constitutional theorist and scholar Lawrence G. Sager , there is debate among commentators about whether Article V is the exclusive means of amending the Constitution, or whether there are routes to amendment, including some routes in which the Constitution could be unconsciously or unwittingly amended in

10160-418: The federal judiciary. On July 24, a Committee of Detail , including John Rutledge (South Carolina), Edmund Randolph (Virginia), Nathaniel Gorham (Massachusetts), Oliver Ellsworth (Connecticut), and James Wilson (Pennsylvania), was elected to draft a detailed constitution reflective of the resolutions passed by the convention up to that point. The Convention recessed from July 26 to August 6 to await

10287-433: The first senators and representatives, the first Wednesday of January (January 7, 1789); electing the first president, the first Wednesday of February (February 4); and officially starting the new government, the first Wednesday of March (March 4), when the first Congress would convene in New York City. As its final act, the Congress of Confederation agreed to purchase 10 square miles from Maryland and Virginia for establishing

10414-480: The focus of each Article remains the same as when adopted in 1787. Article I describes the Congress , the legislative branch of the federal government. Section 1 reads, "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 ." The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be

10541-415: The founders drew heavily upon Magna Carta and the later writings of "Enlightenment rationalism" and English common law . Historian Daniel Walker Howe notes that Benjamin Franklin greatly admired David Hume , an eighteenth-century Scottish philosopher, and had studied many of his works while at Edinburgh in 1760. Both embraced the idea that high-ranking public officials should receive no salary and that

10668-467: The idea of separation had for its purpose the even distribution of authority among the several branches of government. The English Bill of Rights (1689) was an inspiration for the American Bill of Rights. Both require jury trials , contain a right to keep and bear arms , prohibit excessive bail and forbid " cruel and unusual punishments ". Many liberties protected by state constitutions and

10795-401: The importation of slaves prior to 1808, and Article I, Section 9, Clause 4 , a declaration that direct taxes must be apportioned according to state populations, as described in Article I, Section 2, Clause 3 . The second prohibition was not given an expiration date and remains in effect. It expressly provides that no amendment shall deprive a state of its equal suffrage (representation) in

10922-454: The instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit which the use can at any time yield. This statement by Washington has become controversial, and scholars disagree about whether it still describes the proper constitutional order in the United States. Scholars who dismiss Washington's position often argue that

11049-431: The letter and the spirit of the Articles. In September 1786, during an inter–state convention to discuss and develop a consensus about reversing the protectionist trade barriers that each state had erected, James Madison questioned whether the Articles of Confederation was a binding compact or even a viable government. Connecticut paid nothing and "positively refused" to pay U.S. assessments for two years. A rumor at

11176-757: The lower class was a better judge of character when it came to choosing their representatives. In his Institutes of the Lawes of England , Coke interpreted Magna Carta protections and rights to apply not just to nobles, but to all British subjects. In writing the Virginia Charter of 1606 , he enabled the King in Parliament to give those to be born in the colonies all rights and liberties as though they were born in England. William Blackstone's Commentaries on

11303-548: The lower house and equal representation in the upper house (the Senate) giving each state two senators. While these compromises held the Union together and aided the Constitution's ratification, slavery continued for six more decades and the less populous states continue to have disproportional representation in the U.S. Senate and Electoral College . Since the Constitution became operational in 1789, it has been amended 27 times. The first ten amendments, known collectively as

11430-410: The nation that the ratification process has been successfully completed. This process, argues Steven Levitsky and Daniel Ziblatt , means the U.S. Constitution is the most difficult in the world to amend "by a lot". The Constitution is silent on the issue of whether or not Congress may limit the length of time that the states have to ratify constitutional amendments sent for their consideration. It

11557-426: The nation's frame of government. The first method authorizes Congress, "whenever two-thirds of both houses shall deem it necessary", to propose constitutional amendments. The second method requires Congress, "on the application of the legislatures of two-thirds of the several states" (34 as of 1959 ), to "call a convention for proposing amendments". This duality in Article V is the result of compromises made during

11684-438: The necessities of the amendment, Congress did not violate the Constitution when, once having fixed the time, it subsequently extended the time. Proponents recognized that if the time limit was fixed in the text of the amendment Congress could not alter it because the time limit as well as the substantive provisions of the proposal had been subject to ratification by a number of States, making it unalterable by Congress except through

11811-464: The need for balanced forces pushing against each other to prevent tyranny (reflecting the influence of Polybius 's 2nd century BC treatise on the checks and balances of the Roman Republic ). In his The Spirit of Law , Montesquieu maintained that the separation of state powers should be by its service to the people's liberty: legislative, executive and judicial, while also emphasizing that

11938-477: The office, qualifications, and duties of the President of the United States and the Vice President . The President is head of the executive branch of the federal government , as well as the nation's head of state and head of government . Article two is modified by the 12th Amendment , which tacitly acknowledges political parties, and the 25th Amendment relating to office succession. The president

12065-417: The other. Each time the Article V process has been initiated since 1789, the first method for crafting and proposing amendments has been used. All 33 amendments submitted to the states for ratification originated in Congress. The second method, the convention option, a political tool which Alexander Hamilton (writing in The Federalist No. 85 ) argued would enable state legislatures to "erect barriers against

12192-551: The people in the states. For the legislature, two issues were to be decided: how the votes were to be allocated among the states in the Congress, and how the representatives should be elected. In its report, now known as the Connecticut Compromise (or "Great Compromise"), the committee proposed proportional representation for seats in the House of Representatives based on population (with the people voting for representatives), and equal representation for each State in

12319-407: The power to regulate and govern military forces and militias , suppress insurrections and repel invasions. It is to provide for naturalization, standards of weights and measures, post offices and roads, and patents; to directly govern the federal district and cessions of land by the states for forts and arsenals. Internationally, Congress has the power to define and punish piracies and offenses against

12446-549: The prescribed period it would expire and their assent would not be compelled for longer than they had intended. In 1981, the United States District Court for the District of Idaho , however, found that Congress did not have the authority to extend the deadline, even when only contained within the proposing joint resolution's resolving clause. The Supreme Court had decided to take up the case, bypassing

12573-484: The preservation of the Union." The proposal might take effect when approved by Congress and the states. On the appointed day, May 14, 1787, only the Virginia and Pennsylvania delegations were present, and the convention's opening meeting was postponed for lack of a quorum. A quorum of seven states met on May 25, and deliberations began. Eventually 12 states were represented, with Rhode Island refusing to participate. Of

12700-418: The president commissions all the offices of the federal government as Congress directs; and may require the opinions of its principal officers and make " recess appointments " for vacancies that may happen during the recess of the Senate. The president ensures the laws are faithfully executed and may grant reprieves and pardons with the exception of Congressional impeachment . The president reports to Congress on

12827-528: The principle of consent of the governed in his Two Treatises of Government . Government's duty under a social contract among the sovereign people was to serve the people by protecting their rights. These basic rights were life, liberty, and property . Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78 . Jefferson, Adams, and Mason were known to read Montesquieu. Supreme Court Justices ,

12954-501: The process outlined in Article VII of the proposed Constitution, the state legislatures were tasked with organizing "Federal Conventions" to ratify the document. This process ignored the amendment provision of the Articles of Confederation which required unanimous approval of all the states. Instead, Article VII called for ratification by just nine of the 13 states—a two-thirds majority. Two factions soon emerged, one supporting

13081-484: The proper legal procedures. Other scholars disagree. Some argue that the Constitution itself provides no mechanism for the American people to adopt constitutional amendments independently of Article V. Darren Patrick Guerra has argued that Article V is a vital part of the American constitutional tradition and he defends it against modern critiques that Article V is either too difficult, too undemocratic, or too formal. Instead he argues that Article V provides

13208-602: The proposed Child Labor Amendment, it held that the question of timeliness of ratification is a political and non-justiciable one, leaving the issue to Congress's discretion. It would appear that the length of time elapsing between proposal and ratification is irrelevant to the validity of the amendment. Based upon this precedent, the Archivist of the United States, on May 7, 1992, proclaimed the Twenty-seventh Amendment as having been ratified when it surpassed

13335-504: The prospect of defeat, the Federalists relented, promising that if the Constitution was adopted, amendments would be added to secure individual liberties. With that, the anti-Federalists' position collapsed. On June 21, 1788, New Hampshire became the ninth state to ratify. Three months later, on September 17, the Congress of the Confederation certified the ratification of eleven states, and passed resolutions setting dates for choosing

13462-565: The provision preventing the modification of the equal suffrage clause with the unratified Corwin Amendment , which contains a self-entrenching, unamendable provision. Law professor Richard Albert also holds that the equal suffrage provision could be amended through a "double amendment" process, contrasting the U.S. Constitution with other constitutions in which the provision that protects certain provisions from ever being amended also protects itself. Another legal scholar, Akhil Amar , argues that

13589-487: The ratification of proposed amendments, but most amendments proposed since 1917 have included a deadline for ratification. Legal scholars generally agree that the amending process of Article Five can itself be amended by the procedures laid out in Article Five, but there is some disagreement over whether Article Five is the exclusive means of amending the Constitution. In addition to defining the procedures for altering

13716-420: The ratification process under the provisions of 1 U.S. Code § 106b . The Archivist officially notifies the states, by a registered letter to each state's Governor , that an amendment has been proposed. Each Governor then formally submits the amendment to their state's legislature (or ratifying convention). When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of

13843-425: The report of this "Committee of Detail". Overall, the report of the committee conformed to the resolutions adopted by the convention, adding some elements. A twenty-three article (plus preamble) constitution was presented. From August 6 to September 10, the report of the committee of detail was discussed, section by section and clause by clause. Details were attended to, and further compromises were effected. Toward

13970-442: The result, a makeshift series of unfortunate compromises. Some delegates left before the ceremony and three others refused to sign. Of the thirty-nine signers, Benjamin Franklin summed up, addressing the convention: "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them." He would accept the Constitution, "because I expect no better and because I am not sure that it

14097-414: The rights and responsibilities of state governments , the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world. The drafting of

14224-499: The state legislatures or to state ratifying conventions for ratification. Amendments ratified by the states under either procedure are indistinguishable and have equal validity as part of the Constitution. Of the 33 amendments submitted to the states for ratification, the state convention method has been used for only one, the Twenty-first Amendment . In United States v. Sprague (1931), the Supreme Court affirmed

14351-469: The state's action. Upon receiving the necessary number of state ratifications, it is the duty of the Archivist to issue a certificate proclaiming a particular amendment duly ratified and part of the Constitution. The amendment and its certificate of ratification are then published in the Federal Register and United States Statutes at Large . This serves as official notice to Congress and to

14478-477: The states Morris substituted "of the United States" and then listed the Constitution's six goals, none of which were mentioned originally. The Constitution's main provisions include seven articles that define the basic framework of the federal government. Articles that have been amended still include the original text, although provisions repealed by amendments under Article V are usually bracketed or italicized to indicate they no longer apply. Despite these changes,

14605-438: The states have not been ratified by the required number of states and are not part of the Constitution. Four of these amendments are still technically open and pending, one is closed and has failed by its own terms, and one is closed and has failed by the terms of the resolution proposing it. All totaled, more than 10,000 measures to amend the Constitution have been proposed in Congress. Article V provides two methods for amending

14732-405: The states in 1912, while the latter two campaigns came very close to meeting the two-thirds threshold in the 1960s and 1980s, respectively. After being officially proposed, either by Congress or a national convention of the states, a constitutional amendment must then be ratified by three-fourths (38 out of 50) of the states. Congress is authorized to choose whether a proposed amendment is sent to

14859-475: The states to include factors other than equality of population in drawing state legislative district boundaries; and (3) to propose an amendment requiring the U.S. budget to be balanced under most circumstances. The campaign for a popularly elected Senate is frequently credited with "prodding" the Senate to join the House of Representatives in proposing what became the Seventeenth Amendment to

14986-400: The states, and the courts in argument with respect to the proposed Equal Rights Amendment (Sent to the states on March 22, 1972, with a seven-year ratification time limit attached). In 1978 Congress, by simple majority vote in both houses, extended the original deadline by 3 years, 3 months and 8 days (through June 30, 1982). The amendment's proponents argued that the fixing of

15113-433: The states. While Article I Section 7 provides that all federal legislation must, before becoming Law, be presented to the president for his or her signature or veto , Article V provides no such requirement for constitutional amendments approved by Congress, or by a federal convention. Thus the president has no official function in the process. In Hollingsworth v. Virginia (1798), the Supreme Court affirmed that it

15240-675: The time was that a seditious party of New York legislators had opened a conversation with the Viceroy of Canada . To the south, the British were said to be openly funding Creek Indian raids on Georgia, and the state was under martial law . Additionally, during Shays' Rebellion (August 1786 – June 1787) in Massachusetts, Congress could provide no money to support an endangered constituent state. General Benjamin Lincoln

15367-519: The ultimate interpreters of the constitution, have cited Montesquieu throughout the Court's history. (See, e.g. , Green v. Biddle , 21 U.S. 1, 1, 36 (1823). United States v. Wood , 39 U.S. 430, 438 (1840). Myers v. United States , 272 U.S. 52, 116 (1926). Nixon v. Administrator of General Services , 433 U.S. 425, 442 (1977). Bank Markazi v. Peterson , 136 U.S. 1310, 1330 (2016).) Montesquieu emphasized

15494-425: Was first, voting unanimously 30–0; Pennsylvania second, approving the measure 46–23; and New Jersey third, also recording a unanimous vote. As 1788 began, Connecticut and Georgia followed Delaware's lead with almost unanimous votes, but the outcome became less certain as leaders in key states such as Virginia, New York, and Massachusetts expressed concerns over the lack of protections for people's rights. Fearing

15621-401: Was obliged to raise funds from Boston merchants to pay for a volunteer army. Congress was paralyzed. It could do nothing significant without nine states, and some legislation required all 13. When a state produced only one member in attendance, its vote was not counted. If a state's delegation was evenly divided, its vote could not be counted towards the nine-count requirement. The Congress of

15748-427: Was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler. The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke . The influence of Montesquieu, Locke, Edward Coke and William Blackstone were evident at

15875-417: Was protected further by allowing states to count three-fifths of their slaves as part of their populations, for the purpose of representation in the federal government, and by requiring the return of escaped slaves to their owners, even if captured in states where slavery had been abolished. Finally, the delegates adopted the Connecticut Compromise , which proposed a Congress with proportional representation in

16002-553: Was slowly being abolished, against Southern states, whose agricultural economies depended on slave labor. The issue of proportional representation was of similar concern to less populous states, which under the Articles had the same power as larger states. To satisfy interests in the South, particularly in Georgia and South Carolina, the delegates agreed to protect the slave trade, that is, the importation of slaves, for 20 years. Slavery

16129-531: Was the first constitution of the United States. The document was drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and was adopted by the full Congress in mid-November of that year. Ratification by the 13 colonies took more than three years and was completed March 1, 1781. The Articles gave little power to the central government. While the Confederation Congress had some decision-making abilities, it lacked enforcement powers. The implementation of most decisions, including amendments to

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