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The Constitution of The United States

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Constitution

By: History.com Editors

Updated: March 28, 2023 | Original: October 27, 2009

The Constitution of the United States established America’s national government and fundamental laws, and guaranteed certain basic rights for its citizens. 

It was signed on September 17, 1787, by delegates to the Constitutional Convention in Philadelphia. Under America’s first governing document, the Articles of Confederation, the national government was weak and states operated like independent countries. At the 1787 convention, delegates devised a plan for a stronger federal government with three branches—executive, legislative and judicial—along with a system of checks and balances to ensure no single branch would have too much power. 

The Preamble to the U.S. Constitution

The Preamble outlines the Constitution's purpose and guiding principles. It reads:

The Bill of Rights were 10 amendments guaranteeing basic individual protections, such as freedom of speech and religion, that became part of the Constitution in 1791. To date, there are 27 constitutional amendments.

Articles of Confederation

America’s first constitution, the Articles of Confederation , was ratified in 1781, a time when the nation was a loose confederation of states, each operating like independent countries. The national government was comprised of a single legislature, the Congress of the Confederation; there was no president or judicial branch.

The Articles of Confederation gave Congress the power to govern foreign affairs, conduct war and regulate currency; however, in reality these powers were sharply limited because Congress had no authority to enforce its requests to the states for money or troops.

Did you know? George Washington was initially reluctant to attend the Constitutional Convention. Although he saw the need for a stronger national government, he was busy managing his estate at Mount Vernon, suffering from rheumatism and worried that the convention wouldn't be successful in achieving its goals.

Soon after America won its independence from Great Britain with its 1783 victory in the American Revolution , it became increasingly evident that the young republic needed a stronger central government in order to remain stable.

In 1786, Alexander Hamilton , a lawyer and politician from New York , called for a constitutional convention to discuss the matter. The Confederation Congress, which in February 1787 endorsed the idea, invited all 13 states to send delegates to a meeting in Philadelphia.

Forming a More Perfect Union

On May 25, 1787, the Constitutional Convention opened in Philadelphia at the Pennsylvania State House, now known as Independence Hall, where the Declaration of Independence had been adopted 11 years earlier. There were 55 delegates in attendance, representing all 13 states except Rhode Island , which refused to send representatives because it did not want a powerful central government interfering in its economic business. George Washington , who’d become a national hero after leading the Continental Army to victory during the American Revolution, was selected as president of the convention by unanimous vote.

The delegates (who also became known as the “framers” of the Constitution) were a well-educated group that included merchants, farmers, bankers and lawyers. Many had served in the Continental Army, colonial legislatures or the Continental Congress (known as the Congress of the Confederation as of 1781). In terms of religious affiliation, most were Protestants. Eight delegates were signers of the Declaration of Independence, while six had signed the Articles of Confederation.

At age 81, Pennsylvania’s Benjamin Franklin (1706-90) was the oldest delegate, while the majority of the delegates were in their 30s and 40s. Political leaders not in attendance at the convention included Thomas Jefferson (1743-1826) and John Adams (1735-1826), who were serving as U.S. ambassadors in Europe. John Jay (1745-1829), Samuel Adams (1722-1803) and John Hancock (1737-93) were also absent from the convention. Virginia’s Patrick Henry (1736-99) was chosen to be a delegate but refused to attend the convention because he didn’t want to give the central government more power, fearing it would endanger the rights of states and individuals.

Reporters and other visitors were barred from the convention sessions, which were held in secret to avoid outside pressures. However, Virginia’s James Madison (1751-1836) kept a detailed account of what transpired behind closed doors. (In 1837, Madison’s widow Dolley sold some of his papers, including his notes from the convention debates, to the federal government for $30,000.)

Debating the Constitution

The delegates had been tasked by Congress with amending the Articles of Confederation; however, they soon began deliberating proposals for an entirely new form of government. After intensive debate, which continued throughout the summer of 1787 and at times threatened to derail the proceedings, they developed a plan that established three branches of national government–executive, legislative and judicial. A system of checks and balances was put into place so that no single branch would have too much authority. The specific powers and responsibilities of each branch were also laid out.

Among the more contentious issues was the question of state representation in the national legislature. Delegates from larger states wanted population to determine how many representatives a state could send to Congress, while small states called for equal representation. The issue was resolved by the Connecticut Compromise, which proposed a bicameral legislature with proportional representation of the states in the lower house ( House of Representatives ) and equal representation in the upper house (Senate).

Another controversial topic was slavery. Although some northern states had already started to outlaw the practice, they went along with the southern states’ insistence that slavery was an issue for individual states to decide and should be kept out of the Constitution. Many northern delegates believed that without agreeing to this, the South wouldn’t join the Union. For the purposes of taxation and determining how many representatives a state could send to Congress, it was decided that enslaved people would be counted as three-fifths of a person. Additionally, it was agreed that Congress wouldn’t be allowed to prohibit the slave trade before 1808, and states were required to return fugitive enslaved people to their owners.

Ratifying the Constitution

By September 1787, the convention’s five-member Committee of Style (Hamilton, Madison, William Samuel Johnson of Connecticut, Gouverneur Morris of New York, Rufus King of Massachusetts ) had drafted the final text of the Constitution, which consisted of some 4,200 words. On September 17, George Washington was the first to sign the document. Of the 55 delegates, a total of 39 signed; some had already left Philadelphia, and three–George Mason (1725-92) and Edmund Randolph (1753-1813) of Virginia , and Elbridge Gerry (1744-1813) of Massachusetts–refused to approve the document. In order for the Constitution to become law, it then had to be ratified by nine of the 13 states.

James Madison and Alexander Hamilton, with assistance from John Jay, wrote a series of essays to persuade people to ratify the Constitution. The 85 essays, known collectively as “The Federalist” (or “The Federalist Papers”), detailed how the new government would work, and were published under the pseudonym Publius (Latin for “public”) in newspapers across the states starting in the fall of 1787. (People who supported the Constitution became known as Federalists, while those opposed it because they thought it gave too much power to the national government were called Anti-Federalists.)

7 Things You May Not Know About the Constitutional Convention

Seven surprising facts about the framers and the Constitutional Convention.

All Amendments to the US Constitution

Since the Constitution was ratified in 1789, hundreds of thousands of bills have been introduced attempting to amend the nation's founding document. But only 27 amendments to the U.S. Constitution have been ratified.

How the US Constitution Has Changed and Expanded Since 1787

Through amendments and legal rulings, the Constitution has transformed in some critical ways.

Beginning on December 7, 1787, five states– Delaware , Pennsylvania, New Jersey , Georgia and Connecticut–ratified the Constitution in quick succession. However, other states, especially Massachusetts, opposed the document, as it failed to reserve un-delegated powers to the states and lacked constitutional protection of basic political rights, such as freedom of speech, religion and the press. 

In February 1788, a compromise was reached under which Massachusetts and other states would agree to ratify the document with the assurance that amendments would be immediately proposed. The Constitution was thus narrowly ratified in Massachusetts, followed by Maryland and South Carolina . On June 21, 1788, New Hampshire became the ninth state to ratify the document, and it was subsequently agreed that government under the U.S. Constitution would begin on March 4, 1789. George Washington was inaugurated as America’s first president on April 30, 1789. In June of that same year, Virginia ratified the Constitution, and New York followed in July. On February 2, 1790, the U.S. Supreme Court held its first session, marking the date when the government was fully operative.

Rhode Island, the last holdout of the original 13 states, finally ratified the Constitution on May 29, 1790.

The Bill of Rights

In 1789, Madison, then a member of the newly established U.S. House of Representatives , introduced 19 amendments to the Constitution. On September 25, 1789, Congress adopted 12 of the amendments and sent them to the states for ratification. Ten of these amendments, known collectively as the Bill of Rights , were ratified and became part of the Constitution on December 10, 1791. The Bill of Rights guarantees individuals certain basic protections as citizens, including freedom of speech, religion and the press; the right to bear and keep arms; the right to peaceably assemble; protection from unreasonable search and seizure; and the right to a speedy and public trial by an impartial jury. For his contributions to the drafting of the Constitution, as well as its ratification, Madison became known as “Father of the Constitution.”

8 Things You Should Know About the Bill of Rights

The first 10 amendments to the U.S. Constitution, known collectively as the Bill of Rights, became law on December 15, 1791.

Before Drafting the Bill of Rights, James Madison Argued the Constitution Was Fine Without It

The founding father worried that trying to spell out all of Americans' rights in the series of amendments could be inherently limiting.

To date, there have been thousands of proposed amendments to the Constitution. However, only 17 amendments have been ratified in addition to the Bill of Rights because the process isn’t easy–after a proposed amendment makes it through Congress, it must be ratified by three-fourths of the states. The most recent amendment to the Constitution, Article XXVII, which deals with congressional pay raises, was proposed in 1789 and ratified in 1992.

The Constitution Today

In the more than 200 years since the Constitution was created, America has stretched across an entire continent and its population and economy have expanded more than the document’s framers likely ever could have envisioned. Through all the changes, the Constitution has endured and adapted.

The framers knew it wasn’t a perfect document. However, as Benjamin Franklin said on the closing day of the convention in 1787: “I agree to this Constitution with all its faults, if they are such, because I think a central government is necessary for us… I doubt too whether any other Convention we can obtain may be able to make a better Constitution.” Today, the original Constitution is on display at the National Archives in Washington, D.C. Constitution Day is observed on September 17, to commemorate the date the document was signed.

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Constitutional Convention

• Civil liberties and the Bill of Rights
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• The Constitution as a living document
• List of amendments to the U.S. Constitution

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Constitution of the United States of America

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Constitution of the United States of America , the fundamental law of the U.S. federal system of government and a landmark document of the Western world. The oldest written national constitution in use, the Constitution defines the principal organs of government and their jurisdictions and the basic rights of citizens. (For a list of amendments to the U.S. Constitution, see below .)

Click here for the text of the Constitution of the United States of America .

The Constitution was written during the summer of 1787 in Philadelphia , Pennsylvania , by 55 delegates to a Constitutional Convention that was called ostensibly to amend the Articles of Confederation (1781–89), the country’s first written constitution. The Constitution was the product of political compromise after long and often rancorous debates over issues such as states’ rights , representation , and slavery . Delegates from small and large states disagreed over whether the number of representatives in the new federal legislature should be the same for each state—as was the case under the Articles of Confederation—or different depending on a state’s population ( see New Jersey Plan and Virginia Plan ). In addition, some delegates from Northern states sought to abolish slavery or, failing that, to make representation dependent on the size of a state’s free population. At the same time, some Southern delegates threatened to abandon the convention if their demands to keep slavery and the slave trade legal and to count slaves for representation purposes were not met. Eventually the framers resolved their disputes by adopting a proposal put forward by the Connecticut delegation. The Great Compromise , as it came to be known, created a bicameral legislature with a Senate , in which all states would be equally represented, and a House of Representatives , in which representation would be apportioned on the basis of a state’s free population plus three-fifths of its enslaved population. (The inclusion of the enslaved population was known separately as the three-fifths compromise .) A further compromise on slavery prohibited Congress from banning the importation of enslaved people until 1808 (Article I, Section 9). After all the disagreements were bridged, the new Constitution was signed by 39 delegates on September 17, 1787, and it was submitted for ratification to the 13 states on September 28.

In 1787–88, in an effort to persuade New York to ratify the Constitution, Alexander Hamilton , John Jay , and James Madison published a series of essays on the Constitution and republican government in New York newspapers. Their work, written under the pseudonym “Publius” and collected and published in book form as The Federalist (1788), became a classic exposition and defense of the Constitution. In June 1788, after the Constitution had been ratified by nine states (as required by Article VII), Congress set March 4, 1789, as the date for the new government to commence proceedings (the first elections under the Constitution were held late in 1788). Because ratification in many states was contingent on the promised addition of a Bill of Rights , Congress proposed 12 amendments in September 1789; 10 were ratified by the states, and their adoption was certified on December 15, 1791. (One of the original 12 proposed amendments, which prohibited midterm changes in compensation for members of Congress, was ratified in 1992 as the Twenty-seventh Amendment . The last one, concerning the ratio of citizens per member of the House of Representatives, has never been adopted.)

The authors of the Constitution were heavily influenced by the country’s experience under the Articles of Confederation, which had attempted to retain as much independence and sovereignty for the states as possible and to assign to the central government only those nationally important functions that the states could not handle individually. But the events of the years 1781 to 1787, including the national government’s inability to act during Shays’s Rebellion (1786–87) in Massachusetts , showed that the Articles were unworkable because they deprived the national government of many essential powers, including direct taxation and the ability to regulate interstate commerce . It was hoped that the new Constitution would remedy this problem.

The framers of the Constitution were especially concerned with limiting the power of government and securing the liberty of citizens. The doctrine of legislative, executive , and judicial separation of powers , the checks and balances of each branch against the others, and the explicit guarantees of individual liberty were all designed to strike a balance between authority and liberty—the central purpose of American constitutional law .

Essay: The Constitution

When the American Founders declared independence from Britain, they explained that they were doing so because its government was violating their inalienable rights, which include “life, liberty, and the pursuit of happiness.” As they organized to fight the British and write the Declaration of Independence, the American colonists formed a confederation of states with some basic agreements called “The Articles of Confederation and Perpetual Union.” The Articles of Confederation enabled them to cooperate in waging the Revolutionary War and to speak with a single voice when negotiating for weapons and trade with countries like France.

Soon after the war ended, however, many Founders began to argue that the Articles of Confederation were not adequate to secure the rights they had fought to defend. Any law or treaty established under the Articles could be ignored by a state government. Citizens of one state could be treated with unfairly negative bias by courts in another state. States were beginning to tax one another’s products, threatening to undermine American prosperity by hampering free trade.

“The peace of the whole,” argued Alexander Hamilton, “ought not to be left at the disposal of a part” (Alexander Hamilton, Federalist No. 80, 1788).

Americans had battled one of the most powerful nations on earth because its king trampled their rights. Now many believed they faced the opposite problem: a government without enough authority to pay its debts, guarantee equal treatment before the law, or fund a small defensive army.

As states sent delegates to a convention organized to revise the Articles of Confederation, many ideas emerged about how a national government should work. Despite their differences, most delegates agreed that government should be constrained from abusing citizens’ rights while also possessing sufficient power to protect those rights. They also understood that whatever they proposed needed approval from legislatures in most of the states, which meant that they also had to take into account local interests and concerns.

Their goal—as they eventually explained in the opening sentences (the Preamble) of the Constitution—was “to form a more perfect union.” Many who think the word “perfect” can only mean “flawless” miss what the Constitution’s framers intended. They weren’t claiming that the Constitution would make for a flawless national government. They were using the definition of “perfect” that meant—especially in their day—“complete” or “lacking in no essential detail.” In other words, they desired a true union of states, with enough authority to bind them and their citizens, yet with a universal set of rights and freedom for people to make most governmental decisions in their states and communities.

The Constitution’s preamble also reveals that its framers believed the system they devised—by dividing government into branches that would check one another’s exercise of power, and listing specific government powers in order to ensure rulers wouldn’t imagine they had more authority than intended—would “establish justice” for its citizens.

Justice meant that citizens would be treated equally and fairly by their government and also have their persons and property protected.

This more perfect union, rooted in ideas of freedom, individual responsibility, and justice, would help to “insure domestic tranquility” between states and their citizens and also provide “for the common defense.” Our national government would have courts to handle disputes between states or between citizens of different states, as well as the power to raise an army if foreign enemies threatened our lands or people.

“Scene at the Signing of the Constitution of the United States,” painting by Howard Chandler Christy

Instead of a mere collection of states as a “firm league of friendship,” the ratification of the Constitution by state conventions would recast the nation as a sovereign entity authorized by “We, the people of the United States.” It would have a government with specific and limited authority. Its leaders would be expected to “promote the general welfare,” meaning they would only pass laws that benefited the nation as a whole and not merely narrow or local interests.

This new, federal government would not make most decisions or take responsibility for making people’s lives better. That would remain the responsibility of individuals and families acting independently or joined together in their communities. That is why the Founders placed such a strong emphasis on virtue. They knew that no government could ever establish peace and prosperity without citizens who were willing to work hard, take care of their families, and stand up for freedom and justice. The job of the federal government would be to protect the freedoms people needed to govern themselves, pursue religion as they saw fit, engage in commerce, and live peaceably alongside one another.

It was designed to “ensure the blessings of liberty to ourselves and our posterity.”

United States Constitution

Although delegates disagreed on many points (for example, how to balance the power between the large and small states), they produced a document that they believed gave their proposed national government the necessary power to protect freedom while shackling it with the necessary restrictions to keep it from becoming a tyranny. John Adams wrote John Jay from his diplomatic assignment in Europe:

“A result of accommodation and compromise cannot be supposed perfectly to coincide with everyone’s idea of perfection…But, as all the great principles necessary to order, liberty, and safety are respected in it, and provision is made for corrections and amendments as they may be found necessary, I confess I hope to hear of its adoption by all the states” (John Adams to John Jay, December 16, 1787).

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The Constitution

In 1787, many Americans were concerned that the Articles of Confederation did not grant enough power to the central government to protect the rights of the people. Under the Articles, the national government was unable to regulate commerce, taxation, currency, treaties, and protect the rights of individuals and states. The states called a delegation to meet in Philadelphia in the summer of 1787 and from that convention the new Constitution was born.

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Constitution Annotated: A Research Guide

Guide to constitution annotated essays.

• Introduction
• How to Use the Constitution Annotated Website
• Resources for Constitution Annotated Research
• Primary and Secondary Sources
• Related Research Guides

As a starting point to your constitutional research, you can begin to explore the Constitution Annotated by subject matter using the menu below or by inputting keywords in the search bar .

The links in the section below take you to the browse section for each constitutional provision's annotated essays. Individual essays can be accessed by clicking the serial numbers left of each essay title.

Introductory Essays

• U.S. Constitution (Articles 1-7)
• Bill of Rights (1-10)
• Early Amendments (11-12)
• Reconstruction Amendments (13-15)
• Early 20th Century Amendments (16-22)
• Post-War Amendments (23-27)

Unratified Amendments

These essays introduce the reader to various components underpinning the Constitution Annotated and how the Constitution is interpreted today.

• Constitution Annotated Methodology This section of essays explains the methodology for the current edition of the Constitution Annotated—that is, the rules and principles that dictate the organization and construction of the document.
• Organization of the Constitution Annotated The section of essays covers how the Constitution Annotated is organized.
• Historical Background of the Constitution This section of essays covers the historical background of the creation of the Constitution in 1787, looking at the Articles of Confederation and the Constitutional Convention.
• Basic Principles Underlying the Constitution This section of essays explores the basic principles underlying and permeating the Constitution, such as federalism, separation of powers, and rights.
• Ways to Interpret the Constitution This section of essays explores the various current frameworks by which the Constitution is interpreted by the Supreme Court, such as textualism, pragmatism, and moral reasoning.

The U.S. Constitution

The foundational legal document of the United States of America.

Legislative Power (Article I)

This section encompasses essays on Article I of the Constitution dealing specifically with the Legislative branch, its powers, and functions. A recommended first stop is the annotated essay on the Historical Origin Limits on Federal Power .

Executive Power (Article II)

This section encompasses essays on Article II of the Constitution dealing specifically with the Executive branch, the Presidency, its powers, and functions. A recommended first stop is the annotated essay on the Overview of Article II, Executive Branch .

Judicial Power (Article III)

This section encompasses essays on Article III of the Constitution dealing specifically with the Judicial branch, its powers, and functions. A recommended first stop is the annotated essay on Marbury v. Madison and Judicial Review .

Interstate Relations (Article IV)

This section encompasses essays on Article IV of the Constitution dealing specifically with the relationships between states. A recommended first stop is the annotated essay on the Purpose of Privileges and Immunities Clause.

Amending the Constitution (Article V)

This section encompasses essays on Article V of the Constitution dealing specifically with the creation of constitutional amendments. A recommended first stop is the annotated essay on Congressional Proposals of Amendments .

Supreme Law (Article VI)

This section encompasses essays on Article VI of the Constitution dealing specifically with the establishment of the Constitution as the Supreme Law of the Land. A recommended first stop is the annotated essay on the Overview of the Supremacy Clause.

Ratification (Article VII)

This section encompasses essays on Article VII of the Constitution dealing specifically with the ratification of the Constitution.

Bill of Rights

The first ten amendments to the Constitution.

First Amendment: Fundamental Freedoms

This section encompasses essays on the First Amendment dealing specifically with fundamental freedoms. A recommended first stop is the annotated essay on State Action Doctrine and Free Speech .

Second Amendment

This section encompasses essays on the Second Amendment dealing specifically with the right to bear arms. A recommended first stop is the annotated essay on Early Second Amendment Jurisprudence.

Third Amendment

This section encompasses essays on the Third Amendment dealing specifically with the quartering of soldiers. A recommended first stop is the annotated essay on Government Intrusion .

Fourth Amendment

This section encompasses essays on the Fourth Amendment dealing specifically with searches and seizures. A recommended first stop is the annotated essay on the Amendment’s Historical Background .

Fifth Amendment

This section encompasses essays on the Fifth Amendment dealing specifically with the rights of persons. A recommended first stop is the annotated essay overviewing Due Process .

Sixth Amendment

This section encompasses essays on the Sixth Amendment dealing specifically with rights in criminal prosecutions. A recommended first stop is the annotated essay on Prejudice and the Right to a Speedy Trial.

Seventh Amendment

This section encompasses essays on the Seventh Amendment dealing specifically with civil trial rights. A recommended first stop is the annotated essay overviewing the Seventh Amendment.

Eighth Amendment

This section encompasses essays on the Eighth Amendment dealing specifically with cruel and unusual punishment. A recommended first stop is the annotated essay on the standard of cruel and unusual punishment.

Ninth Amendment

This section encompasses essays on the Ninth Amendment dealing specifically with unenumerated rights. A recommended first stop is the annotated essay on the Amendment’s modern doctrine.

Tenth Amendment

This section encompasses essays on the Tenth Amendment dealing specifically with rights reserved to states and the people. A recommended first stop is the annotated essay on State Sovereignty .

Early Amendments

The two earliest amendments ratified after the Bill of Rights.

Eleventh Amendment

This section encompasses essays on the Eleventh Amendment dealing specifically with suits against states. A recommended first stop is the annotated essay on the Amendment’s historical background.

Twelfth Amendment

This section encompasses essays on the Twelfth Amendment dealing specifically with the election of the President.

Reconstruction Amendments

Also referred to as the Civil War Amendments, the 13th-15th Amendments were passed in the immediate aftermath of the Civil War to enshrine constitutional protections for newly-freed Black Americans.

Thirteenth Amendment

This section encompasses essays on the Thirteenth Amendment dealing specifically with the abolition of slavery. A recommended first stop is the annotated essay on Defining Badges and Incidents of Slavery

Fourteenth Amendment

This section encompasses essays on the Fourteenth Amendment dealing specifically with equal protection and other rights. A recommended first stop is the annotated essay overviewing Substantive Due Process .

Fifteenth Amendment

This section encompasses essays on the Fifteenth Amendment dealing specifically with the right to vote. A recommended first stop is the annotated essay on the right to vote generally .

Early Twentieth Century Amendments

The constitutional amendments ratified in the early twentieth century prior to the Second World War.

Sixteenth Amendment

This section encompasses essays on the Sixteenth Amendment dealing specifically with income tax. A recommended first stop is the annotated essay on the historical background of the Amendment.

Seventeenth Amendment

This section encompasses essays on the Seventeenth Amendment dealing specifically with the popular election of senators. A recommended first stop is the annotated essay on the historical background of the Amendment.

Eighteenth Amendment

This section encompasses essays on the Eighteenth Amendment dealing specifically with the prohibition of alcohol.

Nineteenth Amendment

This section encompasses essays on the Nineteenth Amendment dealing specifically with women’s suffrage. A recommended first stop is the annotated essay overviewing the amendment .

Twentieth Amendment

This section encompasses essays on the Twentieth Amendment dealing specifically with the presidential terms and succession.

Twenty-First Amendment

This section encompasses essays on the Twenty-First Amendment dealing specifically with the repeal of prohibition. A recommended first stop is the annotated essay on interstate commerce .

Twenty-Second Amendment

This section encompasses essays on the Twenty-Second Amendment dealing specifically with Presidential term limits.

Post-War Amendments

Constitutional amendments passed in the twentieth century after the conclusion of the Second World War.

Twenty-Third Amendment

This section encompasses essays on the Twenty-Third Amendment dealing specifically with District of Columbia electors.

Twenty-Fourth Amendment

This section encompasses essays on the Twenty-Fourth Amendment dealing specifically with the abolition of poll tax.

Twenty-Fifth Amendment

This section encompasses essays on the Twenty-Fifth Amendment dealing specifically with Presidential vacancy.

Twenty-Sixth Amendment

This section encompasses essays on the Twenty-Sixth Amendment dealing specifically with the reduction of voting age.

Twenty-Seventh Amendment

This section encompasses essays on the Twenty-Sixth Amendment dealing specifically with the congressional compensation. A recommended first stop is the annotated essay overviewing the amendment .

Six amendments have been proposed by Congress, but have not been ratified by the States.

• Proposed Amendments Not Ratified by the States This essay covers amendments proposed by Congress, but as of yet unratified by the States.
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Essay on the Constitution: Top 6 Essays | Government | Law

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Here is a compilation of essays on the ‘Constitution’ for class 11 and 12. Find paragraphs, long and short essays on the ‘Constitution’ especially written for school and college students.

Essay on Constitution

Essay Contents:

• Essay on the Methods of Amending the Constitutions in Different Countries

Essay # 1. Definition of Constitution:

Every state has a constitution of its own, like every game having some rules of its own. Football has one set of rules and the cricket has a different set of rules. These rules for the state are called the constitutions. These rules are there to fix the structure of the supreme government. Every state must have a constitution, since every state functions on the basis of certain rules and principles.

In the broadest sense, a constitution is the fundamental body of rules governing the affairs of an organised group. Thus a parliament, a church, a social club or a trade union may operate under the terms of a formal written document called the constitution.

The provisions made in the constitution are considered to be basic. So the presiding officer of a club must hold that a proposal is out of order if it runs contrary to the provisions of its constitution.

Every national state has a constitution for the purpose of operating its important institutions according to some fundamental body of rules. In that sense, the only alternative to a constitution is a jungle life or a condition of anarchy.

The constitution is the fundamental law that not only determines the powers and responsibilities of the state but reflects the will of the people also. For R. M. MacIver, constitution is “ that law which governs the state and which represents the will beyond that of the state.”

To Theodore Dwight Woolsey, it is a “Collection of principles according to which the powers of the government and the rights of the governed are determined and the relation between the two adjusted”.

Albert Venn Dicey’s definition of the constitution is “All rules which directly or indirectly affect the distribution or the exercise of sovereign power in the state”. Herman Finer’s concept of the constitution is precise – “A system of fundamental political institution”.

The accumulated material and the spiritual circumstances of the time are mirrored through the constitution. The political philosophy of the people and their time are reflected through the constitution. With the change in the philosophy of the people the constitution also changes. The constitution is the key to the forms of the government.

As R. G. Gettel rightly observes:

“The fundamental principles that determine the form of a state are called its constitution”.

According to Herman Finer:

“Constitutions are codes of rules which aspire to regulate the allocation of functions, powers and duties among the various agencies and offices of the government and define the relationships between these and the public”. The constitution may be a single document and it may be also some rules, maxims and conventions. So every constitution contains some written provisions and also some unwritten conventions.

The above account tells us that a constitution should possess the following attributes:

(i) It should lay down the powers of the government and the different organs of the government like the legislature, the executive and the judiciary.

(ii) In a federation the constitution distributes the powers between the federal authority and the units.

(iii) The constitution also deals with the rights and duties of the citizens.

Essay # 2. Utility of the Study of the Constitution:

First, a study of the constitution tells us the important things about the quality and temper of political behaviour in the country and at the same time points out the active sources of political powers.

Secondly, it gives us insight into the essential core of the government of that country and the basic structure behind the constitution statute.

Thirdly, without a knowledge of the constitution statute we cannot know whether there has been any breach of any provision of the constitution. From this we may further go to know: who has broken the rule? Why has the rule been broken? What are the effects of such breach of rules?

Lastly, from a study of the constitution we have an exact knowledge of what happens or who does what, where and when a highly important affair occasions. Thus from a study of the constitution of the USA we know that every fourth year the electors will vote for a President and the Vice-President.

Suppose the President of the French Republic is incapacitated or declared insane or resigns, who will take over from the President for the time being? What will happen after that? Or, suppose the President has dissolved the National Assembly and dislikes the result of the subsequent election, can he dissolve the assembly again and order for a new election? The answer is that he cannot until one year elapses.

Essay # 3. Aristotle Classification of the Constitutions:

It was the Greek philosopher Aristotle who was the first to classify the constitutions. He had two criteria in classifying the constitutions. The first criterion was quality of the constitution. So on this basis Aristotle had two kinds of constitutions, namely good or pure and bad or perverted constitutions, depending on the ability of a particular system to achieve justice.

He defined monarchy as a rule by a virtuous man and considered it as the best form of constitution. According to him, tyranny was the rule by a selfish man which was the worst form of the perverted system. His second best constitution was aristocracy which was a rule by a virtuous few. The third best was polity or moderate democracy.

The extreme democracy which is a rule by the mob was considered the best of the perverted form of government. According to Aristotle, oligarchy, which was a rule by a selfish minority, was the perverted form of aristocracy.

Thus applying his second criterion of quantity he lists his constitution as monarchy (or tyranny), aristocracy (or oligarchy) and polity (or democracy). In a monarchy or tyranny the supreme power is vested in a single man. In an aristocracy or oligarchy the rulers are a few people. In a polity or democracy the supremacy lies with the whole body of the citizens.

Criticism of Aristotle’s Classification of the Constitutions:

Aristotle’s classification is not of the constitutions but one of the forms of government Modern constitutions is classified into written and unwritten, rigid and flexible and enacted and evolves constitutions. Aristotle’s difference between aristocracy and oligarchy is misleading.

His difference between good and bad is something of interpretation and so this classification is unscientific. Again, Aristotle’s concept of democracy is just the opposite to what we mean by democracy. So Aristotle’s classification is to be described as old, unscientific, misleading and incorrect.

Essay # 4. Modern View of the Classification of Constitutions:

1. written constitution:.

A written constitution is a written piece of document enacted in the manner of laws.

The conscious and deliberate wishes of the people are reduced into writing after thorough consideration of all aspects of the matter.

It is drawn up by the representatives of the people. The constitution of the USA was the first written constitution to be drafted by a Constituent Assembly.

The constitution of India was enacted by the Constituent Assembly duly elected by the people for the purpose of making the constitution. The written constitution has a date of its commencement. The constitution of India commence on 26 January 1950. A written constitution is precise, definite and systematic.

Merits of Written Constitution:

In the first place, the written constitution is definite and precise. Since all the powers and functions of the different organs of the government are written down there is no scope of one travelling into the territory of other. A single document constitution has such advantages as greater precision, simplicity and consistency.

In the second place, the written constitution guarantees the fundamental rights. In a written constitution there is not only clear power of the various authorities but the basic rights of the people also. The result is that the government cannot behave arbitrarily and cannot take away the fundamental rights of the people.

In the third place, a written constitution is a must in a federal form of government. In a federation the central government and the provincial government both derive their power from the constitution and it is imperative that which power belongs to whom must be clearly laid down in the body of the constitution.

There is no better way of having it than getting all such powers written down in the body of the constitution. So a federation will be unworkable without a written constitution.

Demerits of Written Constitution:

In the first place, a written constitution has the disadvantage of its too much details and rigidity. The constitution of the USA with 7,000 words is a model of brevity, whereas the 1950 constitution of India with 395 Articles and eight Schedules is the wordiest of all national constitutions.

The rigidity hampers growth and adjustment to the changing social and economic conditions. And so there is the inherent danger of a revolution or political upheaval under a written constitution.

In the second place, a written constitution is a lengthy affair. This unusually lengthiness may lead to disputes and litigations. Experience shows that some written constitutions are too much detailed. They invite disputes and litigation.

In other words, they inject too much rigidity in cases where flexibility is preferable. Again, since a very long constitution says too many things on too many subjects, it must be amended time and again. This will make the constitution still longer.

In the third place, the procedure in a written constitution is difficult and time-consuming. Written constitutions are not only likely to give rise to greater problems of interpretations than un-written ones. They are also harder to change. The corresponding merits of unwritten constitutions are that they tend to change gradually, continually and often imperceptibly in response to the changing needs.

But when a constitution lays down the exact procedures for the election of the President, for relation between the executive and legislative branches, or for defining whether a particular governmental function is to be performed by the federal government or a member province, then the only constitutional way to change these procedures is by means of the procedure provided by the constitution itself or by its own amendment. This is not only difficult but time-consuming too.

2. Unwritten Constitution:

In an unwritten constitution there is nothing like an enactment of laws by a Constituent Assembly composed of the representatives of the people. It is mainly a collection of customs, conventions, traditions and some written laws drawn unsystematically at different points of time. It is a growth of historical accidents and chances. It has no date of commencement.

The classic example of the unwritten constitution is the constitution of England. New Zealand and Israel are the other two countries with unwritten constitutions. As to the English constitutions written parts are chiefly the Magna Carta granted by King John in the thirteenth century.

The second written installment of the constitution of England was the Bill of Rights of 1689 granted by King William III after the Glorious Revolution. The Act of Settlement of 1701 and the three Reforms Bills are the other written parts of the British constitution. The gaps are to be filled up by the customs, traditions and national spirit of the people of England.

Merits of Unwritten Constitution:

In the first place, an unwritten constitution has the advantage of adjustability and adaptability. It can change like a branch of tree is pulled out to allow a motor vehicle to pass the tree, a written constitution enables the government to meet any political storm by dint of its flexibility.

In the second place, there is little scope for revolt or political turmoil under an unwritten constitution, because there is a lot of flexibility in the constitution. So it meets an emergency half-way and avoids bloodshed and revolutions.

So a government under an unwritten constitution is more durable than that under a written one. For example, there have been rare occasions for England to face any serious political upheaval.

In the third place, an unwritten constitution is of special advantage for a developing country. In a newly developing state such as Israel, the balance of advantage has been found in an un-written or un codified constitution evolving through the growth of customs and modicum of statutes.

Demerits of Unwritten Constitution:

In the first place, an un-written constitution is indefinite, vague and un-precise. Since nothing is put into writing, there is every likelihood of abuse of powers by the authorities. There is also the danger of conflicts about the power and jurisdiction of various organs of government.

In the second place, there is no guarantee of fundamental rights in an unwritten constitution. In the absence of clear mentions of the fundamental rights the individual liberties are at stake under an unwritten constitution.

In the third place, a federal government cannot function under an unwritten constitution. This is so because in a federation there must be a clear demarcating line with regard to the powers and functions of the federal government and the units, both of which must derive their power from the constitution. Thus flexible constitution may be a plaything in the hands of an irresponsible parliament.

Lastly, it makes the legislature all-powerful, which may introduce drastic changes in the constitution detrimental to the interest of the nation.

Many juristic writers, notably Lord James Bryce, have classified constitutions as being either rigid or flexible depending upon the methods by which they are changed. The constitution of England was described as flexible because it can be amended by the parliament in the ordinary legislative way.

Since the constitution of the USA can be amended only by an extraordinary method, namely by two-thirds majority of both the houses of parliament plus ratification by three-fourths of the states, it is called a rigid constitution.

A flexible constitution can be amended as an ordinary law in the ordinary way. So under a flexible constitution there is no difference between an ordinary law and constitutional law with regard to the procedure of alternations.

3. Rigid Constitution:

A rigid constitution is one which cannot be amended in the same way as an ordinary law is made or changed. When a special procedure is called upon to amend the constitution the constitution, is called rigid. According to R. G. Gettell – “Its laws are thus fixed and emanate from a source different from that of ordinary laws, which must keep within the bounds fixed by the constitution”.

Thus neither the ordinary legislature nor the ordinary procedure is competent to amend the rigid constitution. Under a rigid constitution a difference is made between a constitutional law and an ordinary law.

Their constitutional law stands on a superior footing than an ordinary law. Under a rigid constitution the constitutional law being supreme, any law that runs contrary to the constitutional provisions is null and void. Not only that. Under a rigid constitution the legislature is not supreme or sovereign authority. Sovereignty lies with the constitution.

The typical example of the rigid constitution is the constitution of the USA. There a distinction is made between the constitutional law and the ordinary law. The USA constitution cannot be amended like an ordinary law of USA.

While an ordinary law can be made or changed by a simple majority in the legislature this is not the case with regard to the amendment of constitution, which needs agreement of two-thirds majority of the legislature and ratification by three-fourths of the states.

Merits of Rigid Constitution:

First, a rigid constitution is more stable than a flexible one. It being solid like a rock it cannot be swayed by the temporary emotion or commotion of the people.

Secondly, the rigid constitution is clear and definite. The provisions of the constitution have been carefully worded by the makers of the constitution and so there is no confusion or ambiguity about the provisions of the constitution.

Thirdly, a rigid constitution provides for the fundamental rights and thereby ensures individual liberty. This is of paramount benefit for the minorities.

Fourthly, a rigid constitution is indispensable for a federation. There must be some rigidity with regard to the powers of the federal authority vis-a-vis that of the units to avoid misgivings and to remove doubts.

Lastly, rigidity of the constitution is the symbol of its sovereignty. The people respect a constitution which stands for supremacy. Thus the people take pledge in the name of the constitution as if somebody is taking oath by putting his hand on the Gita or the Bible or the Koran.

Demerits of Rigid Constitution:

The most serious flaw of a rigid constitution is that it cannot swiftly bend to meet some exigency. A time may come when the people cannot wait for amending the constitution in a time-consuming procedure. In the absence of such adaptability there may break out violence and revolution.

It is said that the French Revolution of 1789 broke out because the evils in the constitution of France could not be cured quickly and the people demanding for sweeping changes could not wait for a long and indefinite period of expectancy.

So T. B. Macaulay rightly condemned the rigid constitution in the words- “One important cause of the revolution is that while nations move onward the constitutions stand.”

The second disadvantage of a rigid constitution is that a country cannot progress along the new socio-economic lines under a rigid constitution.

Can a person continue to wear the same garment during the childhood, youth and old age? But under a rigid constitution he cannot outgrow his childhood.

This is best asserted by Jawaharlal Nehru – “While we want this constitution to be as solid and permanent as we can make it, there is no permanence in the constitutions. There should be a certain flexibility. If you make anything rigid and permanent, you stop the nation’s growth, the growth of a living, vital, organic people. In any event, we could not make this constitution so rigid that it cannot be adapted to changing conditions.”

4. Flexible Constitution:

A constitution is said to be flexible when the procedure for its amendment is like that of an-ordinary law. So there is no distinction made between the constitutional law and ordinary law with regard to the procedure of amendment of the same. From this it follows that under a flexible constitution there is no difference between the constitutional law and ordinary law at all.

Under a flexible constitution the legislature is the sovereign and there is nobody to question the unconstitutionality or illegality of any law made by the legislature. The classic example of flexible constitution is that of England. The parliament of England can do anything and everything, except making a man into woman.

Merits of Flexible Constitution:

The major merit of a flexible constitution is that it can easily adapt itself to the new conditions or to meet any eventuality. Since it is flexible, it can bend without breaking. It is very useful for every new and developing country.

Secondly, a flexible constitution can avoid a political crisis like a revolt or revolution. Since the passions of the people can be met by bending the constitutional framework, it can easily avert a serious political crisis. That is why there has been no serious political chaos in England.

Demerits of Flexible Constitution:

The major defect of a flexible constitution is its instability and lack or permanence. It is a dangerous suggestion that the structure of the constitution can be drastically changed by the wave of popular passion. If it so happens it is bound to harm the nation.

Secondly, a flexible constitution does not suit a federation because the division of power and respective jurisdiction between the federal authority and the federating provinces must rest on some permanent and durable foundation. If a power given to a province is taken away in the manner of amending an ordinary law, where will be the guarantee of the federation?

Essay # 5. Written and Unwritten Constitution:

A constitution may be either written or unwritten. The USA has a written constitution, but the constitution of England is unwritten. The USA has a formal single document called the constitution, whereas there is no such document in England.

The written aspect of the British constitution includes the Bill of rights (1689), the Act of Settlement (1701), the Parliament Act of 1911, and the Representation of the People Act which extended the suffrage. These were never codified within the structure of a single orderly document. So we find that the constitution of England is not wholly unwritten.

We have also noticed that some written ness is there in the constitution of England. It is at the same time to be admitted that the USA constitution is not wholly a written document. The American people follow some conventions and traditions which are as good as the written words of the constitution. So we find that the USA constitution provides for an indirect election of the President but the convention has made the election rather direct.

Again, although the constitution of the USA provides for separation of powers, the President of the USA, in effect, is not only the chief executive but the chief legislator also. If it is so, where is the demarcating line between the written and unwritten constitution? The answer is that a written constitution is predominantly written and an unwritten constitution is predominantly unwritten. The distinction between the written and unwritten constitutions is not scientific. The former is precise, definite and systematic. The latter is unsystematic, indefinite and unprecise.

In the third place, a written constitution is a must in a federal form of government. In a federation the central government and the provincial government both derive their power from the constitution and it is imperative that which power belongs to whom must be clearly laid down in the body of the constitution. There is no better way of having it than getting all such powers written down in the body of the constitution. So a federation will be unworkable without a written constitution.

In the first place, a written constitution has the disadvantage of its too much details and rigidity. The constitution of the USA with 7,000 words is a model of brevity, whereas the 1950 constitution of India with 395 Articles and eight Schedules is the wordiest of all national constitutions. The rigidity hampers growth and adjustment to the changing social and economic conditions. And so there is the inherent danger of a revolution or political upheaval under a written constitution.

In the second place, a written constitution is a lengthy affair. This unusually lengthiness may lead to disputes and litigations. Experience shows that some written constitutions are too much detailed. They invite disputes and litigation. In other words, they inject too much rigidity in cases where flexibility is preferable. Again, since a very long constitution says too many things on too many subjects, it must be amended time and again. This will make the constitution still longer.

In the second place, there is little scope for revolt or political turmoil under an unwritten constitution, because there is a lot of flexibility in the constitution. So it meets an emergency half-way and avoids bloodshed and revolutions. So a government under an unwritten constitution is more durable than that under a written one. For example, there have been rare occasions for England to face any serious political upheaval.

In the first place, an unwritten constitution is indefinite, vague and unprecise. Since nothing is put into writing, there is every likelihood of abuse of powers by the authorities. There is also the danger of conflicts about the power and jurisdiction of various organs of government.

Conclusion:

The advantages and disadvantages of the written and unwritten constitution mentioned above are rather theoretical. The success of a government does not depend on the written or un-written elements of it. While the constitution of England is un-written, that of the USA is written. Both are the leading democracies in the world.

It is not known that any country failed to attain its goals for want of a written constitution or an unwritten one. Although England has no written constitution enshrining the fundamental rights, the people of England enjoy more fundamental rights and individual liberties than in any country of the world.

Actually, different methods suit different political and social systems. During the Second World War the parliamentary election in England was not held because of the war conditions. But in the same year the presidential election was held in the USA because it was a must under the written provisions of the constitution. There was no demand in the USA to scrap the written constitution on the ground that it is unworkable during emergency.

Essay # 6. Methods of Amending the Constitutions in Different Countries:

The constitution, like all laws, is to serve the needs of the contemporary society. For making such changes in the constitution there are different modes laid down in different constitutions.

These different procedures are significant. It may need something more than the parliamentary majority. There are additional requirements such as a joint session of both the houses of the law-making body. It sometimes needs more than one debate and the lapse of certain amount of time between the proposal and the debate.

The constitutions of England and Canada may be amended by the national legislature acing through a simple parliamentary majority. In some countries the constitution cannot be amended by the national law-making body alone.

Again, many constitutions cannot be amended by the legislature alone but may need action by other bodies as well. Thus the constitution of USA can be amended only by:

(i) A two-thirds majority vote in each house of the Congress or

(ii) A convention called by the two-thirds of the states – with subsequent ratification, in either case, by the legislatures or especially elected conventions of three-fourths of the states.

In India the constitution can be amended by two-thirds majority in each house of the parliament. In cases where it involves a division of power between the union and the states the amendment must be approved by half of the states.

Some popular voting is called for in the constitutional amendment of some countries. For example, an amendment of the constitution of Australia can be done through some sort of popular voting. Thus, after obtaining an absolute majority in the parliament, the amendment must secure a majority vote in a popular referendum.

The Belgian constitution may be amended by a two-thirds vote of both the houses of parliament but only after a dissolution of that body and an intervening election. The constitution of Japan needs a two-thirds vote in the parliament to be followed by a popular referendum.

The parliament of Denmark after adoption of a constitutional amendment is to be dissolved and the new parliament constituted after fresh election must support the amendment. The constitution of Ireland is amenable by a simple majority of both the houses of parliament subject to approval by a popular referendum.

In Switzerland all constitutional amendments must be approved by a majority vote in a national referendum followed by a favourable decision in the majority of the cantons. These amendments may be initiated by a popular petition signed by one lakh voters or by the national legislature.

Related Articles:

• Merits and Demerits of Flexible Constitution
• Following Are the Classifications of the Constitutions
• 7 Essential Qualities of a Good Constitution
• Essay on Federation: Top 3 Essays | States | Political Science

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America's Founding Documents

The Constitution of the United States

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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. --Preamble to the United States Constitution

All four pages of the document are on permanent display at the National Archives.

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The Constitution acted like a colossal merger, uniting a group of states with different interests, laws, and cultures. Under America’s first national  government, the Articles of Confederation, the states acted together only for specific purposes. The Constitution united its citizens as members of a whole, vesting the power of the union in the people. Without it, the American Experiment might have ended as quickly as it had begun.

Read Articles About the Constitution

• The article "A More Perfect Union" is an in-depth look at the Constitutional Convention and the ratification process.
• "Questions and Answers Pertaining to the Constitution" presents dozens of fascinating facts about the Constitution.
• "Errors in the Constitution—Typographical and Congressional" discusses discrepancies in various printed and handwritten versions of the document.

Amendments 1-10

Amendments 1-10 constitute what is known as the Bill of Rights

Amendments 11-27

Discover the other changes and additions that have been made to the Constitution over the past 200+ years.

Back to Main Page What Does it Say?

Critic’s Notebook

The Constitution Is Sacred. Is It Also Dangerous?

One of the biggest threats to America’s politics might be the country’s founding document.

Credit... Photo illustration by Ben Denzer

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By Jennifer Szalai

• Aug. 31, 2024

The United States Constitution is in trouble. After Donald Trump lost the 2020 election, he called for the “ termination of all rules, regulations and articles, even those found in the Constitution.” Outraged critics denounced him for threatening a document that is supposed to be “sacrosanct.” By announcing his desire to throw off constitutional constraints in order to satisfy his personal ambitions, Trump was making his authoritarian inclinations abundantly clear.

It’s no surprise, then, that liberals charge Trump with being a menace to the Constitution . But his presidency and the prospect of his re-election have also generated another, very different, argument: that Trump owes his political ascent to the Constitution, making him a beneficiary of a document that is essentially antidemocratic and, in this day and age, increasingly dysfunctional.

After all, Trump became president in 2016 after losing the popular vote but winning the Electoral College (Article II). He appointed three justices to the Supreme Court (Article III), two of whom were confirmed by senators representing just 44 percent of the population (Article I). Those three justices helped overturn Roe v. Wade, a reversal with which most Americans disagreed . The eminent legal scholar Erwin Chemerinsky, worried about opinion polls showing “a dramatic loss of faith in democracy,” writes in his new book, “No Democracy Lasts Forever”: “It is important for Americans to see that these failures stem from the Constitution itself.”

Back in 2018, Chemerinsky, the dean of Berkeley’s law school, still seemed to place considerable faith in the Constitution, pleading with fellow progressives in his book “We the People” “not to turn their back on the Constitution and the courts.” By contrast, “No Democracy Lasts Forever” is markedly pessimistic. Asserting that the Constitution, which is famously difficult to amend , has put the country “in grave danger,” Chemerinsky lays out what would need to happen for a new constitutional convention — and, in the book’s more somber moments, he entertains the possibility of secession . West Coast states might form a nation called “Pacifica.” Red states might form their own country. He hopes that any divorce, if it comes, will be peaceful.

The prospect of secession sounds extreme, but in suggesting that the Constitution could hasten the end of American democracy, Chemerinsky is far from alone. The argument that what ails the country’s politics isn’t simply the president, or Congress, or the Supreme Court, but the founding document that presides over all three, has been gaining traction, especially among liberals. Books and op-eds critiquing the Constitution have proliferated. Scholars are arguing that the Constitution has incentivized what Steven Levitsky and Daniel Ziblatt call a “Tyranny of the Minority.”

The anguish is, in some sense, a flip side of veneration. Americans have long assumed that the Constitution could save us; a growing chorus now wonders whether we need to be saved from it.

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182 Constitution Essay Topics & Examples for Students

Searching for perfect constitution essay topics can take a while. We did this job for you, so now you can check our compilation of 89 constitutional issues topics in this article

🏆 Best Constitution Essay Topics

👍 good constitution essay topics for students, 💡 most interesting constitutional issues topics, 🎓 good research topics about constitution, ❓ essay questions about the constitution.

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Letters to the Editor: Rewrite the Constitution? Be careful what you wish for

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To the editor: UC Berkeley School of Law Dean Erwin Chemerinsky’s proposal for a new U.S. constitution is a superficial campaign advocacy piece that would throw the baby out with the bathwater.

He measures our current Constitution against some nonexistent ideal of perfect democracy, compared to which our present system is self-evidently “absurd.”

He should pay less attention to current polls and more attention to history. The “frightening reality” of the republic in the “abyss” of political apocalypse is far more likely to emerge from throwing the Constitution in the garbage can and starting over.

Tom Weiss, Woodland Hills

To the editor: Memo to the people of Wyoming, Vermont, Alaska, North Dakota and Delaware: You are still allowed to control the internal affairs of your states, but you may no longer interfere in the policies and affairs of the United States. Those are now completely controlled by California, Florida, Texas, New York and Pennsylvania.

Your representatives are still allowed to show up in Congress, but don’t expect anyone to take them seriously. Your power is dissolved. You are still part of the United States, but in name only.

Do not forget how meager your population is. You now have an insignificant say in matters of national interest.

Your equal representation in the U.S. Senate has been abolished. You no longer matter in Congress nor in U.S. elections, where your electoral votes are as tiny as you are.

Why bother to vote? You are now second-class states. So, stay in your place. The founding fathers are long gone. You’ll get over it.

That is apparently Chemerinsky’s revisionist view of the new United States. Thankfully, the threshold required to rewrite the Constitution is extremely high.

William Goldman, Los Angeles

To the editor: I’m surprised that Chemerinsky ignored the short-circuiting of Article I, Section 2 of the Constitution.

The constitutional minimum of one representative for every 30,000 people was a threat to rural American nativists, so instead of growing Congress along with our population, membership in the House was frozen at 435 voting representatives in 1929.

Since a state’s electors are allocated based on its number of senators and representatives, the Electoral College would have remained robust if Congress were allowed to grow, and the popular vote would be better reflected than it is today.

Rather than going through the complications of amending the Constitution as Chemerinsky suggests, a simple congressional change of law to cancel the 1929 Reapportionment Act would suffice. The battle would be to get current members of Congress to dilute their own power.

Pini Herman, Beverly Grove

To the editor: The Electoral College has to go. It’s ridiculous that we go through this every four years when the future of the country could be balancing on the whims of just one state.

Furthermore, it has been shown over and over that when a president doesn’t have a popular mandate, that presidency is not a successful one.

The founders probably had a very good reason for structuring the election as they did, but that was almost 250 years ago. There is no justification today for this lopsided system.

Zena Thorpe, Chatsworth

To the editor: Mr. Chemerinsky, I believe former President Trump agrees with you that the United States needs a new Constitution. Be careful what you wish for.

Larry Furman, Woodland Hills

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The first amendment, the united states constitution.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common 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 Constitutional Convention

Section 1: congress.

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.

Section 2: The House of Representatives

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.

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.

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 chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker and other Officers;and shall have the sole Power of Impeachment.

Section 3: The Senate

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.

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.

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.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall chuse 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.

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.

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.

Section 4: Elections

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 chusing Senators.

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.

Section 5: Powers and Duties of Congress

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.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

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.

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: Rights and Disabilities of Members

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.

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 encreased 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.

Section 7: Legislative Process

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.

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.

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.

Section 8: Powers of Congress

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises , to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

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;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

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;

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, dock-Yards and other needful Buildings;-And

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.

Section 9: Powers Denied Congress

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.

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.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

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.

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.

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 whatever, from any King, Prince, or foreign State.

Section 10: Powers Denied to the States

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing 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.

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 it's 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 Controul of the Congress.

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.

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:

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.

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 chuse 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 chuse the President. But in chusing 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 chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

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.

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.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased 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.

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."

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 Offences against the United States, except in Cases of Impeachment.

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.

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.

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.

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 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 Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

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.

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.

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.

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.

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.

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.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

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.

No Person held to Service or Labour 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 Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

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.

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.

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.

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.

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.

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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

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.

Article VII

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

First Amendment

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.

Second Amendment

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.

Third Amendment

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.

Fourth Amendment

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.

Fifth Amendment

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 offence 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.

Sixth Amendment

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 defence.

Seventh Amendment

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of 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.

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Ninth Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

10th Amendment

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.

11th Amendment

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.

12th Amendment

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 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.

13th Amendment

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.

Congress shall have power to enforce this article by appropriate legislation.

14th Amendment

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.

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.

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.

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 or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

15th Amendment

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.

The Congress shall have power to enforce this article by appropriate legislation.

16th Amendment

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.

17th Amendment

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.

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.

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.

18th Amendment

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.

The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

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.

19th Amendment

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. Congress shall have power to enforce this article by appropriate legislation.

20th Amendment

The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

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.

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.

Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

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.

21st Amendment

The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

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.

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.

22nd Amendment

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.

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 to the States by the Congress.

23rd Amendment

The District constituting the seat of Government of the United States shall appoint in such manner as 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.

24th Amendment

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 poll tax or other tax.

25th Amendment

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

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.

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.

Whenever the Vice President and a 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.

26th Amendment

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.

27th Amendment

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

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