The origins of the US Constitution - Essay Example

Written Constitution The origins of the US Constitution The United s Constitution is the supreme law of the United s of America. It was adopted in its original form on September 17, 1787 by the Constitutional Convention in Philadelphia, Pennsylvania and later ratified by state-selected delegates representing the people of the several states. When delegates in nine of the then thirteen states ratified the document, it marked the creation of a union of sovereign states, and a federal government to administer that union. It took effect on March 4, 1789, replacing the weaker, non-centralized union that existed under the Articles of Confederation. The Constitution of the United States is one of the oldest constitutions still in use (the oldest being that of the Republic of San Marino, which dates backs to 1600), and the oldest federal constitution currently in use. In September 1786, commissioners from five states met in the Annapolis Convention to discuss adjustments to the Articles of Confederation that would improve commerce. They invited state representatives to convene in Philadelphia to discuss improvements to the federal government. After debate, the Confederation Congress endorsed the plan to revise the Articles of Confederation on February 21, 1787. Twelve states, Rhode Island being the only exception, accepted this invitation and sent delegates to convene in May 1787. The resolution calling the Convention specified its purpose was to propose amendments to the Articles, but the Convention decided to propose a rewritten Constitution. The Philadelphia Convention voted to keep deliberations secret and decided to draft a new fundamental government design which eventually stipulated that only 9 of the 13 states would have to ratify for the new government to go into effect (for the participating states). Congress, noting dissatisfaction with the Articles of Confederation government, unanimously agreed to submit the proposal to the states despite what some perceived as the exceeded terms of reference. On September 17, 1787, the Constitution was completed in Philadelphia, followed by a speech given by Benjamin Franklin. In it he talked about how he wasn't completely satisfied with it but that perfection would never fully be achieved. He accepted the document as it was and he wanted all those against the ratification of it to do the same. After fierce fights over ratification in many of the states, New Hampshire became that ninth state on June 21, 1788. Once the Congress of the Confederation received word of New Hampshire's ratification, it set a timetable for the start of operations under the Constitution, and, on March 4, 1789, the government under the Constitution began operations. Changes since 1787 The Bill of Rights comprises the first ten amendments to the Constitution. Those amendments were adopted between 1789 and 1791, and all relate to limiting the power of the federal government. First Amendment: addresses the rights of freedom of speech, freedom of the press, the freedom of assembly, freedom of petition, and also freedom of religion, both in terms of prohibiting the Congressional establishment of religion and protecting the right to free exercise of religion. Second Amendment: declares the necessity for "a well regulated militia," and prohibits infringement of "the right of the people to keep and bear arms." Third Amendment: prohibits the government from using private homes as quarters for soldiers without the consent of the owners. The only existing case law regarding this amendment is a lower court decision in the case of Engblom v. Carey. Fourth Amendment: guards against searches, arrests, and seizures of property without a specific warrant or a "probable cause" to believe a crime has been committed. Some rights to privacy have been inferred from this amendment and others by the Supreme Court. Fifth Amendment: forbids trial for a major crime except after indictment by a grand jury; prohibits repeated trials for the same offense after an acquittal (except in certain very limited circumstances); forbids punishment without due process of law; and provides that an accused person may not be compelled to testify against himself (this is also known as "Taking the fifth" or "Pleading the fifth"). This is regarded as the "rights of the accused" amendment. It also prohibits government from taking private property without "just compensation," the basis of eminent domain in the United States. Sixth Amendment: guarantees a speedy public trial for criminal offenses. It requires trial by a jury (of peers), guarantees the right to legal counsel for the accused, and guarantees that the accused may require witnesses to attend the trial and testify in the presence of the accused. It also guarantees the accused a right to know the charges against him. The Sixth Amendment has several court cases associated with it, including Powell v. Alabama, United States v. Wong Kim Ark, Gideon v. Wainwright, and Crawford v. Washington. In 1966, the Supreme Court ruled that the fifth amendment prohibition on forced self incrimination and the sixth amendment clause on right to counsel were to be made known to all persons placed under arrest, and as a result these clauses have become known as the Miranda rights. Seventh Amendment: assures trial by jury in civil cases involving anything valued at more than 20 United States dollars at the time, which is currently worth $300, when accounting for inflation. Eighth Amendment: forbids excessive bail or fines, and cruel and unusual punishment. Ninth Amendment: declares that the listing of individual rights in the Constitution and Bill of Rights is not meant to be comprehensive; and that the people have other rights not specifically mentioned, but rather retained elsewhere by the people. Tenth Amendment: provides that powers that the Constitution does not delegate to the United States and does not prohibit the states from exercising, are "reserved to the States respectively, or to the people." Amendments to the Constitution subsequent to the Bill of Rights cover many subjects. The majority of the seventeen later amendments stem from continued efforts to expand individual civil or political liberties, while a few are concerned with modifying the basic governmental structure drafted in Philadelphia in 1787. Although the United States Constitution has been amended a total of 17 times, only 16 of the amendments are currently used because the 21st amendment supersedes the 18th. Eleventh Amendment (1795): Clarifies judicial power over foreign nationals, and limits ability of citizens to sue states in federal courts and under federal law. Twelfth Amendment (1804): Changes the method of presidential elections so that members of the electoral college cast separate ballots for president and vice president. Thirteenth Amendment (1865): Abolishes slavery and grants Congress power to enforce abolition. Fourteenth Amendment (1868): Defines United States citizenship; prohibits states from abridging citizens' privileges or immunities and rights to due process and the equal protection of the law; repeals the Three-fifths Compromise; prohibits repudiation of the federal debt. Fifteenth Amendment (1870): Prohibits the federal government and the states from using a citizen's race, color, or previous status as a slave as a qualification for voting. Sixteenth Amendment (1913): Authorizes unapportioned federal taxes on income. Seventeenth Amendment (1913): Establishes direct election of senators. Eighteenth Amendment (1919): Prohibited the manufacturing, importing, and exporting of alcoholic beverages. (see prohibition) Repealed by the Twenty-First Amendment. Nineteenth Amendment (1920): Prohibits the federal government and the states from using a citizen's gender as a qualification for voting. Twentieth Amendment (1933): Changes details of Congressional and presidential terms and of presidential succession. Twenty-first Amendment (1933): Repeals Eighteenth Amendment. Permits states to prohibit the importation of alcoholic beverages. Twenty-second Amendment (1951): Limits president to two terms. Twenty-third Amendment (1961): Grants presidential electors to the District of Columbia. Twenty-fourth Amendment (1964): Prohibits the federal government and the states from requiring the payment of a tax as a qualification for voting for federal officials. Twenty-fifth Amendment (1967): Changes details of presidential succession, provides for temporary removal of president, and provides for replacement of the vice president. Twenty-sixth Amendment (1971): Prohibits the federal government and the states from forbidding any citizen of age 18 or greater to vote simply because of their age. Twenty-seventh Amendment (1992): Limits congressional pay raises. The main dignified and efficient parts of the US Constitution The Constitution comprises seven original articles and twenty-seven amendments. Article One: Legislative power Article One establishes the legislative branch of government, U.S. Congress, which includes the House of Representatives and the Senate. The Article establishes the manner of election and qualifications of members of each House. In addition, it provides for free debate in congress and limits self-serving behavior of congressmen, outlines legislative procedure and indicates the powers of the legislative branch. Article Two: Executive power Article Two describes the presidency (the executive branch): procedures for the selection of the president, qualifications for office, the oath to be affirmed and the powers and duties of the office. It also provides for the office of Vice President of the United States, and specifies that the Vice President succeeds to the presidency if the President is incapacitated, dies, or resigns, although whether this succession was on an acting or permanent basis was left unclear. Article Three: Judicial power Article Three describes the court system (the judicial branch), including the Supreme Court. The article requires that there be one court called the Supreme Court; Congress, at its discretion, can create lower courts, whose judgments and orders are reviewable by the Supreme Court. Article Four: States' powers and limits Article Four describes the relationship between the states and the Federal government, and amongst the states. For instance, it requires states to give "full faith and credit" to the public acts, records and court proceedings of the other states. Congress is permitted to regulate the manner in which proof of such acts, records or proceedings may be admitted. The "privileges and immunities" clause prohibits state governments from discriminating against citizens of other states in favor of resident citizens (e.g., having tougher penalties for residents of Ohio convicted of crimes within Michigan). It also establishes extradition between the states, as well as laying down a legal basis for freedom of movement and travel amongst the states. Article Five: Process of amendment Article Five describes the process necessary to amend the Constitution. It establishes two methods of proposing amendments: by Congress or by a national convention requested by the states. Under the first method, Congress can propose an amendment by a two-thirds vote (of a quorum, not necessarily of the entire body) of the Senate and of the House of Representatives. Under the second method, two-thirds (2/3) of the state legislatures may convene and "apply" to Congress to hold a national convention, whereupon Congress must call such a convention for the purpose of considering amendments. As of mid-2006, only the first method (proposal by Congress) has been used. Article Six: Federal power Article Six establishes the Constitution, and the laws and treaties of the United States made in accordance with it, to be the supreme law of the land, and that "the judges in every state shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding." It also validates national debt created under the Articles of Confederation and requires that all legislators, federal officers, and judges take oaths or affirmations to "support" the Constitution. Article Seven: Ratification Article Seven sets forth the requirements for ratification of the Constitution. The Constitution would not take effect until at least nine states had ratified the Constitution in state conventions specially convened for that purpose. Conclusion In essence, a constitution is the governing paradigm for a state. Whether in written form or not, it presents a domain of regulations which guides the dwellers of the state towards the do's and don'ts of the place. Every country has its own preference owing to the flexibility of the law formulation body, based upon which it actually establishes which type of constitution format it wants. The changes are done based on the system of ruling of every country. Rules and amendments keep happening, with the changing times. The Parliament and/or Congress stand responsible as the supreme law making body of a state. It guides the government to follow a set of rules through which the country would be governed. Though there are distinct differences even between the constitution formats of the most developed countries of the world, especially US and UK, yet what needs to be inferred from this difference is the dynamic status of a constitution. It is not there to bind anybody, but actually for guidance. After all, regulations are for a man, man is not for regulations! Read More