|
These are the first ten amendments to the United States of America Constitution. These amendments were ratified December 15, 1791, and form what is known as the "Bill of Rights."
Amendment I
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.
Amendment II
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.
Amendment III
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.
Amendment IV
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.
Amendment V
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.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his
defense.
Amendment VII
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.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
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.
Pictures of the original U.S. Constitution click
on the picture for larger image, opens in new window.
Full Text of the Constitution
National Contitution Center
Library of Congress The Constitution
Articles of the Constitution
United States of America
The Constitution consists of a preamble, seven original articles,
twenty-seven amendments, and a paragraph certifying its enactment by
the constitutional convention.
Preamble: Statement of purpose
Main article: Preamble to the United States Constitution
The Preamble states:
“ We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquility,
provide for the common 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 Preamble neither grants any powers nor inhibits any actions; it
only explains the rationale behind the Constitution and notes by
what authority it is enacted. The preamble is a basic statement of
purpose that precedes the constitution. The Preamble, especially the
first three words ("We the people"), is one of the most-quoted
sections of the Constitution.
Article One: Legislative power
Main article: Article One of the United States Constitution
Article One establishes the legislative branch of government, the
United States 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. There is a debate as to whether the
powers listed in Article 1 Section 8 are a list of enumerated
powers. These powers may also be interpreted as a list of powers,
formerly either executive or judicial in nature, that have been
explicitly granted to the U.S. Congress. This interpretation may be
further supported by a broad definition of both the commerce clause
and the necessary-and-proper clause of the Constitution. The
argument for enumerated powers can be traced back to the 1819
McCulloch v. Maryland United States Supreme Court ruling. Finally,
it establishes limits on federal and state legislative power.
Article Two: Executive power
Main article: Article Two of the United States Constitution
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. In practice, this has always been treated as
succession, and the 25th Amendment provides explicitly for
succession. Article Two also provides for the impeachment and
removal from office of civil officers (the President, Vice
President, judges, and others).
Article Three: Judicial power
Main article: Article Three of the United States Constitution
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 Three also requires trial by jury in all
criminal cases, defines the crime of treason, and charges Congress
with providing for a punishment for it. It also sets the kinds of
cases that may be heard by the federal judiciary, which cases the
Supreme Court may hear first (called original jurisdiction), and
that all other cases heard by the Supreme Court are by appeal.
Article Four: States' powers and limits
Main article: Article Four of the United States Constitution
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. Today, this provision is sometimes taken for
granted, especially by citizens who live near state borders; but in
the days of the Articles of Confederation, crossing state lines was
often a much more arduous (and costly) process. Article Four also
provides for the creation and admission of new states. The
Territorial Clause gives Congress the power to make rules for
disposing of Federal property and governing non-state territories of
the United States. Finally, the fourth section of Article Four
requires the United States to guarantee to each state a republican
form of government, and to protect the states from invasion and
violence.
Article Five: Process of Amendments
Main article: Article Five of the United States Constitution
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 2007, only the first method (proposal by Congress) has been used.
Once proposed—whether submitted by Congress or by a national
convention—amendments must then be ratified by three-fourths (3/4)
of the states to take effect. Article Five gives Congress the option
of requiring ratification by state legislatures or by special
conventions assembled in the states. The convention method of
ratification has been used only once (to approve the 21st
Amendment). Article Five currently places only one limitation on the
amending power—that no amendment can deprive a state of its equal
representation in the Senate without that state's consent.
Article Six: Federal power
Main article: Article Six of the United States Constitution
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. This means that the states' constitutions and laws
should not conflict with the laws of the federal constitution—and
that in case of a conflict, state judges are legally bound to honor
the federal laws and constitution over those of any state.
Article Six also states that "no religious Test shall ever be
required as a Qualification to any Office or public Trust under the
United States".
Article Seven: Ratification
Main article: Article Seven of the United States Constitution
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. (See above Drafting and
ratification requirements.)
Provisions for amendment
The authors of the Constitution were clearly aware that changes
would be necessary from time to time if the Constitution was to
endure and cope with the effects of the anticipated growth of the
nation. However, they were also conscious that such change should
not be easy, lest it permit ill-conceived and hastily passed
amendments. Balancing this, they also wanted to ensure that an
overly rigid requirement of unanimity would not block action desired
by the vast majority of the population. Their solution was to devise
a dual process by which the Constitution could be altered.
Unlike most constitutions, amendments to the U.S. constitution are
appended to the existing body of the text, rather than being
revisions of or insertions into the main articles. There is no
provision for expunging from the text obsolete or rescinded
provisions.
Some argue that demographic changes in the U.S.—specifically the
great disparity in population between states—have made the
Constitution too difficult to amend, with states representing as
little as 4% of the population theoretically able to block an
amendment desired by over 90% of Americans; others feel that it is
unlikely that such an extreme result would occur. However, any
proposals to change this would necessarily involve amending the
Constitution itself.
Aside from the direct process of amending the Constitution, the
practical effect of its provisions may be altered by judicial
decision and review. The United States is a common law country,
rooted in English common law, with courts following the precedents
established in prior cases. However, when a Supreme Court decision
clarifies the application of a part of the Constitution to existing
law, the effect is to establish the meaning of that part for all
practical purposes. Not long after adoption of the Constitution, in
the 1803 case of Marbury v. Madison the Supreme Court established
the doctrine of judicial review, which is the power of the Court to
examine legislation and other acts of Congress and to decide their
constitutionality. The doctrine also embraces the power of the Court
to explain the meaning of various sections of the Constitution as
they apply to particular cases brought before the Court. Since such
cases will reflect changing legal, political, economic, and social
conditions, this provides a mechanism, in practice, for adjusting
the Constitution without needing to amend its text. Over the years,
a series of Court decisions, on issues ranging from governmental
regulation of radio and television to the rights of the accused in
criminal cases, has affected a change in the way many Constitutional
clauses are interpreted, without amendment to the actual text of the
Constitution.
Congressional legislation, passed to implement provisions of the
Constitution or to adapt those implementations to changing
conditions, also broadens and, in subtle ways, changes the meanings
given to the words of the Constitution. Up to a point, the rules and
regulations of the many agencies of the federal government have a
similar effect. In case of objection, the test in both cases is
whether, in the opinion of the courts, such legislation and rules
conform with the meanings given to the words of the Constitution.
|