Lesson Four

The Constitution: The Highest Law of Our Nation

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The Constitutional Convention

On July 4, 1776 the United States declared its independence from England. But the new nation needed laws to replace the laws of England.

In May, 1787, 55 delegates from the new nation met at the Constitutional Convention in the State House building in Philadelphia, Pennsylvania. They were there to revise the Articles of Confederation which had been adopted in 1781 but was now inadequate for the growing nation. The Articles did not allow for the role of a central government in enforcing laws, it could not print money or raise an army and there was no central court system to interpret them, which created dissension between states. Disputes broke out between states on issues such as where their border were, and there was no central authority to mediate.

The Constitutional Convention met during the summer months and hammered out a document that would answer this need for government. This document was the Constitution of the United States. Once signed in September, 1787, the document was placed before Congress, who forwarded the document to the state capitals.

This caused a great amount of debate, because while their was a need for a federal government, many of the states feared a return to an autocratic government such as the colonies had experienced under England. And while federalists wanted a strong national government, many antifederalists opposed giving up rights from the states into the hands of a national government. After months of discussion, nine states finally ratified the new Constitution on June 21, 1788. But four states (Virginia, New York, North Carolina, Rhode Island) rejected the new Constitution because it didn't contain a bill of rights. Several states, including Virginia, already had a Bill of Rights in their state constitution, and insisted that there be one in the national constitution as well.

The anti-federalists were still concerned about a federal government which could take away individual rights, and insisted that amendments protecting the rights of citizens be added before signing (the fifth article of the Constitution provided the ability to amend this document that would guide our government). And the first amendments soon followed, with 12 proposed amendments in 1789. The first two were not ratified, but articles three through twelve were approved and became the first ten amendments, which today we call the Bill of Rights.

The Constitution: Template for Our Government's Architecture

Article I of the Constitution defines the function of the legislative branch (Congress), article II discusses the role of the executive branch (the President), while article III defines the role of the judicial branch, represented by the Supreme Court and our federal court system. Each branch operates separately, but the Constitution also created practical checks and balances between the different branches, ensuring that no one branch would become too powerful.

For instance, Congress can veto a bill the president presents for legislation, and even has the power to impeach him if necessary; and can check the federal courts by changing the number of lower courts and their jurisdiction (and can also impeach a federal judge if necessary). The President can check Congress by vetoing its bills, and has a role in balancing the federal courts by nominating the judges. The Supreme Court can check Congress by declaring a law it passes unconstitutional, and can check the executive branch by declaring a presidential or cabinet action as being unconstitutional. The Constitution also has certain individual rights that were defined in its articles, including the right of habeas corpus and the right of a trial by jury in criminal cases. Also there can be no religious qualifications for a person who wants to try out for a federal office. And the Constitution provided a way to propose amendments to itself:

• 2/3 of Congress (both houses) must vote to propose an amendment, or
• 2/3 of the states must ask Congress to call a national convention to propose an amendment.

Once an amendment is proposed, it must be ratified by 3/4 of the state legislatures. Congress can limit the time period needed before an amendment must be ratified. The Constitution is the highest law of our nation, and while states can make their own law, their laws cannot supercede it. It also ensures that states must recognize the laws made by other states, and its provisions and rights give practical application to its premise that all people are equal before the law.

The Bill of Rights: The First, Second and Third Amendments

In 1791, ten amendments known as the Bill of Rights were added to the Constitution. These Bills protect the individual freedom of individuals.

Here is what the First amendment says: "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."

This amendment means that it guarantees to all citizens the right of freedom of speech, which means that a citizen can speak their mind freely without fear of imprisonment. The first amendment also guarantees freedom of the press (the written word) which means that newspapers and other written venues can publish opinions without government censorship (the only exception would be treasonous literature). It also guarantees freedom of worship. Our nation was the first country to make freedom of religion a right. And the first amendment also allows people the right to gather together peacefully to petition the government for change (the freedom marches of the 1960s were an example of this right in action).

The Second amendment states: "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".

This means that the second amendment guarantees the rights of citizens to bear firearms, or the right to own guns.

The Third amendment states: "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."

The third amendment is a carryover from colonial times when citizens were forced to provide room and board for soldiers, and guarantees that no citizen can be forced to do this.

The Fourth through Tenth Amendments

The Fourth Amendment states: "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."

The fourth amendment protects private citizens from having their home or property unlawfully searched or seized.

The Fifth Amendment states: "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."

The fifth amendment guarantees that a person cannot be tried for major crimes unless they are first indicted by a grand jury, and states that a person cannot be forced to testify against himself, or be subjected to repeated trials for the same crime.

The Sixth Amendment states:" 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."

The sixth amendment guarantees the right to a fair and speedy trial by jury, the right to legal counsel, and the right to compel witnesses to testify during the trial.

The Seventh Amendment states: "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 reexamined in any Court of the United States, than according to the rules of the common law."

The seventh amendment states the right to trial by jury for any issue that involves $20 or more (which was a fairly large sum in the days when this amendment was created).

The Eighth Amendment states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

The eighth amendment limits the amount of bail that can be set, and also limits fines for crimes. It also forbids cruel or unusual punishment for crimes, even those against the government.

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

The ninth amendment guarantees that people have other rights than those specifically listed in the Constitution and the Bill of Rights.

The Tenth Amendment states: "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."

The tenth amendment gives states the powers that are not listed as powers of the federal government in the Constitution.

Later Amendments to the Constitution

After the Bill of Rights was passed, later amendments offered even more protection to individual and met needs that came up as our nation grew.

The 11th amendment discusses the courts and their jurisdiction.

The 12th amendment, passed in 1893, discusses how voting for the president and vice president by electors is to be done. It ensures that on the ballot, one person is designated "president" and the other "vice president" in distinct ballots. This amendment also discusses the succession of the vice president if the president becomes incapacitated or dies in office.

The 13th amendment abolishes slavery.

The 14th amendment, passed in 1868, defines who citizens of the United States are and promises liberty to them and protection by the laws of the Constitution. It also discusses population as the basis of electing representatives, and gives the vote to all male citizens over 21. It presents a person engaged in rebellion or treason from holding high public office.

The 15th amendment passed in 1869, and gives full rights of citizenship to people of any race or color (including the vote).

The 16th amendment passed in 1913 and allowed the federal government to collect a federal income tax.

The 17th amendment passed in 1913 ensures that Senators are elected by popular vote (instead of being appointed by state legislatures as they had been previously).

The 18th amendment passed in 1917 and started prohibition of the sale of alcohol.

The 19th amendment passed in 1920 and gave the vote to women.

The 20th amendment passed in 1932 and started the term of a new president on January 20 of the year following his election (before, the term started in March). It also provides for a joint meeting of Congress on the 3rd of January each year.

The 21st amendment passed in 1933, and repealed the prohibition of the sale of alcohol.

The 22nd amendment passed in 1947, and limits the term of the President to only two terms, including a term in which he took over for another person who died or stepped down if it was for two years or more.

The 23rd amendment passed in 1961 and delineates the electors and their number for the District of Columbia.

The 24th amendment passed in 1964 and states that the right to vote is not limited to those who pay poll taxes.

The 25th amendment passed in 1967 and discusses in detail how the vice president takes over for the president if for some reason he dies in office or becomes incapacitated. It also allows the president to resume office if he has a statement that he is once again able to fulfill his duties and is no longer incapacitated or ill.

The 26th amendment passed in 1971, and gave the vote to those who are 18 years old or older.

The 27th amendment passed in 1992 and states that laws concerning pay for members of Congress don't take effect until after their election.