Ratification in most states depended upon the adoption of the Bill of
Rights -- as the first proposed amendments to the Constitution. Of the
12 amendments proposed in September 1789, 10 were ratified by the states,
and their formal adoption occurred on December 15, 1791.
The Articles of Confederation as Precursor to the Constitution
The Articles of Confederation, written in 1781, had been explicit in
guarding the independence of the states and did not provide for a federal
chief executive or judicial system. Any amendment to the Articles of
Confederation had required unanimous approval of all the states. The early
framers of the Articles had been heavily influenced by the constitutions of
individual states and the principles underlying the Declaration of Independence,
and were particularly concerned with limiting the powers of the federal
government over the states and guaranteeing the freedom of each individual
citizen.
To allay the fear that a monolithic centralized government in which
all power was vested would readily lead to tyranny, the principle of
separation of power among the executive, legislative and judicial branches was
devised. This system of checks and balances would maintain the delicate
balance between the authority of the federal government and the rights and
liberties of the individual citizen.
Interpretation of the Constitution
The Constitution represents only a set of general principles out of
which implementing statutes and codes have emerged. The success of the document
in remaining the foundation of American government is based on the fact that
successive Congresses and Courts have been able to interpret it or readapt it to
the demands of changing times.
Often, contributions to Constitutional interpretation are set by precedent,
custom and usage. Early on, Congress began enhancing the definition of
Constitution powers through statute, such as providing for the creation of the
federal budget system, executive departments, federal courts, new states and
territories, and controlling presidential succession. Article I, section 8,
states that Congress shall have the authority "To make all Laws which shall be
necessary and proper for carrying into Execution" the various powers allotted to
the federal government by the Constitution.
The executive branch added to Constitutional interpretation by developing the
executive agreement as a foreign policy instrument. Other practices based on
custom and usage have become practically unassailable and have been recognized
as valid extensions of Constitution interpretation: political parties,
procedures for nominating presidential candidates, the electoral college system,
the appointment of a presidential cabinet.
Articles I - VII: The Organization of the Federal Government
The organization of the Federal government is laid out in the first
seven articles of the Constitution:
Article I vests all law-making powers in
the House of Representatives and the Senate, giving those legislative bodies
the right to raise taxes, borrow money, regulate interstate commerce, conscript
military forces, and declare war. Each legislative body was given power to
determine its own rules of procedure. As an additional check on the executive
branch, the House was authorized to instigate impeachment proceedings against
the chief executive officer, the President, and the Senate to adjudicate them.
Article II vests executive power in the
hands of the President, including responsibilities as the chief executive
officer, commander-in-chief of the military forces, and with treaty-making power
(with the approval of two-thirds of the Senate). The President is also given
power of appointment for positions within the Federal government, upon approval
of the majority of the Senate.
Article III puts judicial power in the
hands of the courts. The Supreme Court of the United States is mandated as
the final court of appeal from the lower state and federal courts. The courts
interpret the Constitution -- that is, they have the power of judicial review.
Although this power was not explicitly mentioned in the Constitution, the
principle was definitively established by Chief Justice John Marshall in the
1803 Supreme Court case Marbury v. Madison.
Article IV of the Constitution treats
relations among the states and the rights of citizens of the states.
Article V deals with the procedures to
amend the Constitution. Amendments to the Constitution may be proposed
by a 2/3 vote of both houses of Congress, or by a Constitutional convention
called by Congress upon the appeal of 2/3 of state legislatures. Any proposed
amendments must be ratified by 3/4 of state legislatures or by Constitutional
conventions called by the states. To date, all amendments to the Constitution
have been initiated by Congress, rather than the state legislatures.
Article VI deals with public debt and final
and ultimate authority of the Constitution. Article VII sets forth terms of
ratification of amendments.
Enumerated Powers and the "Elastic" Clause
Article V states that the national (federal) government has only those
powers that are delegated to it explicitly -- enumerated -- in the Constitution.
All other government powers fall by default to the states -- residual powers --
with the limitation that nothing prescribed by state law can nullify any of the
powers granted in the Constitution. Despite the fact that residual powers
remained with the states, the "elastic clause" of the Constitution (Article I,
section 8) states that Congress shall have the authority to "make all Laws which
shall be necessary and proper for carrying into Execution" the powers given to
the federal government by the Constitution.
Amendments to the Constitution
Twenty-seven amendments have been added
to the Constitution since 1789. The first ten amendments, known as the
Bill of Rights, were adopted as a unit in 1791.
Although the federal government is required by the provisions of the
Constitution to respect the individual citizen's basic rights, such as right
of trial by jury (Article I, Sec. 9), the most significant guarantees for
individual civil rights were provided by ratification of the Bill of Rights
(Amendments 1-10). The First Amendment
guarantees freedom of religion, speech, and the press, the rights of peaceful
assembly and petition. Other amendments guarantee private property, fair
treatment of those accused of crimes, such as unreasonable search and seizure,
freedom from self-incrimination, a speedy and impartial jury trial, and
representation by counsel.
The following
text is taken directly from the
