The living constitution

PURPOSES OF THE CONSTITUTIONThe official charge to the delegates who met in Philadelphia in1787 was to amend the Articles of Confederation. They soon madea fateful decision, however, to ignore the Articles and to write anentirely new constitution. These delegates—the “framers”—setthemselves five purposes to fulfill in their effort to create an effectiveconstitution.

1. ESTABLISH LEGITIMACYFirst, the framers of the Constitution had to establish the new government’s legitimacy—its right to rule. The patriots’ theory ofgovernment was set out in the Declaration of Independence, whichexplained why British rule over the colonies was illegitimate. Nowthe framers had to demonstrate that their new government met thestandards of legitimacy referred to in the Declaration.

For the framers of the Constitution, legitimacy had to be basedon a compact or contract among those who are to be ruled. This iswhy the Constitution starts with the words “We the people of theUnited States . . . do ordain and establish this Constitution.”

2. CREATE APPROPRIATE STRUCTURESThe framers’ second purpose was to create appropriate structures forthe new government. The framers were committed to the principlesof representative democracy. They also believed that any new gov-ernment must include an important role for state governments andensure that the states retained some legitimacy to rule within theirborders.

To achieve their goals, the framers created the Congress, thepresidency, and the judiciary to share the powers of the nationalgovernment. They also created a system of division of powersbetween the national government and the state governments.

“The Constitution was not made to fit us like astraightjacket. In its elasticity lies its chief greatness.”

President Woodrow Wilson

The Living ConstitutionThe Living ConstitutionTABLE OF CONTENTS

FOR THE LIVINGCONSTITUTION

Preamble 154Article 1 154Article 2 160Article 3 162Article 4 164Article 5 164Article 6 165Article 7 165Bill of Rights 166Amendments 11–27 168Tracing Themes:

Voting Rights 174Assessment 176Projects for Citizenship 178

152 THE LIVING CONSTITUTION

The original manuscript of the Constitution is now kept in the National Archives in Washington, D.C. ▼

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3. DESCRIBE AND DISTRIBUTE POWERThe framers had as their third purpose to describe governmentalpowers and to distribute them among the structures they created.The powers of the legislative branch, which are those of Congress,are listed in Article 1, Section 8, of the Constitution. Many of theexecutive powers belonging to the president are listed in Article 2,Sections 2 and 3. The courts are given judicial powers in Article 3.The words of Article 4 imply that the states retain authority overmany public matters.

4. LIMIT GOVERNMENT POWERSThe fourth purpose of the framers was to limit the powers of thestructures they created. Limits on the Congress’s powers are foundin Article 1, Section 9. Some of the limits on the powers of stategovernments are found in Article 1, Section 10. There the framersenumerate functions that are delegated to the national governmentand so cannot be directed by the states.

5. ALLOW FOR CHANGEThe framers’ fifth purpose was to include some means for changingthe Constitution. Here they faced a dilemma: they wanted to makecertain that the government endured by changing with the times,but they did not want to expose the basic rules of government toso many changes that the system would be unstable. So in Article 5they created a difficult but not impossible means for amending theConstitution.

THE LIVING CONSTITUTION 153

HOW TO READTHE CONSTITUTION

The Constitution, which appears onpages 154–173, is printed on a beigebackground, while the explanatory notesnext to each article, section, or clauseare printed on blue. Each article is divid-ed into sections, and the sections aresubdivided into clauses. Headings havebeen added and the spelling and punctu-ation modernized for easier reading.Portions of the Constitution no longer inuse have been crossed out. TheConstitutional Insight questions andanswers will help you understand signifi-cant issues related to the Constitution.

RESEARCHING A CONSTITUTIONAL QUESTION

As you study the Constitution, think abouta constitutional question that interests you.Here are some possible questions:

•How much, if at all, can the federal gov-ernment or a state government restrictthe sale of firearms?

•Under what conditions does the presidenthave the power to order American troopsinto battle without congressionalapproval?

•Under what conditions may a police officerconduct a search of the inside of an auto-mobile?

Once you have chosen a constitutionalquestion, research that question in articlesand books on the Constitution. Also checkthe indexes of well-known newspapers, suchas the New York Times, for articles that arerelevant.

PROJECT

CONSTITUTION

Visit the Constitution links for more information.

RESEARCH LINKS CLASSZONE.COM

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http://www.classzone.com/books/americans_sh/oltp_map_select.cfm

PREAMBLE. Purpose of the ConstitutionWe the people of the United States, in order to form a more perfect

Union, establish justice, insure domestic tranquility, provide for the com-mon defense, promote the general welfare, and secure the blessings ofliberty to ourselves and our posterity, do ordain and establish thisConstitution for the United States of America.

ARTICLE 1. The LegislatureSECTION 1. CONGRESS All legislative powers herein granted shall bevested in a Congress of the United States, which shall consist of a Senateand House of Representatives.

SECTION 2. THE HOUSE OF REPRESENTATIVES

1. ELECTIONS The House of Representatives shall be composed ofmembers chosen every second year by the people of the several states,and the electors in each state shall have the qualifications requisitefor electors of the most numerous branch of the state legislature.

2. QUALIFICATIONS No person shall be a Representative who shall nothave attained to the age of twenty-five years, and been seven years acitizen of the United States, and who shall not, when elected, be aninhabitant of that state in which he shall be chosen.

3. NUMBER OF REPRESENTATIVES Representatives and direct taxesshall be apportioned among the several states which may be includ-ed within this Union, according to their respective numbers, whichshall be determined by adding to the whole number of free persons,including those bound to service for a term of years, and excludingIndians not taxed, three fifths of all other persons. The actual enu-meration shall be made within three years after the first meeting ofthe Congress of the United States, and within every subsequent termof ten years, in such manner as they shall by law direct. The numberof Representatives shall not exceed one for every thirty thousand,but each state shall have at least one Representative; and until suchenumeration shall be made, the state of New Hampshire shall beentitled to choose three, Massachusetts eight, Rhode Island andProvidence 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.

4. VACANCIES When vacancies happen in therepresentation from any state, the executiveauthority thereof shall issue writs of electionto fill such vacancies.

5. OFFICERS AND IMPEACHMENT The House ofRepresentatives shall choose their Speakerand other officers; and shall have the solepower of impeachment.

P R E A M B L E Constitutional Insight PreambleWhy does the Preamble say “We the peopleof the United States . . . ordain and estab-lish” the new government? The Articles ofConfederation was an agreement among thestates. But the framers of the Constitutionwanted to be sure its legitimacy came fromthe American people, not from the states,which might decide to withdraw their supportat any time. This is a basic principle of theConstitution.

A R T I C L E 1Constitutional Insight Section 1Why does the first article of the Constitutionfocus on Congress rather than on the presi-dency or the courts? The framers were intenton stressing the central role of the legislativebranch in the new government because it isthe branch that most directly represents thepeople and is most responsive to them.

CRITICAL THINKING

Do you think Congress is still the branch of thefederal government that is most directlyresponsible to the people? Why or why not?

Constitutional Insight Section 2.1Why are members of the House ofRepresentatives elected every two years?The House of Representatives was designedto be a truly representative body, with mem-bers who reflect the concerns and sentimentsof their constituents as closely as possible.The framers achieved this timely representa-tion by establishing two years as a reasonableterm for members of the House to serve.

CRITICAL THINKING

Do you think electing members of the House ofRepresentatives every two years is a goodidea? Why or why not?


The ConstitutionThe Constitution

A

B

Requirements for Holding Federal Office

Representative

Senator

President

Supreme CourtJustice

state inwhich elected

state inwhich elected

14 years inthe UnitedStates

none

25

30

35

none

7 years

9 years

natural-born

none

POSITION MINIMUM AGE RESIDENCY CITIZENSHIP

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Constitutional Insight Section 3.1Why are members of the Senate electedevery six years? The framers feared thepossibility of instability in the government. Sothey decided that senators should have six-year terms and be elected by the statelegislatures rather than directly by the people.The Seventeenth Amendment, as you will seelater, changed this. The framers alsostaggered the terms of the senators so thatonly one-third of them are replaced at any onetime. This stabilizes the Senate still further.

CRITICAL THINKING

Do you think it is important today for theSenate to have more stability than the Houseof Representatives? If so, why?

Constitutional Insight Sections 3.6and 3.7 Must an impeached president stepdown from office? Not necessarily. Animpeachment is a formal accusation of crimi-nal behavior or serious misbehavior. Byimpeaching the president, the U.S. House ofRepresentatives is officially accusing thenation’s chief executive of one or more wrong-doings that warrant possible removal fromoffice. It is then the responsibility of theSenate to conduct a trial to determine whetherthe president is guilty or not guilty of thecharges—and thus whether or not the presi-dent must step down. Conviction requires atwo-thirds vote of the Senate.

CRITICAL THINKING

Do you think a president should be put on trialfor a crime while he or she is still in office?Explain.

SECTION 3. THE SENATE

1. NUMBERS The Senate of the United States shall be composed of twoSenators from each state, chosen by the legislature thereof, for sixyears; and each Senator shall have one vote.

2. CLASSIFYING TERMS Immediately after they shall be assembled inconsequence of the first election, they shall be divided as equally asmay be into three classes. The seats of the Senators of the first classshall be vacated at the expiration of the second year, of the secondclass at the expiration of the fourth year, and of the third class at theexpiration of the sixth year, so that one third may be chosen everysecond year; and if vacancies happen by resignation, or otherwise,during the recess of the legislature of any state, the executive thereofmay make temporary appointments until the next meeting of the leg-islature, which shall then fill such vacancies.

3. Qualifications No person shall be a Senator who shall not haveattained to the age of thirty years, and been nine years a citizen of theUnited States, and who shall not, when elected, be an inhabitant ofthat state for which he shall be chosen.

4. ROLE OF VICE-PRESIDENT The Vice-President of the United Statesshall be President of the Senate, but shall have no vote, unless they beequally divided.

5. OFFICERS The Senate shall choose their other officers, and also aPresident pro tempore, in the absence of the Vice-President, or whenhe shall exercise the office of President of the United States.

6. IMPEACHMENT TRIALS The Senate shall have the sole power to try allimpeachments. When sitting for that purpose, they shall be on oathor affirmation. When the President of the United States is tried, theChief Justice shall preside: and no person shall be convicted withoutthe concurrence of two thirds of the members present.

7. PUNISHMENT FOR IMPEACHMENT Judgment in cases of impeachmentshall not extend further than to removal from office, and disqualifica-tion to hold and enjoy any office of honor, trust or profit under theUnited States; but the party convicted shall nevertheless be liable andsubject to indictment, trial, judgment and punishment, according tolaw.

SECTION 4. CONGRESSIONAL ELECTIONS

1. REGULATIONS The times, places and manner of holding elections forSenators and Representatives shall be prescribed in each state by thelegislature thereof; but the Congress may at any time by law make oralter such regulations, except as to the places of choosing Senators.

2. SESSIONS The Congress shall assemble at least once in every year, andsuch meeting shall be on the first Monday in December, unless theyshall by law appoint a different day.


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Constitutional Insight Section 7.2How often do presidents use the veto, andhow often is that action overridden? The useof the veto, which is the refusal to approve abill, depends on many factors, especially thepolitical conditions of the time. Until 1865, onlynine presidents exercised the veto for 36pieces of legislation, including Andrew Jacksonwho used it 12 times. Since 1865, every presi-dent has used the veto power, some on rela-tively few occasions, others as frequently asover a hundred times. Usually, Congress isunable to produce the votes (those of two-thirds of the members present in each house)needed to override presidential vetoes.

CRITICAL THINKINGDo you think it should be easier for Congressto override a president’s veto? Why or why not?

SECTION 5. RULES AND PROCEDURES

1. QUORUM Each house shall be the judge of the elections, returns andqualifications of its own members, and a majority of each shall con-stitute a quorum to do business; but a smaller number may adjournfrom day to day, and may be authorized to compel the attendance ofabsent members, in such manner, and under such penalties, as eachhouse may provide.

2. RULES AND CONDUCT Each house may determine the rules of itsproceedings, punish its members for disorderly behavior, and, withthe concurrence of two thirds, expel a member.

3. CONGRESSIONAL RECORDS Each house shall keep a journal of itsproceedings, and from time to time publish the same, excepting suchparts as may in their judgment require secrecy; and the yeas andnays of the members of either house on any question shall, at thedesire of one fifth of those present, be entered on the journal.

4. ADJOURNMENT 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 besitting.

SECTION 6. PAYMENT AND PRIVILEGES

1. SALARY The Senators and Representatives shall receive a compensa-tion for their services, to be ascertained by law, and paid out of thetreasury of the United States. They shall in all cases, except treason,felony and breach of the peace, be privileged from arrest during theirattendance at the session of their respective houses, and in going toand returning from the same; and for any speech or debate in eitherhouse, they shall not be questioned in any other place.

2. RESTRICTIONS No Senator or Representative shall, during the timefor which he was elected, be appointed to any civil office under theauthority of the United States, which shall have been created, or theemoluments whereof shall have been increased, during such time;and no person holding any office under the United States shall be amember of either house during his continuance in office.

SECTION 7. HOW A BILL BECOMES A LAW

1. TAX BILLS All bills for raising revenue shall originate in the Houseof Representatives; but the Senate may propose or concur withamendments as on other bills.

2. LAWMAKING PROCESS Every bill which shall have passed the Houseof Representatives and the Senate shall, before it become a law, bepresented to the President of the United States; if he approves heshall sign it, but if not he shall return it with his objections to thathouse in which it shall have originated, who shall enter the objec-tions at large on their journal, and proceed to reconsider it. If aftersuch reconsideration two thirds of that house shall agree to pass thebill, it shall be sent, together with the objections, to the otherhouse, by which it shall likewise be reconsidered, and if approvedby two thirds of that house, it shall become a law. But in all such

Constitutional Insight Section 5.2What kinds of rules does Congress make foritself? The Constitution gives each house con-trol over most of its rules of procedure andmembership. Rules are important, for theyhelp shape the kinds of laws and policies thatpass each body. Senate rules allow a fili-buster, whereby a senator holds the floor aslong as he or she likes in order to block con-sideration of a bill he or she dislikes. In recentyears, a “cloture” rule has been used to enddebate if 60 or more members vote to do so.

In contrast, the House of Representativeshas rules to limit debate. A rules committeehas the primary task of determining how long abill on the floor of the House may be discussedand whether any amendments can be offeredto the bill. In recent years, the power of theRules Committee has been limited, but beingable to shape the rules remains a powerfultool of members of Congress.

CRITICAL THINKINGWhy do you think the chair of the RulesCommittee is in a powerful position?


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Constitutional Insight Section 7.1Why must all bills to raise revenue originatein the House? Because its members allstand for election every two years, the Housewas expected to be more directly responsiveto the people. The tradition of restricting thepowers of taxation to the people’s representa-tives dates prior to the English Bill of Rights(1689), which granted to Parliament and with-held from the king the right to raise taxes.When colonists protesting the Stamp Act andthe Intolerable Acts protested “no taxationwithout representation,” they were appealingto a longstanding right codified in the EnglishBill of Rights.

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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 beentered on the journal of each house respectively. If any bill shall notbe returned by the President within ten days (Sundays excepted) afterit shall have been presented to him, the same shall be a law, in likemanner as if he had signed it, unless the Congress by their adjourn-ment prevent its return, in which case it shall not be a law.

3. ROLE OF THE PRESIDENT Every order, resolution, or vote to whichthe concurrence of the Senate and House of Representatives may benecessary (except on a question of adjournment) shall be presented tothe President of the United States; and before the same shall takeeffect, shall be approved by him, or being disapproved by him, shallbe repassed by two thirds of the Senate and House of Representatives,according to the rules and limitations prescribed in the case of a bill.


SkillbuilderAnswerBoth the House and the Senate must passa common version of a bill which the pres-ident may accept or reject (veto). If thepresident rejects a bill, it still becomes alaw with a two-thirds vote in each house.So, the House and Senate can check eachother and the president, while the presi-dent can check the Congress.

How a Bill in Congress Becomes a Law

A bill is introduced in the House orthe Senate and referred to astanding committee forconsideration.

Either house of Congress debatesthe bill and may make revisions. Ifpassed, the bill is sent to the otherhouse.

A bill may be reported out ofcommittee with or withoutchanges—or it may beshelved.

If both houses accept the compromiseversion, the bill is sent to thepresident to be signed.

The conference committeesubmits a single version of thebill to the House and the Senate.

If the House and the Senate passdifferent versions of a bill, both versionsgo to a conference committee to workout the differences.

If the president vetoes the bill, the House and the Senatemay override the veto by a vote of two thirds of the memberspresent in each house, and then the bill becomes law.

If the president signs thebill, it becomes law.

SKILLBUILDER Interpreting ChartsHow is the constitutional principle of checks andbalances reflected in the process of a bill’sbecoming a law?

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SECTION 8. POWERS GRANTED TO CONGRESS

1. TAXATION The Congress shall have power to lay and collect taxes,duties, imposts and excises, to pay the debts and provide for the com-mon defense and general welfare of the United States; but all duties,imposts and excises shall be uniform throughout the United States;

2. CREDIT To borrow money on the credit of the United States;

3. COMMERCE To regulate commerce with foreign nations, and amongthe several states, and with the Indian tribes;

4. NATURALIZATION, BANKRUPTCY To establish a uniform rule of nat-uralization, and uniform laws on the subject of bankruptciesthroughout the United States;

5. MONEY To coin money, regulate the value thereof, and of foreigncoin, and fix the standard of weights and measures;

6. COUNTERFEITING To provide for the punishment of counterfeitingthe securities and current coin of the United States;

7. POST OFFICE To establish post offices and post roads;

8. PATENTS, COPYRIGHTS To promote the progress of science and use-ful arts, by securing for limited times to authors and inventors theexclusive right to their respective writings and discoveries;

9. FEDERAL COURTS To constitute tribunals inferior to the SupremeCourt;

10. INTERNATIONAL LAW To define and punish piracies and feloniescommitted on the high seas, and offenses against the law of nations;

11. WAR To declare war, grant letters of marque and reprisal, and makerules concerning captures on land and water;

12. ARMY To raise and support armies, but no appropriation of moneyto that use shall be for a longer term than two years;

13. NAVY To provide and maintain a navy;

14. REGULATION OF ARMED FORCES To make rules for the governmentand regulation of the land and naval forces;

15. MILITIA To provide for calling forth the militia to execute the lawsof the Union, suppress insurrections and repel invasions;

16. REGULATIONS FOR MILITIA To provide for organizing, arming, anddisciplining the militia, and for governing such part of them as maybe employed in the service of the United States, reserving to the statesrespectively the appointment of the officers, and the authority oftraining the militia according to the discipline prescribed by Congress;

17. DISTRICT OF COLUMBIA To exercise exclusive legislation in all caseswhatsoever, over such district (not exceeding ten miles square) as may,by cession of particular states, and the acceptance of Congress, becomethe seat of the government of the United States, and to exercise likeauthority over all places purchased by the consent of the legislatureof the state in which the same shall be, for the erection of forts, mag-azines, arsenals, dockyards, and other needful buildings;—and

18. ELASTIC CLAUSE To make all laws which shall be necessary andproper for carrying into execution the foregoing powers, and allother powers vested by this Constitution in the government of theUnited States, or in any department or officer thereof.

Constitutional Insight Section 8 Thepowers given to Congress are in Section 8 ofArticle 1. The first 17 clauses of Section 8 areoften called the enumerated powers becausethey name individually Congress’s specific pow-ers. These powers deal with issues rangingfrom taxation and the national debt to callingout the armed forces of the various states togoverning the nation’s capital district(Washington, D.C.).

The 18th and final clause is different. It givesCongress the power to do what is “necessaryand proper” to carry out the enumurated pow-ers. Thus, the enumerated powers of Congress“to lay and collect taxes,” “to borrow money,”“to regulate commerce,” and “to coin money”imply the power to create a bank in order toexecute these powers. Early in the country’shistory, this Elastic Clause, as it has beencalled, was used by Congress to establish thecontroversial Bank of the United States in 1791and the Second Bank of the United States in1816.

CRITICAL THINKINGWhy do you think the Elastic Clause is stillimportant today?


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NOWNOW THENTHEN

MODERN MONEYBecause of frequent counterfeit-ing of U.S. currency, a newdesign was released for the$100 and $50 bills in 1996. Tomake these bills more difficult tocounterfeit, the new designincluded enlarged, off-center por-traits of Benjamin Franklin andUlysses S. Grant, a securitythread, fine-line printing patterns,color-shifting ink, and a water-mark to the right of each portrait.Since then, a $20 bill was intro-duced in 1998, and a $10 and$5 bill were introduced in 2000.

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Constitutional Insight Section 9Why didn’t the framers include a bill of rightsin the original Constitution? Actually, they did.Article 1, Section 9, defines limits on the pow-ers of Congress, just as the first ten amend-ments (which we call the Bill of Rights) do.While some of the provisions focus on suchissues as slavery and taxation, there are threeexplicit prohibitions dealing with citizens’ rights:

•Writ of habeas corpus. Section 9, Clause 2says that, except in time of rebellion orinvasion, Congress cannot suspend people’sright to a writ of habeas corpus. This meansthat people cannot be held in prison or jailwithout being formally charged with a crime.

•Bill of attainder. Clause 3 prohibits the pas-sage of any law that convicts or punishes aperson directly and without a trial. Any leg-islative action that would punish someonewithout recourse to a court of law is calleda bill of attainder.

•Ex post facto law. The same clause pro-hibits ex post facto laws. Such a law wouldpunish a person for an act that was legalwhen it was performed.

The fact that these particular rights were pro-tected by the original document issued by theframers reflects both the framers’ experiencesduring the Revolution and their fear of exces-sive government power.

CRITICAL THINKINGWhy are American citizens today so intent onhaving protections against governmentviolations of their rights?

SECTION 9. POWERS DENIED CONGRESS

1. Slave Trade The migration or importation of such persons as anyof the states now existing shall think proper to admit, shall not beprohibited by the Congress prior to the year one thousand eight hun-dred and eight, but a tax or duty may be imposed on such importa-tion, not exceeding ten dollars for each person.

2. HABEAS CORPUS The privilege of the writ of habeas corpus shall notbe suspended, unless when in cases of rebellion or invasion the publicsafety may require it.

3. ILLEGAL PUNISHMENT No bill of attainder or ex post facto law shallbe passed.

4. DIRECT TAXES No capitation, or other direct, tax shall be laid, unlessin proportion to the census or enumeration herein before directed tobe taken.

5. EXPORT TAXES No tax or duty shall be laid on articles exported fromany state.

6. NO FAVORITES No preference shall be given by any regulation ofcommerce 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.

7. PUBLIC MONEY No money shall be drawn from the treasury, but inconsequence of appropriations made by law; and a regular statementand account of the receipts and expenditures of all public money shallbe published from time to time.

8. TITLES OF NOBILITY No title of nobility shall be granted by theUnited States: and no person holding any office of profit or trustunder them shall, without the consent of the Congress, accept of anypresent, emolument, office, or title, of any kind whatever, from anyking, prince, or foreign state.

SECTION 10. POWERS DENIED THE STATES

1. RESTRICTIONS No state shall enter into any treaty, alliance, or con-federation; grant letters of marque and reprisal; coin money; emit billsof credit; make anything but gold and silver coin a tender in paymentof debts; pass any bill of attainder, ex post facto law, or law impairingthe obligation of contracts, or grant any title of nobility.

2. IMPORT AND EXPORT TAXES No state shall, without the consent ofthe Congress, lay any imposts or duties on imports or exports, exceptwhat may be absolutely necessary for executing its inspection laws;and the net produce of all duties and imposts, laid by any state onimports or exports, shall be for the use of the treasury of the UnitedStates; and all such laws shall be subject to the revision and control ofthe Congress.


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3. PEACETIME AND WAR RESTRAINTS No state shall, without the con-sent of Congress, lay any duty of tonnage, keep troops or ships ofwar in time of peace, enter into any agreement or compact withanother state, or with a foreign power, or engage in war, unless actu-ally invaded, or in such imminent danger as will not admit of delay.

ARTICLE 2. The Executive

SECTION 1. THE PRESIDENCY

1. TERMS OF OFFICE The executive power shall be vested in aPresident of the United States of America. He shall hold his officeduring the term of four years and, together with the Vice-President,chosen for the same term, be elected as follows:

2. ELECTORAL COLLEGE Each state shall appoint, in such manner asthe legislature thereof may direct, a number of electors, equal to thewhole number of Senators and Representatives to which the statemay be entitled in the Congress; but no Senator or Representative, orperson holding an office of trust or profit under the United States,shall be appointed an elector.

3. Former Method of Electing President The electors shallmeet in their respective states, and vote by ballot for two persons, ofwhom one at least shall not be an inhabitant of the same state withthemselves. 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 andcertify, and transmit sealed to the seat of the government of theUnited States, directed to the President of the Senate. The Presidentof the Senate shall, in the presence of the Senate and House ofRepresentatives, open all the certificates, and the votes shall then becounted. The person having the greatest number of votes shall be thePresident, if such number be a majority of the whole number of elec-tors appointed; and if there be more than one who have such major-ity, and have an equal number of votes, then the House ofRepresentatives shall immediately choose by ballot one of them forPresident; and if no person have a majority, then from the five high-est on the list the said house shall in like manner choose the President.But in choosing the President, the votes shall be taken by states, therepresentation from each state having one vote; a quorum for thispurpose shall consist of a member or members from two thirds ofthe states, and a majority of all the states shall be necessary to achoice. In every case, after the choice of the President, the personhaving the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equalvotes, the Senate shall choose from them by ballot the Vice-President.

4. ELECTION DAY The Congress may determine the time of choosingthe electors, and the day on which they shall give their votes; whichday shall be the same throughout the United States.

A R T I C L E 2Constitutional Insight Section 1.1What exactly is “executive power”? We knowthe president has it, but nowhere is it explicitlydefined. It is most often defined as the powerto carry out the laws of the land, but of courseno one person can handle such a chore alone.A more appropriate definition is found inSection 3 of this article, which empowers thepresident to “take care that the laws be faith-fully executed.” In this sense, the president isthe chief administrator.

CRITICAL THINKINGWhy is it important to have an executive who isthe chief administrator?


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Constitutional Insight Section 1.6What happens when the vice-president suc-ceeds a dead or incapacitated president?Section 1.6 provides that the vice-presidentshall assume the powers and duties of thepresidential office. But until the Twenty-fifthAmendment was added to the Constitution in1967, there was no explicit statement in thedocument that the vice-president is to becomepresident. That procedure owes its origin toJohn Tyler, the tenth president of the UnitedStates, who in 1841 succeeded William HenryHarrison—the first president to die in office.Tyler decided to take the oath of office andassume the title of president of the UnitedStates. Congress voted to go along with hisdecision, and the practice was repeated afterLincoln was assassinated. It would take anoth-er century for the written provisions of theConstitution to catch up with the practice.

CRITICAL THINKINGWhy is it important to know the order ofsuccession if a president dies in office?

Constitutional Insight Section 2.1Just how much authority does the presidenthave as “commander in chief” of the armedforces? The president has the power to giveorders to American military forces. There havebeen several instances in U.S. history whenpresidents have used that authority in spite ofcongressional wishes.

President Harry Truman involved the armedforces of the United States in the Korean Warfrom 1950 to 1953 without a congressionaldeclaration of war.

Reacting to criticism of the Vietnam War,Congress in 1973 enacted the War PowersResolution, making the president moreaccountable to Congress for any militaryactions he or she might take. Every presidentsince Richard Nixon has called the resolutionunconstitutional. Nevertheless, every presi-dent has reported to Congress within 48 hoursof sending troops into an international crisis,as is required by the War Powers Resolution.

CRITICAL THINKINGWhy is it important that the commander inchief of the armed forces of the United Statesbe a civilian (the president) rather than amilitary general?

5. QUALIFICATIONS No person except a natural-born citizen, or a citizenof the United States at the time of the adoption of this Constitution,shall be eligible to the office of President; neither shall any person beeligible 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.

6. SUCCESSION In case of the removal of the President from office, or ofhis death, resignation, or inability to discharge the powers and dutiesof the said office, the same shall devolve on the Vice-President, andthe Congress may by law provide for the case of removal, death, resig-nation, or inability, both of the President and Vice-President, declar-ing what officer shall then act as President, and such officer shall actaccordingly, until the disability be removed, or a President shall beelected.

7. SALARY The President shall, at stated times, receive for his services acompensation, which shall neither be increased nor diminished dur-ing the period for which he shall have been elected, and he shall notreceive within that period any other emolument from the UnitedStates, or any of them.

8. OATH OF OFFICE Before he enter on the execution of his office, heshall take the following oath or affirmation:—“I do solemnly swear (oraffirm) that I will faithfully execute the office of President of theUnited States, and will to the best of my ability, preserve, protect anddefend the Constitution of the United States.”

SECTION 2. POWERS OF THE PRESIDENT

1. MILITARY POWERS The President shall be commander in chief of thearmy and navy of the United States, and of the militia of the severalstates, when called into the actual service of the United States; he mayrequire the opinion, in writing, of the principal officer in each of theexecutive departments, upon any subject relating to the duties of theirrespective offices, and he shall have power to grant reprieves and par-dons for offenses against the United States, except in cases ofimpeachment.

2. TREATIES, APPOINTMENTS He shall have power, by and with theadvice and consent of the Senate, to make treaties, provided twothirds of the Senators present concur; and he shall nominate, and byand with the advice and consent of the Senate, shall appoint ambas-sadors, other public ministers and consuls, judges of the SupremeCourt, and all other officers of the United States, whose appointmentsare not herein otherwise provided for, and which shall be establishedby law; but the Congress may by law vest the appointment of suchinferior officers, as they think proper, in the President alone, in thecourts of law, or in the heads of departments.

3. VACANCIES The President shall have power to fill up all vacanciesthat may happen during the recess of the Senate, by granting commis-sions which shall expire at the end of their next session.


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SECTION 3. PRESIDENTIAL DUTIES He shall from time to time give tothe Congress information of the state of the Union, and recommend totheir consideration such measures as he shall judge necessary and expedi-ent; he may, on extraordinary occasions, convene both houses, or eitherof them, and in case of disagreement between them, with respect to thetime of adjournment, he may adjourn them to such time as he shallthink proper; he shall receive ambassadors and other public ministers; heshall take care that the laws be faithfully executed, and shall commissionall the officers of the United States.

SECTION 4. IMPEACHMENT The President, Vice-President and all civilofficers of the United States shall be removed from office on impeach-ment for, and conviction of, treason, bribery, or other high crimes andmisdemeanors.

ARTICLE 3. The JudiciarySECTION 1. FEDERAL COURTS AND JUDGES The judicial power of theUnited States shall be vested in one Supreme Court, and in such inferiorcourts as the Congress may from time to time ordain and establish. Thejudges, both of the Supreme and inferior courts, shall hold their officesduring good behavior, and shall, at stated times, receive for their servicesa compensation, which shall not be diminished during their continuancein office.

Constitutional Insight Section 3Is it necessary for the president to deliver aState of the Union address before a jointsession of Congress at the start of each leg-islative year? The Constitution requires onlythat the president report to Congress on thestate of the Union from time to time, andnowhere does it call for an annual address. In1913, President Woodrow Wilson wanted toinfluence Congress to take action without delayon some legislation that he thought was impor-tant. Wilson revived the tradition—which hadbeen discontinued by Jefferson—of deliveringthe State of the Union address in person.

CRITICAL THINKINGHow does the president use the State of theUnion address today?

Constitutional Insight Section 4Have high-level public officials ever beenimpeached? In all of American history, theHouse has impeached two presidents, and nei-ther had to leave office. In 1868, the Senatefound President Andrew Johnson not guilty byone vote after the House impeached him,charging him with violating a CongressionalAct. In 1999, Senators acquitted President BillClinton after the House impeached him withcharges of lying under oath and obstructingjustice in the attempted cover-up of a WhiteHouse scandal.

The only other president to come close toimpeachment was Richard Nixon. In 1974, theHouse Judiciary Committee, in what is the firststep of the impeachment process, recom-mended three articles of impeachment againstNixon for his role in the infamous Watergatescandal. Before the full House could vote foror against the articles of impeachment, howev-er, Nixon resigned from office.

CRITICAL THINKINGWhy do you think the framers of theConstitution created such an elaborate andseemingly difficult procedure for removing asitting president?


(above) Rep. Henry Hyde,chairman of the House JudiciaryCommittee, swears inIndependent Counsel KennethStarr during the Committee’shearings on impeachmentcharges against President BillClinton in 1998; (right) PresidentAndrew Johnson is handed thearticles of impeachment beforehis trial in 1868.

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A R T I C L E 3 Constitutional Insight Section 2.1What is judicial review? Is it the same asjudicial power? Actually, they are not thesame. Judicial power is the authority to hearcases involving disputes over the law or thebehavior of people. Judicial review, in contrast,is a court’s passing judgment on the constitu-tionality of a law or government action that isbeing disputed. Interestingly, nowhere doesthe Constitution mention judicial review. Thereare places where it is implied (for example, inSection 2 of Article 6), but the only explicitdescription of the responsibility of the courtsis the reference to judicial power in Section 1of Article 3. The Supreme Court’s power toreview laws passed by Congress was explicitlyaffirmed by the Court itself in Marbury v.Madison. (See page 206.)

CRITICAL THINKINGWhy is judicial review, although not mentionedin the Constitution, an important activity of theSupreme Court?


SECTION 2. THE COURTS’ AUTHORITY

1. GENERAL AUTHORITY The judicial power shall extend to all cases, inlaw and equity, arising under this Constitution, the laws of the UnitedStates, and treaties made, or which shall be made, under their authori-ty;—to all cases affecting ambassadors, other public ministers and con-suls;—to all cases of admiralty and maritime jurisdiction;—to contro-versies to which the United States shall be a party;—to controversiesbetween two or more states;—between a state and citizens of anotherstate;—between citizens of different states;—between citizens of thesame state claiming lands under grants of different states, andbetween a state, or the citizens thereof, and foreign states, citizens orsubjects.

2. SUPREME COURT In all cases affecting ambassadors, other publicministers and consuls, and those in which a state shall be party, theSupreme Court shall have original jurisdiction. In all the other casesbefore mentioned, the Supreme Court shall have appellate jurisdic-tion, both as to law and fact, with such exceptions, and under suchregulations, as the Congress shall make.

3. TRIAL BY JURY The trial of all crimes, except in cases of impeach-ment, shall be by jury; and such trial shall be held in the state wherethe said crimes shall have been committed; but when not committedwithin any state, the trial shall be at such place or places as theCongress may by law have directed.

SECTION 3. TREASON

1. DEFINITION Treason against the United States shall consist only inlevying war against them, or in adhering to their enemies, givingthem aid and comfort. No person shall be convicted of treason unlesson the testimony of two witnesses to the same overt act, or on confes-sion in open court.

2. PUNISHMENT The Congress shall have power to declare the punish-ment of treason, but no attainder of treason shall work corruption ofblood, or forfeiture except during the life of the person attainted.

The Supreme Court of the United States in1994. In the front row (left to right) areAssociate Justices Antonin Scalia and JohnPaul Stevens, Chief Justice William H.Rehnquist, and Associate Justices Sandra DayO’Connor and Anthony Kennedy. In the backrow are Associate Justices Ruth BaderGinsburg, David Souter, Clarence Thomas, andStephen Breyer.

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ARTICLE 4. Relations Among StatesSECTION 1. STATE ACTS AND RECORDS Full faith and credit shall begiven in each state to the public acts, records, and judicial proceedings ofevery other state. And the Congress may by general laws prescribe themanner in which such acts, records, and proceedings shall be proved,and the effect thereof.

SECTION 2. RIGHTS OF CITIZENS

1. CITIZENSHIP The citizens of each state shall be entitled to all privi-leges and immunities of citizens in the several states.

2. EXTRADITION A person charged in any state with treason, felony, orother crime, who shall flee from justice, and be found in anotherstate, shall on demand of the executive authority of the state fromwhich he fled, be delivered up, to be removed to the state havingjurisdiction of the crime.

3. Fugitive Slaves No person held to service or labor in one state,under the laws thereof, escaping into another, shall, in consequenceof any law or regulation therein, be discharged from such service orlabor, but shall be delivered up on claim of the party to whom suchservice or labor may be due.

SECTION 3. NEW STATES

1. ADMISSION New states may be admitted by the Congress into thisUnion; but no new state shall be formed or erected within the juris-diction of any other state; nor any state be formed by the junction oftwo or more states, or parts of states, without the consent of the leg-islatures of the states concerned as well as of the Congress.

2. CONGRESSIONAL AUTHORITY The Congress shall have power to dis-pose of and make all needful rules and regulations respecting the ter-ritory or other property belonging to the United States; and nothingin this Constitution shall be so construed as to prejudice any claimsof the United States, or of any particular state.

SECTION 4. GUARANTEES TO THE STATES The United States shall guar-antee to every state in this Union a republican form of government, andshall protect each of them against invasion; and on application of thelegislature, or of the executive (when the legislature cannot be con-vened), against domestic violence.

ARTICLE 5. Amending the ConstitutionThe Congress, whenever two thirds of both houses shall deem it neces-sary, shall propose amendments to this Constitution, or, on the applica-tion of the legislatures of two thirds of the several states, shall call a con-vention for proposing amendments, which, in either case, shall be validto all intents and purposes, as part of this Constitution, when ratified bythe legislatures of three fourths of the several states, or by conventions inthree fourths thereof, as the one or the other mode of ratification may beproposed by the Congress; provided that no amendment which may bemade prior to the year one thousand eight hundred and eight shall inany manner affect the first and fourth clauses in the ninth section of thefirst article; and that no state, without its consent, shall be deprived of itsequal suffrage in the Senate.

A R T I C L E 4Constitutional Insight Section 2.1Why do college students attending public universities outside their state of residencehave to pay higher tuition fees?The Supreme Court has interpreted the “privi-leges and immunities” clause to allow highertuition fees (and fees for hunting permits, etc.)for nonresidents when a state can give a “sub-stantial reason” for the difference. Since statecolleges and universities receive some finan-cial support from the states’ taxpayers, thedifference is regarded as justified in moststates. If a student establishes residency inthe state, he or she can pay in-state tuitionafter one year.

CRITICAL THINKINGDo you think it is fair that a nonresident mustpay higher tuition fees at a state college than aresident of the state must pay? Explain.

Constitutional Insight Section 3.1Should there be a West Virginia? TheConstitution states that “no new state shall beformed or erected within the jurisdiction of anyother state” without the permission of thelegislature of the state involved and of theCongress. Vermont, Kentucky, Tennessee, andMaine were created from territory taken fromexisting states, with the approval of the sittinglegislatures.

West Virginia, however, is a different story.During the Civil War, the residents of the

westernmost counties of Virginia were angrywith their state’s decision to secede from theUnion. They petitioned Congress to have theircounties declared a distinct state. Congressagreed, and so the state of West Virginia wascreated. After the Civil War, the legislature ofVirginia gave its formal approval, perhapsbecause it was in no position to dispute thematter.

CRITICAL THINKINGSuppose a section of Texas should decide tobecome a new state today. Could it do this?Why or why not?


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A R T I C L E 6 Constitutional Insight Section 2 Justhow “supreme” is the “law of the land”?The Constitution and all federal laws andtreaties are the highest law of the land. Allstate constitutions and laws and all local lawsrank below national law and cannot be enforcedif they contradict national law. For example, ifthe United States enters into a treaty protect-ing migratory Canadian birds, the states mustchange their laws to fit the provisions of thatagreement. That was the decision of theSupreme Court in the case of Missouri v.Holland (1920). The state of Missouri arguedthat the national government could not inter-fere with its power to regulate hunting withinits borders, but the Supreme Court concludedthat the treaty was a valid exercise of nationalpower and therefore took priority over stateand local laws. The states had to adjust theirrules and regulations accordingly.

CRITICAL THINKINGWhat would happen if the national law werenot supreme?

A R T I C L E 7 Constitutional Insight Why was ratifica-tion by only 9 states sufficient to put theConstitution into effect? In taking such amomentous step as replacing one constitution(the Articles of Confederation) with another,the framers might have been expected torequire the agreement of all 13 states. But theframers were political realists. They knew thatthey would have a difficult time winningapproval from all 13 states. But they alsoknew that they had a good chance of getting 9or 10 of the states “on board” and that oncethat happened, the rest would follow. Theirstrategy worked, but just barely. Although theyhad the approval of 9 states by the end ofJune 1788, 2 of the most important states—Virginia and New York—had not yet decided toratify. Without the approval of these influentialstates, the new government would have had adifficult time surviving. Finally, by the end ofJuly, both had given their blessing to the newconstitution, but not without intense debate.

And then there was the last holdout—RhodeIsland. Not only had Rhode Island refused tosend delegates to the Constitutional Conventionin 1787, but it turned down ratification severaltimes before finally giving its approval in 1790under a cloud of economic and even militarythreats from neighboring states.

CRITICAL THINKINGDo you think all 50 states would ratify theConstitution today? Why or why not?


ARTICLE 6. Supremacy of the National Government

SECTION 1. VALID DEBTS All debts contracted and engagements enteredinto, before the adoption of this Constitution, shall be as valid against theUnited States under this Constitution, as under the Confederation.

SECTION 2. SUPREME LAW This Constitution, and the laws of theUnited States which shall be made in pursuance thereof; and all treatiesmade, 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 bebound thereby, anything in the constitution or laws of any state to thecontrary notwithstanding.

SECTION 3. LOYALTY TO CONSTITUTION The Senators andRepresentatives before mentioned, and the members of the several statelegislatures, and all executive and judicial officers, both of the UnitedStates and of the several states, shall be bound by oath or affirmation tosupport this Constitution; but no religious test shall ever be required as aqualification to any office or public trust under the United States.

ARTICLE 7. Ratification

The ratification of the conventions of nine states shall be sufficient for theestablishment of this Constitution between the states so ratifying thesame. Done in convention by the unanimous consent of the states pres-ent, the seventeenth day of September in the year of our Lord one thou-sand seven hundred and eighty-seven and of the independence of theUnited States of America the twelfth. In witness whereof we have hereun-to subscribed our names.

George Washington—President and deputy from Virginia

Delaware: George Read, Gunning Bedford, Jr., John Dickinson, RichardBassett, Jacob Broom

Maryland: James McHenry, Dan of St. Thomas Jenifer, Daniel Carroll

Virginia: John Blair, James Madison, Jr.

North Carolina: William Blount, Richard Dobbs Spaight, Hugh Williamson

South Carolina: John Rutledge, Charles Cotesworth Pinckney, CharlesPinckney, Pierce Butler

Georgia: William Few, Abraham Baldwin

New Hampshire: John Langdon, Nicholas Gilman

Massachusetts: Nathaniel Gorham, Rufus King

Connecticut: William Samuel Johnson, Roger Sherman

New York: Alexander Hamilton

New Jersey: William Livingston, David Brearley, William Paterson, JonathanDayton

Pennsylvania: Benjamin Franklin, Thomas Mifflin, Robert Morris, GeorgeClymer, Thomas FitzSimons, Jared Ingersoll, James Wilson, Gouverneur Morris

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B I L L O F R I G H T SConstitutional Insight Amendment 1Do Americans have an absolute right to freespeech? The right to free speech is not with-out limits. In the case of Schenck v. UnitedStates (1919), Justice Oliver Wendell Holmeswrote that this right does “not protect a manin falsely shouting fire in a theatre and causinga panic.” Thus, there are some forms ofspeech that are not protected by the FirstAmendment, and Congress is allowed to makelaws regarding certain types of expression.(See Schenck v. United States on page 602.)

CRITICAL THINKINGWhy is there controversy over freedom ofspeech today?

Constitutional Insight Amendment 4Can the police search your car without acourt-issued search warrant when they stopyou for speeding? The answer, according toSupreme Court decisions, depends on whetherthey have good reasons—called “probablecause”—for doing so. If a state troopernotices bloody clothing on the back seat of avehicle she stops for a traffic violation, theremight be probable cause for her to insist onsearching the vehicle. There is probably notsufficient reason for a search if the trooper ismerely suspicious of the driver because of theway he is acting. In such cases, the troopermay make a casual request, such as “Do youmind if I look inside your vehicle?” If theanswer is no, then according to the Court, thedriver has waived his or her constitutional rightagainst unreasonable searches.

CRITICAL THINKINGWhy do you think the right againstunreasonable searches and seizures is highlyimportant to most people?

Constitutional Insight Amendment 5Can you be tried twice for the sameoffense? The prohibition against “doublejeopardy” protects you from having the samecharge twice brought against you for the sameoffense, but you can be tried on differentcharges related to that offense.

CRITICAL THINKINGWhat do you think could happen if a personcould be tried twice for the same offense?


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The Bill of Rightsand Amendments 11–27

Amendments 1–10Proposed by Congress September 25, 1789. Ratified December 15, 1791.

AMENDMENT 1. RELIGIOUS AND POLITICAL FREEDOM (1791)Congress shall make no law respecting an establishment of religion,or prohibiting the free exercise thereof; or abridging the freedom ofspeech, or of the press; or the right of the people peaceably to assem-ble, and to petition the government for a redress of grievances.

AMENDMENT 2. RIGHT TO BEAR ARMS (1791) A well-regulatedmilitia being necessary to the security of a free state, the right of thepeople to keep and bear arms shall not be infringed.

AMENDMENT 3. QUARTERING TROOPS (1791) No soldier shall, intime of peace, be quartered in any house without the consent of theowner, nor in time of war, but in a manner to be prescribed by law.

AMENDMENT 4. SEARCH AND SEIZURE (1791) The right of thepeople 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 byoath or affirmation, and particularly describing the place to besearched, and the persons or things to be seized.

AMENDMENT 5. RIGHTS OF ACCUSED PERSONS (1791) No personshall be held to answer for a capital or otherwise infamous crime,unless on a presentment or indictment of a grand jury, except in casesarising in the land or naval forces, or in the militia, when in actual ser-vice in time of war or public danger; nor shall any person be subjectfor the same offense to be twice put in jeopardy of life or limb; norshall be compelled in any criminal case to be a witness against him-self, nor be deprived of life, liberty, or property, without due process oflaw; nor shall private property be taken for public use, without justcompensation.

AnalyzingAnalyzing

“THE FEDERAL EDIFICE”This 1778 cartoon celebrated the ratification of the Constitution by NewYork, the 11th state to ratify it. This left only North Carolina and RhodeIsland to complete all 13 pillars of the federal structure.

SKILLBUILDER Analyzing Political Cartoons1. What details in the cartoon convey the unity of the states who have

voted for ratification?2. How does the cartoonist contrast the states who have voted for

ratification with those who have not? What message does this convey?

SEE SKILLBUILDER HANDBOOK, PAGE R24.

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Constitutional Insight Amendment 6What are the Miranda rights? The termcomes from the Supreme Court’s decision inMiranda v. Arizona (1966), in which the jus-tices established basic rules that the policemust follow when questioning a suspect. Ifsuspected of a crime, you must be told thatyou have a right to remain silent and that any-thing you say “can and will” be used againstyou. You also need to be informed that youhave a right to an attorney and that the attor-ney may be present during questioning. (SeeMiranda v. Arizona on page 900.)

CRITICAL THINKINGHow do the Miranda rights protect you?

Constitutional Insight Amendment 7What are the “rules of the common law”?The common law is the body of legal practicesand decrees developed in England and English-speaking America from A.D. 1066 through thepresent. It includes Magna Carta (1215),which acknowledges versions of rightsaffirmed in the Fifth, Sixth, and SeventhAmendments, as well as the English Bill ofRights (1689), which codified rights assertedin the First, Second, Seventh, and EighthAmendments. The common law also includesthe decisions and published opinions of stateand federal appeals courts, including the U.S.Supreme Court.

Constitutional Insight Amendment 9Do you have a right to privacy? Until 1965,no such right had ever been explicitly stated bythe courts. That year, in the case of Griswoldv. Connecticut, the Court said there is animplied right of American citizens to make cer-tain personal choices without interferencefrom the government; this case concerned theright to use birth control. Years later, in Roe v.Wade (1973), the same logic was used todeclare unconstitutional a Texas law restricting awoman’s right to an abortion in the first stagesof pregnancy. Since that decision, both the rightto privacy and abortion rights have become thefocus of major political controversies.

CRITICAL THINKINGHow do you define the right to privacy?

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AMENDMENT 6. RIGHT TO A SPEEDY, PUBLIC TRIAL (1791) Inall criminal prosecutions, the accused shall enjoy the right to aspeedy and public trial, by an impartial jury of the state and districtwherein the crime shall have been committed, which district shallhave been previously ascertained by law, and to be informed of thenature and cause of the accusation; to be confronted with the wit-nesses against him; to have compulsory process for obtaining wit-nesses in his favor, and to have the assistance of counsel for hisdefense.

AMENDMENT 7. TRIAL BY JURY IN CIVIL CASES (1791) In suitsat common law, where the value in controversy shall exceed twentydollars, the right of trial by jury shall be preserved, and no fact triedby a jury shall be otherwise reexamined in any court of the UnitedStates, than according to the rules of the common law.

AMENDMENT 8. LIMITS OF FINES AND PUNISHMENTS (1791)Excessive bail shall not be required, nor excessive fines imposed, norcruel and unusual punishments inflicted.

AMENDMENT 9. RIGHTS OF PEOPLE (1791) The enumeration inthe Constitution, of certain rights, shall not be construed to deny ordisparage others retained by the people.

AMENDMENT 10. POWERS OF STATES AND PEOPLE (1791) Thepowers not delegated to the United States by the Constitution, norprohibited by it to the states, are reserved to the states respectively,or to the people.


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Amendments 11–27

AMENDMENT 11. LAWSUITS AGAINST STATES (1795) Passed byCongress March 4, 1794. Ratified February 7, 1795.

Note: Article 3, Section 2, of the Constitution was modified by theEleventh Amendment.

The Judicial power of the United States shall not be construed toextend to any suit in law or equity, commenced or prosecuted againstone of the United States by citizens of another state, or by citizens orsubjects of any foreign state.

AMENDMENT 12. ELECTION OF EXECUTIVES (1804) Passed byCongress December 9, 1803. Ratified June 15, 1804.

Note: A portion of Article 2, Section 1, of the Constitution was superseded by the Twelfth Amendment.

The electors shall meet in their respective states and vote by ballot forPresident and Vice-President, one of whom, at least, shall not be an inhabi-tant of the same state with themselves; they shall name in their ballots theperson voted for as President, and in distinct ballots the person voted foras Vice-President, and they shall make distinct lists of all persons voted foras President, and of all persons voted for as Vice-President, and of thenumber of votes for each, which lists they shall sign and certify, and trans-mit sealed to the seat of the government of the United States, directed tothe President of the Senate;—the President of the Senate shall, in the pres-ence of the Senate and House of Representatives, open all the certificatesand the votes shall then be counted;—the person having the greatest num-ber of votes for President shall be the President, if such number be a major-ity of the whole number of electors appointed; and if no person have suchmajority, then from the persons having the highest numbers not exceed-ing three on the list of those voted for as President, the House ofRepresentatives shall choose immediately, by ballot, the President. But inchoosing the President, the votes shall be taken by states, the representa-tion from each state having one vote; a quorum for this purpose shall con-sist of a member or members from two thirds of the states, and a majorityof all the states shall be necessary to a choice. And if the House ofRepresentatives shall not choose a President whenever the right of choiceshall devolve upon them, before the fourth day of March next following,then the Vice-President shall act as President, as in the case of the death orother constitutional disability of the President. The person having thegreatest number of votes as Vice-President shall be the Vice-President, ifsuch number be a majority of the whole number of electors appointed,and if no person have a majority, then from the two highest numbers onthe list, the Senate shall choose the Vice-President; a quorum for the pur-pose shall consist of two thirds of the whole number of Senators, and amajority of the whole number shall be necessary to a choice. But no per-son constitutionally ineligible to the office of President shall be eligible tothat of Vice-President of the United States.

AMENDMENT 13. SLAVERY ABOLISHED (1865) Passed by CongressJanuary 31, 1865. Ratified December 6, 1865.

Note: A portion of Article 4, Section 2, of the Constitution was super-seded by the Thirteenth Amendment.

Constitutional Insight Amendment 12How did the election of 1800 lead to theTwelfth Amendment? The election ended in atie vote between the Republican runningmates. The election was decided in Jefferson’sfavor on the House’s 36th ballot. Almost imme-diately Alexander Hamilton and others designedan amendment that established that the presi-dential electors would vote for both a presiden-tial and a vice-presidential candidate. Thisamendment prevents a repeat of the problemexperienced in the 1800 election.

CRITICAL THINKINGWhy is the Twelfth Amendment important?


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ELECTION REFORMA new wave of electoral reformefforts was triggered by the con-troversial presidential election of2000, in which George W. Bush’snarrow victory over Al Gore leftmany Americans questioning thesystem in which a candidate canlose the popular vote but win theelection.

Eliminating or reworking the electoral college has been histori-cally the most frequently proposedconstitutional amendment. Otherreform proposals have includedimproving access to polling placesby allowing voting on weekendhours or making Election Day anational holiday. Still other propos-als would modernize inaccuratepolling and counting machines orreplace them with computer sta-tions or online voting.

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Constitutional Insight Amendment 14,Section 1 Which personal status takes pri-ority—that of U.S. citizen or that of state citi-zen? The Fourteenth Amendment firmly notesthat Americans are citizens of both the nationand the states but that no state can “abridgethe privileges or immunities” of U.S. citizens,deprive them “of life, liberty, or property, with-out due process of law,” or deny them “equalprotection of the laws.” What does it mean to have “equal protectionof the laws”? Equal protection means thatthe laws are to be applied to all persons in thesame way. The legal system may discriminatebetween persons—treat them differently, orunequally—if there are relevant reasons to doso. For example, a person’s income and num-ber of dependants are relevant for how muchincome tax the person should pay; a person’sgender is not. The Supreme Court’s 1954decision in Brown v. Board of Education ofTopeka (see page 914), which declared segre-gated public schools unconstitutional, wasbased on an Equal Protection claim; a child’srace is not a relevant reason for the state toassign that child to a particular school.

CRITICAL THINKINGDo you agree or disagree with the SupremeCourt’s decision that separate educationalfacilities are unequal? Explain your position.


SECTION 1 Neither slavery nor involuntary servitude, except as a punish-ment for crime whereof the party shall have been duly convicted, shallexist within the United States, or any place subject to their jurisdiction.

SECTION 2 Congress shall have power to enforce this article by appropri-ate legislation.

AMENDMENT 14. CIVIL RIGHTS (1868) Passed by Congress June 13,1866. Ratified July 9, 1868.

Note: Article 1, Section 2, of the Constitution was modified by Section 2of the Fourteenth Amendment.

SECTION 1 All persons born or naturalized in the United States, and sub-ject to the jurisdiction thereof, are citizens of the United States and of thestate wherein they reside. No state shall make or enforce any law whichshall abridge the privileges or immunities of citizens of the United States;nor shall any state deprive any person of life, liberty, or property, withoutdue process of law; nor deny to any person within its jurisdiction the equalprotection of the laws.

SECTION 2 Representatives shall be apportioned among the several statesaccording to their respective numbers, counting the whole number of per-sons in each state, excluding Indians not taxed. But when the right tovote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the executiveand judicial officers of a state, or the members of the legislature thereof, isdenied to any of the male inhabitants of such state, being twenty-oneyears of age, and citizens of the United States, or in any way abridged,except for participation in rebellion, or other crime, the basis of represen-tation therein shall be reduced in the proportion which the number ofsuch male citizens shall bear to the whole number of male citizens twen-ty-one years of age in such state.

SECTION 3 No person shall be a Senator or Representative in Congress, orelector of President and Vice-President, or hold any office, civil or military,under the United States, or under any state, who, having previously takenan oath, as a member of Congress, or as an officer of the United States, oras a member of any state legislature, or as an executive or judicial officerof any state, to support the Constitution of the United States, shall haveengaged in insurrection or rebellion against the same, or given aid or com-fort to the enemies thereof. But Congress may, by a vote of two thirds ofeach house, remove such disability.

SECTION 4 The validity of the public debt of the United States, autho-rized by law, including debts incurred for payment of pensions and boun-ties for services in suppressing insurrection or rebellion, shall not be ques-tioned. But neither the United States nor any state shall assume or payany debt or obligation incurred in aid of insurrection or rebellion againstthe 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.

SECTION 5 The Congress shall have power to enforce, by appropriate leg-islation, the provisions of this article.

The lawyers who successfully challengedsegregation in the Brown v. Board ofEducation case in 1954 included (left to right)George E. C. Hayes, Thurgood Marshall, andJames M. Nabrit, Jr.

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AMENDMENT 15. RIGHT TO VOTE (1870) Passed by CongressFebruary 26, 1869. Ratified February 3, 1870.

SECTION 1 The right of citizens of the United States to vote shall not bedenied or abridged by the United States or by any state on account ofrace, color, or previous condition of servitude.

SECTION 2 The Congress shall have power to enforce this article byappropriate legislation.

AMENDMENT 16. INCOME TAX (1913) Passed by Congress July 12,1909. Ratified February 3, 1913.

Note: Article 1, Section 9, of the Constitution was modified by theSixteenth Amendment.

The Congress shall have power to lay and collect taxes on incomes,from whatever source derived, without apportionment among the severalstates, and without regard to any census or enumeration.

AMENDMENT 17. DIRECT ELECTION OF SENATORS (1913) Passed byCongress May 13, 1912. Ratified April 8, 1913.

Note: Article 1, Section 3, of the Constitution was modified by theSeventeenth Amendment.

CLAUSE 1 The Senate of the United States shall be composed of twoSenators from each state, elected by the people thereof, for six years; andeach Senator shall have one vote. The electors in each state shall havethe qualifications requisite for electors of the most numerous branch ofthe state legislatures.

CLAUSE 2 When vacancies happen in the representation of any state inthe Senate, the executive authority of such state shall issue writs of elec-tion to fill such vacancies: Provided, that the legislature of any state mayempower the executive thereof to make temporary appointments untilthe people fill the vacancies by election as the legislature may direct.

CLAUSE 3 This amendment shall not be so construed as to affect theelection or term of any Senator chosen before it becomes valid as part ofthe Constitution.

AMENDMENT 18. PROHIBITION (1919) Passed by Congress December18, 1917. Ratified January 16, 1919. Repealed by Amendment 21.

SECTION 1 After one year from the ratification of this article the manu-facture, sale, or transportation of intoxicating liquors within, the impor-tation thereof into, or the exportation thereof from the United States andall territory subject to the jurisdiction thereof for beverage purposes ishereby prohibited.

SECTION 2 The Congress and the several states shall have concurrentpower to enforce this article by appropriate legislation.

SECTION 3 This article shall be inoperative unless it shall have been rati-fied as an amendment to the Constitution by the legislatures of the sev-eral states, as provided in the Constitution, within seven years from thedate of the submission hereof to the states by the Congress.

Constitutional Insight Amendment 15Can you be denied the right to vote? The Fifteenth Amendment prohibits the UnitedStates or any state from keeping citizens fromvoting because of race or color or because theywere once slaves. However, a person convictedof a crime can be denied the right to vote, ascan someone found to be mentally incompetent.

CRITICAL THINKINGWhy do you think so many people do notexercise the right to vote?

Constitutional Insight Amendment 16How has the ability of Congress to imposetaxes been amended? The SixteenthAmendment permits a federal income tax andin so doing changes Article 1, Section 9,Clause 4, by stating that Congress has thepower to levy an income tax—which is a directtax—without apportioning such a tax amongthe states according to their populations.

CRITICAL THINKINGDo you think Congress should have the powerto impose an income tax on the people of thenation? Explain your answer.

Constitutional Insight Amendment 17How has the way senators are elected beenchanged? The Seventeenth Amendmentchanges Article 1, Section 3, Clause 1, bystating that senators shall be elected by thepeople of each state rather than by the statelegislatures.

CRITICAL THINKING

Why is the direct election of senators by thepeople of each state important?


Federal agents enforcing the EighteenthAmendment prepare to smash containers ofillegal whiskey.

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Constitutional Insight Amendment 19When did women first get the right to vote inthe United States? Women had the right tovote in the state of New Jersey between 1776and 1807. In the late 19th century, somestates and territories began to extend full orlimited suffrage to women. Then, in 1920, theNineteenth Amendment prohibited the UnitedStates or any state from denying women theright to vote.

CRITICAL THINKINGHow does the right of women to vote affectpolitics today?

Constitutional Insight Amendment 20Why is the Twentieth Amendment usuallycalled the “Lame Duck” amendment? A lameduck is a person who continues to hold officeafter his or her replacement has been elected.Such a person is called a lame duck becausehe or she no longer has any strong politicalinfluence. The Twentieth Amendment reducesthe time between the election of a new presi-dent and vice-president in November and theirassumption of the offices, which it sets atJanuary 20 instead of March 4. It also reducesthe time new members of Congress must waitto take their seats from 4 months to about 2months. They are now seated on January 3 fol-lowing the November election. As a result, thelame duck period is now quite short.

CRITICAL THINKINGWhy may the framers have specified a longerlame duck period?

Constitutional Insight Amendment 21What is unique about the Twenty-firstAmendment? Besides being the only amend-ment that explicitly repeals another, it was thefirst, and is so far the only one, to have beenratified by the state convention method out-lined in Article 5. Congress, probably fearingthat state legislatures would not deal swiftlywith the issue of repeal, chose to have eachstate call a special convention to consider theamendment. The strategy worked well, for theelected delegates to the conventions repre-sented public opinion on the issue and ratifiedthe amendment without delay.

CRITICAL THINKINGWhy is it necessary to pass anotheramendment to revoke or remove an existingamendment?


AMENDMENT 19. WOMAN SUFFRAGE (1920) Passed by Congress June 4, 1919. Ratified August 18, 1920.

CLAUSE 1 The right of citizens of the United States to vote shall not bedenied or abridged by the United States or by any state on account of sex.

CLAUSE 2 Congress shall have power to enforce this article by appropri-ate legislation.

AMENDMENT 20. “LAME DUCK” SESSIONS (1933) Passed by CongressMarch 2, 1932. Ratified January 23, 1933.

Note: Article 1, Section 4, of the Constitution was modified by Section 2of this amendment. In addition, a portion of the Twelfth Amendmentwas superseded by Section 3.

SECTION 1 The terms of the President and Vice-President shall end atnoon on the 20th day of January, and the terms of Senators andRepresentatives at noon on the 3rd day of January, of the years in whichsuch terms would have ended if this article had not been ratified; and theterms of their successors shall then begin.

SECTION 2 The Congress shall assemble at least once in every year, andsuch meeting shall begin at noon on the 3rd day of January, unless theyshall by law appoint a different day.

SECTION 3 If, at the time fixed for the beginning of the term of thePresident, the President elect shall have died, the Vice-President elect shallbecome President. If a President shall not have been chosen before thetime fixed for the beginning of his term, or if the President elect shallhave failed to qualify, then the Vice-President elect shall act as Presidentuntil a President shall have qualified; and the Congress may by law pro-vide for the case wherein neither a President elect nor a Vice-Presidentelect shall have qualified, declaring who shall then act as President, or themanner in which one who is to act shall be selected, and such person shallact accordingly until a President or Vice-President shall have qualified.

SECTION 4 The Congress may by law provide for the case of the death ofany of the persons from whom the House of Representatives may choose aPresident 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 Senatemay choose a Vice-President whenever the right of choice shall havedevolved upon them.

SECTION 5 Sections 1 and 2 shall take effect on the 15th day of Octoberfollowing the ratification of this article.

SECTION 6 This article shall be inoperative unless it shall have been ratifiedas an amendment to the Constitution by the legislatures of three fourthsof the several states within seven years from the date of its submission.

AMENDMENT 21. REPEAL OF PROHIBITION (1933) Passed by CongressFebruary 20, 1933. Ratified December 5, 1933.

SECTION 1 The eighteenth article of amendment to the Constitution ofthe United States is hereby repealed.

SECTION 2 The transportation or importation into any state, territory, orpossession of the United States for delivery or use therein of intoxicatingliquors, in violation of the laws thereof, is hereby prohibited.

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SECTION 3 This article shall be inoperative unless it shall have been rati-fied as an amendment to the Constitution by conventions in the severalstates, as provided in the Constitution, within seven years from the dateof the submission hereof to the states by the Congress.

AMENDMENT 22. LIMIT ON PRESIDENTIAL TERMS (1951) Passed byCongress March 21, 1947. Ratified February 27, 1951.

SECTION 1 No person shall be elected to the office of the President morethan twice, and no person who has held the office of President, or actedas President, for more than two years of a term to which some other per-son was elected President shall be elected to the office of the Presidentmore than once. But this article shall not apply to any person holdingthe office of President when this article was proposed by the Congress,and shall not prevent any person who may be holding the office ofPresident, or acting as President, during the term within which this arti-cle becomes operative from holding the office of President or acting asPresident during the remainder of such term.

SECTION 2 This article shall be inoperative unless it shall have been rati-fied as an amendment to the Constitution by the legislatures of threefourths of the several states within seven years from the date of its sub-mission to the states by the Congress.

AMENDMENT 23. VOTING IN DISTRICT OF COLUMBIA (1961) Passedby Congress June 17, 1960. Ratified March 29, 1961.

SECTION 1 The district constituting the seat of government of theUnited States shall appoint in such manner as Congress may direct:

A number of electors of President and Vice-President equal to thewhole number of Senators and Representatives in Congress to which thedistrict would be entitled if it were a state, but in no event more than theleast populous state; they shall be in addition to those appointed by thestates, but they shall be considered, for the purposes of the election ofPresident and Vice-President, to be electors appointed by a state; andthey shall meet in the district and perform such duties as provided bythe twelfth article of amendment.


AMENDMENT 24. ABOLITION OF POLL TAXES (1964) Passed byCongress August 27, 1962. Ratified January 23, 1964.

SECTION 1 The right of citizens of the United States to vote in any pri-mary or other election for President or Vice-President, for electors forPresident or Vice-President, or for Senator or Representative in Congress,shall not be denied or abridged by the United States or any state by rea-son of failure to pay any poll tax or other tax.


AMENDMENT 25. PRESIDENTIAL DISABILITY, SUCCESSION (1967)Passed by Congress July 6, 1965. Ratified February 10, 1967.

Note: Article 2, Section 1, of the Constitution was affected by theTwenty-fifth Amendment.

Constitutional Insight Amendment 23Why were residents of the District ofColumbia without a vote in presidential elec-tions? First, the district was merely an idea atthe time the Constitution was written. Second,no one expected the district to include manyresidents. Third, the framers designed theelectoral college on a state framework. By1960, however, the fact that nearly 800,000Americans living in the nation’s capital couldnot vote in presidential elections was anembarrassment. The Twenty-third Amendmentgives Washington, D.C., residents the right tovote in presidential elections by assigningthem electoral votes.

CRITICAL THINKINGDo you think the District of Columbia shouldbe made a separate state?

Constitutional Insight Amendment 24Why was the poll tax an issue importantenough to require an amendment? The polltax was used in some places to preventAfrican-American voters—at least the manywho were too poor to pay the tax—from parti-cipating in elections. As the civil rightsmovement gained momentum, the abuse of thepoll tax became a major issue, but the nationalgovernment found it difficult to change thesituation because the constitutional provisionsin Article 1, Section 4, leave the qualificationsof voters in the hands of the states. The Twenty-fourth Amendment changed this by prohibitingthe United States or any state from includingpayment of any tax as a requirement for voting.

CRITICAL THINKINGWhat impact do you think the Twenty-fourthAmendment has had on elections?


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CONGRESSIONAL TERMLIMITS

In 1995, the Supreme Courtstruck down all state laws limitingcongressional terms, stating thatthey were unconstitutional. TheCourt ruled that only a constitutionalamendment—such as the Twenty-second, which limits the presidentto two terms—could impose termlimits on members of Congress.

Proposed constitutional amend-ments for Congressional term limitswere defeated in Congress in 1995and in 1997.

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SECTION 1. In case of the removal of the President from office or of hisdeath or resignation, the Vice-President shall become President.

SECTION 2 Whenever there is a vacancy in the office of the Vice-President, the President shall nominate a Vice-President who shall takeoffice upon confirmation by a majority vote of both houses of Congress.

SECTION 3 Whenever the President transmits to the President pro tem-pore of the Senate and the Speaker of the House of Representatives hiswritten declaration that he is unable to discharge the powers and duties ofhis office, and until he transmits to them a written declaration to the con-trary, such powers and duties shall be discharged by the Vice-President asActing President.

SECTION 4 Whenever the Vice-President and a majority of either theprincipal officers of the executive departments or of such other body asCongress may by law provide, transmit to the President pro tempore ofthe Senate and the Speaker of the House of Representatives their writtendeclaration that the President is unable to discharge the powers and dutiesof his office, the Vice-President shall immediately assume the powers andduties of the office as Acting President.

Thereafter, when the President transmits to the President pro temporeof the Senate and the Speaker of the House of Representatives his writtendeclaration that no inability exists, he shall resume the powers and dutiesof his office unless the Vice-President and a majority of either the princi-pal officers of the executive department[s] or of such other body asCongress may by law provide, transmit within four days to the Presidentpro tempore of the Senate and the Speaker of the House of Representativestheir written declaration that the President is unable to discharge the pow-ers and duties of his office. Thereupon Congress shall decide the issue,assembling within forty-eight hours for that purpose if not in session. Ifthe Congress, within twenty-one days after receipt of the latter writtendeclaration, or, if Congress is not in session, within twenty-one days afterCongress is required to assemble, determines by two thirds vote of bothhouses that the President is unable to discharge the powers and duties ofhis office, the Vice-President shall continue to discharge the same asActing President; otherwise, the President shall resume the powers andduties of his office.

AMENDMENT 26. 18-YEAR-OLD VOTE (1971) Passed by CongressMarch 23, 1971. Ratified July 1, 1971.

Note: Amendment 14, Section 2, of the Constitution was modified bySection 1 of the Twenty-sixth Amendment.

SECTION 1 The right of citizens of the United States, who are eighteenyears of age or older, to vote shall not be denied or abridged by the UnitedStates or by any state on account of age.


AMENDMENT 27. CONGRESSIONAL PAY (1992) Proposed by CongressSeptember 25, 1789. Ratified May 7, 1992.

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

Constitutional Insight Amendment 26Why was the Twenty-sixth Amendmentpassed? Granting 18-year-olds the right tovote became an issue in the 1960s, duringthe Vietnam War, when people questioned thejustice of requiring 18-year-old men to submitto the military draft but refusing them the rightto vote. In 1970, Congress passed a votingrights act giving 18-year-olds the right to votein elections. When the constitutionality of thisact was challenged, the Supreme Court decid-ed that states had to honor the 18-year-oldvote for congressional and presidential elec-tions but could retain higher age requirementsfor state and local elections. To avoid confu-sion at the polls, the Twenty-sixth Amendmentwas passed. It guarantees 18-year-olds theright to vote in national and state elections.

CRITICAL THINKINGDo you think 18-year-olds should have theright to vote? Why or why not?

Constitutional Insight Amendment 27How long did it take to ratify this amend-ment? Although the Twenty-seventhAmendment was one of the 12 amendmentsproposed in 1789 as part of the Bill of Rights,it was not ratified until 1992. This amend-ment, which deals with congressional compen-sation, allows the members of Congress toincrease Congressional pay, but delays theincrease until after a new Congress is seated.

CRITICAL THINKINGDo you think members of Congress should beable to vote themselves a pay increase?Explain your answer.

(above) President Richard M. Nixon signs theTwenty-sixth Amendment to the Constitution,adopted in 1971.

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