US Constitution - Scans, Amendements, Signers - A Stan Klos Website
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Ratifying the Constitution...
On September 17, 1787, the document was signed and sent to
Congress, which soon forwarded printed copies to the state legislatures. Then
began the great debate. Madison, Hamilton, and Jay wrote the brilliant
Federalist Papers. George Mason, Elbridge Gerry, and Patrick Henry led the Anti-federalists in opposing it. Others joined in the argument, in pamphlets,
articles, speeches, and letters. By June 21, 1788, conventions in nine states
later approved it. Thus the States, which had so recently gained their
independence, gave up some of their hard-won sovereignty "in Order to form
a more perfect Union."
Image: James Madison was not only the preeminent figure at the
convention
but also played a leading role in the ratification process.
The Signers of the U. S. Constitution
Federalist Papers
Constitutional Amendment
The authority to amend the Constitution
of the United States is derived from Article
V of the Constitution. After Congress proposes an amendment, the Archivist
of the United States, who heads the National Archives and Records Administration
(NARA), is charged with responsibility for administering the ratification
process under the provisions of 1
U.S.C. 106b. The Archivist has delegated many of the ministerial duties
associated with this function to the Director of the Federal Register. Neither
Article V of the Constitution nor section 106b describe the ratification process
in detail. The Archivist and the Director of the Federal Register follow
procedures and customs established by the Secretary of State, who performed
these duties until 1950, and the Administrator of General Services, who served
in this capacity until NARA assumed responsibility as an independent agency in
1985.
The Constitution provides that an amendment may be proposed either by the
Congress with a two-thirds majority vote in both the House of Representatives
and the Senate or by a constitutional convention called for by two-thirds of the
State legislatures. None of the 27 amendments to the Constitution have been
proposed by constitutional convention. The Congress proposes an amendment in the
form of a joint resolution. Since the President does not have a constitutional
role in the amendment process, the joint resolution does not go to the White
House for signature or approval. The original document is forwarded directly to
NARA's Office of the Federal Register (OFR) for processing and publication. The
OFR adds legislative history notes to the joint resolution and publishes it in
slip law format. The OFR also assembles an information package for the States
which includes formal "red-line" copies of the joint resolution,
copies of the joint resolution in slip law format, and the statutory procedure
for ratification under 1 U.S.C. 106b.
The Archivist submits the proposed amendment to the States for their
consideration by sending a letter of notification to each Governor along with
the informational material prepared by the OFR. The Governors then formally
submit the amendment to their State legislatures. In the past, some State
legislatures have not waited to receive official notice before taking action on
a proposed amendment. When a State ratifies a proposed amendment, it sends the
Archivist an original or certified copy of the State action, which is
immediately conveyed to the Director of the Federal Register. The OFR examines
ratification documents for facial legal sufficiency and an authenticating
signature. If the documents are found to be in good order, the Director
acknowledges receipt and maintains custody of them. The OFR retains these
documents until an amendment is adopted or fails, and then transfers the records
to the National Archives for preservation.
A proposed amendment becomes part of the Constitution as soon as it is
ratified by three-fourths of the States (38 of 50 States). When the OFR verifies
that it has received the required number of authenticated ratification
documents, it drafts a formal proclamation for the Archivist to certify that the
amendment is valid and has become part of the Constitution. This certification
is published in the Federal Register and U.S. Statutes at Large and serves as
official notice to the Congress and to the Nation that the amendment process has
been completed.
In a few instances, States have sent official documents to NARA to record
the rejection of an amendment or the rescission of a prior ratification. The
Archivist does not make any substantive determinations as to the validity of
State ratification actions, but it has been established that the Archivist's
certification of the facial legal sufficiency of ratification documents is final
and conclusive.
In recent history, the signing of the certification has become a
ceremonial function attended by various dignitaries, which may include the
President. President Johnson signed the certifications for the 24th and 25th
Amendments as a witness, and President Nixon similarly witnessed the
certification of the 26th Amendment along with three young scholars. On May 18,
1992, the Archivist performed the duties of the certifying official for the
first time to recognize the ratification of the 27th Amendment, and the Director
of the Federal Register signed the certification as a witness.
Links to Constitutional Amendment Information in the Treasures of
Congress Exhibit
Amendments to the Constitution
CONSTITUTION OF THE UNITED STATES ARTICLES IN ADDITION TO, AND AMENDMENT
OF, THE CONSTITUTION OF THE UNITED STATES OF AMERICA, PROPOSED BY CONGRESS, AND
RATIFIED BY THE LEGISLATURES OF THE SEVERAL STATES, PURSUANT TO THE FIFTH
ARTICLE OF THE ORIGINAL CONSTITUTION
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of
the press; or the right of the people peaceably to assemble, and to petition the
Government for a redress of grievances.
A well regulated Militia, bei necessary to the security of a free State, the
right of the people to keep and bear Arms, shall not be infringed.
No Soldier shall, in time of peace be quartered in any house, without the
consent of the Owner, nor in time of war, but in a manner to be prescribed by
law.
The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated, and
no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.
No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a Grand Jury, except in cases arising
in the land or naval forces, or in the Militia, when in actual service in time
of War or public danger; nor shall any person be subject for the same offence to
be twice put in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private property be taken for
public use, without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein the
crime shall have been committed, which district shall have been previously
ascertained by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the Assistance of
Counsel for his defence.
In Suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by a
jury, shall be otherwise re-examined in any Court of the United States, than
according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted.
The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to
the people.
The Judicial power of the United States shall not be construed to extend to
any suit in law or equity, commenced or prosecuted against one of the United
States by Citizens of another State, or by Citizens or Subjects of any Foreign
State.
The Electors shall meet in their respective states, and vote by ballot for
President and Vice-President, one of whom, at least, shall not be an inhabitant
of the same state with themselves; they shall name in their ballots the person
voted for as President, and in distinct ballots the person voted for as
Vice-President, and they shall make distinct lists of all persons voted for as
President, and of all persons voted for as Vice-President, and of the number of
votes for each, which lists they shall sign and certify, and transmit sealed to
the seat of the government of the United States, directed to the President of
the Senate;--The President of the Senate shall, in the presence of the Senate
and House of Representatives, open all the certificates and the votes shall then
be counted;--The person having the greatest number of votes for President, shall
be the President, if such number be a majority of the whole number of Electors
appointed; and if no person have such majority, then from the persons having the
highest numbers not exceeding three on the list of those voted for as President,
the House of Representatives shall choose immediately, by ballot, the President.
But in choosing the President, the votes shall be taken by states, the
representation from each state having one vote; a quorum for this purpose shall
consist of a member or members from two-thirds of the states, and a majority of
all the states shall be necessary to a choice. And if the House of
Representatives shall not choose a President whenever the right of choice shall
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 or other
constitutional disability of the President.<3>
--The person having the greatest number of votes as Vice-President, shall be the
Vice-President, if such number be a majority of the whole number of Electors
appointed, and if no person have a majority, then from the two highest numbers
on the list, the Senate shall choose the Vice-President; a quorum for the
purpose shall consist of two-thirds of the whole number of Senators, and a
majority of the whole number shall be necessary to a choice. But no person
constitutionally ineligible to the office of President shall be eligible to that
of Vice-President of the United States.
Section 1.
Neither slavery nor involuntary servitude, except as a punishment for
crime whereof the party shall have been duly convicted, shall exist within the
United States, or any place subject to their jurisdiction.
Section 2.
Congress shall have power to enforce this article by appropriate
legislation.
Section 1.
All persons born or naturalized in the United States, and subject to the
jurisdiction thereof, are citizens of the United States and of the State wherein
they reside. No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any State
deprive any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2.
Representatives shall be apportioned among the several States according to
their respective numbers, counting the whole number of persons in each State,
excluding Indians not taxed. But when the right to vote at any election for the
choice of electors for President and Vice President of the United States,
Representatives in Congress, the Executive and Judicial officers of a State, or
the members of the Legislature thereof, is denied to any of the male inhabitants
of such State, being twenty-one years of age,<4>
and citizens of the United States, or in any way abridged, except for
participation in rebellion, or other crime, the basis of representation therein
shall be reduced in the proportion which the number of such male citizens shall
bear to the whole number of male citizens twenty-one years of age in such State.
Section 3.
No person shall be a Senator or Representative in Congress, or elector of
President and Vice President, or hold any office, civil or military, under the
United States, or under any State, who, having previously taken an oath, as a
member of Congress, or as an officer of the United States, or as a member of any
State legislature, or as an executive or judicial officer of any State, to
support the Constitution of the United States, shall have engaged in
insurrection or rebellion against the same, or given aid or comfort to the
enemies thereof. But Congress may by a vote of two-thirds of each House, remove
such disability.
Section 4.
The validity of the public debt of the United States, authorized by law,
including debts incurred for payment of pensions and bounties for services in
suppressing insurrection or rebellion, shall not be questioned. But neither the
United States nor any State shall assume or pay any debt or obligation incurred
in aid of insurrection or rebellion against the 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 legislation, the
provisions of this article.
-
Section 1.
The right of citizens of the United States to vote shall not be denied or
abridged by the United States or by any State on account of race, color, or
previous condition of servitude.
Section 2.
The Congress shall have power to enforce this article by appropriate
legislation.
-
The Congress shall have power to lay and collect taxes on incomes, from
whatever source derived, without apportionment among the several States, and
without regard to any census or enumeration.
-
The Senate of the United States shall be composed of two Senators from each
State, elected by the people thereof, for six years; and each Senator shall have
one vote. The electors in each State shall have the qualifications requisite for
electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate,
the executive authority of such State shall issue writs of election to fill such
vacancies: Provided, That the legislature of any State may empower the
executive thereof to make temporary appointments until the people fill the
vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term
of any Senator chosen before it becomes valid as part of the Constitution.
-
Section 1.
After one year from the ratification of this article the manufacture,
sale, or transportation of intoxicating liquors within, the importation thereof
into, or the exportation thereof from the United States and all territory
subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Section 2.
The Congress and the several States shall have concurrent power to enforce
this article by appropriate legislation.
Section 3.
This article shall be inoperative unless it shall have been ratified as an
amendment to the Constitution by the legislatures of the several States, as
provided in the Constitution, within seven years from the date of the submission
hereof to the States by the Congress.
The right of citizens of the United States to vote shall not be denied or
abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate
legislation.
Section 1.
The terms of the President and Vice President shall end at noon on the
20th day of January, and the terms of Senators and Representatives at noon on
the 3d day of January, of the years in which such terms would have ended if this
article had not been ratified; and the terms of their successors shall then
begin.
Section 2.
The Congress shall assemble at least once in every year, and such meeting
shall begin at noon on the 3d day of January, unless they shall by law appoint a
different day.
Section 3.
If, at the time fixed for the beginning of the term of the President, the
President elect shall have died, the Vice President elect shall become
President. If a President shall not have been chosen before the time fixed for
the beginning of his term, or if the President elect shall have failed to
qualify, then the Vice President elect shall act as President until a President
shall have qualified; and the Congress may by law provide for the case wherein
neither a President elect nor a Vice President elect shall have qualified,
declaring who shall then act as President, or the manner in which one who is to
act shall be selected, and such person shall act accordingly until a President
or Vice President shall have qualified.
Section 4.
The Congress may by law provide for the case of the death of any of the
persons from whom the House of Representatives may choose a President 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 Senate may choose a Vice President whenever
the right of choice shall have devolved upon them.
Section 5.
Sections 1 and 2 shall take effect on the 15th day of October following
the ratification of this article.
Section 6.
This article shall be inoperative unless it shall have been ratified as an
amendment to the Constitution by the legislatures of three-fourths of the
several States within seven years from the date of its submission.
-
Section 1.
The eighteenth article of amendment to the Constitution of the United
States is hereby repealed.
Section 2.
The transportation or importation into any State, Territory, or possession
of the United States for delivery or use therein of intoxicating liquors, in
violation of the laws thereof, is hereby prohibited.
Section 3.
This article shall be inoperative unless it shall have been ratified as an
amendment to the Constitution by conventions in the several States, as provided
in the Constitution, within seven years from the date of the submission hereof
to the States by the Congress.
Section 1.
No person shall be elected to the office of the President more than twice,
and no person who has held the office of President, or acted as President, for
more than two years of a term to which some other person was elected President
shall be elected to the office of the President more than once. But this Article
shall not apply to any person holding the office of President when this Article
was proposed by the Congress, and shall not prevent any person who may be
holding the office of President, or acting as President, during the term within
which this Article becomes operative from holding the office of President or
acting as President during the remainder of such term.
Section 2. This article shall be inoperative unless
it shall have been ratified as an amendment to the Constitution by the
legislatures of three-fourths of the several States within seven years from the
date of its submission to the States by the Congress.
Section 1.
The District constituting the seat of Government of the United States
shall appoint in such manner as the Congress may direct:
-
- A number of electors of President and Vice President equal to the whole
number of Senators and Representatives in Congress to which the District
would be entitled if it were a State, but in no event more than the least
populous State; they shall be in addition to those appointed by the States,
but they shall be considered, for the purposes of the election of President
and Vice President, to be electors appointed by a State; and they shall meet
in the District and perform such duties as provided by the twelfth article
of amendment.
Section 2.
The Congress shall have power to enforce this article by appropriate
legislation.
-
Section 1.
The right of citizens of the United States to vote in any primary or other
election for President or Vice President, for electors for President or Vice
President, or for Senator or Representative in Congress, shall not be denied or
abridged by the United States or any State by reason of failure to pay any poll
tax or other tax.
Section 2.
The Congress shall have power to enforce this article by appropriate
legislation.
Section 1.
In case of the removal of the President from office or of his death 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 take office upon
confirmation by a majority vote of both Houses of Congress.
Section 3.
Whenever the President transmits to the President pro tempore of the
Senate and the Speaker of the House of Representatives his written declaration
that he is unable to discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary, such powers and duties
shall be discharged by the Vice President as Acting President.
Section 4.
Whenever the Vice President and a majority of either the principal
officers of the executive departments or of such other body as Congress may by
law provide, transmit to the President pro tempore of the Senate and the Speaker
of the House of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the Vice President
shall immediately assume the powers and duties of the office as Acting
President.
Thereafter, when the President transmits to the President pro tempore of
the Senate and the Speaker of the House of Representatives his written
declaration that no inability exists, he shall resume the powers and duties of
his office unless the Vice President and a majority of either the principal
officers of the executive department<6>
or of such other body as Congress may by law provide, transmit within four days
to the President pro tempore of the Senate and the Speaker of the House of
Representatives their written declaration that the President is unable to
discharge the powers and duties of his office. Thereupon Congress shall decide
the issue, assembling within forty-eight hours for that purpose if not in
session. If the Congress, within twenty-one days after receipt of the latter
written declaration, or, if Congress is not in session, within twenty-one days
after Congress is required to assemble, determines by two-thirds vote of both
Houses that the President is unable to discharge the powers and duties of his
office, the Vice President shall continue to discharge the same as Acting
President; otherwise, the President shall resume the powers and duties of his
office.
Section 1.
The right of citizens of the United States, who are eighteen years of age
or older, to vote shall not be denied or abridged by the United States or by any
State on account of age.
Section 2.
The Congress shall have power to enforce this article by appropriate
legislation.
No law, varying the compensation for the services of the Senators and
Representatives, shall take effect, until an election of Representatives shall
have intervened.
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