Understanding the US Constitution
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A Nutshell, Plain-English, Version of the Constitution and Amendments
The U.S. Constitution is described as a "living document", which essentially means it a dynamic document that is broad enough to grow as the nation has grown and continues to grow.
In 1787 George Washington presided over a convention of delegates from 12 of the 13 original states. No delegate from Rhode Island was present. The session, which began in May and ended in September, resulted in a draft of the Constitution. That draft consisted of the preamble and seven articles.
The document would go into effect in after it had been ratified by 9 or the 13 states. New Hampshire was the ninth state to ratify the document (June, 1788); and the Constitution went into effect in March, 1789.
Text of the brief preamble follows:
"We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."
The 7 Articles: Each Article involves a different part of the government, and each is broken down into sections, which address sub-topics under a main topic.
Article I addresses the powers of the Legislative branch of the US government, as well as laws governing its make-up and structure.
Article II address the powers of the Executive branch of the US government, as well as laws governing the office of the presidency, election to that office, and "all things Executive Branch".
Article III addresses the Judicial branch of the government. This includes Federal courts, the Supreme Court, and matters relating to the Federal government, such as the dealing with the crime of treason.
Article IV addresses the states. It is the Article that covers "full faith and credit" among the states, privileges of citizens, establishment of new states, laws governing extradiction, and other individual-state-related issues.
Article V addresses ways that the Consitution can be amended.
Article VI addresses the following three points, relating to the Federal government and the Constitution, itself.
1. Debts contracted under the confederation secured. (Relates to debts that occurred before the Constitution went into effect.)
2. Constitution, laws, and treaties of the United States to be supreme.
3. Who shall take constitutional oath; no religious test as to official qualification.
Article VII relates to the ratification of the Constitution.
Amendments I through X were ratified in 1791. Commonly thought of as the Bill of Rights, the ten amendments include:
I: Freedom of religion, freedom of speech, freedom of the press, and freedom to petition.
II. Right to bear arms.
III. Quartering of troops.
IV. Freedom from unreasonable searches and seizures of homes and individuals.
V. Trials for crimes and compensation when the government takes private property for public use.
VI. Civil rights for trials in crimes enumerated.
VII. Civil rights in civil suits.
VIII. Prohibits excessive bail, fines, and punishments.
IX. Reserved rights of the people.
X. Powers not delegated ( "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")
Brief summaries of what is addressed by Amendments XI through XXVII follow. More complete information is available at http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html (or by searching, "list of amendments to US Constitution):
XI: Amends Article III, Section II and involves judicial power
XII: Amends a portion of Article II, Section I and involves electing the president and vice president.
XIII: Amends a portion of Article IV, Section II and prohibits slavery and involuntary servitude (except as punishment for those tried and convicted of crimes).
XIV: Section 1 involves citizenship and rights, and states that no state shall deprive any citizen of rights, liberty, or property without due process.
Section 2 involves the apportioning of representation and voting, as well as laws relating
Section 3 relates to government officials engaging in insurrection or rebellion against US government.
Section 4 relates to the public debt and essentially states that debt incurred to suppress insurrection or rebellion shall not be questioned; but that debts incurred in the aid of insurrection or rebellion; or debts claimed as a result of emancipation of slaves; would be considered illegal and void.
XV: States that no citizen will be denied the right to vote because race, color, or previous servitude and that Congress has the right to enforce this amendment by appropriate legislation.
XVI: Amends Article I, Section 9 and relates to the power to collect taxes on income or other sources.
XVII: Amends Article I, Section 3 and relates to electing/appointing senators, terms, and having two senators per state, each having one vote.
XVIII: Prohibits the manufacture, sale, and transportation (within, to, and from) the US of intoxicating lliquors. Repealed by the 21st amendment.
XIX: States that the right to vote shall not be abridged because of a person's sex.
XX: Involves the start and end of the president's term, as well as how it is handled when a president has died.
XXI: Repeals the prohibition of intoxicating liquors
XXII: Relates to limiting the number of terms a president can serve
XXIII: Relates to appointing electors of the president and vice president.
XXIV: Relates to the right to vote in a primary election and failure to pay poll or other taxes.
XXV: Amends Article II, Section 1 and addresses removal of, resignation by, or death of a president and the process by which a vice president assumes the role of president.
XXVI: Modifies Amendment XIV, Section 2 and addresses and relates to the rights of citizens 18 years of age and older, not being prohibited from voting because of age.
XXVII: Addresses the process by which changes in compensation of members of Congress may be made.
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Comments
Thanks for the kind words.
I think that you are neglecting certain nuances that are important in the first and second amendments. The first amendment doesn't give freedom of religion - it gives you the freedom to choose your religion without government interference. There is nothing in there that necessarily seperates church and state - which is a claim lost of people make about the first amendment.
The second amendment is the most misunderstood amendment in history. It does not provide a right to bear arms. It provides a right to a well regulated militia. Over the years, this has become interpreted as a right to bear arms. However, the actual text of the amendment states that there is a right to a well regulated militia. It was not until District of COlumbia vs. Heller that the US Supreme Court decided that self defense, and the right of an individual to bear arms, is implicit in this amendment. Legally, it remains unclear whether this interpretation applies to the states under the incorporation clause in the 14th Amendment. This is because it was D.C., and not a state, that was in contention in the Heller case. If it was a state that had brought the suit, the 14th amendment would require it to be incorporated into the laws of the other states.
Anyways, those are just a few thoughts.
Thanks for those thoughts. They're excellent clarifications, and if anyone "out there" has more to add that may be useful, all the better. I'm kind of smiling as I'm now thinking about how I should have put a warning at the top of the the hub: "Warning. This hub is not intended as a substitute for a real history book or class."
The more such thoughts/comments, the better for this particular hub; because my aim was to offer a quickie run-down on the most basic structure and ideas of the document (maybe as a memory-jogger for people long out of school, or as a starting point for someone interested in something like "which amendment relates to what"). Although the hub was written in response to a request, I chose to keep it "nutshell" with the idea that it may be useful for someone like a student who has lost ground in history class and may benefit from just getting "the basics".
Also, I chose simplified language because I thought it may be easier for people not born in an English-speaking country to read. There are new citizens and soon-to-be citizens who may struggle with the English language and find the language in the Constitution difficult to understand.
Again, helpful comments, additions, and clarifications are welcomed and appreciated.
From the perspective of someone who has spent a lifetime defending it against all enemies foreign and domestic, You've done a great hub!
Hmrjmr1, thank you for your kind words and for defending it against all enemies foreign and domestic. Although I'm not in the position to do much, I, too, try to my small part in defending it.
Good information, Lisa.
I believe nwunderlich does misunderstand the meaning of the 2nd. I always find it amusing when someone (or the ACLU) doesn't disagree the Bill of Rights enumerates the rights of the people until they reach the 2nd, and they skip that one because of the militia verbiage.
The misunderstanding is usually because they don't consider or prefer to ignore the usage of that word in the language commonly used during the time the document was written. There was no standing army and "militia" was every capable man. The purpose was for the common defense as well as it being an individual civil right, but I certainly do not mean to turn your hub into a debate, my intent being rather to offer some alternate facts on the issue.
Jeffrey, thank you for taking the time to contribute.
MrMarmalade says:
14 months ago
You have given me a better understanding on this subject.
Thank you