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Tag: John Marshall

Amending the Constitution: 100 Days to 200 Years

The Constitution hasn’t changed much since it was adopted in 1787.

However, it has been tweaked by 27 amendments—some were ratified in a few months, another took more than two centuries.

The ink on the Constitution had barely dried in 1787 when people discovered what it did not say. It did not spell out adequately, they argued, the individual rights that citizens of the United States had under the Constitution.

So James Madison, the “father of the Constitution” and a member of the House of Representatives from Virginia, went to work.

The result: 12 amendments. They were approved by Congress in late 1789 and sent to the 13 states for ratification, which, then as now under the Constitution, required three-quarters of the state legislatures or constitutional conventions.

Twelve? Yes, but only ten (originally numbers three through 12), known to us all today as the Bill of Rights, were approved. It took 811 days to ratify those ten, and they became part of the Constitution on December 15, 1791. Each December 15, we observe Bill of Rights Day.

The proposed first amendment, dealing with congressional apportionment, has never been ratified. The proposed second amendment, dealing with congressional pay, was approved by the Michigan and New Jersey legislatures on the same day in 1992—more than 202 years after Congress submitted it to the 13 states. By 1992, … [ Read all ]

Eight myths about the Constitution

Constitution Day is September 17. We’ve got events, programs, and activities at National Archives locations across the United States.

Pundits, candidates, and party activists like to cite the Constitution of the United States as the moral and legal backing for whatever they’re proposing. Or they say that something an opponent proposes is unconstitutional.

But the Constitution is silent on a lot of things you probably thought it said. Here are eight examples.

The President can veto a proposed amendment to the Constitution.

No. He has nothing to do with the amendments. Congress can propose an amendment with a two-thirds vote of both houses, or a Constitutional Convention can be called by a vote of two-thirds of the state legislatures. However, once the amendment is proposed either by Congress or a convention, it must be ratified by three-fourths of the state legislatures.

Only one amendment, the 21st Amendment, which repealed Prohibition (the 18th Amendment), was ratified by conventions in the states.

The “Founding Fathers” who wrote the Declaration of Independence in 1776 are the same men who wrote the Constitution in 1787.

Only five individuals signed both of these two founding documents. They were George Clymer, Benjamin Franklin, Robert Morris, George Read, and Roger Sherman. Some of the famous signers of the Declaration were elsewhere when the Constitution was being written. Thomas Jefferson was in France … [ Read all ]