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Tag: John Marshall

Amending the Constitution: 100 Days to 200 Years

After his victory in the 1904 election, President Theodore Roosevelt promised that although his first term had lasted only three years (beginning after the assassination of President William McKinley in 1901), he would adhere to the two-term precedent established by George Washington. Yet by 1912, convinced that only his progressive leadership would save the Repbulican party, Roosevelt announced his candidacy. Roosevelt contended that he had only promised to refuse a third consecutive term. Berryman shows Roosevelt attempting to dodge the anti-third term principle as he crouches before Washington's ghost. Not until 1951, after Franklin Roosevelt's four terms in office, did Congress enact the XXII Amendment to the Constitution, officially limiting Presidents to two terms (NAtional Archives Identifier 306175)

After his victory in the 1904 election, President Theodore Roosevelt promised that although his first term had lasted only three years (beginning after the assassination of President William McKinley in 1901), he would adhere to the two-term precedent established by George Washington. Yet by 1912, Roosevelt announced his candidacy. Not until 1951, after Franklin Roosevelt’s four terms in office, was the 22nd Amendment ratified, officially limiting Presidents to two terms (National Archives Identifier 306175)

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 … [ Read all ]

Eight myths about the Constitution

Only 5 men signed both the Constitution and the Declaration of Independence. One of the was Benjamin Franklin (National Archives Identifier 532849)

Only 5 men signed both the Constitution and the Declaration of Independence. One of them was Benjamin Franklin. (National Archives Identifier 532849)

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 … [ Read all ]