The constitution itself is divided into three main parts, the preamble, seven articles and amendments. The preamble or introduction outlines the main purpose of the U.S. Constitution and why it was necessary. The preamble explains why the Constitution was drafted and what its main objectives hope to achieve. The most important part of the preamble consists of the first three words: “We, the people. that indicate where our government gets its authority from, people who are governed. The Constitution of the United States was created by the people of a nation, not by a monarchy ruled by a distant tyrannical king. The U.S. Constitution is exceptionally difficult to amend. As stated in article V, the Constitution can be amended in two fundamental ways. First, the amendment can be made by a two-thirds vote of the House and Senate, followed by ratification by three-quarters of the various state legislators or conventions in three-quarters of the states (ratification by thirty-eight states would be required to ratify an amendment today).

This first method of amendment is the only one used so far, and in all cases except the case of the 21st Amendment, ratification by states has taken place in legislators rather than state conventions. Second, the Constitution could be amended by a convention convened for that purpose by two-thirds of state legislators if proposed amendments to the convention are subsequently ratified by three-quarters of state legislators (or conventions in three-fourths of states). The Constitution of the United States is the supreme law of the United States of America. Written in 1787, ratified in 1788 and entered into force in 1789. The constitution remains the oldest preserved written government charter in the world. Originally composed of a short preamble and seven articles on just four handwritten pages, the Constitution outlines the framework of the U.S. federal government. The Court has repeatedly considered the validity of constitutional amendments.

It is important to note that the Court considered that the method of proposal and ratification, as well as the constitutionality of the object of the amendment, were a justiciable – and therefore “political” – issue. In Hawke v Smith (1920), for example, the Court upheld Ohio`s ratification of the Eighteenth Amendment because of objections that the Ohio Constitution provided for a referendum on the question by voters, which could have overturned the ratification of the amendment by the Ohio legislature. The Court concluded that the federal Article V law, which specifically provides for ratification by state legislatures, anticipates conflicting ratification procedures between states. Also in the National Prohibition cases (1920), the Court generally upheld the validity of the Eighteenth Amendment, rejecting arguments that the prohibition on the distribution and possession of liquor was a constitutionally impermissible subject for constitutional amendment. The Constitution was created to deal with problems related to its predecessor, the Articles of Confederation. The articles ratified in 1781 had established a “strong alliance of friendship” between the states and transferred most of the powers to a Congress of the Confederacy. However, this power was extremely limited. More importantly, the central government itself could not raise funds without budgetary power.

Instead, it depended entirely on the states to get the money to operate. Moreover, the requirement for a unanimous vote by Congress on every important decision has resulted in a government that is often paralyzed and largely ineffective. James Madison, Alexander Hamilton and John Jay laid out an eloquent defense of the new Constitution in the so-called Federalist Papers. The 85 articles that make up the Federalist Papers were published anonymously in The Independent Journal and The New York Packet as Publius between October 1787 and August 1788, and are to this day an invaluable source for understanding some of the authors` intentions for the Constitution. The best-known articles are No. 10, which warns of the dangers of factions and advocates a great republic, and No. 51, which explains the structure of the constitution, its separation of powers and how it protects the rights of the people. Link Constitution of the United States Online: Constitutional Amendments This website contains a list of proposed but not ratified amendments, as well as a list of proposed amendments recently introduced in Congress. According to Article III, the judiciary must interpret laws. Or, as Chief Justice John Marshall said, “say what the law is.” Although it does not describe the nature of the judiciary, Article III has been interpreted by the Supreme Court as giving the judiciary the power to declare acts of Congress or the President unconstitutional. This provision, known as “judicial review,” gives U.S. federal courts much more power than in other countries.

However, the power of unelected judges to legally repeal laws in a democracy remains one of the most contentious issues in American government and politics. · Article IV – Defines the rules and relations between the states James Madison introduced 12 amendments to the First Congress in 1789. Ten of them would become what we now consider to be the Bill of Rights. One never passed, while another, dealing with congressional salaries, was not ratified until 1992, when it became the 27th Amendment. Based on the Virginia Bill of Rights, the English Bill of Rights, the Enlightenment Scriptures, and the rights defined in the Magna Carta, the Bill of Rights contains rights that many now consider fundamental to America. The Constitution defines the Basic Law of the United States federal government, establishes the three main branches of the federal government, and describes their responsibilities. It has become the founding legal document of the Western world and is the oldest written national constitution currently in force. The constitution has been amended 27 times, most recently in 1992, although more than 11,000 amendments have been proposed since 1789.

In Article V, the founders established a procedure for amending the Constitution. In order to avoid arbitrary changes, the change process has been designed in a fairly elaborate manner. Amendments may be proposed by a two-thirds majority of both houses of Congress or, if two-thirds of the States so request, by a convention convened for that purpose. The changes must then be ratified by three-quarters of state legislators or three-quarters of the conventions to be ratified in each state. To date, the Constitution has only been amended 27 times, including the first 10 amendments that include the Bill of Rights. One amendment, the 21st Amendment, repealed the 18th Amendment, which had ushered in the prohibition period in the United States by prohibiting the production, sale and transportation of alcohol. The founders also established a procedure by which the constitution can be amended, and since its ratification, the constitution has been amended 27 times. In order to avoid arbitrary changes, the amendment procedure is quite complex. An amendment may be proposed by a two-thirds majority of both houses of Congress or, if two-thirds of the States so request, by a convention convened for that purpose. The amendment must then be ratified by three-quarters of state legislators or three-quarters of the conventions convened for ratification in each state.

In modern times, changes have traditionally set a timetable within which this must be achieved, usually a period of several years. In addition, the Constitution states that no amendment may deny equal representation in the Senate to a state without the consent of that state. Even after the authors signed the Constitution on September 17, 1787, they still faced the difficult task of convincing the American people to accept it. Even not all designers agreed. Only 39 of the 55 delegates to the Constitutional Convention signed the final document. The people were divided into two early political factions: the federalists, who supported the ratification of the constitution, and the anti-federalists, who opposed it.