It is imperative that we as Americans remember how far it took to get to where we are now and think twice before attempting to change this text that is the Constitution to fit our own whims and ideas.
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Leaving a comment is also the best way to reach the management team of ConstitutionUS. Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. Article 7 of the Constitution Summary. Table of Contents. Please leave this field empty. Leaving a comment is the best way to voice your opinion about the constitution or other matters.
Virginia Marbury v. Madison McCulloch v. Maryland Miller v. California Miranda v. Arizona Near v. Minnesota Perry v. Schwarzenegger Powell v. Alabama Regents of the University of California v. Bakke Roper v. Simmons Schenck v. United States Terry v. Ohio Texas v. Johnson Tinker v. Des Moines United States v. Most essays face the challenge of describing in words interpretive debates about provisions of continuing importance such as the First Amendment or Article II.
Our challenge, it might be thought, is to find words to write about a provision that had its principal effect at the time of the Constitution and generated no interpretive controversy even at that time.
The text of Article VII declares that the Constitution shall become the official law of the ratifying states when nine states ratified the document. When New Hampshire became the ninth state to ratify on June 21, , the Constitution became good law.
End of story. But actually there are a surprisingly large number of things to say about Article VII. The controversies over Article VII that occurred during the ratification process were over the substance of the mandated ratification process, not over what the text actually mandated. The main dispute between Anti-Federalists and Federalists was whether the new Constitution could lawfully be ratified by nine states.
As such, critics complained, the process of ratifying the Constitution was illegal. Federalists responded in a variety of ways. Other Federalists argued that the sovereign people were free to decide to abandon any feature of a failed constitution, even provisions for constitutional change. James Madison in The Federalist No. The decision was in part based on the principle that the Constitution should be an act of the people rather than the legislature.
In particular, if the Constitution was to take priority over legislative decisions, it had to derive from a different source. Yet, the decision to employ the people did not take the modern form of a popular vote by referendum, but instead of a special convention elected by the people.
In this area, as with federal legislation and constitutional amendments, the Constitution employs representational democracy rather than direct democracy. The use of state legislatures also reflected pragmatic concerns. The proposed Constitution would take power away from the state legislatures, which generated the fear that those legislatures might delay or defeat ratification of the Constitution. One of the biggest defects of the Articles was the difficulty the nation had in securing amendments, with a single state often blocking them.
The Constitution chose instead to require ratification by nine of the thirteen states, which ensured a consensus but without allowing a small number of states, Rhode Island in particular, to block the new Constitution. Article VII came to be viewed as having important implications for federalism and secession. Chief Justice Marshall in McCulloch v. The conventions occurred at the state level, according to Marshall, merely because of historical practice and convenience.
When these states attempted to secede, they often did so by having a convention adopt a provision repealing their prior ratification of the Constitution under Article VII. Thus, these states viewed the Article VII ratification as an act of the people of the state that could be repealed. And deputy from Virginia.
New Hampshire John Langdon. Nicholas Gilman. Massachusetts Nathaniel Gorham. Rufus King. Connecticut Wm. Roger Sherman. New York Alexander Hamilton. New Jersey Wil: Livingston. David Brearley. Pennsylvania B Franklin. Thomas Mifflin.
Robt Morris. Jared Ingersoll. James Wilson. Gouv Morris. Delaware Geo: Read. Gunning Bedford jun. John Dickinson. Richard Bassett. Jaco: Broom. Maryland James McHenry. Dan of St. Danl Carroll. Virginia John Blair—. James Madison Jr. North Carolina Wm.
Dobbs Spaight. Hu Williamson. South Carolina J. Charles Cotesworth Pinckney. Charles Pinckney. Pierce Butler. Georgia William Few. Abr Baldwin. Attest William Jackson Secretary. 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, being 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.
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 —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.
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