An important question was raised at the Constitutional Convention: Should the Articles of Confederation be revised or should a new constitution be written? You know the answer to that question. A new constitution was written. To this day it continues to be the law upon which the framework of our government is based.

The Constitution was intended to be the fundamental law of the nation. It was planned to take care of the basic needs of the people for many years to come. Its writers recognized that, with the passing of time, changing conditions would require additional laws for the country. They, therefore, wrote the Constitution in a way which they believed would give Congress enough power

to pass these laws without the need for a change in the Constitution. Nonetheless, they recognized that, as the nation grew, changes might also be needed in the fundamental law. To allow for this possibility, Article V was included in the Constitution. It describes the methods by which the Constitution may be amended.

Under the Articles of Confederation, amendments required approval by all of the states. A weakness of the Articles was that all of the states would never agree to needed changes. The writers of the Constitution made the amending process easier, and, at the same time, slow enough to allow for careful thought.

Amendments to the Constitution may be proposed by a two-thirds vote of both Houses of Congress, or by a national convention called by Congress at the request of two-thirds of the state legislatures. Amendments must be ratified by the legislatures of three-fourths of the states, or by special conventions in three-fourths of the states.

The Constitution was signed over 175 years ago. By 1791 the people had approved the original ten amendments. Since that time only 15 amendments have been added to the Constitution.

The Constitution gives Congress the general authority to make all laws that may be necessary for carrying out its legislative powers. This general authority makes the Constitution flexible. Laws passed by Congress under this authority have broadened the Constitution and have given it new meaning and growth by placing into effect its provisions.

However, no Federal or state law can last if it conflicts with the Constitution. It is the responsibility of the Supreme Court of the United States to determine whether a law conflicts or agrees with the Constitution. Court decisions interpreting the Constitution for this purpose have given added meaning to its provisions, and have also enabled it to grow without amendment.

Certain methods and practices have become a part of the American tradition. The methods by which political parties select persons to run for national offices are not set forth in the Constitution or a Federal law. Yet, these and other practices and customs help to make the Constitution's plan of government work and, in effect, are part of its unwritten growth.

The Constitution is the "supreme law of the land" and has survived because it is flexible and can, when necessary, be amended by the people to meet changing times.

You have read about the early growth of the Constitution, the Bill of Rights. This chapter tells how the Constitution continued to grow. It discusses Amendments 11 to 25 and explains why they were added.

DISCUSS:

Why has the Constitution of the United States survived?

MEETING NEW WORDS: abolished: Did away with confiscates: Takes by authority for public use defines: Says clearly

due process of law: Regular legal steps assuring a fair hearing in accordance with the law flexible: Not rigid; capable of taking care of new and different situations as they arise interpretations: Explanations; the meanings given to something

original: The first in order or point of time; the first in existence

political reform: Improvement in the ideas and conditions of government

precedent: Something that may serve as a guide for later actions or decisions previous: Earlier; gone before

principle: General rule or idea that can be used as a foundation for other rules or plans reflecting: Showing; indicating session: Meeting; period of meetings social reform: Improvement in the ideas of health, living conditions, and welfare of the people

suffrage: The right to vote

AS YOU READ

1. Find out which amendments gave the right to vote to more people.

2. Look for the amendment that changed an amendment.

GROWTH OF THE CONSTITUTION The Bill of Rights, which expresses the principle that the purpose of government is to protect the rights and liberties of the individual, has also grown since it was added to the Constitution in 1791. While the words of these first ten amendments remain unchanged, interpretations in court decisions have given them their fullest meanings to meet new conditions in the passing years.

Other amendments have been added to the Constitution as the need for them was expressed by the people. There are now 25 amendments to the Constitution, each reflecting a need of its time.

Amendments 11 to 25 are described below with an explanation of how they came into being. Amendment 11-Power to Sue States (1795)

A state may not be sued in a Federal court by a citizen of another state or by a citizen of a foreign country. A person who has a claim against a state must bring his action in a court of that state.

The Supreme Court upheld the right of two citizens of South Carolina to sue Georgia in a Federal court for property confiscated by Georgia. The states believed that it was not proper for citizens of one state to sue another state in a Federal court. When this amendment was ratified, the Supreme Court's decision became ineffective.

Amendment 12-Method of Electing President and Vice President (1804) Electors must cast separate ballots for the President and the Vice President.

The Constitution provided for the election of the President and the Vice President by electors. Each elector voted for two persons on a single ballot. The person who received the most votes became President and the person who received the next high

est number of votes became Vice President. In the election of 1800, there was a tie between Thomas Jefferson and Aaron Burr. The members of the House of Representatives had to vote to decide between the two men. They finally chose Jefferson. This amendment made it impossible for such a situation to occur again.

Amendment 13-Slavery Abolished (1865)

There shall be no slavery in the United States. Amendment 14-Citizenship Defined (1868)

All persons born or naturalized in the United States are citizens of the United States. No state can limit the privileges of citizens or take away their life, liberty, or property rights without due process of law.

Amendment 15-Right to Vote (1870) No citizen of the United States shall be denied the right to vote because of race, color, or previous condition of servitude.

Amendments 13, 14, and 15 deal with the status of slaves, and limit the power of the states. They are sometimes called the "National Supremacy Amendments" because they established the supremacy of the nation over the states in the matters described by the amendments. The Civil War, or the War Between the States, was fought to determine whether or not slavery would end and the states would remain united under the Constitution. In 1865, after 4 years of bitter struggle, the war ended and all slaves were freed. These three amendments grew out of this war. Congress was given the power to pass laws enforcing them.

No amendments were added to the Constitution for more than 40 years. Then, in the space of 7 years, four amendments were ratified. These are sometimes called the "Progressive Amendments" because they reflect the spirit of political and social reform in the early 20th century.

Amendment 16-Tax on Incomes (1913)

Congress shall have the power to tax incomes without dividing such taxes among the states, and without regard to population.

elected to a new Congress could not arrive in time for the opening session in December. As a result they did not take office until another session began a year later. In the meantime persons previously elected continued to make the laws. These lawmakers soon became known as "lame ducks" because they had lost the election.

This amendment abolished the “lame duck sessions" of Congress by changing the date on which the sessions of Congress should begin. It allowed the new Congress to begin at an earlier date to carry out the wishes of the people. The amendment also set January 20th, rather than March 4th, as the date for the inauguration of the President.

Amendment 21-Prohibition Ends (1933)

Amendment 18 is repealed. The carrying of intoxicating liquors into a state in violation of its laws continues to be prohibited.

Unlike other amendments, this one required ratification by state conventions, rather than by state legislatures. This requirement allowed each voter to express his own opinion on prohibition in the most direct manner.

Amendment 22-President Limited to Two Terms in Office (1951)

No person shall be elected to the office of President more than twice.

The Constitution did not limit the number of terms a President could serve. Washington set a two-term precedent. Franklin D. Roosevelt upset this precedent when he was elected in 1940 for a third term, and in 1944 for another term. This amendment established by law the two-term precedent.

Amendment 23-Voting Rights for Residents of the District of Columbia (1961)

Provides that the District shall appoint electors of the President and the Vice President.

Formerly, residents of the nation's capital could not vote in Presidential elections because the Constitution made no provision for electors in the District. These citizens wanted the same voting rights enjoyed by other citizens of the nation. They worked hard to have the Constitution amended and finally succeeded.

Amendment 24-Poll Tax Prohibited in Federal Elections (1964)

Provides that neither the United States nor any state can deny a citizen the right to vote in a primary or other election held for the purpose of choosing the President, the Vice President, or members of the Congress because he has not paid a poll tax or other tax.

Formerly, citizens living in a few states were not allowed to vote in such primaries or elections held within these states, unless they had first paid a sum of money called a poll tax. Now they are able to do so without paying the tax.

Amendment 25-Presidential Disability Defined (1967)

Provides that the Vice President shall become Acting President in the event of the President's illness or disability, and specifies how the President's disability shall be determined. Amendment also provides a method for filling the office of Vice President whenever there is a vacancy in that office.

The Constitution provides that the duties and powers of the President shall pass on to the Vice President in case of removal from office, or the death, resignation, or inability of the President to discharge the powers and duties of his office, but does not specify how that disability shall be determined. This amendment provides that the Vice President shall become Acting President under either one of two circumstances. It also provides that a new Vice President can be nominated by the President, and shall take office upon confirmation by a majority vote of both Houses of Congress. Formerly, if the Vice Presi