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On May 4, 1789, two months into the first session of the First Federal Congress, James Madison had announced to the House of Representatives that he intended to propose amendments that would guarantee basic civil rights.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
1. The Bill of Rights: Analyze and explain what each one of the first ten amendments means to you personally. You can find the Bill of Rights online.
The Congress' reluctance to consider amendments to the Constitution was probably, at least in part, due to the fact that dozens of amendments had been proposed in the various state ratifying conventions. By considering any amendments, members of Congress were likely afraid that nothing else would be accomplished until all of the proposed amendments were considered and voted upon. Madison, however, studied all of the proposed amendments, discarded ones he found distasteful, consolidated similar amendments and pared the list down to just ten. By a two-thirds majority in each house, the Congress formally proposed Madison's ten amendments along with two others. They were then sent to the states for ratification and ten of the proposed amendments were ratified and, thereby, became part of the Constitution. The first ten amendments are often referred to as the Bill of Rights.
While, beginning with the 18th Amendment, the Congress has established a seven year time limit on the ratification of amendments, there was no time limit set on the ratification of amendments proposed before that time. One of the original twelve proposed amendments was not ratified until 1992, two-hundred and three years after it was proposed by the First Congress. Upon ratification, it became the to the Constitution.
Three Amendments, the , and Amendments, were proposed and ratified shortly after the Civil War and were aimed at extending civil rights and liberties to former slaves. Another five amendments, the , , , , and Amendments have made changes in terms or methods of electing Presidents, Vice-Presidents and Senators. Four amendments, the , , and (the can also be included in this category) expanded the number of persons eligible to vote in national elections. Two amendments, the , which prohibited the consumption of alcohol, and the , canceled each other out
Why haven't there been more amendments to the Constitution? In large part, credit for the absence of more amendments can be given to the ingenuity of the Framers and the flexibility they built into the document. As has been noted, in many instances the Constitution was left intentionally vague, leaving particular aspects of the document for future generations to interpret.
However, once the First Congress was in session, most of its members were more interested in getting down to the "business of government" than they were in considering amendments to the Constitution. Indeed, if not for James Madison's persistence, repeatedly rising on the House floor to urge the House to consider the promised Constitutional amendments, it is unlikely that the First Congress would have considered them at all.
Limitation on the Size of the House
One of the original Amendments proposed by Madison, it would have limited the number of House members to not more than one per 50,000 citizens (the current ratio is approximately 1:600,000).
Equal Rights Amendment (ERA)
Stated that "Equality of rights under the law shall not be denied or abridged . . . on account of sex." Failed to win support of 3/4 of the state legislatures.
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.
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