Constitution Day, September 17: A Refresher

Constitution Day: September 17th -- A refresher from Paracord Paul.

It’s been a while since I was in school. I do know that back then, we were taught the grand history of our country—the good and the bad. Now, it’s clear this is no longer taught; therefore, many citizens have no idea or appreciation of what a wonder and miracle the Constitution is.

Constitution Refresher

Constitution Day, celebrated on September 17 in the United States, marks the anniversary of the signing of the U.S. Constitution in 1787. This day is important for several reasons:

  • Foundation of the U.S. Government: The Constitution is the supreme law of the land and the foundation of the U.S. system of government. It established the framework for the federal government and outlined the separation of powers into the legislative, executive, and judicial branches.
  • Protection of Rights: The Constitution and the Bill of Rights guarantee fundamental freedoms and protections for all citizens. These include freedom of speech, religion, and the right to a fair trial, protecting citizens from government overreach.
  • Democratic Principles: The Constitution enshrines the principles of democracy, including popular sovereignty, the rule of law, and checks and balances. It reflects the values of self-governance and the belief that power comes from the people.
  • Endurance and Adaptability: The U.S. Constitution is one of the oldest written national constitutions still in use today. Its adaptability, through the amendment process, has allowed it to remain relevant while addressing new challenges over centuries.
  • Education and Civic Awareness: Constitution Day reminds citizens to reflect on their rights and responsibilities. It promotes education about the Constitution and the importance of civic engagement in preserving democratic governance.

In essence, Constitution Day celebrates the enduring principles of freedom, justice, and governance established by the U.S. Constitution and highlights the importance of active participation in maintaining a democratic society.

Why was it amended?

The U.S. Constitution has been amended to address changing societal needs, correct issues in the original document, expand rights and ensure the government remains responsive to its citizens. Here are the primary reasons for amending the Constitution:

Expanding Rights and Liberties

When the Constitution was first drafted, many amendments were made to expand individual rights and freedoms, often to include marginalized groups. For example:

  • The Bill of Rights (1791): The first ten amendments were added almost immediately after the Constitution was ratified to guarantee fundamental rights like freedom of speech, religion, and the right to a fair trial.
  • 13th, 14th, and 15th Amendments (1865–1870): These were added after the Civil War to abolish slavery (13th), grant citizenship and equal protection under the law (14th), and protect voting rights regardless of race (15th).

Correcting Issues or Gaps

Some amendments were designed to correct flaws or gaps in the original text:

  • 12th Amendment (1804): This changed the process of electing the President and Vice President after flaws were discovered in the original system during the election of 1800, which led to a tie.
  • 22nd Amendment (1951): This was passed to limit the President to two terms in office after Franklin D. Roosevelt was elected to four consecutive terms, addressing concerns about concentrated executive power.

Modernizing Governance

As society evolved, amendments were necessary to modernize government functions and make the system more efficient:

  • 17th Amendment (1913): It allowed for the people’s direct election of U.S. Senators rather than being selected by state legislatures, giving citizens more control over their representatives.
  • 25th Amendment (1967): This clarified the process of presidential succession and disability, ensuring continuity of government in cases where the President cannot fulfill their duties.

Expanding Democratic Participation

Some amendments have been made to enhance democratic participation and ensure fairer representation:

  • 19th Amendment (1920): It granted women the right to vote, expanding democratic participation to half the population.
  • 26th Amendment (1971): It lowered the voting age from 21 to 18, recognizing that young people, particularly those drafted for military service, should have a say in political decisions.

Addressing Social Change

Social movements and changing norms often led to constitutional amendments:

  • 18th Amendment (1919): This introduced Prohibition, banning the production and sale of alcohol in response to temperance movements.
  • The 21st Amendment (1933) repealed the 18th Amendment, ending Prohibition after it became clear that the ban was unenforceable and led to widespread illegal activity.

Why Amendments are Important and How it Works:

  • Adaptability: Amendments allow the Constitution to be a living document that can evolve with changing times without needing to be rewritten entirely.
  • Democratic Mechanism: The amendment process ensures that significant changes to the nation’s fundamental law require broad consensus, reflecting the will of both federal and state governments.

Amending the U.S. Constitution requires a two-step process involving proposal and ratification. An amendment can be proposed by a two-thirds vote in the House and Senate or by a Constitutional Convention called by two-thirds of state legislatures.

Once proposed, it must be ratified by three-fourths of state legislatures or special state ratifying conventions, depending on the method chosen. While the President plays no formal role, Congress can impose time limits for ratification. This rigorous process ensures that amendments have broad national support and reflect the will of both federal and state governments.

The Constitution was amended to address flaws, expand rights, adapt to social and political changes, and ensure that the U.S. government remains flexible and responsive to its people’s needs.

Amendments to the U.S. Constitution pass through a formal process outlined in Article V of the Constitution. This process ensures that any changes to the foundational document have broad support across the nation. There are two steps: proposal and ratification. Here’s how the process works:

Step 1: Proposal of an Amendment

An amendment can be proposed in one of two ways:

  1. Congressional Proposal (Most Common Method):
    • Two-thirds vote in the House of Representatives and the Senate is required to propose an amendment.
    • This is the most common method (all 27 amendments have been proposed this way).
  2. Constitutional Convention (Never Used):
    • Two-thirds of state legislatures (34 states) can call for a Constitutional Convention to propose amendments.
    • This method has never been used, but states can bypass Congress if there is broad agreement that an amendment is needed.

Step 2: Ratification of an Amendment

Once proposed, the amendment must be ratified by the states. There are two methods for ratification:

  1. State Legislatures (Most Common Method):
    • Three-fourths of state legislatures (38 states) must approve the amendment.
    • This method is used for most amendments, including the Bill of Rights and others, such as the 19th Amendment (women’s suffrage) and the 26th Amendment (lowering the voting age to 18).
  2. State Ratifying Conventions (Rare Method):
    • Special state ratifying conventions can be called, and three-fourths of these conventions must approve the amendment.
    • This method was only used once—for the 21st Amendment (which repealed Prohibition)—because Congress wanted a quicker process than relying on state legislatures.

Important Points to Note:

  • No Presidential Role: Unlike laws, proposed constitutional amendments do not require the President’s signature or veto. The President has no formal role in the amendment process.
  • Time Limit: Congress can set a time limit for the ratification of an amendment, as it did with the Equal Rights Amendment (ERA), which originally had a 7-year deadline, later extended to 10 years. However, this amendment has yet to be fully ratified.

Overview of the Process:

  1. Proposal:
    • Congress: Two-thirds vote in both houses.
    • OR: Two-thirds of state legislatures call for a Constitutional Convention.
  2. Ratification:
    • State legislatures: Three-fourths of state legislatures approve.
    • OR: State ratifying conventions: Three-fourths of the conventions approve.

Examples of the Process:

  • 27th Amendment (1992): This amendment deals with congressional pay raises, was proposed in 1789 but wasn’t ratified until over 200 years later! It shows that while most amendments are ratified quickly, there’s no strict time limit unless Congress sets one.
  • Prohibition (18th and 21st Amendments): The 18th Amendment, which started Prohibition, was proposed by Congress and ratified by state legislatures. The 21st Amendment, which repealed it, was ratified by state conventions.

In short, amendments pass through a deliberate and challenging process that requires broad national consensus, ensuring that constitutional changes reflect the will of the federal government and the states.

Protecting YOUR Fundamental Rights

After reading the above, you probably realize how far our government and many representatives have strayed from this founding document’s principles and guardrails—all for power.

The U.S. Constitution is both important and unique because it establishes the foundational framework for the country’s government, protecting fundamental rights and liberties while balancing powers across the legislative, executive, and judicial branches.

Its ability to adapt through the amendment process has allowed it to remain relevant over centuries, responding to changing social, political, and cultural needs. As the longest-standing written national constitution, it embodies principles of democracy, popular sovereignty, and the rule of law, ensuring that power derives from the people and that their rights are safeguarded from government overreach.

Boy, have we strayed…

The above is not taught in our government school system, and many don’t know what they don’t know. Why not share this page widely to help others understand the Constitution’s importance to our freedoms at a time when they are slipping away?