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Advice And Consent

Advice and consent

"Advice and consent" is a power of the United States Senate to be consulted on and approve treaties signed and appointments made by the President of the United States to public positions, including Cabinet secretaries, federal judges, and ambassadors.

Constitutional provision

The term "advise and consent" first appears in the United States Constitution in Article II, Section 2.2 referring to the Senate's role in the signing and ratification of treaties in the United States. The same clause uses the same language to describe the Senate's role in the appointment of public officials The Founding Fathers of the United States included the language as part of a delicate compromise concerning the balance of power in the federal government. Many delegates preferred to develop a strong executive control vested in the President, while others, worried about authoritarian control, prefered to strengthen the Congress. Requiring the President to gain advice and the consent of the Senate achieved both goals without hindering the business of government.

Historical development of power

President George Washington firmly believed that the role of the Senate was to advise the President after the nomination had been made by the President. This notion has developed into the subordination of the "advice" portion of the power through the consolidation of American democracy to the "consent" portion, although several Presidents have consulted informally with Senators over nominations and treaties.

Use today

The actual motion adopted by the Senate when exercising the power is "to advise and consent to," showing how proactive advice on nominations and treaties is not a formal power exercised by the Senate. A majority of Senators are needed to pass a motion "to advice and consent," but a minority of Senators exercising a fillibuster can block the passage of the motion, and thus block a treaty or an appointment.

References

- [http://www.senate.gov/artandhistory/history/common/briefing/Nominations.htm#8 U.S. Senate history on the power to advise and consent] Category:U.S. Constitution Category:United States Senate

United States Senate

] The United States Senate is one of the two chambers of the Congress of the United States, the other being the House of Representatives. In the Senate, each state is equally represented by two members, regardless of population; as a result, the total membership of the body is currently 100. Senators serve for six-year terms that are staggered so elections are held for approximately one-third of the seats (a "class") every second year. The Vice President of the United States is the presiding officer of the Senate but is not a senator and does not vote except to break ties. The Senate is regarded as a more deliberative body than the House of Representatives; the Senate is smaller and its members serve longer terms, allowing for a more collegial and less partisan atmosphere that is somewhat more insulated from public opinion than the House. The Senate has several exclusive powers enumerated in the Constitution not granted to the House; most significantly, the President cannot ratify treaties or make important appointments without the "Advice and Consent" of the Senate The Framers of the Constitution created a bicameral Congress out of a desire to have two houses to check each other. One house was intended to be a "people's house" that would be very sensitive to public opinion. The other house was intended to a more reserved, more deliberate forum of elite wisdom. The Constitution provides that the approval of both chambers is necessary for the passage of legislation. The exclusive powers enumerated to the Senate in the Constitution are regarded as more important than those exclusively enumerated to the House. As a result, the responsibilities of the Senate (the "upper house") are more extensive than those of the House of Representatives (the "lower house"). The Senate of the United States was named after the ancient Roman Senate. The chamber of the United States Senate is located in the north wing of the Capitol building, in Washington, D.C., the national capital. The House of Representatives convenes in the south wing of the same building.

History

Under the Articles of Confederation, Congress was a unicameral body in which each state was equally represented. The inefficacy of the federal government under the Articles led Congress to summon a Constitutional Convention in 1787; all states except Rhode Island agreed to send delegates. Many delegates called for a second Congressional chamber, modeled on the House of Lords (the aristocratic upper house of the British Parliament). For example, John Dickinson argued that the second chamber should "consist of the most distinguished characters, distinguished for their rank in life and their weight of property, and bearing as strong a likeness to the British House of Lords as possible." The structure of Congress was one of the most divisive issues facing the Convention. The Virginia Plan called for a bicameral Congress; the lower chamber would be elected directly by the people, and the upper chamber would be elected by the lower chamber. The Virginia Plan was primarily supported by the larger states, as it called for representation based on population in both Chambers. The smaller states, however, favored the New Jersey Plan, which called for a unicameral Congress with equal representation for the states. Eventually, a compromise, known as the Connecticut Compromise or the Great Compromise, was reached; one chamber of Congress (the House of Representatives) would provide proportional representation, whereas the other (the Senate) would provide equal representation. In order to further preserve the authority of the states, it was provided that state legislatures, rather than the people, would elect senators. The Constitution was ratified by the requisite number of states (nine out of the 13) in 1788, but its full implementation was set for March 4, 1789. However, the Senate could not begin work until a majority of the members assembled on April 6 of the same year. The Founding Fathers intended the Senate to be a more stable, deliberative body than the House of Representatives. James Madison described the Senate's purpose as "A necessary fence against...fickleness and passion". George Washington, in answer to a question by Thomas Jefferson, said "we pour legislation into the senatorial saucer to cool it (from The House of Representatives)". The early 19th century was marked by the service of distinguished orators and statesmen such as Daniel Webster, John C. Calhoun, Henry Clay, Stephen A. Douglas and Thomas Hart Benton. The era, however, was also marred by sectional clashes between the free North and the slaveholding South. For most of the first half of the 19th century, a balance between North and South existed in the Senate, as the numbers of free and slave states were equal. Southern senators could often block schemes passed by the House of Representatives, a body dominated by the populous North. Sectional conflict was most pronounced over the issue of slavery, and persisted until the Civil War (1861–1865). The war, which began soon after several southern states declared secession from the Union, culminated in the South's defeat and in the abolition of slavery. The ensuing years of Reconstruction witnessed large majorities for the Republican Party, which many Americans associated with the Union's victory in the Civil War. The efforts of "Radical Republicans" led to the impeachment of Democratic President Andrew Johnson in 1868 for political purposes; the trial ultimately ended in acquittal, with the Senate falling one vote short of the two-thirds majority requisite for conviction. Reconstruction ended in 1877, at approximately the same time as the Gilded Age began. This period was marked by sharp political divisions in the electorate; both the Democrats and the Republicans were in power in the Senate, but neither could obtain large majorities. At the same time the Senate descended into a period of irrelevance that stood in sharp contrast with the pre-Civil War era. Very few senators had long and distinguished careers, with most serving but for a single term. The corruption of state legislatures was also widespread; nine cases of bribery in Senate elections arose between 1866 and 1906. Many individuals, furthermore, perceived the Senate as a bastion of the rich and the elite. Several reformers of the Progressive Era pushed for the direct election of senators by the people, rather than state legislatures; they achieved their objective in 1913 with the ratification of the Seventeenth Amendment. The Amendment ultimately had the result of making senators more responsive to the concerns of voters. Some have argued that, as a result of this amendment, the states have no real representation in Congress, since senators are now directly elected by the people rather than by state legislatures. Others argue that a state is, by definition, one and the same as the citizens thereof, and that both directly elected and appointed senators ultimately represent the people. In the 1910s a Senate leadership structure developed, with Henry Cabot Lodge and John Worth Kern becoming the unofficial leaders of the Republican and Democratic parties, respectively. The Democrats appointed their first official leader, Oscar Underwood, in 1925; the Republicans followed with Charles Curtis in 1925. Initially, the powers of the leaders were very limited, and individual senators—especially the chairmen of important committees—still held more clout. The influence of the party leaders, however, would eventually grow, especially during the tenures of skilled leaders such as Lyndon B. Johnson.

Members and elections

Article One of the Constitution stipulates that each state may elect two senators. The Constitution further stipulates that no constitutional amendment may deprive a state of its equal suffrage in the Senate without the consent of the state concerned. The District of Columbia and territories are not entitled to any representation. As there are presently 50 states, the Senate comprises 100 members. The senator from each state with the longer tenure is known as the "senior senator," and his or her counterpart as the "junior senator"; this convention, however, does not have any special significance. Senators serve for terms of six years each; the terms are staggered so that approximately one-third of the Senate seats are up for election every two years. The staggering of the terms is arranged such that both seats from a given state are never contested in the same general election. Senate elections are held on the first Tuesday after the first Monday in November, Election Day, and coincide with elections for the House of Representatives. Each senator is elected by his or her state as a whole. Generally, the Republican and Democratic parties choose their candidates in primary elections, which are typically held several months before the general elections. Ballot access rules for independent and third party candidates vary from state to state. For the general election, almost all states use the first-past-the-post system, under which the candidate with a plurality of votes (not necessarily an absolute majority) wins. The two exceptions are Louisiana and Washington, which use runoff voting. Once elected, a senator continues to serve until the expiry of his or her term, death, or resignation. Furthermore, the Constitution permits the Senate to expel any member with a two-thirds majority vote to do so. Fifteen members have been expelled in the history of the Senate; 14 of them were removed in 1861 and 1862 for supporting the Confederate secession, which led to the American Civil War. No senator has been expelled since; however, many have chosen to resign when faced with expulsion proceedings (most recently, Bob Packwood in 1995). The Senate has also passed several resolutions censuring members; censure requires only a simple majority and does not remove a senator from office. The Seventeenth Amendment provides that vacancies in the Senate, however they arise, may be filled by special elections. A special election for a Senate seat need not be held immediately after the vacancy arises; instead, it is typically conducted at the same time as the next biennial congressional election. If a special election for one seat happens to coincide with a general election for the state's other seat, then the two elections are not combined, but are instead contested separately. A senator elected in a special election serves until the original six-year term expires, and not for a full term of his or her own. Furthermore, the Seventeenth Amendment provides that any state legislature may empower the Governor to temporarily fill vacancies. The interim appointee remains in office until the special election can be held. All states, with the sole exception of Arizona, have passed laws authorizing the Governor to make temporary appointments. Senators are entitled to prefix "The Honorable" to their names. The annual salary of each senator, as of 2005, is $162,100; the President pro tempore and party leaders receive larger amounts. Analysis of financial disclosure forms by CNN in June 2003 revealed that at least 40 of the then senators were millionaires. In general, senators are regarded as more important political figures than members of the House of Representatives because there are fewer of them, and because they serve for longer terms, represent larger constituencies (except for House at-large districts, which comprise entire states), sit on more committees, and have more staffers. The prestige commonly associated with the Senate is reflected by the background of presidents and presidential candidates; far more sitting senators have been nominees for the presidency than sitting representatives.

Qualifications

Article I, Section 3 of the Constitution sets forth three qualifications for senators: each senator must be at least thirty years old, must have been a citizen of the United States for at least the past nine years, and must be (at the time of the election) an inhabitant of the state he or she represents. The age and citizenship qualifications for senators are more stringent than those for representatives. In Federalist No. 62, James Madison justified this arrangement by arguing that the "senatorial trust" called for a "greater extent of information and stability of character." Furthermore, under the Fourteenth Amendment, any federal or state officer who takes the requisite oath to support the Constitution, but later engages in rebellion or aids the enemies of the United States, is disqualified from becoming a senator. This provision, which came into force soon after the end of the Civil War, was intended to prevent those who sided with the Confederacy from serving. The Amendment, however, provides that a disqualified individual may still serve if two-thirds of both Houses of Congress vote to remove the disability. Under the Constitution, the Senate (not the courts) is empowered to judge if an individual is qualified to serve. During its early years, however, the Senate did not closely scrutinize the qualifications of members. As a result, three individuals that were Constitutionally disqualified due to age were admitted to the Senate: twenty-nine-year-old Henry Clay (1806), and twenty-eight-year-olds Armistead Mason (1816) and John Eaton (1818). Such an occurrence, however, has not been repeated since. In 1934, Rush Holt was elected to the Senate at the age of twenty-nine; he waited until he turned thirty to take the oath of office.

Officers

The party with a majority of seats is known as the majority party; if two or more parties in opposition are tied, the Vice President's affiliation determines which is the majority party. The next-largest party is known as the minority party. The President pro tempore, committee chairmen, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party. The Constitution provides that the Vice President of the United States serves as the President of the Senate and holds a vote which can only be cast to break a tie. By convention, the Vice President presides over very few Senate debates, attending only on important ceremonial occasions (such as the swearing-in of new senators) or at times when his or her vote may be needed to break a tie. The Constitution also authorizes the Senate to elect a President pro tempore (Latin for "temporary president") to preside in the Vice President's absence; the most senior senator of the majority party is customarily chosen to serve in this position. The President pro tempore is currently Senator Ted Stevens (R) of Alaska. Like the Vice President, the President pro tempore does not normally preside over the Senate. Instead, he or she typically delegates the responsibility of presiding to junior senators of the majority party. Frequently, freshmen senators (newly elected members) are allowed to preside so that they may become accustomed to the rules and procedures of the body. The presiding officer sits in a chair in the front of the Senate chamber. The powers of the presiding officer are extremely limited; he or she primarily acts as the Senate's mouthpiece, performing duties such as announcing the results of votes. The Senate's presiding officer controls debates by calling on members to speak; the rules of the Senate, however, compel him or her to recognize the first senator who rises. The presiding officer may rule on any "point of order" (a senator's objection that a rule has been breached), but the decision is subject to appeal to the whole house. Thus, the powers of the presiding officer of the senate are far less extensive than those of the Speaker of the House. Each party elects a senator to serve as floor leader, a position which entails acting as the party's chief spokesperson. The Senate Majority Leader is, furthermore, responsible for controlling the agenda of the Senate; for example, he or she schedules debates and votes. Each party also elects a whip to assist the leader. A whip works to ensure that his or her party's senators vote as the party leadership desires. The Senate is also served by several officials who are not members. The Senate's chief administrative officer is the Secretary of the Senate, who maintains public records, disburses salaries, monitors the acquisition of stationery and supplies, and oversees clerks. The Secretary is aided in his or her work by the Assistant Secretary of the Senate. Another official is the Sergeant-at-Arms, who, as the Senate's chief law enforcement officer, maintains order and security on the Senate premises. The Capitol Police handles routine police work, with the Sergeant-at-Arms primarily responsible for general oversight. Other employees include the Chaplain and Pages.

Procedure

Pages]] Like the House of Representatives, the Senate meets in the United States Capitol in Washington, D.C. At one end of the Chamber of the Senate is a dais from which the Presiding Officer (the Vice President or the President pro Tempore) presides. The lower tier of the dais is used by clerks and other officials. One hundred desks are arranged in the Chamber in a semicircular pattern; the desks are divided by a wide central aisle. By tradition, Democrats sit on the right of the center aisle, while Republicans sit on the left, as viewed from the presiding officer's chair. Each senator chooses a desk on the basis of seniority within his or her party; by custom, the leader of each party sits in the front row. Sittings are normally held on weekdays; meetings on Saturdays and Sundays are rare. Sittings of the Senate are generally open to the public and are broadcast live on television by C-SPAN 2. Senate procedure depends not only on the rules, but also on a variety of customs and traditions. In many cases, the Senate waives some of its stricter rules by unanimous consent. Unanimous consent agreements are typically negotiated beforehand by party leaders. Any senator may block such an agreement, but, in practice, objections are rare. The presiding officer enforces the rules of the Senate, and may warn members who deviate from them. The presiding officer often uses the gavel of the Senate to maintain order. The Constitution provides that a majority of the Senate constitutes a quorum to do business. Under the rules and customs of the Senate, a quorum is always assumed to be present unless a quorum call explicitly demonstrates otherwise. Any senator may request a quorum call by "suggesting the absence of a quorum"; a clerk then calls the roll of the Senate and notes which members are present. In practice, senators almost always request quorum calls not to establish the presence of a quorum, but to temporarily delay proceedings. Such a delay may serve one of many purposes; often, it allows Senate leaders to negotiate compromises off the floor. Once the need for a delay has ended, any senator may request unanimous consent to rescind the Quorum Call. During debates, senators may only speak if called upon by the presiding officer. The presiding officer is, however, required to recognize the first senator who rises to speak. Thus, the presiding officer has little control over the course of debate. Customarily, the Majority Leader and Minority Leader are accorded priority during debates, even if another senator rises first. All speeches must be addressed to the presiding officer, using the words "Mr. President" or "Madam President." Only the presiding officer may be directly addressed in speeches; other Members must be referred to in the third person. In most cases, senators do not refer to each other by name, but by state, using forms such as "the senior senator from Virginia" or "the junior senator from California." There are very few restrictions on the content of speeches; there is no requirement that speeches be germane to the matter before the Senate. The rules of the Senate provide that no senator may make more than two speeches on a motion or bill on the same legislative day. (A legislative day begins when the Senate convenes and ends with adjournment; hence, it does not necessarily coincide with the calendar day.) The length of these speeches is not limited by the rules; thus, in most cases, senators may speak for as long as they please. Often, the Senate adopts unanimous consent agreements imposing time limits. In other cases (for example, for the Budget process), limits are imposed by statute. In general, however, the right to unlimited debate is preserved. The filibuster is a tactic used to defeat bills and motions by prolonging debate indefinitely. A filibuster may entail long speeches, dilatory motions, and an extensive series of proposed amendments. The longest filibuster speech in the history of the Senate was delivered by Strom Thurmond, who spoke for over twenty-four hours in an unsuccessful attempt to block the passage of the Civil Rights Act of 1957. The Senate may end a filibuster by invoking cloture. In most cases, cloture requires the support of three-fifths of the Senate; however, if the matter before the Senate involves changing the rules of the body, a two-thirds majority is required. Cloture is invoked very rarely, particularly because bipartisan support is usually necessary to obtain the required supermajority. If the Senate does invoke cloture, debate does not end immediately; instead, further debate is limited to thirty additional hours unless increased by another three-fifths vote. When debate concludes, the motion in question is put to a vote. In many cases, the Senate votes by voice vote; the presiding officer puts the question, and Members respond either "Aye" (in favor of the motion) or "No" (against the motion). The presiding officer then announces the result of the voice vote. Any senator, however, may challenge the presiding officer's assessment and request a recorded vote. The request may be granted only if it is seconded by one-fifth of the senators present. In practice, however, senators second requests for recorded votes as a matter of courtesy. When a recorded vote is held, the clerk calls the roll of the Senate in alphabetical order; each senator responds when his or her name is called. Senators who miss the roll call may still cast a vote as long as the recorded vote remains open. The vote is closed at the discretion of the presiding officer, but must remain open for a minimum of 15 minutes. If the vote is tied, the Vice President, if present, is entitled to a casting vote. If the Vice President is not present, however, the motion is resolved in the negative. On occasion, the Senate may go into what is called a secret, or closed session. During a closed session, the chamber doors are closed, and the galleries are completely cleared of anyone not sworn to secrecy, not instructed in the rules of the closed session, or not essential to the session. Closed sessions are quite rare, and usually held only under very certain circumstances where the senate is discussing sensitive subject-matter such as information critical to national security, private communications from the President, or even to discuss Senate deliberations during impeachment trials. Any Senator has the right to call a closed session as long as the motion is seconded. Budget bills are governed under a special rule process called "Reconciliation" that disallows filibusters. Reconciliation was devised in 1974 but came into use in the early 1980s.

Committees

Reconciliation The Senate uses committees (as well as their subcommittees) for a variety of purposes, including the review of bills and the oversight of the executive branch. The appointment of committee members is formally made by the whole Senate, but the choice of members is actually made by the political parties. Generally, each party honors the preferences of individual senators, giving priority on the basis of seniority. Each party is allocated seats on committees in proportion to its overall strength. Most committee work is performed by sixteen standing committees, each of which has jurisdiction over a specific field such as Finance or Foreign Relations. Each standing committee may consider, amend, and report bills that fall under its jurisdiction. Furthermore, each standing committee considers presidential nominations to offices related to its jurisdiction. (For instance, the Judiciary Committee considers nominees for judgeships, and the Foreign Relations Committee considers nominees for positions in the Department of State.) Committees have extensive powers with regard to bills and nominees; they may block nominees and impede bills from reaching the floor of the Senate. Finally, standing committees also oversee the departments and agencies of the executive branch. In discharging their duties, standing committees have the power to hold hearings and to subpoena witnesses and evidence. The Senate also has several committees that are not considered standing committees. Such bodies are generally known as select committees or special committees; examples include the Select Committee on Ethics and the Special Committee on Aging. Legislation is referred to some of these committees, though the bulk of legislative work is performed by the standing committees. Committees may be established on an ad hoc basis for specific purposes; for instance, the Senate Watergate Committee was a special committee created to investigate the Watergate scandal. Such temporary committees cease to exist after fulfilling their tasks. Finally, the Congress includes joint committees, which include members of both the Senate and the House of Representatives. Some joint committees oversee independent government bodies; for instance, the Joint Committee on the Library oversees the Library of Congress. Other joint committees serve to make advisory reports; for example, there exists a Joint Committee on Taxation. Bills and nominees are not referred to joint committees. Hence, the power of joint committees is considerably lower than those of standing committees. Each Senate committee and subcommittee is led by a chairman (always a member of the majority party). Formerly, committee chairmanship was determined purely by seniority; as a result, several elderly senators continued to serve as chairmen despite severe physical infirmity or even senility. Now, committee chairmen are in theory elected, but in practice, seniority is very rarely bypassed. The chairman's powers are extensive; he or she controls the committee's agenda, and may prevent the committee from approving a bill or presidential nomination. Modern committee chairmen are typically not forceful in exerting their influence, although there have been some exceptions. The second-highest member, the spokesperson on the committee for the minority party, is known in most cases as the Ranking Member. In the Select Committee on Intelligence and the Select Committee on Ethics, however, the senior minority member is known as the Vice Chairman.

Legislative functions

Most bills may be introduced in either House of Congress. However, the Constitution provides that "All bills for raising Revenue shall originate in the House of Representatives." As a result, the Senate does not have the power to initiate bills imposing taxes. Furthermore, the House of Representatives holds that the Senate does not have the power to originate appropriation bills, or bills authorizing the expenditure of federal funds. Historically, the Senate has disputed the interpretation advocated by the House. However, whenever the Senate originates an appropriations bill, the House simply refuses to consider it, thereby settling the dispute in practice. The constitutional provision barring the Senate from introducing revenue bills is based on the practice of the British Parliament, in which only the House of Commons may originate such measures. Although the Constitution gave the House the power to initiate revenue bills, in practice the Senate is equal to the House in the respects of taxation and spending. As Woodrow Wilson wrote: :[T]he Senate's right to amend [revenue bills] has been allowed the widest possible scope. The upper house may add to them what it pleases; may go altogether outside of their original provisions and tack to them entirely new features of legislation, altering not only the amounts but even the objects of expenditure, and making out of the materials sent them by the popular chamber measures of an almost totally new character. The approval of both the Senate and the House of Representatives is required for any bill, including a revenue bill, to become law. Both Houses must pass the exact same version of the bill; if there are differences, they may be resolved by a conference committee, which includes members of both bodies.

Checks and balances

The Constitution provides that the President can make certain appointments only with the "advice and consent" of the Senate. Officials whose appointments require the Senate's approval include members of the Cabinet, heads of federal executive agencies, ambassadors, Justices of the Supreme Court, and other federal judges. However, Congress may pass legislation to authorize the appointment of less important officials without the Senate's consent. Typically, a nominee is first subject to a hearing before a Senate committee. Committees may block nominees, but do so relatively infrequently. Thereafter, the nomination is considered by the full Senate. In a majority of the cases, nominees are confirmed; rejections of Cabinet nominees are especially rare (there have been only nine nominees rejected outright in the history of the United States). The powers of the Senate with respect to nominations are, however, subject to some constraints. For instance, the Constitution provides that the President may make an appointment during a congressional recess without the Senate's advice and consent. The recess appointment remains valid only temporarily; the office becomes vacant again at the end of the next congressional session. Nevertheless, Presidents have frequently used recess appointments to circumvent the possibility that the Senate may reject the nominee. Furthermore, as the Supreme Court held in Myers v. United States, although the Senate's advice and consent is required for the appointment of certain executive branch officials, it is not necessary for their removal. The Senate also has a role in the process of ratifying treaties. The Constitution provides that the President may only ratify a treaty if two-thirds of the senators vote to grant advice and consent. However, not all international agreements are considered treaties, and therefore do not require the Senate's approval. Congress has passed laws authorizing the President to conclude executive agreements without action by the Senate. Similarly, the President may make congressional-executive agreements with the approval of a simple majority in each House of Congress, rather than a two-thirds majority in the Senate. Neither executive agreements nor congressional-executive agreements are mentioned in the Constitution, leading some to suggest that they unconstitutionally circumvent the treaty-ratification process. However, the validity of such agreements has been upheld by the courts. congressional-executive agreement congressional-executive agreement The Constitution empowers the House of Representatives to impeach federal officials for "Treason, Bribery, or other high Crimes and Misdemeanors" and empowers the Senate to try such impeachments. If the sitting President of the United States is being tried, the Chief Justice of the United States must preside over the trial. During any impeachment trial, senators are constitutionally required to sit on oath or affirmation. Conviction requires a two-thirds majority of the senators present. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office in the future. No further punishment is permitted during the impeachment proceedings; however, the party may face criminal penalties in a normal court of law. In the history of the United States, the House of Representatives has impeached sixteen officials, of whom seven were convicted. (One resigned before the Senate could complete the trial.) Only two Presidents of the United States have ever been impeached: Andrew Johnson in 1868 and Bill Clinton in 1999. Both trials ended in acquittal; in Johnson's case, the Senate fell one vote short of the two-thirds majority required for conviction. Under the Twelfth Amendment, the Senate has the power to elect the Vice President if no vice presidential candidate receives a majority of votes in the electoral college. The Twelfth Amendment requires the Senate to choose from the two candidates with the highest numbers of electoral votes. Electoral college deadlocks are very rare; in the history of the United States, the Senate has only had to break a deadlock once, in 1837, when it elected Richard Mentor Johnson. The power to elect the President in the case of an electoral college deadlock belongs to the House of Representatives.

Current composition

For the 109th United States Congress, current as of January 4 2005:

References

- Berman, Daniel M. In Congress Assembled: The Legislative Process in the National Government. London: The Macmillan Company, 1964.
- Byrd, Robert C. The Senate. (4 vols.) Washington, D.C.: Government Printing Office, 1988-1993.
- Congressional Quarterly's Guide to Congress, 5th ed. Washington, D.C.: Congressional Quarterly Press, 2000.
- Frumin, Alan S. [http://www.access.gpo.gov/congress/senate/riddick/ Riddick's Senate Procedure]. Washington, D.C.: Government Printing Office, 1992.
- Story, Joseph. Commentaries on the Constitution of the United States. (2 vols). Boston: Brown & Little, 1891.
- Wilson, Woodrow. Congressional Government. New York: Houghton Mifflin, 1885.

External links

- [http://www.senate.gov The United States Senate Official Website.]
- [http://bioguide.congress.gov/biosearch/biosearch.asp Biographical Directory of the United States Congress, 1774 to Present.] United States Category:National upper houses ja:アメリカ合衆国上院 simple:United States Senate

President

President is a title held by many leaders of organizations, companies, universities, and countries. Etymologically, a "president" is one who presides, who sits in leadership (from Latin prae- "before" + sedere "to sit"). Originally, the term usually referred to the presiding officer of a ceremony or meeting (i.e. chairman); but today it most commonly refers to an official with executive powers. Among other things, President is today a common title for the head of state of a republic, whether popularly elected, chosen by the legislature or a special electoral college. It is also often adopted by dictators. The bulk of this article is dedicated to this usage by heads of state. For more on other kinds of presidents, see Non-Governmental Presidents, below. For more on the usage of term "president", see President (history of the term). President (history of the term) (1789-1797)]]

History

Though there had been several republican countries in the past, it was the United States of America which popularized the position of President when the post was created as the new republic's Head of State (and Head of Government) in 1789. As South America became independent from Spanish rule, so too did these new republics adopt the title of "President" for their leaders, creating constitutions purposely similar to that of the US. The first European president was the President of France, a post created in the Second Republic of 1848. (The First Republic had harkened back to the ancient Roman Republic by appointing several consuls at its head.) The first Asian president was Emilio Aguinaldo the President of the 1st Republic of the Philippines (1898) though the first Asian President recognized internationally was the President of the Republic of China (1912), and the first African President was the President of Liberia created in 1848. Today, the majority of countries have a President as their Head of State.

Presidents in democratic countries and international organizations

Presidential systems

In states with what is called a Presidential system of government, the President is also the head of government, as well as the head of state. Countries with such a system include the United States and most nations in Latin America. In this system the office of President is very powerful, both in practice and theory. In the United States, the President is indirectly elected by the U.S. Electoral College made up of electors chosen by voters in the presidential election. In most U.S. states, each elector is committed to voting for a specified candidate determined by the popular vote in each state, so that the people, in voting for each elector, is in effect voting for the candidate. However, in several close U.S. elections (notably 1876, 1888, 2000), while one candidate received the most popular votes, another candidate managed to win more electoral votes in the Electoral College and so won the presidency.

Parliamentary systems

2000 (1950-1962)]] Other states have what is called a Parliamentary system of government, in which the President is only head of state, and the Prime Minister is the head of government. Countries with such systems include Finland, Germany, India, Ireland, Israel, Italy and Singapore, as well as Portugal (which has a very similar system but slightly different from the aforementioned). Under such a system, executive authority is often vested in the president, with the Government governing in his or her name, producing phrases such as "His/Her Excellency's Government" in some formal state documentation. However a president may also possess some reserve powers or powers which can be exercised by the President without formal advice (ie, binding instruction) from 'His' or 'Her' Governnment. Usually in parliamentary systems, the president's role is primarily ceremonial. However, due to the combination of constitutionally established "reserve powers," protocol (which may require them to formally chair cabinet meetings and/or have access to all cabinet memoranda), and his or her role as the person in whose name executive authority is vested, often gives the president a degree of informal influence not often publicly realised. An example of this influence is the following: between 1870 and 1940, and again from 1945 to 1958, France operated a classic parliamentary system of government, with power in a cabinet chosen by the National Assembly, and a largely though not totally symbolic president; in 1877, President Mac-Mahon showed that his office was constitutionally significant when he dismissed the then prime minister before calling new elections, in the hope of achieving a royalist majority to restore the monarchy (the plan failed).

"President of Government" in parliamentary systems

Mac-Mahon (1982-1996)]] Some countries with parliamentary systems use the term 'president' in connection with the head of parliamentary government, often as President of the Government, President of the Council of Ministers or President of the Executive Council. However, such an official is explicitly not the president of the country. Rather, he or she is called a president in an older sense of the word to denote the fact that he or she heads the cabinet. A separate head of state generally exists in their country that instead serves as the president or monarch of the country. Thus, such leaders are really premiers, and to avoid confusion are often described simply as 'prime minister' when being mentioned internationally. There are several examples for this kind of presidency:
- Under the French Third and the Fourth Republics, the "President of the Council" (of ministers) was the head of government, with the President of the Republic a largely symbolic figurehead.
- The prime minister of the Irish Free State from 1922 to 1937 was titled President of the Executive Council of the Irish Free State. At the same time, the Irish Free State was a kingdom with a reigning monarch, the King of Ireland, as well as a resident Governor-General carrying out many head of state functions.
- The Prime Minister of Spain is officially referred to as the President of the Government of Spain, and informally known as the "President". Spain is also a kingdom with a reigning King of Spain.
- The official title of the Prime Minister of Serbia is President of the Government, while the country has a President of Serbia.

Semi-presidential systems

President of Serbia (1958-1969), wearing the Legion of Honour as grand-master of the order.]] A third system is the semi-presidential system, also known as the French system, in which like the Parliamentary system there is both a President and a Prime Minister, but unlike the Parliamentary system the President may have significant day-to-day power. When his party controls the majority of seats in the National Assembly the president can operate closely with the parliament and prime minister, and work towards a common agenda. When the National Assembly is controlled by opponents of the President however, the president can find himself marginalized with the opposition party prime minister exercising most of the power. Though the prime minister remains an appointee of the president, the president must obey the rules of parliament, and select a leader from the house's majority holding party. Thus, sometimes the president and PM can be allies, sometimes bitter rivals. This situation is known as cohabitation. The French semi-presidential system, which can be considered a hybrid between the first two, was developed at the beginning of the Fifth Republic by Charles de Gaulle. It is used (of course) in France, Russia, Sri Lanka , and several other post-colonial countries which have emulated the French model.

Collective Presidency

Only a tiny minority of modern republics do not have a head of state; examples include:
- Switzerland, where the headship of state is collectively vested in the seven-member Swiss Federal Council despite the fact the system includes a President of the Confederation. The President is a member of the Federal Council elected by the Swiss Federal Assembly (the Swiss Parliament) for a year; and the President is merely primus inter pares (first among equals). Nevertheless, on the international stage he or she is treated as head of state. Letters of Credence appointing ambassadors are formally addressed to him or her by other heads of state.
- Bosnia and Herzegovina, which has a three-member Presidency, each of which are elected by a different constituent nation. The position of the President of the Presidency rotates between the three members.
- San Marino, which has two Captains Regent elected by the Great and General Council.
- The European Union is governed in part by the Presidency of the Council of the European Union, a rotating post held by the member states of the European Union. In the past this has been one individual state presiding for a six-month period; as of 2007 it will be three states sharing the presidency during their overlapping 18-month terms. There is also a President of the European Commission.

Presidents in dictatorships

In dictatorships, the title is frequently taken by self-appointed and/or military-backed leaders. Such is the case in many African states; Idi Amin in Uganda, for example. Sometimes the title is even extended into the more presumptuous form of "president for life." In some communist states, the head of the Communist party was also given the presidency, such as Fidel Castro in Cuba and Mikhail Gorbachev in the Soviet Union. On other occasions in the Soviet Union, the real power was exercised by the General Secretary of the Communist Party, with some local notable holding the presidency. Soviet Union of Yugoslavia.]] President for Life is a title assumed by some dictators to ensure that their authority or legitimacy is never questioned. The first well-known incident of a leader extending his term indefinitely was Roman dictator Julius Caesar, who made himself "Perpetual Dictator" (commonly mistranslated as 'Dictator-for-life') in 45 BC. His actions would later be mimicked by the French leader Napoleon Bonaparte who was appointed "First Consul for life" in 1802. Ironically, most leaders who proclaim themselves President for Life do not in fact successfully serve a life term. Even so presidents like Alexandre Sabès dit Pétion, Rafael Carrera, Josip Broz Tito and François Duvalier died in office. The only living officially proclaimed president for life is Saparmurat Niyazov of Turkmenistan. Many of them do not proclaim it officially "for life" even if it is evident that they are, like Fidel Castro of Cuba, or Ceausescu of Romania, who ruled until his execution (q.v. Romanian revolution Several presidents have ruled until their death in democratic countries, but they have not actually been made and/or proclaimed themselves as President for Life. For instance, Archbishop President Makarios became president of Cyprus late in his life (in 1960) and ruled until his death in 1977, having successfully won re-election several times.

Presidential symbols

As the country's head of state, in most countries the president is entitled to certain symbolic honors, as well as luxury perks that come with the office. For example, most of the world's presidents have a special residence; often a lavish mansion or palace. The President of the United States for example resides in the famous White House. As well as an official residence, in some nations the Presidency brings with it certain symbols of office, such as an official uniform, decorations, or other accessories. Perhaps the most common presidential symbol are the presidential sashes worn by the presidents of Latin America. In these countries, the sash is a symbol of the presidency's continuity, and presenting the sash to the new president is a key part of the inauguration ceremony.

Presidential chronologies

- Albania
- Algeria
- Angola
- Argentina
- Austria
- Bangladesh
- Benin
- Bolivia
- Botswana
- Brazil
- Burkina Faso
- Burundi
- Cameroon
- Cape Verde
- Central African Republic
- Chad
- Chile
- Colombia
- Comoros
- Costa Rica
- Côte d'Ivoire
- Croatia
- Czech Republic
- Dominican Republic
- Ecuador
- Ethiopia
- Fiji
- Finland
- France

- Gabon
- Gambia
- Germany
- Ghana
- Greece
- Guatemala
- Guinea
- Guinea-Bissau
- Guyana
- Haiti
- Honduras
- Hungary
- Iceland
- India
- Indonesia
- Iran
- Iraq
- Ireland
- Israel
- Italy
- Kenya
- Korea, North
- Korea, South
- Latvia
- Lebanon
- Liberia
- Lithuania
- Mexico
- Nicaragua
- Niger
- Nigeria
- North Yemen

- Pakistan
- Panama
- Paraguay
- Peru
- Philippines
- Poland
- Portugal
- Romania
- Russia
- Serbia
- Singapore
- Slovakia
- Slovenia
- Somalia
- Somaliland
- South Africa
- South Yemen
- Sri Lanka
- Switzerland
- Tajikistan
- Trinidad and Tobago
- Turkey
- Uganda
- Ukraine
- United States
- Uruguay
- Venezuela
- Vietnam
- Yemen
- Zambia
- Zimbabwe

- European Commission
- Leaders of post-Soviet independent states

Specific information

- President of Argentina
- President of Austria
- President of the Republic of China
- President of the People's Republic of China
- President of Fiji
- President of France
- President of Germany
- President of India
- President of Ireland
- President of Israel
- President of Malta
- President of Mexico
- President of Pakistan
- President of the Philippines
- President of the Republic of Poland
- President of Serbia
- President of Serbia and Montenegro
- President of Switzerland
- President of Trinidad and Tobago
- President of the United States

Additional reading

The powers, functions and functioning of presidents were reviewed by six international experts for Australia's Republic Advisory Committee in 1993. Reports by among others Professor Klaus Von Beyme (on Germany), A.G Noorani (on India), Jim Duffy (on Ireland) and Sir Ellis Clarke (on Trinidad and Tobago) outline the role of various presidencies. The full report is called An Australian Republic: The Options - The Appendices (ISBN 0644325895)

Non-governmental presidents

President is also used as a title in some non-governmental organizations. The head of a university or non-profit corporation, particularly in the United States of America, is often known as president. President is also a title in many corporations. In some cases the president acts as chief operating officer under the direction of the chief executive officer. In British constitutional practice, the chairman of an Executive Council, acting in such a capacity, is known as a President of the Executive Council. Usually this person is the Governor but is not always so. In university systems with multiple independent campuses, the relationship between the roles of president and chancellor can become quite complicated. See chancellor. Many other organizations, clubs, and committees, both political and non-political are led by Presidents as well. Examples can vary from the President of a political party, to the president of a chamber of commerce, to the President of a students' union and even the president of a high school chess club. In French legal terminology, the president of a court consisting of multiple judges is the foremost judge; he chairs the meeting of the court and directs the debates (and this thus addressed as "Mr President", Monsieur le Président, or appropriate feminine forms). In general, a court comprises several chambers, each with its own president; thus the most senior of these is called the "first president" (as in: "the First President of the Court of Cassation is the most senior judge in France").

United States Constitution

The Constitution of the United States is the supreme law of the United States of America. It was completed on September 17, 1787, with its adoption by the Constitutional Convention in Philadelphia, Pennsylvania, and was later ratified by special conventions in each of the original thirteen states. It created a federal union of sovereign states, and a federal government to operate that union. It replaced the less defined union that had existed under the Articles of Confederation. It took effect in 1789 and has served as a model for the constitutions of numerous other nations. nations] nations nations nations

History

During the Revolutionary War, the thirteen states first formed a very weak central government—with the Congress being its only component—under the Articles of Confederation. Congress lacked any power to impose taxes, and, because there was no national executive or judiciary, relied on state authorities (who were often uncooperative) to enforce all of its acts. It also had no authority to override tax laws and tariffs between states. The Articles required unanimous consent from all the states before they could be amended and states took the central government so lightly that their representatives were often absent. For lack of a quorum, Congress was frequently blocked from making even moderate changes. In September 1786, commissioners from five states met in the Annapolis Convention to discuss adjustments to the Articles of Confederation that would improve commerce. They invited state representatives to convene in Philadelphia to discuss improvements to the federal government. After debate, the Confederation Congress endorsed the plan to revise the Articles of Confederation on February 21, 1787. Twelve states (Rhode Island being the only exception) accepted this invitation and sent delegates to convene in May 1787. The resolution calling the Convention specified its purpose was to propose amendments to the Articles, but the Convention decided to propose a rewritten Constitution. The Philadelphia Convention voted to keep deliberations secret and decided to draft a new fundamental government design which eventually stipulated that only 9 of the 13 states would have to ratify for the new government to go into effect. These actions were criticized by some as exceeding the convention's mandate and existing law. However, Congress, noting dissatisfaction with the Articles of Confederation government, unanimously agreed to submit the proposal to the states despite what some perceived as the exceeded terms of reference. On September 17, 1787, the Constitution was completed in Philadelphia, and the new government it prescribed came into existence on March 4, 1789, after fierce fights over ratification in many of the states. The original transcribed copy of the Constitution is on permanent display at the National Archives in Washington, D.C. For a list of those who signed the Constitution, see List of signatories of the United States Constitution.

The Constitution

The U.S. Constitution styles itself the "supreme law of the land." Courts have interpreted this phrase to mean that when laws (including state constitutions) that have been passed by state legislatures, or by the (national) U.S. Congress, are found to conflict with the federal constitution, these laws are ultra vires and have no effect. Decisions by the Supreme Court over the course of two centuries have repeatedly confirmed and strengthened the doctrine of Constitutional supremacy, or the supremacy clause. supremacy clause The Constitution guarantees the legitimacy of the American state by invoking the American electorate. The people exercise authority through state actors both elected and appointed; some of these positions are provided for in the Constitution. State actors can change the fundamental law, if they wish, by amending the Constitution or, in the extreme, by drafting a new one. Different kinds of public officials have varying levels of limitations on their power. Elected officials can only continue in office if they are reelected at periodic intervals; appointed officials serve, in general, at the pleasure of the person or authority that appointed them, and may be removed at any time. The exception to this practice is the lifetime appointment by the President of Justices of the Supreme Court and other federal judges; the justification for this exception is that once appointed for life, these judges are presumed capable of acting free of political obligations or influence.

Principles of government

Although the Constitution has been amended several times since it was first adopted, its basic principles remain the same now as in 1789. There are three branches of the national government—executive, legislative, and judicial—and they are separate and distinct from one another. The powers given to each are in theory balanced and checked by the powers of the other two. Each branch ideally serves as a check on potential excesses of the others. This is known as "separation of powers", and was partly taken from the ideas of the Baron de Montesquieu. Baron de Montesquieu.]] The United States is federal in nature. Powers enumerated in the Constitution are given to the Federal Government, and all other, unenumerated, powers remain with the states or the people. (See the Tenth Amendment.) The Constitution, together with laws passed according to its provisions and treaties entered into by the president and approved by the Senate, stands above all other laws, executive acts, and regulations. Beginning with the case of Marbury v. Madison, the United States judiciary has engaged in judicial review. This means that the federal courts will examine duly enacted laws, and, if they are found to be unconstitutional, will overturn them. They also examine the acts of public officials—up to and including those of the president. (See United States v. Nixon.) Since the enactment of the Fourteenth Amendment, all persons have been equally entitled to the law's protection. All states are equal and in principle none can officially receive special treatment from the federal government. Within the limits of the Constitution, each state must recognize and respect the laws of the others. State governments, like the federal government, must be republican in form, with final legitimacy resting with the people. By means defined in the Fifth Article of the Constitution, Congress may propose amendments to the Constitution. Moreover, any two thirds of the states may themselves initiate a convention for proposing amendments. When ratified as specified, all amendments are considered part of the Constitution.

Preamble

The Preamble reads: :We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The Preamble neither grants any powers nor inhibits any actions; it only explains the rationale behind the Constitution. The preamble, especially the first three words ("We the people"), is one of the most quoted and referenced sections of the Constitution.

Articles of the Constitution

The remainder of the constitution consists of seven articles.

Legislative power

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Article One establishes the legislative branch of government, U.S. Congress, which includes the House of Representatives and the Senate. The Article establishes the manner of election and qualifications of members of each House. In addition, it outlines legislative procedure and indicates the powers of the legislative branch. Finally, it establishes limits on federal and state legislative power.

Executive power

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Article Two describes the presidency (the executive branch): procedures for the selection of the president, qualifications for office, the oath to be affirmed, the powers and duties of the office, and procedures for selection. It also provides for the office of Vice President of the United States, and specifies that the Vice President succeeds to the presidency if the President is incapacitated or resigns. The article nominally makes the Vice President the presiding officer of the Senate, but in practice the Vice President only serves as such under limited circumstances. Article Two also provides for the impeachment and removal from office of civil officers (the President, Vice President, judges, and others). (See presidential system).

Judicial power

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Article Three describes the court system (the judicial branch), including the Supreme Court. The article requires that there be one court called the Supreme Court; Congress, at its discretion, can create lower courts, whose judgments and orders are reviewable by the Supreme Court. Article Three also requires trial by jury in all criminal cases, defines the crime of treason, and charges Congress with providing for a punishment for it, while imposing limits on that punishment.

States' powers and limits

Article Four describes the relationship between the states and the Federal government, and amongst the states. For instance, it requires states to give "full faith and credit" to the public acts, records and court proceedings of the other states. Congress is permitted to regulate the manner in which proof of such acts, records or proceedings may be admitted. The "privileges and immunities" clause prohibits state governments from discriminating against citizens of other states in favor of resident citizens (e.g., having tougher penalties for residents of Ohio convicted of crimes within Arizona). It also establishes extradition between the states, as well as laying down a legal basis for freedom of movement and travel amongst the states. Today, this provision is sometimes taken for granted, especially by citizens who live near state borders; but in the days of the Articles of Confederation, crossing state lines was often a much more arduous (and costly) process.

Process of amendment

Article Five describes the process necessary to amend the Constitution. It establishes two methods of proposing amendments: by Congress or by a national convention requested by the states. Under the first method, Congress can propose an amendment by a two-thirds vote (of a quorum, not necessarily of the entire body) of the Senate and of the House of Representatives. Under the second method, Congress must call a national convention for the purpose of considering amendments when two-thirds of the state legislatures "apply" to Congress for such a convention. Thus far, only the first method (proposal by Congress) has been used. Once proposed—whether submitted by a national convention or by Congress—amendments must then be ratified by three-fourths of the states to take effect. Article Five gives Congress the option of requiring ratification by state legislatures or by special conventions assembled in the states. The convention method of ratification has been used only once (to approve the 21st Amendment). Article Five currently places only one limitation on the amending power—that no amendment can deprive a state of its equal representation in the Senate without that state's consent.

Federal power

Article Six establishes the Constitution, and the laws and treaties of the United States made in accordance with it, to be the supreme law of the land. It also validates national debt created under the Articles of Confederation and requires that all legislators, federal officers, and judges take oaths to support the Constitution.

Ratification

Article Seven sets forth the requirements for ratification of the Constitution. The Constitution was originally proposed as an amendment of the Articles of Confederation, which required ratification by all 13 of the original states for amendments to take effect. Article Seven of the Constitution, however, only required ratification by 9 states for that document to take effect. Scholars have traditionally resolved this contradiction by arguing that when the ninth state ratified the Constitution and the document took effect, those 9 states implicitly seceded from the union governed by the Articles and created a new, separate federal union. Under this theory, those states that did not ratify the Constitution would have remained part of a separate country. However, eventually all the states did ratify the Constitution.

Provisions for amendment

The authors of the Constitution were clearly aware that changes would be necessary from time to time if the Constitution was to endure and cope with the effects of the anticipated growth of the nation. However, they were also conscious that such change should not be easy, lest it permit ill-conceived and hastily passed amendments. Balancing this, they also wanted to ensure that an overly rigid requirement of unanimity would not block action desired by the vast majority of the population. Their solution was to devise a dual process by which the Constitution could be altered. The first option must begin in Congress which, by a two-thirds vote (of a quorum) in each house, may initiate an amendment. Alternatively, the legislatures of two-thirds of the several states may ask Congress to call a national convention to discuss and draft amendments. To date, all amendments have been proposed by Congress; although state legislatures have on occasion requested the calling of a convention, no such request has yet received the concurrence required for such a convention. In either case, amendments must have the approval of the legislatures or of smaller ratifying conventions within three-fourths of the states before becoming part of the Constitution. All amendments save one have been submitted to the state legislatures for ratification; only the 21st Amendment was ratified by individual conventions in the states. Unlike most constitutions, amendments to the U.S. constitution are appended to the existing body of the text, rather than being revisions of or insertions into the main articles. There is no provision for expunging from the text obsolete or rescinded provisions. Some people feel that demographic changes in the U.S.—specifically the great disparity in population between states—have made the Constitution too difficult to amend, with states representing as little as 4% of the population theoretically able to block an amendment desired by over 90% of Americans; others feel that it is unlikely that such an extreme result would occur. However, any proposals to change this would necessarily involve amending the Constitution itself, creating something of a Catch-22. Aside from the direct process of amending the Constitution, the practical effect of its provisions may be altered by judicial decision. The United States is a common law country, and courts are obliged to follow the precedents established in prior cases. However, when a Supreme Court decision clarifies the application of a part of the Constitution to existing law, the effect is to establish the meaning of that part for all practical purposes. Not long after adoption of the Constitution, in the 1803 case of Marbury v. Madison, the Supreme Court established the doctrine of judicial review, which is the power of the Court to examine legislation and other acts of Congress and to decide their constitutionality. The doctrine also embraces the power of the Court to explain the meaning of various sections of the Constitution as they apply to particular cases brought before the Court. Since such cases will reflect changing legal, political, economic, and social conditions, this provides a mechanism, in practice, for adjusting the Constitution without needing to amend its text. Over the years, a series of Court decisions, on issues ranging from governmental regulation of radio and television to the rights of the accused in criminal cases, has effected a change in the way many Constitutional clauses are interpreted, without amendment to the actual text of the Constitution. Congressional legislation, passed to implement provisions of the Constitution or to adapt those implementations to changing conditions, also broadens and, in subtle ways, changes the meanings given to the words of the Constitution. Up to a point, the rules and regulations of the many agencies of the federal government have a similar effect. In case of objection, the test in both cases is whether, in the opinion of the courts, such legislation and rules conform with the meanings given to the words of the Constitution.

Amendments

The Constitution has a total of 27 amendments. The first ten, collectively known as the Bill of Rights, were ratified simultaneously. The following seventeen were ratified separately.

The Bill of Rights (1–10)

Bill of Rights The Bill of Rights comprises the first ten amendments to the Constitution. Those amendments were all adopted within a few years of the ratification of the Constitution, and all relate to limiting the power of the federal government. They were added in response to criticisms of the Constitution by the state ratification conventions and by prominent individuals such as Thomas Jefferson (who was not a delegate to the Constitutional Convention). These critics argued that without further restraints, the strong central government would become tyrannical. The amendments were proposed by Congress as part of a block of twelve in September 1789. By December 1791 a sufficient number of states had ratified ten of the twelve proposals, and the Bill of Rights became part of the Constitution. It is commonly understood that the Bill of Rights was not originally intended to apply to the states, though except where amendments refer specifically to the Federal Government or a branch thereof (as in the first amendment, under which some states in the early years of the nation officially established a religion), there is no such delineation in the text itself. Nevertheless, a general interpretation of inapplicability to the states remained until 1868, when the Fourteenth Amendment was passed, which stated, in part, that: :No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The Supreme Court has interpreted this clause to extend some, but not all, parts of the Bill of Rights to the states. Nevertheless, the balance of state and federal power has remained a battle in the Supreme Court; for example, a recent case dealt with whether a state could be sued by an employee under the federal Americans with Disabilities Act of 1990 (see Federalist Society and Federalism). The amendments that became the Bill of Rights were actually the last ten of the twelve amendments proposed in 1789. The second of the twelve proposed amendments, regarding the compensation of members of Congress, remained unratified until 1992, when the legislatures of enough states finally approved it and, as a result, it became the Twenty-seventh Amendment despite more than two centuries of pendency. The first of the twelve—still technically pending before the state legislatures for ratification—pertains to the apportionment of the United States House of Representatives after each decennial census. The most recent state whose lawmakers are known to have ratified this proposal is Kentucky in 1792 during that commonwealth's first month of statehood. The first amendment addresses the rights of freedom of speech and the press; the right of peaceful assembly; and the right of petition. It also addresses freedom of religion, both in terms of prohibiting the establishment of religion and protecting the right to free exercise of religion. The second states, in its entirety, "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." Current case law (including U.S. Supreme Court decisions) tends to assert that the "right of the people to keep and bear Arms" is an individual right but not an absolute right, and that the states and federal government may omit certain classes of people from the general-public sense of the "militia" for cause (criminal record, young or old age, mental incapacity, etc.), and may limit the types of weapons to which the right applies. The courts have interpreted and reinterpreted the second amendment since it was ratified; the Supreme Court first visiting it in United States v. Cruikshank, in 1875. The third prohibits the government from using private homes as quarters for soldiers without the consent of the owners. The fourth guards against unreasonable searches, arrests, and seizures of property. The next four amendments deal with the system of justice. The fifth forbids trial for a major crime except after indictment by a grand jury; prohibits repeated trials for the same offense after an acquittal (except in certain very limited circumstances); forbids punishment without due process of law; and provides that an accused person may not be compelled to testify against himself. The sixth guarantees a speedy public trial for criminal offenses. It requires trial by a jury (of peers), guarantees the right to legal counsel for the accused, and guarantees that the accused may require witnesses to attend the trial and testify in the presence of the accused. The seventh assures trial by jury in civil cases involving anything valued at more than 20 U.S. dollars. The eighth forbids excessive bail or fines, and cruel and unusual punishment. The last two of the first ten amendments contain very broad statements of constitutional authority. The ninth declares that the listing of individual rights is not meant to be comprehensive; that the people have other rights not specifically mentioned in the Constitution. The tenth provides that powers the Constitution does not delegate to the United States and does not prohibit the states from having are "reserved to the States respectively, or to the people."

Subsequent amendments (11–27)

Amendments to the Constitution subsequent to the Bill of Rights cover many subjects. The majority of the seventeen later amendments stem from continued efforts to expand individual civil or political liberties, while a few are concerned with modifying the basic governmental structure drafted in Philadelphia in 1787.
- Eleventh Amendment (1795): Clarifies judicial power over foreign nationals, and limits ability of citizens to sue states in federal courts and under federal law. (Full text)
- Twelfth Amendment (1804): Changes the method of presidential elections so that members of the electoral college cast separate ballots for president and vice president. (Full text)
- Thirteenth Amendment (1865): Abolishes slavery and grants Congress power to enforce abolition. (Full text)
- Fourteenth Amendment (1868): Defines United States citizenship; prohibits states from abridging citizens' privileges or immunities and right to due process and the equal protection of the law; repeals the three-fifths compromise. (Full text)
- Fifteenth Amendment (1870): Prohibits the federal government and the states from using a citizen's race, color, or previous status as a slave as a qualification for voting. (Full text)
- Sixteenth Amendment (1913): Authorizes unapportioned federal taxes on income. (Full text)
- Seventeenth Amendment (1913): Establishes direct election of senators. (Full text)
- Eighteenth Amendment (1919): Prohibited the manufacturing, importing, and exporting of beverage alcohol. Repealed by the Twenty-First Amendment. (Full text)
- Nineteenth Amendment (1920): Prohibits the federal government and the states from using a citizen's sex as a qualification for voting. (Full text)
- Twentieth Amendment (1933): Changes details of Congressional and presidential terms and of presidential succession. (Full text)
- Twenty-first Amendment (1933): Repeals Eighteenth Amendment but permits states to retain prohibition and ban the importation of alcohol. (Full text)
- Twenty-second Amendment (1951): Limits president to two terms. (Full text)
- Twenty-third Amendment (1961): Grants presidential electors to the District of Columbia. (Full text)
- Twenty-fourth Amendment (1964): Prohibits the federal government and the states from requiring the payment of a tax as a qualification for voting for federal officials. (Full text)
- Twenty-fifth Amendment (1967): Changes details of presidential succession, provides for temporary removal of president, and provides for replacement of the vice president. (Full text)
- Twenty-sixth Amendment (1971): Prohibits the federal government and the states from using an age greater than 18 as a qualification to vote. (Full text)
- Twenty-seventh Amendment (1992): Limits congressional pay raises. (Full text) There also have been many failed attempts to amend the Constitution. There are some that are still ongoing today (See Proposals for amendments to the United States Constitution).

Unratified Amendments

Over 10,000 Constitutional amendments have been introduced in Congress since 1789; in a typical Congressional year in the last several decades, between 100 and 200 are offered. Most of these concepts never get out of Congressional committee, much less get proposed by the Congress for ratification. Backers of some amendments have attempted the alternative, and thus far never-utilized, method mentioned in Article Five. In two instances—reapportionment in the 1960s and a balanced federal budget during the 1970s and 1980s—these attempts have come within just two state legislative "applications" of triggering that alternative method. The Eighteenth Amendment is the only amendment to be directly and specifically repealed by another (the Twenty-first). The episode highlighted the importance of proposing and ratifying only the most important, and least evanescent, of amendments. Of the thirty-three amendments that have been proposed by Congress, six have failed ratification by the required three-quarters of the state legislatures—and four of those six are still technically pending before state lawmakers. Starting with the 18th amendment, each proposed amendment (except for the 19th Amendment and for the still-pending Child Labor Amendment of 1924) has specified a deadline for passage. The following are the unratified amendments:
- The Congressional Apportionment Amendment proposed by the 1st Congress on September 25, 1789, defined a formula for how many members there would be in the United States House of Representatives after each decennial census. Ratified by eleven states, the last being Kentucky in June 1792 (Kentucky's initial month of statehood), this amendment contains no expiration date for ratification. In principle it may yet be ratified, though as written it became moot when the population of the United States reached ten million.
- The so-called missing thirteenth amendment, or "Titles of Nobility Amendment" (TONA), proposed by the 11th Congress on

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