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Constitution Week: What Is the Role of the US Constitution vs. the Bill of Rights
byConnections Academy
8 min to read
“We the people . . .”
Those three words are some of the most famous in American history. As the opening of the US Constitution, they establish the nation as a collective effort of its citizens. Most Americans are familiar with the phrase. But how much do Americans and K-12 students know about the rest of the Constitution? How about the Bill of Rights?
Many Americans struggle with the details of the Constitution and the Bill of Rights. If you’re a bit rusty on your knowledge, here’s a primer that can help you and your child expand your knowledge.
Bill of Rights vs. Constitution
Before diving into the details, it’s important to know the difference between the Constitution and the Bill of Rights. The Constitution is the foundational legal document of the United States. Its articles and amendments lay out the structure of our government as well as the rights of the citizenry. Every law must conform to the rules and guidelines of the Constitution.
The Bill of Rights is part of the Constitution. Specifically, it’s the first 10 amendments. These amendments clarify the rights of the people versus the power of the national and state governments.
A Primer on the US Constitution
The History
After the United States won its war for independence, the young nation operated off a document known as the Articles of Confederation. But national and state leaders quickly realized that the Articles weren’t strong enough to manage the nation.
In 1787, the ruling national body, called a Constitutional Convention, gave the delegates of the convention the mandate to draft a new governing document. All 13 states were invited to send delegates and, ultimately, 12 chose to do so, with only Rhode Island abstaining.
The Constitutional Convention met and deliberated from May 1787 through September of that year. On September 17—what is now Constitution Day—the delegates signed off on a completed document. It was the work of extensive debate and difficult compromise. But it was not yet law.
For the new Constitution to go into effect, it needed the approval—called ratification—of two-thirds of the states, which meant it needed the support of at least 9 of the 13 states. After much debate within the states, the Constitution received its ninth ratification on June 21, 1788. Eventually, 11 states ratified it that year.
A new government under the Constitution began in March 1789, with America’s first president taking office in April of the same year. The two states that hadn’t ratified the Constitution—Rhode Island and North Carolina—did so soon after.
The Text
The main body of the Constitution includes seven articles. These articles create the framework for the national government and delegate power. The Constitution also has 27 amendments that each hold the same weight as the articles. We’ll look at the first 10 amendments later. For now, here’s an overview of the Constitution’s articles.
Article 1
Establishes the US legislative branch, which is composed of two separate bodies, called houses: the House of Representatives and the Senate. Together, these two bodies are tasked with writing and approving national laws.
Article 2
Establishes the US executive branch, which is led by the president and vice president and tasked with giving final approval to the laws made by the legislative branch and then carrying out those laws.
Article 3
Establishes the US judicial branch, which is headed by the Supreme Court of the United States and tasked with deciding civil and criminal courses according to the pertaining local, state, or federal law.
Article 4
Grants states the power to make their own laws and sets rules for how states interact with one another.
Article 5
Allows the Constitution to be amended if a proposed amendment receives approval from two-thirds of each house of Congress and three-fourths of the states.
Article 6
Establishes federal law and the Constitution as the supreme law of the land, meaning that local and state laws cannot supersede federal law and/or the Constitution.
Article 7
Establishes the rules for ratifying the Constitution.
A Primer on the Bill of Rights
While all the articles of the Constitution are vital to the existence and continued operation of the United States, perhaps no article has been as important as Article 5. By allowing for the Constitution to be amended, the framers gave the people the power to change the foundational laws under which they were governed—and the people got the right to it.
As soon as the Constitution was ratified, numerous citizens and their elected leaders pushed to amend it. This push created the Bill of Rights. What is the purpose of the Bill of Rights and how did it come into being? Here are the details.
The History
During the Constitution’s ratification process, a large, contentious segment of the population voiced concern that the Constitution gave the federal government too much power. They wanted guarantees of personal freedoms and explicit limitations on government power.
Called the Anti-Federalists, the faction wielded enough power to inspire the first United States Congress to vote on amending the Constitution. Future President James Madison was particularly influential in the matter. While he was a Federalist, not an Anti-Federalist, he had come to understand the concerns. As a US representative from Virginia, he led the movement to amend the Constitution and is credited with writing the Bill of Rights.
As previously noted, the Bill of Rights is the first 10 amendments to the US Constitution. However, the original proposal included 12 potential amendments, all of which were approved by Congress in September 1789, just six months after the first Congress convened.
Per the Constitution, three-fourths of the states had to ratify the amendments before they could become part of the Constitution. Ten of the 12 proposed amendments reached that threshold by January 1792 and officially entered the Constitution together, forever to be known as the Bill of Rights.
The Text
1st Amendment
Establishes the right to free speech, the free press, peaceful assembly, and direct petitioning of the government. Also gives people the right to practice the religion of their choosing, while prohibiting the government from establishing an official national religion.
2nd Amendment
Establishes the right for citizens to own firearms.
3rd Amendment
Prohibits the government from forcing citizens to house members of the military.
4th Amendment
Prohibits the government from arresting citizens, searching their property, or seizing their property without probable cause affirmed by a warrant.
5th Amendment
Establishes the right of due process under law, requires grand jury indictments, prohibits anyone from being tried twice for the same crime, protects citizens from self-incrimination, and guarantees reimbursement for private property taken for public use.
6th Amendment
Establishes the right to a fair and speedy trial by jury. Also gives defendants the right to counsel (a lawyer), to confront witnesses against them, and to call witnesses in their favor.
7th Amendment
Guarantees the right to a jury trial in federal civil cases.
8th Amendment
Prohibits the government from enacting cruel or unusual punishments. Also prohibits the government from requiring excessive bail or fines.
9th Amendment
Clarifies that the rights mentioned in the Constitution are not an exclusive list of rights. Citizens retain other, unmentioned rights.
10th Amendment
Restricts the power of the federal government. If the Constitution does not explicitly grant a power to the federal government or prohibit it from the states, that power belongs to the states and/or the people.
How Your Child Can Get a Strong Civics Education
A strong civic education is fundamental to a strong and active citizenry.
While civics can be a difficult subject, there are ways to provide engaging education on the Constitution and Bill of Rights for kids. High-quality K-12 schools—including the top online schools—teach difficult subjects all the time and have great success. It’s a matter of communicating the importance of the information and igniting students’ curiosity.
If you want your child to gain a strong civics education, you need a school that can frame the Constitution for kids and lead students toward a robust understanding of the nation’s founding, its government structure, and the rights and responsibilities of the citizenry. One such school is Connections Academy®.
A tuition-free public school with more than 20 years of experience in online learning, Connections Academy knows how to connect with students and help them learn in the way that works best for them. It’s a great choice for parents who want to ensure their children get a well-rounded K-12 education.
To learn more about the American experience, check out our article on Black history.
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