Home About us Products Services Contact us Bookmark
:: wikimiki.org ::
Constitutional Convention (political Meeting)

Constitutional convention (political meeting)

:Alternative meaning: Constitutional convention (political custom) A constitutional convention is a gathering of delegates for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution. An unlimited constitutional convention is called to revise an existing constitution. Examples of constitutional conventions include the:
- United States Constitutional Convention (1787) - Drafted the United States Constitution for ratification by the states.
- Canada - Charlottetown Conference and Quebec Conference (1864), London Conference (1866).
- Australian constitutional conventions - 1891, 1897, 1973 and 1998.
- German Parliamentary Council (1948) - Drafted the Basic Law of the Federal Republic for ratification by the Länder.
- Northern Ireland Constitutional Convention (1975 - 1976) - a failed attempt to find a solution to the status of Northern Ireland.
- Scottish Constitutional Convention (1989) - produced a plan for Scottish devolution.
- European Convention (2001) - Drafted the Constitution for Europe for approval by the European Council and ratification by the member states. Constitutional conventions have also been used by subnational units of federal states—such as the individual states of the United States—to create, replace, or revise their own constitutions.

See also


- Constituent assembly
- Convention parliament
- Constitutional commission Category:Constitutional law

Constitutional convention (political custom)

:Alternative meaning: Constitutional convention (political meeting) A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states which follow the Westminister system and whose political systems are derived from British constitutional law, most of the functions of government are guided by constitutional convention rather than by a formal written constitution. In these states, the actual distribution of power may be markedly different from those which are described in the formal constitutional documents. In particular, the formal constitution often confers wide discretationary powers to the head of state which in practice are used only on the advice of the head of government. Some constitutional conventions operate separate from or alongside written constitutions, others, notably in Britain, which has no written constitution, have a form of constitutional status. Many old conventions have been replaced or superseded by laws.

Origins

Constitutional conventions generally arise from precedent. For example, the constitutional convention that the Prime Minister of the United Kingdom must govern with a majority in Parliament derived from the very unsuccessful attempt of Robert Peel to govern without one in the mid 19th century. Constitutional conventions differ from formal constitutional amendments in that they are created over time, and it may be difficult or impossible to identify when a constitutional convention has come into effect or sometimes even what the constitutional conventions are.

Unenforceability

Constitutional conventions are not obligatory, but are in effect procedural agreements which all sides adhere to. Some conventions evolve or change over time; for example, before 1918 the British cabinet requested a parliamentary dissolution from the monarch, with the Prime Minister conveying the request. Since 1918, prime ministers on their own initiative request dissolutions, and need not consult members of the cabinet. However conventions are rarely ever broken. Unless there is general agreement on the breach, the person who breaches a convention is often heavily criticised, on occasions leading to a loss of respect or popular support. It is often said that "conventions are not worth the paper they are not written on", ie, they are unenforceable in law because they are not written down. Whatever enforceability they have comes from history, tradition, symbolism and their cross-party support.

Constitutional Conventions in the United Kingdom

While Britain does not have a written constitution that is a single document, the collection of legal instruments that have developed into a body of law known as constitutional law has existed for hundreds of years. An example of such a convention in Great Britain is the requirement that all money bills must originate in the House of Commons. Such conventions also exist in other Commonwealth parliamentary democracies such as Canada under the British North America Act of 1867 (also known as the Canadian Constitution) which was an act of the British Parliament which created the nascent Canadian Parliament even though by convention it was agreed to by the Fathers of Confederation, who were representatives of the various colonies of British North America. So while it had been signed by these individuals on 29 March 1867, it did not enter into force of law until it was signed by the British monarch as an Act of Parliament. As part of this unwritten British constitution, constitutional conventions of British constitutional law play a key role. They are rules that are observed by the various constituted parts though they are not written in any document having legal authority; there are often underlying enforcing principles that are themselves not formal and codified. None the less it is very unlikely that there would be a departure of such conventions without good reason, even if an underlying enforcing principle has been overtaken by history, as these conventions also acquire the force of custom. For instance, the convention about money bills mentioned above was once enforced by the Catch-22 fact that a government could not apply enough force to get the taxes it needed without cooperation, unless it first had even more funds to pay for that force; it is now merely customary, but it underlay much of British constitutional development in the 17th century. See royal prerogative.

Examples of constitutional conventions

United Kingdom


- The monarch must accept and act on the advice of the Government (his or her Ministers), who are responsible to Parliament for that advice; the monarch cannot ignore that advice, excepting only to exercise Reserve powers.
- The Prime Minister of the United Kingdom is the leader of the party (or coalition of parties) with an absolute majority of seats in the House of Commons and therefore most likely to command the support of the House of Commons.
- The Prime Minister alone advises the monarch on a dissolution of parliament (since 1918).
- The monarch will grant a dissolution if requested (since 1832. The Lascelles Principles in 1951 informally outlined the principles and issues that might lead to a refusal of a dissolution.)
- The monarch grants the Royal Assent to all legislation (since the early 1700s. Previously monarchs did refuse or withhold the Royal Assent.)
- The Prime Minister should be a member of either House of Parliament (1700s - 1963).
  - In 1963 it was amended to the effect that no Prime Minister should come from the House of Lords. When the last Prime Minister peer, the Earl of Home, took office he renounced his peerage, and as Sir Alec Douglas-Home became an MP.
- Parliament is supreme and no parliament may bind its successor.
- All cabinet members must be members of the Privy Council.
- The House of Lords should not reject a budget passed by the House of Commons. This was broken controversially in 1909 by the House of Lords, which argued that the Convention was linked to another Convention that the Commons would not introduce a Bill that "attacked" peers and their wealth. The Lords claimed that the Commons broke this Convention in Chancellor of the Exchequer David Lloyd George's budget, justifying the Lords' rejection of the budget. The Commons disputed the existence of a linked convention. As a consequence, the Lords' powers over budgets was greatly lessened by the Parliament Act 1911.
- During a General Election, no major party shall put up an opponent against a Speaker seeking re-election.
- The Westminster Parliament will not legislate on a devolved matter without the consent of the Scottish Parliament (since 1999, the Sewel convention).
- The House of Lords shall not veto legislation from the House of Commons that was a part of the government's manifesto (the Salisbury Convention).

Commonwealth Realms


- The Governor-General is appointed on the advice of the Prime Minister of the day, is a resident of the country he will represent, and can be dismissed immediately on the advice of the Prime Minister (exceptions: Papua New Guinea and the Solomon Islands, where the Governor-General is elected).
- Governors-General do not participate in the political process unless there is an extreme circumstance that merits doing so (the last case being in Australia in 1975, when Sir John Kerr controversially dismissed the Prime Minister over the stalemate mentioned below).
- All executive decisions are taken by a formal meeting of the Executive Council, ie the Governor-General-in-Council (allegedly broken in the mid 1970s, but followed since)
- The monarch does not over-rule the decisions of the Governor-General or Prime Minister

Australia


- The Senate will not deny supply to the government (broken in 1975. The Senate argued that its breaking of convention was in response to alleged breaking of numerous conventions by then Prime Minister Gough Whitlam. Whitlam did not agree.) See Australian constitutional crisis of 1975.
- A Loss of Supply requires either the resignation of the Prime Minister or a parliamentary dissolution (broken in 1975 by Whitlam, who argued that the Senate's breach of convention in delaying supply indefinitely did not require a dissolution or resignation. The result was a stalemate and the intervention of the Governor-General mentioned above. Each party to the dispute blamed someone else for breaching a convention, requiring their own breaching of another one in response.)

France


- If the President of the Republic and the Prime Minister are not from the same party, foreign affairs are conducted by the President.
- If the president of the National Assembly, the president of the Senate or 60 deputies or 60 senators claim that a just-voted statute is unconstitutional, the President of the Republic does not sign the law and instead waits for a petition to be sent to the Constitutional Council.
- When the death penalty was in effect, sentenced prisoners were not executed until they had asked the President of the Republic to grant a pardon and the president had declined it, unless they did not seek a pardon.

United States


- All members of the Electoral College vote for the Presidential candidate having the most votes in their state. This is enforced by law in many, but not all, states. Some (very few)electors have abstained, voted for another candidate, or voted for a non-candidate as a form of protest. See faithless elector.
- Members of the U.S. House of Representatives reside in the congressional district in which they are elected. There is a constitutional requirement that members of the House come from the state they represent, but no federal requirement as to district residency.
- The person elected President Pro Tempore of the U.S. Senate is the longest-serving Senator from the majority party.
- A two-term limit for Presidents was a longstanding convention, set by George Washington, until broken by Franklin Roosevelt. After this, the convention was changed to formal law by the adoption of the Twenty-second Amendment to the United States Constitution. It should be noted, however, that several presidents attempted to break this convention prior to FDR, but failed to secure reelection.
- The two leading presidential candidates are willing to engage in multiple televised debates with each other. The convention developed in the 1960 election, when Richard Nixon and John F. Kennedy held the first nationally televised debate, but was not repeated until 1976; in the three intervening elections, the candidate pereceived as being in the lead in the race (as backed by opinion polling) saw no strategic advantange in agreeing to such debates. At least one debate has been held between the leading candidates in every election since 1976; in recent years the format has consisted of two or three presidential debates and one vice-presidential debate; this convention become so generally accepted that it seems highly unlikely that any major-party nominee would refuse to participate in such a forum in the near future.
- "Senatorial courtesy": a President who wishes to nominate an individual to an executive position that requires the approval of the US Senate seeks the approval of the senators from the nominee's home state. This convention has been greatly weakened in recent years due to the increasingly partisan nature of the Senate; now it is more likely that a President will consult the senators from the state only if they are from his party, or, if there is one senator from each party from the state, more weight will be given to the senator of the President's party than the one of the opposite party.

See also


- Constitutional Convention (United States)
- Constitutional Convention (Australia)
- European Convention
- Scottish Constitutional Convention
- Constituent Assembly
- Constitutional Commission Category:Constitutional law

United States Constitutional Convention

.]] The Philadelphia Convention (also known as the Constitutional Convention or the Federal Convention) took place from May 25 to September 17, 1787, to address problems in the government of the United States of America following independence from Great Britain. Although it was purportedly intended only to revise the Articles of Confederation, the intention of many of the Convention's proponents, chief among them James Madison and Alexander Hamilton, was from the outset to create a new government rather than "fix" the existing one. The result of the Convention was the United States Constitution. The convention is considered one of the founding events in the history of the United States.

Deliberations

Virginia Plan

James Madison was one of the principal writers of the Virginia Plan, which was to create a whole new republican and nationalist government. This plan was the unofficial "agenda" for the Convention, it was the main plan being considered. The plan was first reported to the Convention by Edmund Randolph. It included:
- A bicameral legislature
- Both house's membership determined proportionately
- The lower house was elected by the people
- The upper house was elected by the lower house
- The legislature was very powerful
- An executive was planned, but would exist to ensure the will of the legislature was carried out, and was so chosen by the legislature
- Formation of a judiciary, with life-terms of service
- The executive and some of the national judiciary would have the power to veto legislation, subject to override
- National veto power over any state legislation

New Jersey Plan

Some, like William Paterson, thought that if too much power was given to government, or to larger states, then they could swallow up the smaller states, and the smaller states would have little influence in future issues in the country. The New Jersey Plan was largely a response to the Virginia Plan. Paterson reported the plan to the Convention on June 15, 1787. It included:
- The current Congress was maintained, but granted new powers. For example, the Congress could set taxes and force their collection
- An executive, elected by Congress, was created - the Plan allowed for a multi-person executive
- The executives served a single term and were subject to recall based on the request of state governors
- A judiciary appointed by the executives, with life-terms of service
- Laws enacted by the Congress took precedence over state law

The Great Compromise

Roger Sherman was well liked in the convention, and he had the respect of many of the other members. Earlier on July 11, Sherman proposed: "That the proportion of suffrage in the 1st. branch should be according to the respective numbers of free inhabitants; and that in the second branch or Senate, each State should have one vote and no more." This was largely disregarded as too radical at first. Later when neither side would give into the other, they made a compromise, known as The Great Compromise following Sherman's plan of having the House of Representatives be based on population and in the Senate each state would get an equal amount of Senators. This was also known as the Connecticut Compromise.

Hamilton's Plan

On July 18th Hamilton reported his own plan for the US government. It was largely based on the British form of government and hinted of Monarchy, and was ultimately rejected. Hamilton left the convention soon after, only to return to sign the Constitution near the end of the Convention.

Slavery

How would slavery work in the new government set up by the Constitution? On June 11th Sherman suggested that only free persons should be counted, but the southern states wanted slaves to be counted as well. James Wilson suggested that they be counted as 3/5 of a person. It was later agreed to, and became known as the Three-Fifths Compromise. It was also decided that the new government could not ban the slave trade for at least 20 years (January 1, 1808). In effect they postponed the decision on the slave trade because of its contentous nature. The delegates to the Convention did not want its ratification to fail because of the conflict over slavery.

Drafting and signing

In late July the convention appointed a committee to draft a document based on the agreements that had been reached. After another month of discussion and refinement, a second committee, headed by Gouverneur Morris, produced the final version, which was submitted for signing on September 17. Not all the delegates were pleased with the results; some left before the ceremony, and three of those remaining refused to sign: Edmund Randolph and George Mason of Virginia, and Elbridge Gerry of Massachusetts. Of the 39 who did sign, probably no one was completely satisfied, but such is the nature of compromise. Their views were ably summed up by Benjamin Franklin, who said, "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them. ... I doubt too whether any other Convention we can obtain, may be able to make a better Constitution. ... It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies..."

Delegates Who Attended

The 55 delegates who drafted the Constitution included most of the outstanding leaders, or Founding Fathers, of the new nation. Thomas Jefferson said, “It is really an assembly of demi-gods.” about the convention. They represented a wide range of interests, backgrounds, and stations in life, although the vast majority of them were wealthy landowners, and all were white males. There were thirty-two lawyers, eleven merchants, four politicians, two military men, two doctors, 2 teacher/educators, one inventor, and one farmer. The Convention was mostly made up of Christian faiths (and Deism) including Congregationalist, Deist, Dutch Reformed, Episcopal, Lutheran, Methodist, Presbyterian, Quaker, and Roman Catholic. Thomas Jefferson and John Adams did not attend; they were abroad in Europe. Patrick Henry was also absent, he refused to go for he "smelt a rat." white white.]] white white
- Connecticut
  - William Samuel Johnson
  - Roger Sherman
  - Oliver Ellsworth
-
- Delaware
  - George Read
  - Gunning Bedford
  - John Dickinson
  - Richard Bassett
  - Jacob Broom
- Georgia
  - William Few
  - Abraham Baldwin
  - William Pierce
-
  - William Houstoun
-
- Maryland
  - James McHenry
  - Daniel of St. Thomas Jenifer
  - Daniel Carroll
  - John Francis Mercer
-
  - Luther Martin
-
- Massachusetts
  - Elbridge Gerry
-
  - Nathaniel Gorham
  - Rufus King
  - Caleb Strong
-
- New Hampshire
  - John Langdon
  - Nicholas Gilman
- New Jersey
  - David Brearley
  - William Houston
-
  - William Paterson
  - William Livingston
  - Jonathan Dayton
- New York
  - Robert Yates
-
  - Alexander Hamilton
  - John Lansing, Jr.
-
- North Carolina
  - Alexander Martin
-
  - William Richardson Davie
-
  - Richard Dobbs Spaight
  - William Blount
  - Hugh Williamson
- Pennsylvania
  - Thomas Mifflin
  - Robert Morris
  - George Clymer
  - Jared Ingersoll
  - Thomas Fitzsimons
  - James Wilson
  - Gouverneur Morris
  - Benjamin Franklin
- Rhode Island
  - No appointment
- South Carolina
  - John Rutledge
  - Charles Pinckney
  - Charles Cotesworth Pinckney
  - Pierce Butler
- Virginia
  - George Washington
  - Edmund Randolph
-
  - John Blair
  - James Madison
  - George Mason
-
  - George Wythe
-
  - James McClurg
- (
- ) Did not sign the final draft of the US Constitution

See also


- Founding Fathers of the United States
- History of the United States

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

100px 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

100px 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

100px 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 May 1, 1810, would have ended the citizenship of any American accepting "any Title of Nobility or Honour" from any foreign power. Some scholars maintain that the amendment was actually ratified by the legislatures of enough states, and that a conspiracy has suppressed it. Known to have been ratified by lawmakers in twelve states, the last in 1812, this amendment contains no expiration date for ratification. It may yet be ratified.
- A pro-slavery proposal, known as the Corwin amendment, proposed by the 36th Congress on March 2, 1861, which would purportedly have prevented the passage of any future constitutional amendment allowing Congress to regulate "the domestic institutions" within any state. It was ratified by only Ohio and Maryland lawmakers before the outbreak of the Civil War. Illinois lawmakers—sitting as a state constitutional convention at the time—likewise approved it, but that action is of questionable validity. The proposed amendment contains no expiration date for ratification and may yet be ratified. However, adoption of the 13th, 14th, and 15th Amendments after the Civil War likely means that the amendment would be ineffective if adopted.
- A child labor amendment proposed by the 68th Congress on June 2, 1924, which stipulates: "The Congress shall have power to limit, regulate, and prohibit the labor of persons under eighteen years of age." This amendment is now moot, since subsequent federal child labor laws have uniformly been upheld as a valid exercise of Congress' powers under the commerce clause. This amendment contains no expiration date for ratification. It may yet be ratified.

Expired Amendments

Properly placed in a separate category from the other four constitutional amendments that Congress proposed to the states, but which not enough states have approved, are the following two offerings which—due to deadlines—are no longer subject to ratification.
- The Equal Rights Amendment, or ERA, which reads in pertinent part "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." Proposed by the 92nd Congress on March 22, 1972, it was ratified by the legislatures of 35 states, and expired on either March 22, 1979, or on June 30, 1982, depending upon one's point of view of a controversial ratification deadline three-year extension by the 95th Congress in 1978. Of the 35 states ratifying it, four later rescinded their ratifications prior to the extended ratification period which commenced March 23, 1979 and a fifth—while not going so far as to actually rescind its earlier ratification—adopted a resolution stipulating that its approval would not extend beyond March 22, 1979. There continues to be diversity of opinion as to whether such reversals are valid; no court has ruled on the question, including the Supreme Court. But a precedent against the validity of rescission was first established during the ratification process of the 14th Amendment when Ohio and New Jersey rescinded their earlier approvals, but yet were counted as ratifying states when the 14th Amendment was ultimately proclaimed part of the Constitution in 1868.
- The District of Columbia Voting Rights Amendment was proposed by the 95th Congress on August 22, 1978. Had it been ratified, it would have granted to Washington, D.C., two Senators and at least one member of the House of Representatives as though the District of Columbia were a state. Ratified by the legislatures of only 16 states—less than half of the required 38—the proposed amendment expired on August 22, 1985.

Proposals for amendments

There are currently only a few proposals for amendments which have entered mainstream political debate. These include the proposed Federal Marriage Amendment, the Balanced Budget Amendment, and the Flag-Burning Amendment.

International influences on the development of the Constitution

Flag-Burning Amendment acknowledged the debt American law and constitutionalism had to Magna Carta by erecting a monument at Runnymede, England.]] Some of the ideas embodied in the Constitution were new, but many were drawn from Classical Antiquity and the British governmental tradition of mixed government which was in practice among 12 of the 13 states and were advocated by the writings of Charles de Secondat, Baron de Montesquieu. The United States Constitution was partly based on ideas from the uncodified constitution of the United Kingdom, such as Article 39 from the Magna Carta of 1215 which states that: :No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by legal judgement of his peers, or by the law of the land. The English Bill of Rights (1689) also acted as a source of ideas for the United States Constitution. For example, like the English Bill of Rights, the U.S. Constitution requires jury trials, contains a right to bear arms, and prohibits excessive bail and of "cruel and unusual punishments." Liberties guaranteed by Magna Carta and the 1689 English Bill of Rights were directly incorporated into state statutes and the Virginia Declaration of Rights, and many were then further incorporated into the Constitution and the United States Bill of Rights.

International influences of the Constitution

The Constitution of the United States has also served as a model for the constitutions of numerous other nations, including the second oldest codified constitution, the May Constitution of Poland, which was written in 1791. The course and ideas of the French Revolution were also heavily influenced by the United States Constitution.

Legality of the Constitution

One historical controversy is whether the Constitution was illegally adopted. For example, historian Joseph Ellis in Founding Brothers charges that there is truth in the allegations that the: # "Convention was extralegal, since its explicit mandate was to revise the Articles of Confederation, not replace them." # "Machinery for ratification did not require the unanimous consent [as] dictated by the Articles [of Confederation] themselves." Constitutional lawyer Michael P. Farris disagrees, arguing that: # "No limits were placed on the authority of the convention to make amendments," and that the Constitution is, in effect, simply an amended version of the Articles of Confederation. # "Congress and all thirteen state legislatures approved the new ratification process as required by the Articles." Eleven states held ratification conventions (approved by their legislatures) and approved the Constitution by July 26, 1788, a direct approval of the change in procedure. The other two states' legislatures (of North Carolina and Rhode Island) also approved of the ratification process—North Carolina by holding a convention and Rhode Island by submitting the Constitution to a referendum, although they both rejected the Constitution (at first). Thus, the change in procedure was approved by all the states.

See also

General


- Coleman v. Miller: U.S. Supreme Court ruled that an amendment remains pending for ratification unless Congress specifies otherwise.
- Congressional power of enforcement
- Constitution Day (United States)
- Constitutional interpretation
- Founding Fathers of the United States
- History of democracy
- Original Intent

Related documents


- The 1620 Mayflower Compact
- The 1641 Massachusetts Body of Liberties

Related Authors


- Alexander Hamilton
- Richard Hofstadter
- John Jay
- Terry Jordan
- Charles Kesler
- James Madison
- John Marshall
- Thomas Paine

References


-
-
-
-
-
-
-
- , [http://www.hslda.org/courtreport/V21N4/V21N401.asp available online], excerpt from (to be published) Constitutional Law for Enlightened Citizens.
- , [http://ssrn.com/abstract=831927]

External links

National Archives


- [http://www.archives.gov/national-archives-experience/charters/constitution.html The National Archives Experience — Constitution of the United States]
- [http://www.archives.gov/national-archives-experience/charters/charters_downloads.html The National Archives Experience — High Resolution Downloads of the Charters of Freedom]
- [http://www.archives.gov/national-archives-experience/charters/constitution_transcript.html Full text of U.S. Constitution]
- [http://www.archives.gov/national-archives-experience/charters/bill_of_rights_transcript.html Full text of The Bill of Rights]
- [http://www.archives.gov/national-archives-experience/charters/constitution_amendments_11-27.html Full text of the amendments]

Official U.S. government sources


- [http://www.gpoaccess.gov/constitution/index.html Analysis and Interpretation of the Constitution of the United States]: Annotated constitution, with descriptions of important cases (official publication of U.S. Senate)
- [http://www.loc.gov/rr/program/bib/ourdocs/Constitution.html United States Constitution and related resources]: Library of Congress

Non-government web sites


- [http://www.law.cornell.edu/topics/constitutional.html Law about...the Constitution]: An overview of constitutional law from the Legal Information Institute
- [http://www.usconstitution.net The U.S. Constitution Online]: Full text of Constitution, with some history and annotation
- [http://www.usconstitution.net/constamrat.html The U.S. Constitution Online: Record of ratifications by states]
- [http://www.constitutioncenter.org/ National Constitution Center in Philadelphia]: Museum and education center
- [http://www.ericdigests.org/pre-926/constitution.htm Education on the U.S. Constitution. ERIC Digest No. 39.]: Study on the treatment of the Constitution in public education
- [http://librivox.org/the-constitution-of-the-united-states-of-america-1787/ Free audiobook] from [http://librivox.org librivox.org]
- [http://www.law.cornell.edu/anncon/ Annotated Constitution] by the Congressional Research Service of the U.S. Library of Congress(hyperlinked version published by LII)

Activist/advocacy web sites


- [http://www.smallgovtimes.com/ SmallGovTimes.com]: Site advocating small government and strict constitutional construction
- [http://www.thirty-thousand.org/ Thirty-Thousand.org]: Site advocating an increase in the size of the House of Representatives.
- [http://www.usconstitution.biz U.S. Constitution.biz]: Web site of "Free Mart Publications", offering conservative pamphlets on the Constitution
- [http://www.krusch.com/real/real2.html Krusch, Barry (2003). Would The Real First Amendment Please Stand Up?] Online book arguing that the Supreme Court's interpretation of the First Amendment has created a “virtual First Amendment" that is radically different from the true amendment.
- [http://praxeology.net/LS-NT-0.htm No Treason by Lysander Spooner] 19th century essay argues that the U.S Constitution is without authority. Constitution Constitution Constitution Category:Constitutions ja:アメリカ合衆国憲法

Canada

Canada is the second largest country in the world in terms of area, extending from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean with claims extending to the North Pole. The northern-most country on the mainland of North America, Canada has land borders only with the United States. Governed as a parliamentary democracy and constitutional monarchy, Canada is a federation of ten provinces with three territories. Initially constituted in 1867, the country's constitution was patriated in 1982 from the United Kingdom. Canada's head of state is its monarch, currently Queen Elizabeth II, who is represented in Canada by the Governor General, presently Michaëlle Jean. The head of government is the Prime Minister, currently Paul Martin; his minority government recently lost a vote of non-confidence in the Canadian House of Commons and asked for the dissolution of the Parliament by the Governor General, who then issued a Royal proclamation authorising the issue of election writs, and stating a federal election will take place on 2006 January 23. Canada's official languages are English and French. As of 2005, its official population estimate is approximately 32.4 million [http://www.statcan.ca/english/edu/clock/population.htm].

Overview

The capital city is Ottawa, Ontario, the seat of Canada's Parliament. The Governor General, the Prime Minister, the Leader of the Loyal Opposition, and the Speaker of the House of Commons have official residences in the National Capital Region.National Capital Region, Ontario.]] Originally a union of British colonies with significant French influence and entitled as a "dominion", Canada is a founding member of the United Nations, the Commonwealth of Nations, and La Francophonie. Canada defines itself as a bilingual and multicultural nation:
- English is the official (and majority) language in most provinces of Canada.
- French is the official language of Quebec, an official language of New Brunswick, and is spoken in various areas throughout the country.
- Several Aboriginal languages have official status in the Northwest Territories; Inuktitut is the majority language in Nunavut and has official status there. Canada is a technologically advanced and industrialized nation. It is a net exporter of energy because of its large fossil fuel deposits, nuclear energy generation, and hydroelectric power capacity. Its diversified economy relies heavily on an abundance of natural resources and trade, particularly with the United States, with which it has had a long and complex relationship. Canada has ten provinces and three territories: Canada's major cities that are not capital cities include Montreal, Quebec; Vancouver, British Columbia; and Calgary, Alberta.

Canada's name

The name Canada is believed to come from the Huron-Iroquois word kanata, which means "village" or "settlement". In 1535, locals used the word to tell Jacques Cartier the way to Stadacona, site of present-day Quebec City. Cartier used Canada to refer not only to Stadacona, but also to the entire area subject to Donnacona, Chief at Stadacona; by 1547, maps began referring to this and the surrounding area as Canada.

History

Aboriginal tradition holds that the First Peoples have inhabited parts of what is now called Canada since the dawn of time. Archaeological records show that these lands have been inhabited for at least 10,000 years. Several Viking expeditions occurred circa AD 1000, with evidence of settlement at L'Anse aux Meadows. British claims to North America date from 1497, when John Cabot reached what he called Newfoundland, though it is unclear whether Cabot landed in current Newfoundland, Nova Scotia, or Maine. French claims date from explorations by Jacques Cartier (from 1534) and Samuel de Champlain (from 1603). Neither Cabot's nor Cartier's explorations left any permanent settlers behind. On August 5, 1583, Sir Humphrey Gilbert claimed Newfoundland as England's first overseas colony under Royal Charter of Queen Elizabeth I. In 1604, French settlers were the first Europeans to settle permanently in what is now Canada. After an unsuccessful winter in St. Croix Island (today in Maine), they settled Port-Royal in what is now the Annapolis Valley in Nova Scotia, but moved to found Quebec City in 1608. The current Acadians are descendants of settlers who came later in the same century and re-founded Port-Royal. New France was generally the name given to the French colonies of Canada and Acadia (and later Louisiana).Louisiana, depicts British General Wolfe's final moments during the Battle of the Plains of Abraham in 1759.]] British settlements were established along the Atlantic seaboard and around Hudson Bay. As these colonies expanded, a struggle for control of North America took place between 1689 and 1763 (see French and Indian Wars), exacerbated by wars in Europe between France and Great Britain. France progressively lost territory to Great Britain, surrendering peninsular Nova Scotia in the 1713 Treaty of Utrecht and the remainder of New France including what was left of Acadia in the Treaty of Paris (1763). During and after the American Revolution approximately 70,000 [http://www.uelac.org/whatis.html] Loyalists fled the Thirteen Colonies. Of these, roughly 50,000 United Empire Loyalists [http://www.infoplease.com/ce6/history/A0850061.html] settled in the British North American colonies which then consisted of Newfoundland, Nova Scotia, the Province of Quebec, and Prince Edward Island (created 1769). To accommodate the Loyalists, Britain created the colony of New Brunswick in 1784 from part of Nova Scotia, and divided Quebec into Lower Canada and Upper Canada under the Constitutional Act of 1791. The War of 1812 began when the U.S. attacked British forces in Canada in an attempt to end British influence in North America (and particularly, the British seizures of American merchant ships in the Atlantic). In April 1813, U.S. forces burned York (now Toronto). The British/Canadians retaliated with the burning of Washington (DC) in a surprise attack in August 1814, but were subsequently turned back at Plattsburgh, Baltimore, and New Orleans. The Treaty of Ghent was signed in December 1814. It was only after the French and Napoleonic wars ended in Europe that large-scale immigration to Canada resumed. The Canadas were merged into a single colony, the United Province of Canada, with the Act of Union (1840) in an attempt to assimilate the French Canadians. Once the U.S. agreed to the 49th parallel north as its border with western British North America, the British government created the colonies of British Columbia in 1848 and Vancouver Island in 1849. By the late 1850s, politicians in the Province of Canada had launched a series of western exploratory expeditions with the intention of assuming control of Rupert's Land (administered by the Hudson's Bay Company) and the Arctic. In 1864 and 1866, British North American politicians, in what became known as the Great Coalition, held three conferences to create a federal union. Spearheaded by John A. Macdonald, on July 1, 1867, three colonies—Canada, Nova Scotia, and New Brunswick—were granted a constitution, the British North America Act, by the United Kingdom, creating the Dominion of Canada. The term "Canadian Confederation" refers to this 1867 unification of the provinces of Nova Scotia, New Brunswick, Quebec (formerly Canada East or Lower Canada), and Ontario (formerly Canada West or Upper Canada). The remaining British colonies and territories soon joined Confederation. By 1880 Canada included all of its present area except for Newfoundland and Labrador, which joined in 1949. (It should be noted that, although part of Canada, Alberta and Saskatchewan did not gain Provincial status until 1905.) Newfoundland and Labrador In 1919, Canada became a member of the League of Nations and, in the Imperial Conference of 1926, Canada assumed full control of its own through the Balfour Declaration. In 1927, Canada appointed its first ambassador to a foreign country, the United States. In 1931, the Statute of Westminster gave the Balfour Declaration constitutional force, confirming that no act of the UK's parliament would thereafter extend to Canada without its consent. Canadian citizenship was first distinguished from British in 1947; judicial appeals to the British Judicial Committee of the Privy Council ended in 1949. The power to amend Canada's constitution remained with the British parliament, although subject to the Statute of Westminster, until it was finally "patriated" to Canadian control by the Canada Act 1982. The Quebec sovereignty movement has led to two referendums held in 1980 and 1995, with votes of 59.6% and 50.6% respectively against its proposals for sovereignty-association. In 1997, the Supreme Court of Canada ruled unilateral secession by a province to be unconstitutional.

Geography

unconstitutionalCanada occupies the northern portion (precisely 41%) of North America. It is bordered to the south by the contiguous United States and to the northwest by Alaska. The length of these borders are 6,416 km (3,987 mi) and 2,477 km (1,539 mi), respectively. Off the southern coast of Newfoundland lies Saint-Pierre and Miquelon, an overseas community of France. The country stretches from the Atlantic Ocean in the east to the Pacific Ocean in the west (hence the country's motto). To the north lies the Arctic Ocean; Greenland is to the northeast. Since 1925, Canada has claimed the portion of the Arctic between 60° and 141° W longitude ([http://atlas.gc.ca/site/english/maps/historical/territorialevolution/1927/1]); this claim is not universally recognized. The northernmost settlement in Canada (and in the world) is Canadian Forces Station (CFS) Alert on the northern tip of Ellesmere Island – latitude 82.5° N – just 834 kilometres (518 mi) from the North Pole. Also, the magnetic North Pole lies within Canadian boundaries (although is moving towards Siberia). Canada is the world's second-largest country in total area, after Russia. Much of Canada lies in Arctic regions, however, and thus Canada has only the fourth-most arable land area behind Russia, China, and the U.S. The population density of 3.5 people per square kilometre (9.0/mi²) is among the lowest in the world: Canada has more land area than the U.S., but only one-ninth of its population. The most densely populated part of the country is the Quebec City-Windsor Axis in the east. To the north of this region is the broad Canadian Shield, an area of rock scoured clean by the last ice age, thinly soiled, rich in minerals, and dotted with lakes and rivers—over 60% of the world's lakes are in Canada. The Canadian Shield encircles the immense Hudson Bay, extending from Great Bear Lake in the Northwest Territories at its westernmost point, to the Atlantic coast in Labrador in the east. Newfoundland, North America's easternmost island if Greenland is excluded, is at the mouth of the Gulf of Saint Lawrence, the world's largest estuary. The Canadian Maritimes protrude eastward from the southern coasts of Quebec. New Brunswick and Nova Scotia are divided by the Bay of Fundy, which experiences the world's largest tidal variations. Prince Edward Island is Canada's smallest province. Prince Edward Island; at 5 959 m (19,551 ft), Canada's highest point and second highest in North America.]]West of Ontario, the broad, flat Canadian Prairies spread toward the Rocky Mountains, which separate them from British Columbia. Northern Canadian vegetation tapers from coniferous forests to tundra and finally to Arctic barrens in the far north. The northern Canadian mainland is ringed with a vast archipelago containing some of the world's largest islands. Some specific geographical features of note include the world's largest freshwater island, Manitoulin Island, which divides Georgian Bay and Lake Huron and the world's longest freshwater beach, Wasaga Beach, on the Georgian Bay shoreline. Thanks to past glacial activity in the Canadian Shield, Canada boasts a considerable reserve of fresh water and more lakes than any other nation, roughly two million in all, the overwhelming majority of which are relatively small.

Climate

Canada has a reputation for cold temperatures in the winter months. Winters can be harsh in many regions of the country, particularly in the Prairie Provinces. Temperatures can reach lows of -50°C (-58°F) in the far North however, such low temperatures are not the norm; the record coldest temperature in North America was -63°C (-81°F), at Snag, Yukon, in 1947. Coastal British Columbia is an exception: it enjoys a temperate climate with much milder winters than the rest of the country however, rainy winters are common. Summers in Canada range from mild (low 20s Celsius [70°F]) on the east and west coasts, to hot (mid 20s to low 30s Celsius [75-90°F]) in Central Canada, the Prairies and the intermontane regions of British Columbia. The highest recorded temperature in Canada was 45°C (113°F) at both Midale and Yellow Grass in Saskatchewan on July 5, 1937. For a more complete description of weather norms around Canada, go to www.climate.weatheroffice.ec.gc.ca/climate_normals/index_e.html

Politics

1937] Canada's head of state is the monarch, currently Her Majesty Queen Elizabeth II and commonly referred to as the Queen of Canada. However, the day-to-day duties of head of state are exercised by the Governor General, who is generally a retired politician, military leader, or other notable Canadian; the current Governor General is Michaëlle Jean. All government authority is derived from the monarch, and executive power is wielded by the Prime Minister of Canada and the cabinet. The Governor General is formally appointed by the Queen on the advice of the Prime Minister and is a non-partisan figure who fulfils many ceremonial and symbolic roles including providing Royal Assent to bills, reading the Speech from the Throne, officially welcoming dignitaries of foreign countries, presenting honours such as the Order of Canada, signing state documents, formally opening and ending sessions of Parliament, and dissolving Parliament for an election. The Governor General is also the titular Commander-in-Chief of the Canadian Armed Forces. The position of Governor General also beholds considerable reserve powers, but these have been rarely used. The last to do so was Jeanne Sauvé, who ignored the National Capital Commission and closed the grounds of Rideau Hall in the late 1980s; the most famous use of the Governor General's extraordinary powers was during the King-Byng Affair in 1926. Canada's constitution governs the legal framework of the country and consists of [http://lois.justice.gc.ca/en/const/index.html written text] and unwritten traditions and conventions (see Westminster system). The federal government and the governments of nine provinces agreed to the patriation of the constitution, with procedures for amending it, at a meeting of First Ministers in November 1981. The Quebec government did not agree to the changes, and Quebec nationalists refer to that night as the Night of the Long Knives. The patriation of the Constitution included the adoption of the Canadian Charter of Rights and Freedoms, which guarantees basic rights and freedoms for Canadians that, generally, cannot be overridden by legislation of any level of government in Canada. It contains, however, a "notwithstanding clause", which allows the federal parliament and the provincial legislatures the power to override other sections of the Charter temporarily, for a period of five years. notwithstanding clause]]The position of Prime Minister, Canada's head of government, in practice belongs to the leader of the political party who can command a majority in the House of Commons. The Prime Minister and his or her cabinet are formally appointed by the Governor General; however, the Prime Minister effectively chooses the cabinet and the Governor General, by convention, has to appoint the Prime Minister's desired choices. The Cabinet is drawn, by convention, from members of the prime minister's party in both legislative houses, though mostly from the Com