Eleanor Finch
The US Constitution has 27 amendments, 33 have been proposed. The first 10 are known as the Bill of Rights. Amendments 11-27 include: lawsuits against states; presidential elections; the abolition of slavery; civil rights; black suffrage; income taxes; senatorial elections; prohibition of liquor; women's suffrage; term limits for the presidency; Washington, D.C., suffrage; the abolition of poll taxes; presidential succession; 18-year-old suffrage; and congressional pay raises. The Reconstruction Amendments are the 13th, 14th, and 15th amendments, which cover the abolition of slavery, civil rights, and black suffrage.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| Date of the 15th Amendment | Passed by Congress on February 26, 1869, and ratified on February 3, 1870 |
| What does the 15th Amendment address? | The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude |
| Who did the 15th Amendment grant the right to vote to? | African American men |
| What did the 13th Amendment do? | Set free African Americans |
| What did the 14th Amendment do? | Guaranteed citizenship to African Americans |
| What did the Voting Rights Act of 1965 do? | Abolished all remaining deterrents to exercising the right to vote and authorized federal supervision of voter registration where necessary |
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What You'll Learn
Voting rights for African Americans
The Fifteenth Amendment to the U.S. Constitution, passed by Congress on February 26, 1869, and ratified on February 3, 1870, granted African American men the right to vote. The amendment states that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."
Before the passage of the Fifteenth Amendment, African Americans were legally freed from slavery by the Thirteenth Amendment, and citizenship was guaranteed by the Fourteenth Amendment. However, Black males were often turned away from polling places, and states found creative ways to prevent them from exercising their right to vote.
The Fifteenth Amendment was seen by many as the fulfilment of promises made to African Americans, as it appeared to secure their voting rights. However, in reality, it was just one step in a long struggle for equality. Despite the amendment, African Americans continued to face barriers to voting due to discriminatory practices in many Southern states.
In 1965, President Lyndon B. Johnson urged Congress to pass the Voting Rights Act, aiming to abolish all remaining deterrents to African Americans' right to vote. The Act provided for federal enforcement to remove literacy tests and other tools used to prevent African Americans from voting. It also authorized federal supervision of voter registration and prevented states from changing voting requirements or district boundaries without federal review.
The Voting Rights Act of 1965, extended several times, was a significant step forward in protecting the voting rights of African Americans. However, the struggle for full participation in American public and civic life continued, and it was not until over a century after the Fifteenth Amendment that African Americans could truly begin to participate fully.
Amendments in the Bill of Rights: A Quick Overview
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The right to bear arms
The Second Amendment (Amendment II) to the United States Constitution, also known as "The Right to Keep and Bear Arms," was ratified on December 15, 1791, along with nine other articles of the United States Bill of Rights. The amendment protects the right of Americans to possess weapons for their protection, the defence of their rights, and their property. The original text of the Second Amendment states:
> "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."
The notion of average citizens possessing weapons predates the US Constitution. For instance, in the English Bill of Rights of 1689, Parliament allowed all Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law." This law was later commented on by Sir William Blackstone in his "Commentaries on the Laws of England," where he characterised the possession of weapons as an "auxiliary right" intended to uphold the fundamental rights of self-defence and resistance to tyranny, as well as the responsibility for armed citizens to defend their homeland.
During the colonial and revolutionary periods, legal documents such as the Virginia Declaration of Rights and the Pennsylvania Constitution also asserted the right of citizens to arm themselves as fundamental. After the American Revolution, one of the primary arguments among the framers of the Constitution was the concern that oppressive regimes could utilise soldiers from their large armies to subjugate their people. In response, it was proposed that each state should raise its own militias, composed of average citizens who would be granted the right to assemble, possess weapons, and receive military instruction and compensation from their state governments.
In District of Columbia v. Heller (2008), the Supreme Court affirmed that the Second Amendment protects an individual's right to keep a gun for self-defence. This ruling clarified that the right is not solely for a state-run militia but extends to all citizens. The Court also acknowledged that the right is not unlimited and does not prevent certain long-standing prohibitions, such as those barring "the possession of firearms by felons and the mentally ill." In McDonald v. City of Chicago (2010), the Supreme Court further clarified that state and local governments are limited by the same restrictions as the federal government from infringing upon this right.
Amendments to the US Constitution: Are 27 Enough?
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Search and arrest laws
The 15th Amendment to the U.S. Constitution, passed by Congress on February 26, 1869, and ratified on February 3, 1870, granted African American men the right to vote. This amendment was a significant step in the struggle for racial equality, ensuring that the right to vote could not be denied or abridged based on race, colour, or previous servitude.
Now, regarding search and arrest laws, the Fourth Amendment of the U.S. Constitution provides protections against unreasonable searches and seizures. This includes searches incident to an arrest, which have generally been permitted with little controversy. However, disputes have arisen over the scope of these searches, particularly when they extend beyond the person to their premises or vehicle. The amendment requires that searches be reasonable and based on probable cause, with warrants issued upon Oath or affirmation and particularly describing the place to be searched and the items to be seized.
In certain cases, the Supreme Court has weighed in on the issue. For example, in Harris v. United States, the Court approved a search of an apartment pursuant to an arrest warrant for one crime, even though the search uncovered evidence of another. Conversely, in Trupiano v. United States, the Court reversed a conviction because officers had failed to obtain a search warrant when they had the opportunity to do so. These cases highlight the complexities and ongoing debates surrounding search and arrest laws.
Additionally, the Court has addressed the issue of compulsory breath and blood tests for suspected drunk driving. In these cases, the Court has applied a balancing test, weighing individual privacy interests against legitimate state interests, such as public safety. This nuanced approach demonstrates the dynamic nature of search and arrest laws, which continue to evolve through judicial interpretation and legislative action.
While the Fourth Amendment provides important safeguards, there are also limitations. For instance, there is no constitutional requirement for an officer to inform an arrestee of the reason for their arrest, as seen in Devenpeck v. Alford. Furthermore, police officers have significant discretion in deciding whether to issue a summons or make an arrest for minor traffic offences, as demonstrated in Atwater v. City of Lago Vista. These cases underscore the ongoing challenges in balancing individual rights with law enforcement needs in the context of search and arrest laws.
Capitalizing Constitutional Amendments: A Style Guide Conundrum
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Fair trial rights
The right to a fair trial is a fundamental human right that is recognised internationally. This right is enshrined in the Sixth Amendment of the US Constitution, which guarantees that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed".
The Sixth Amendment outlines several key provisions that are essential for ensuring fair trial rights. These include the right to a public trial, which promotes transparency and allows the public to bear witness to the proceedings, and the right to an impartial jury, ensuring that the accused is judged by a group of their peers who are unbiased and unbiasedly selected. Additionally, the accused has the right to be informed of the nature and cause of the accusation, enabling them to understand the charges brought against them and effectively mount a defence.
The Sixth Amendment also grants the accused the right to confront the witnesses against them and to obtain witnesses in their favour. This ensures that the accused has the opportunity to challenge the evidence presented by the prosecution and present their own evidence to support their defence. Furthermore, the amendment guarantees the right to the assistance of counsel for their defence, recognising the importance of legal representation in ensuring a fair trial.
While the Sixth Amendment provides these crucial protections, it is important to acknowledge that fair trial rights can still be undermined in various ways. For example, the presumption of innocence, a fundamental principle of fair trials, can be compromised by practices such as coercive policing, pre-trial detention, and the use of abusive interrogation tactics. Additionally, discrimination and bias within criminal legal systems can also impede fair trial rights, as seen in the historical context of African American disenfranchisement, where discriminatory voting practices persisted even after the enactment of the Fifteenth Amendment, which granted African American men the right to vote.
Amendments to the Constitution: A Historical Evolution
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Voting rights for women
The right to vote for women, also known as women's suffrage, was introduced in the United States Constitution as the Nineteenth Amendment (Amendment XIX). The amendment was ratified on August 18, 1920, and it prohibits the United States and its states from denying any citizen the right to vote on the basis of sex, effectively guaranteeing women the right to vote.
The Nineteenth Amendment was the culmination of a long and arduous struggle by women's suffrage organisations and activists like Susan B. Anthony, Elizabeth Cady Stanton, Alice Paul, and Lucy Burns. The movement for women's suffrage in the United States began in the mid-19th century and gained momentum in the late 19th century, particularly in western states and territories. Wyoming, Utah, Colorado, and Idaho had granted women the right to vote by the end of the 19th century.
The first women's suffrage amendment was introduced in Congress in 1878 but was rejected in 1887. In the 1890s, suffrage organisations shifted their focus to a national amendment while continuing to work at the state and local levels. Their efforts, combined with the increasing participation of women in the workforce and their contributions during World War I, helped build a stronger case for women's suffrage. Members of the National Woman's Party conducted protests and demonstrations, calling for a constitutional amendment that would extend the right to vote to women.
The suffrage amendment finally passed the House of Representatives and the Senate in 1919 and was then submitted to the states for ratification. It achieved the required 36 ratifications, and women's right to vote was secured and constitutionally protected. The Nineteenth Amendment marked a significant milestone in the women's rights movement and empowered women to participate equally in the democratic process.
Today, the passage of the Nineteenth Amendment is celebrated annually on August 26 as Women's Equality Day, commemorating the hard-fought victory for women's suffrage and continuing the legacy of the women who dedicated their lives to achieving equality and political representation for all.
Formal Ways to Amend the Constitution
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Frequently asked questions
There are 27 amendments to the US Constitution.
The Fifteenth Amendment states that citizens of the United States have the right to vote and that this right shall not be denied or abridged by the United States or any State on account of race, colour, or previous condition of servitude.
The Thirteenth, Fourteenth, and Fifteenth Amendments are collectively known as the Reconstruction Amendments.
The Eighteenth Amendment established the prohibition of alcohol. It was ratified in 1919 and repealed by the Twenty-first Amendment in 1933.
The Eleventh Amendment states that the Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
