Amendments: Constitution's Living Sections

The US Constitution is composed of a preamble, seven articles, and 27 amendments. Amendments are changes made to the Constitution and must be ratified by three-fourths of the states to become part of the Constitution. The first 10 amendments, ratified on December 15, 1791, are known as the Bill of Rights. Amendments 11-27 were added later, with the 13th, 14th, and 15th amendments known as the Reconstruction Amendments. Each amendment is further divided into sections, with each section addressing a specific aspect of the amendment. For example, Article III, section 2 of the Constitution was modified by Amendment 11, which pertains to judicial power. While there have been approximately 11,848 proposals to amend the Constitution since 1789, the process of amending this foundational document is a rigorous and thoughtful one, reflecting the importance placed on upholding and evolving the principles upon which the nation was founded.

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The first 10 amendments are the Bill of Rights

The first ten amendments to the United States Constitution are together known as the Bill of Rights. These amendments were ratified on December 15, 1791, and form what is known as the "Bill of Rights". The amendments were proposed following the 1787–88 debate over the ratification of the Constitution and written to address objections raised by Anti-Federalists. They add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, assemble, and other natural and legal rights.

The Bill of Rights also includes explicit limitations on the government's power in judicial and other proceedings. It declares that all powers not specifically granted to the federal government by the Constitution are reserved for the states or the people. The Fifth Amendment, for example, provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury, and that a person cannot be tried twice for the same offence (double jeopardy) or have property taken away without just compensation. People also have the right against self-incrimination and cannot be imprisoned without due process of law.

The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges. The Seventh Amendment extends the right to a jury trial in Federal civil cases. The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment. The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.

The Bill of Rights had little judicial impact for the first 150 years of its existence. However, it was considered essential to acquire the "character of fundamental maxims of free government".

Amendments 11-27

In the US Constitution, Amendments 11-27 refer to the amendments that were made after the Bill of Rights, which comprises the first 10 amendments.

Amendment XI

Passed by Congress on March 4, 1794, and ratified on February 7, 1795, Amendment XI established the legal doctrine of "sovereign immunity", which protects government entities or officers from being sued over the performance of their duties.

Amendment XII

Adopted in 1804, Amendment XII revised the procedures for using the Electoral College to elect the President and Vice-President.

Amendment XIII

Passed by Congress on June 13, 1866, and ratified on July 9, 1868, Amendment XIII abolished slavery and involuntary servitude in the United States, except as punishment for crimes.

Amendment XIV

Passed by Congress on March 23, 1971 and ratified on July 1, 1971, Amendment XIV grants US citizens aged 18 and above the right to vote. It also states that no person shall be deprived of life, liberty, or property without due process of law.

Amendment XVIII

Ratified in 1933, Amendment XVIII repealed the 1920 amendment that imposed Prohibition, returning to the states the power to regulate alcohol.

Amendment XX

This amendment states that no person shall be elected President more than twice, and that no person who has held the office of President for more than two years of a term to which another person was elected shall be elected President more than once.

The remaining amendments also cover a range of topics, including the procedures for using the Electoral College, income tax, and the rights of citizens to vote in elections. The 27th Amendment, proposed in 1789 as part of the original Bill of Rights, was finally ratified in 1992 after a student-led campaign.

The Reconstruction Amendments

The 13th Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. It also changed a portion of Article I, Section 2 of the Constitution. The 15th Amendment, the last of the Reconstruction Amendments, was proposed in 1869 and ratified on February 3, 1870. It prohibits the federal and state governments from denying any citizen the right to vote based on "race, color, or previous condition of servitude".

The promise of these amendments was eroded by state laws and federal court decisions throughout the late 19th century. For example, in 1876 and beyond, some states passed Jim Crow laws that limited the rights of African Americans. The full benefits of the Reconstruction Amendments were not realized until the mid-20th century, with the Supreme Court decision in Brown v. Board of Education in 1954, and laws such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

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The Twenty-first Amendment

Section 1 of the Twenty-first Amendment expressly repeals the Eighteenth Amendment. Section 2 bans the importation of alcohol into states and territories where it remains illegal, giving states the power to regulate the sale, manufacture, and transportation of alcohol. This has led to a patchwork of alcohol regulations across the country, with some states and municipalities continuing to ban alcohol or closely regulate its distribution.

The process of amending the Constitution

Firstly, two-thirds of both houses of Congress propose an amendment. Then, state legislatures in three-fourths of the states approve the amendment. This method has been used for all but one of the 27 amendments.

Secondly, two-thirds of both houses of Congress propose an amendment. Then, three-fourths of the states approve the amendment at ratifying conventions. Only the 21st Amendment, which repealed Prohibition, was ratified this way.

Thirdly, two-thirds of the states can call for a constitutional convention, but this has never happened successfully. The states can propose amendments of their own, bypassing the congressional proposal process.

Finally, amendments can be ratified by three-fourths of state legislatures and three-fourths approval at a state convention.

The first ten amendments to the Constitution, known as The Bill of Rights, were ratified in 1791. Amendments 11-27 were added later, with the most recent amendment, the 27th, being added in 1971.

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