Isabella Carter
The United States Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were adopted in 1791. Amending the Constitution was designed to be a challenging process, and while thousands of amendments have been proposed, only one amendment has been repealed—the 18th Amendment, which established Prohibition, was overturned by the 21st Amendment in 1933.
| Characteristics | Values |
|---|---|
| Total number of amendments to the US Constitution | 27 |
| Number of amendments overturned | 1 |
| The amendment that was overturned | 18th Amendment (Prohibition) |
| Amendment that overturned the 18th Amendment | 21st Amendment |
| Year the 18th Amendment was passed | 1919 |
| Year the 21st Amendment was passed | 1933 |
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What You'll Learn
The 21st amendment overturned the 18th
The Eighteenth Amendment to the United States Constitution, ratified on January 16, 1919, imposed a nationwide prohibition on alcohol. The ban on the manufacture, sale, and transportation of alcohol was the result of a century of reform movements aimed at reducing alcohol consumption to prevent drunkenness and the violence associated with it. While many Americans still consumed alcohol, the Eighteenth Amendment led to the formation of an underground market, which fuelled the rise of organised crime groups like the Chicago Outfit led by Al Capone.
By the 1930s, public sentiment toward prohibition had turned negative, and Congress was compelled to act. On February 20, 1933, Congress proposed a new amendment to end prohibition, which was ratified on December 5, 1933. This Twenty-first Amendment expressly repealed the Eighteenth Amendment, bringing an end to the Prohibition Era. The Twenty-first Amendment is unique among the amendments to the U.S. Constitution as it is the only one to repeal a prior amendment and the only one ratified by state ratifying conventions.
The Twenty-first Amendment also included a provision that allowed states to regulate the sale, manufacture, and transportation of alcohol. This was to account for the varying levels of support for prohibition laws across the country. While the national prohibition was repealed, several states continued to be ""dry states", closely regulating the distribution of alcohol. Mississippi was the last state to lift all its Prohibition-era laws in 1966, and Kansas lifted its ban on public bars in 1987.
The Twenty-first Amendment demonstrated an unprecedented decision to repeal a constitutional amendment. It showcased the power of political movements in influencing constitutional changes, as the growing opposition to the Eighteenth Amendment led to its eventual repeal. The process of repealing the Eighteenth Amendment also highlighted the complexity of amending the Constitution, with the utilisation of state ratifying conventions instead of the more common method of state legislatures to overcome the influence of the temperance lobby.
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The 14th amendment incorporated parts of the first eight
The 14th Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments following the Civil War. It addresses citizenship rights and equal protection under the law at all levels of government.
The 14th Amendment's first section is one of the most litigated parts of the Constitution, and it incorporates parts of the first eight amendments. The Privileges or Immunities Clause, for example, was interpreted in the Slaughter-House Cases (1873) as preventing states from impeding federal rights, such as the freedom of movement. The Due Process Clause, on the other hand, builds on the Fifth Amendment to prohibit all levels of government from depriving people of life, liberty, or property without substantive and procedural due process. This clause also supports the incorporation doctrine, applying portions of the Bill of Rights to the states.
The Equal Protection Clause, another significant component of the 14th Amendment, requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction. This clause was written to constitutionalize the anti-discrimination principles of the Civil Rights Act of 1866 and prevent the enforcement of the southern states' Black Codes. The clause also restrains the government from engaging in discriminatory tax assessment.
The 14th Amendment also granted Congress the power to enforce this amendment, leading to the passage of other landmark legislation in the 20th century, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965. While the 14th Amendment was a significant step forward, it ultimately failed to extend the Bill of Rights to the states and protect the rights of Black citizens. Citizens, both Black and White, petitioned, initiated court cases, and advocated for measures to safeguard everyone's rights.
In conclusion, the 14th Amendment, while not perfect, played a crucial role in extending liberties and rights granted by the Bill of Rights to formerly enslaved people and addressing issues affecting freed slaves after the Civil War. It laid the foundation for future civil rights legislation and continues to be a significant part of the United States Constitution.
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The 17th amendment: direct election of Senators
The 17th Amendment to the US Constitution, ratified on April 8, 1913, introduced the direct election of senators by the voting public during elections. This amendment overrides the previous Constitution's provisions, which stated that senators were to be chosen by state legislatures.
The direct election of senators was not what the framers of the US Constitution had in mind when they met at the Constitutional Convention in 1787. Article I, Section 3 of the Constitution, as written by the framers, provided for the election of senators by state legislatures. However, this system led to wealthier and more influential candidates bribing legislatures to appoint them in exchange for favours. It also resulted in electoral deadlocks, where state legislatures failed to reach agreements, leaving some Senate seats vacant for extended periods.
The movement for direct election gained momentum in the late 19th and early 20th centuries, with the Populist Party's Omaha Platform in 1892 explicitly calling for it. In 1906, publisher William Randolph Hearst, a proponent of direct election, hired novelist David Graham Phillips to write a series of articles on the subject. Published in Cosmopolitan magazine, Phillips' "The Treason of the Senate" offered an unflattering portrayal of senators as pawns of industrialists and financiers, further galvanising public support for reform.
In 1910 and 1911, the House passed proposed amendments for the direct election of senators, which included a ""race rider" meant to prevent federal intervention in cases of racial discrimination among voters. On June 12, 1911, Senator Joseph Bristow of Kansas offered a substitute amendment that provided for the direct election of senators without the "race rider." This resolution moved to the House of Representatives, which approved it, and then to the states for ratification. Connecticut's approval on April 8, 1913, gave the Seventeenth Amendment the required three-fourths majority needed for ratification. Augustus Bacon of Georgia was the first senator directly elected under the terms of the Seventeenth Amendment on July 15, 1913.
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The 16th amendment: federal income tax
The 16th Amendment to the US Constitution, which came into effect on February 3, 1913, grants Congress the authority to levy an income tax without apportioning it among the states on the basis of population. The official text of the amendment is as follows:
> The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
The 16th Amendment was passed by Congress in 1909 in response to the 1895 Supreme Court case of Pollock v. Farmers' Loan & Trust Co. The Supreme Court ruled that income taxes on rents, dividends, and interest were "direct taxes" and thus had to be apportioned among the states based on population. The Sixteenth Amendment effectively overruled this decision, with the amendment ratified by the requisite number of states on February 3, 1913, and certified by Secretary of State Philander C. Knox on February 25, 1913.
The 16th Amendment had a significant impact on how the federal government received funding, shifting the burden of taxation from tariffs, which were seen as unfairly taxing the poor, to a progressive income tax that shifted the burden onto wealthier individuals. The Revenue Act of 1913, enacted soon after the amendment was ratified, imposed a federal income tax. The Supreme Court upheld this income tax in the 1916 case of Brushaber v. Union Pacific Railroad Co., and the federal government has continued to levy an income tax since 1913.
The 16th Amendment came about due to the efforts of progressive groups who sought to implement a federal income tax as a more equitable way of raising revenue. These groups argued that it was fairer for wealthy individuals to bear a larger share of the tax burden. The rise of the Progressive Party and the victory of the Democratic Party in the 1912 Presidential Election contributed to the successful ratification of the amendment. From 1909 to 1913, thirty-six out of the then-forty-eight states ratified the amendment.
While the 16th Amendment has not been overturned, there has been recent talk of its repeal. The odds of any constitutional amendment being repealed are extremely low, and only one amendment, the 18th Amendment establishing Prohibition, has been repealed by the states so far.
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The 22nd amendment: presidential term limits
The 22nd Amendment to the US Constitution, which imposes term limits on the presidency, has been the subject of much debate since its ratification in 1951. The amendment states that "no person shall be elected to the office of the President more than twice," and outlines eligibility requirements for unfinished presidential terms.
The history of the 22nd Amendment dates back to 1947, two years after the death of President Franklin D. Roosevelt, who had served four terms as president. In response to Roosevelt's lengthy tenure, the House of Representatives proposed Joint Resolution 27, which called for a limit of two four-year terms for future presidents. After revisions by the Senate, the proposed amendment was approved and sent to the states for ratification on March 21, 1951.
The 22nd Amendment has faced opposition and attempts to modify or repeal it. Some argue that it infringes on democratic rights, while others suggest altering it to allow non-consecutive terms. Despite these debates, the amendment has been successful in limiting presidents to two elected terms since its ratification.
The applicability of the 22nd Amendment in relation to the 12th Amendment has also been questioned. The 12th Amendment, ratified in 1804, states that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President." This has raised ambiguity about whether a two-term president could later serve as vice president and potentially succeed to the presidency. However, this scenario has not yet been tested in practice.
In conclusion, the 22nd Amendment, despite its controversial nature, has been effective in enforcing term limits for US presidents. The debates surrounding it highlight the complexities of amending the Constitution and the balancing of democratic ideals with practical considerations of leadership continuity and succession.
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Frequently asked questions
Only one amendment, the 18th Amendment, has been overturned.
The 18th Amendment prohibited "the manufacture, sale, or transportation of intoxicating liquors" nationwide.
The 18th Amendment was ratified on January 16, 1919, after years of advocacy by the temperance movement.
The 18th Amendment proved to be highly unpopular, and by the early 1930s, a political movement grew for its repeal.
The 21st Amendment, which repealed the 18th Amendment, was proposed by Congress on February 20, 1933, and was ratified by the requisite number of states on December 5, 1933.
