Amendments: How The Constitution Evolved

The process of amending the US Constitution is a complex one. Since 1789, there have been over 11,000 proposed amendments, but only 27 have been ratified. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. Amendments can be proposed by Congress or by national convention and must be ratified by three-fourths of the states to become part of the Constitution. The process of amending the Constitution has been used to address a range of issues, from the election of senators to term limits for the presidency and voting rights in the District of Columbia.

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The Bill of Rights

The United States Constitution has seen more than 11,000 proposed amendments, but only 27 have been ratified. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. The 1789 Joint Resolution of Congress proposing these amendments is on display in the National Archives' Rotunda for the Charters of Freedom.

• The Fifth Amendment, which establishes due process protections for the accused and the right against self-incrimination.
• The Sixth Amendment, which guarantees the right to a speedy trial, to confront accusers, and to an attorney.
• The Seventh Amendment, which guarantees the right to a trial by jury in civil cases.
• The Eighth Amendment, which prohibits excessive bail, fines, and cruel and unusual punishments.
• The Ninth Amendment, which states that the rights not enumerated in the Constitution are retained by the people.
• The Tenth Amendment, which reserves powers not delegated to the United States by the Constitution to the states or to the people.

The process of amending the Constitution is governed by statutes enacted by Congress. Amendments can be proposed by Congress with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress on the application of two-thirds of the states. To become part of the Constitution, an amendment must be ratified by three-fourths of the states, either through their legislatures or state ratifying conventions. The Archivist of the United States administers the ratification process and issues a certificate when an amendment becomes operative.

Ratification by state legislatures

The process of amending the U.S. Constitution is outlined in Article V of the Constitution. After an amendment is proposed and passed by Congress, it is sent to the states for ratification by a vote of the state legislatures. This is known as the "ratification by state legislatures" process.

The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist sends a letter of notification along with informational material about the proposed amendment to each state governor. The governors then formally submit the amendment to their state legislatures for consideration and a vote.

For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (currently 38 out of 50 states). This requirement ensures that a majority of states agree to the proposed change to the nation's founding document. The ratification process can vary in length, with some amendments being ratified within a short period and others taking much longer. For example, the 27th Amendment, the most recent amendment, was passed by Congress in 1789 but was not ratified until 1992, after a gap of two centuries.

State legislatures play a crucial role in the amendment process, as they have the power to accept or reject a proposed amendment. In some cases, state legislatures have acted on a proposed amendment even before receiving official notification. This highlights the importance and active participation of the states in shaping the Constitution.

The ratification by state legislatures process has been used for every amendment to the Constitution thus far. It is worth noting that Article V also provides for an alternative process, which has never been utilized. If requested by two-thirds of the state legislatures, Congress shall call a constitutional convention for proposing amendments. This alternative process highlights the flexibility built into the amendment process, allowing for different avenues to propose and ratify changes to the Constitution.

Presidential term limits

The Twenty-Second Amendment, which limits the number of terms a person can serve as President of the United States to two, was ratified in 1951. This amendment was passed in reaction to Franklin D. Roosevelt's unprecedented four terms as President, the last of which began in 1945. Roosevelt was the first president to be elected to a third term, and he won a fourth term in 1944.

The Twenty-Second Amendment states that:

> No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.

However, the amendment also includes a clause that states that it:

> . . . shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

The Twenty-Second Amendment has yet to be applied, and commentary suggests that there are a number of issues with its meaning and application, especially in relation to the Twelfth Amendment. For example, while the Twenty-Second Amendment bars the election of two-term presidents, it does not prevent someone who has been twice elected President from succeeding to the office after having been elected or appointed Vice President.

For an amendment to the U.S. Constitution to be ratified, it must be ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by Congress. Out of the more than 11,000 amendments proposed, only 27 have been ratified, the first 10 of which were ratified in 1791 and are known as the Bill of Rights.

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State appointment of senators

The United States Constitution has been amended 27 times since its ratification in 1789. More than 11,000 amendments have been proposed, but only 27 have been ratified, out of 33 passed by Congress and sent to the states.

The Seventeenth Amendment to the Constitution (1913) established the direct election of senators and a means of filling vacant Senate seats. Before this, state legislatures had the power to choose US senators, but the Seventeenth Amendment removed this power and gave it directly to the voters of each state. This was a significant change to the structure of Congress as set out in Article I of the Constitution.

The movement in favor of the popular election of senators gained momentum in the late 19th century, fuelled by a perception of the Senate as an out-of-touch and corrupt elite. By 1912, many state legislatures supported the change, leading to the ratification of the Seventeenth Amendment the following year.

The Seventeenth Amendment also allows state legislatures to empower the governor to appoint a replacement senator if a vacancy occurs due to death, resignation, or expulsion. The appointed senator would then complete the term or hold office until a special election can be held. Some states, however, require a special election to fill the vacancy or stipulate that the appointed senator must be from the same political party as their predecessor.

The Electors Appointment Clause (Article II, Section 1, Clause 2) gives states the power to select electors to vote for the President and Vice President. The number of electors each state appoints is equal to the number of its senators and representatives in Congress.

Prohibition of alcohol

The Eighteenth Amendment to the U.S. Constitution, which prohibited the manufacture, sale, and transportation of alcohol, was passed by Congress on December 18, 1917, and ratified on January 16, 1919. It marked the culmination of nearly a century of reform movements aimed at reducing alcohol consumption and preventing the negative consequences associated with alcoholism and drunkenness, such as disorder and violence.

The temperance movement, which promoted temperate consumption with hopes for eventual prohibition, had early advocates as far back as the nation's earliest years. By the mid-1830s, over 200,000 people belonged to the American Temperance Society, with many prominent proponents being women, who were viewed as the more virtuous sex and responsible for children's moral education. They were often the most affected by alcoholic family members due to their lack of rights and protections during that era.

The movement gained momentum during the Progressive Era, particularly in rural American communities, as the new income tax freed the government from relying on liquor tax revenues. The direct election of senators also subjected them to greater pressure from temperance advocates. The Anti-Saloon League, backed by many women and Protestants, was a driving force in abolishing alcohol manufacture. Additionally, a temporary prohibition during World War I to conserve grain contributed to the growing sentiment.

The Eighteenth Amendment was quickly ratified within a year of being submitted by Congress for state ratification. It stood as law for the next 13 years, during which time it did lead to a decrease in alcoholism and drunkenness. However, it also inadvertently fostered lawlessness and strengthened organized crime. A black market for alcohol emerged, and speakeasies became popular, with citizens willing to flout the law to consume alcohol. The crime and general ineffectiveness associated with prohibition, coupled with the need for tax revenue and jobs during the Great Depression, ultimately led to the repeal of the Eighteenth Amendment through the ratification of the Twenty-First Amendment on December 5, 1933.

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