Constitutional Amendments: What Are Our Rights?

The Constitution of the United States has been amended twenty-seven times since its ratification in 1788, with the first ten amendments, known as the Bill of Rights, being passed in 1789 and ratified on December 15, 1791. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines a process involving Congress, the Archivist of the United States, and the States. The amendments guarantee various rights and liberties, such as the 14th Amendment, which extended rights to formerly enslaved people, and the 26th Amendment, which lowered the voting age to 18. The Tenth Amendment specifies that the Federal Government's powers are limited to those delegated in the Constitution, while the Ninth Amendment affirms that the listing of specific rights in the Constitution does not exclude other rights not explicitly mentioned. These amendments play a crucial role in shaping American law and safeguarding the rights of citizens.

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The Tenth Amendment and federal power

The Tenth Amendment to the U.S. Constitution, ratified in 1791, is a key component of the Bill of Rights, clarifying the power dynamics between the federal government and the states. It states that any powers not specifically granted to the federal government are reserved for the states or the people. In other words, it emphasizes that the federal government's authority is limited to the powers explicitly outlined in the Constitution, while the states retain all other powers.

The text of the Tenth Amendment is concise, consisting of just a single sentence: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This amendment was designed to address concerns about the balance of power between the federal and state governments and to ensure that the federal government's powers were limited in scope.

The Tenth Amendment has been invoked in several Supreme Court decisions to determine whether the federal government has overstepped its authority. For example, in United States v. Alfonso D. Lopez, Jr. (1995), the Court ruled that federal laws establishing "gun-free zones" on public school campuses were unconstitutional because the Constitution did not authorize them. Similarly, in United States v. Darby (1941), the Supreme Court affirmed the Tenth Amendment's principle, stating that it is "but a truism that all is retained which has not been surrendered."

The Tenth Amendment also has implications for state and local governments, which have occasionally attempted to assert their authority in certain areas, such as labour and environmental controls, by citing the Tenth Amendment. This amendment, along with the Ninth Amendment, is unique in that it does not explicitly grant constitutional rights but instead serves as a rule for interpreting the Constitution. It reinforces the principles of federalism and state sovereignty, ensuring that the federal government maintains only the powers specifically delegated to it by the Constitution.

The Fourteenth Amendment and civil rights

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. It addresses citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War, and its enactment was bitterly contested.

The Fourteenth Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people. It granted citizenship to "all persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved people. It also stated that "nor shall any state deprive any person of life, liberty, or property, without due process of law". The amendment's first section is one of the most litigated parts of the Constitution, with the "equal protection of the laws" being the most commonly used and frequently litigated phrase. This phrase has figured prominently in landmark cases such as Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), and Bush v. Gore (election recounts).

While the Fourteenth Amendment was intended to protect the rights of Black citizens, it ultimately failed to do so. Citizens, Congress, and the executive branch all made efforts to empower the amendment during Reconstruction, but they were unsuccessful. The amendment also did not empower Congress to outlaw racial discrimination by private individuals, as seen in the Civil Rights Cases (1883).

Despite its shortcomings, the Fourteenth Amendment laid the groundwork for significant changes in the 20th century. The arguments and dissenting opinions put forth during Reconstruction provided the basis for these changes, which continued the struggle for equal civil and legal rights for Black citizens.

The Twenty-Sixth Amendment and voting rights

The Twenty-Sixth Amendment to the United States Constitution guarantees the right of US citizens who are at least eighteen years old to vote and prohibits the federal government and the states from denying this right on the basis of age. The amendment was passed by Congress on March 23, 1971, and ratified on July 1, 1971, making it the fastest amendment to be adopted in the history of the United States.

The drive to lower the voting age from 21 to 18 gained momentum during the 1960s, influenced by the military draft for the Vietnam War, which conscripted young men between the ages of 18 and 21. This led to the emergence of a youth rights movement, with proponents of lowering the voting age using the slogan "old enough to fight, old enough to vote". Various public officials supported this movement, but legislative progress was slow.

In 1970, congressional allies included a provision for the 18-year-old vote in a bill extending the Voting Rights Act. However, the Supreme Court, in the case of Oregon v. Mitchell, ruled that Congress could not unilaterally lower the voting age for state and local elections, although it upheld the provision for federal elections. This ruling created confusion and logistical challenges, as separate voter rolls and elections would have been required for federal and state contests.

To address this, Congress quickly proposed the Twenty-Sixth Amendment, which was overwhelmingly supported by the Senate and the House of Representatives. The amendment was then sent to the state legislatures for ratification, with a majority of states approving it. The amendment ensures that citizens who are deemed old enough to serve in the military are also granted the right to participate in the democratic process and have a say in the government's decisions that affect their lives.

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The ratification process

The first method, which has been used for all 33 amendments submitted to the states for ratification, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process, and the joint resolution is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes, publishes the resolution in slip law format, and assembles an information package for the states.

The Archivist of the United States then submits the proposed amendment to the states for their consideration by sending a letter of notification to each state governor, along with the informational material prepared by the OFR. The governors formally submit the amendment to their state legislatures or call for a convention, as specified by Congress. States that ratify the proposed amendment send an original or certified copy of the state action to the Archivist, who delegates many of these duties to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.

The second method for proposing amendments, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures.

An amendment becomes part of the Constitution when it is ratified by three-quarters of the states (38 out of 50), rather than on the later date when its ratification is certified. The OFR verifies the receipt of the required number of authenticated ratification documents and drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete. The signing of the certification has become a ceremonial function that may be attended by various dignitaries, including the President.

The Bill of Rights

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 Tenth Amendment specifies that the Federal Government only has those powers delegated to it in the Constitution. It further clarifies that the federal government is limited in its scope, and that its decisions should be investigated as potential overreaches of its authority rather than infringements on civil liberties.

The process of amending the Constitution is outlined in Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures. Once an amendment is proposed, the Archivist of the United States administers the ratification process, sending a letter of notification to each state governor along with informational material. The governors then submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified. Once an amendment is ratified by the required number of states, the Archivist certifies that it is valid and has become part of the Constitution.

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