Malcolm Rivera
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. The United States Constitution, composed of the Preamble, seven articles, and 27 amendments, has a two-step process for amendments. Amendments must be properly proposed and ratified before becoming operative. This process is designed to strike a balance between the excesses of constant change and inflexibility.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| First Amendment | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. |
| Second Amendment | 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. |
| Eighteenth Amendment | Established the prohibition of alcohol |
| Twenty-first Amendment | Explicitly repealed the Eighteenth Amendment |
| Nineteenth Amendment | Passed by Congress on June 4, 1919, and ratified on August 18, 1920, to grant women the right to vote |
| Amendment Process | Proposed by Congress and ratified by three-fourths of state legislatures (38 since 1959) |
| Number of Proposals | Approximately 11,848 proposals introduced in Congress since 1789 |
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What You'll Learn
The process of amending the Constitution
The United States Constitution has been amended 27 times since it was first drafted in 1787. The process of amending the Constitution is outlined in Article V of the Constitution. It is a difficult and time-consuming process, as Chief Justice John Marshall wrote in the early 1800s, "the Constitution was written to endure for ages to come".
There are two ways to propose an amendment to the Constitution. The first is through a proposal by Congress, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The second is through a constitutional convention called for by two-thirds of the State legislatures. However, in practice, all amendments to date have been proposed by Congress, and no amendments have been proposed by constitutional convention.
Once an amendment is proposed, it must be ratified. Ratification can occur in two ways. The first is through ratification by the legislatures of the States (38 out of 50 States). The second is through a process outlined in Article V of the Constitution, which involves the Archivist of the United States and the Director of the Federal Register. The Archivist and the Director follow procedures and customs established by the Secretary of State and the Administrator of General Services.
After an amendment is ratified, the Archivist of the United States certifies that the amendment is valid and has become part of the Constitution. 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 attended by various dignitaries, sometimes including the President.
Amendments to the Constitution must be of major impact, affecting all Americans or securing the rights of citizens. They are not meant to be political fixes but rather enduring changes that improve the nation as a whole. The amendment process is deliberately challenging, ensuring that any changes made to the Constitution are carefully considered and widely supported.
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The Bill of Rights
The first ten amendments also ensure protections such as due process and trial by jury. The Fifth Amendment, for instance, 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. The Sixth Amendment provides additional protections, 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 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 says that the Federal Government only has those powers delegated in the Constitution.
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The Reconstruction Amendments
The 13th Amendment, which abolished slavery and involuntary servitude (except as punishment for a crime), was proposed in 1864 and ratified in 1865. It changed a portion of Article IV, Section 2 of the Constitution, and granted Congress the power to enforce this article by appropriate legislation.
The 14th Amendment, which addresses citizenship rights and equal protection under the law for all persons, was proposed in 1866 and ratified in 1868. It changed a portion of Article I, Section 2 of the Constitution. The amendment states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the state in which they reside. It also prohibits states from making or enforcing any law that abridges the privileges or immunities of US citizens, or denying any person life, liberty, or property without due process.
The 15th Amendment, which prohibits federal and state governments from denying citizens the right to vote based on "race, color, or previous condition of servitude", was the last of the Reconstruction Amendments. It was proposed in 1869 and ratified in 1870. This amendment was important in protecting the franchise of black men, as by 1869, voting rights had been restricted in all states to white men.
While these amendments were intended to guarantee the freedom and civil rights of the formerly enslaved, their promise was eroded by state laws and federal court decisions throughout the late 19th century. It was not until the mid-20th century, with Supreme Court decisions like Brown v. Board of Education and civil rights legislation, that the full benefits of the Reconstruction Amendments were realized.
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Congressional compensation
The Twenty-Seventh Amendment to the United States Constitution, also known as the Congressional Compensation Amendment, addresses the issue of financial compensation for members of Congress. The amendment's history spans over two centuries, from the Colonial Era to the 1990s, and it was finally ratified on May 7, 1992, making it the most recent addition to the Constitution.
The Twenty-Seventh Amendment states that "no law, varying the compensation for the services of the Senators and Representatives, shall take effect until an election of Representatives shall have intervened." In simpler terms, this amendment prevents any changes to the salary of Congress members from taking effect until after the next election. This was done to prevent corruption in the Legislative Branch, ensuring that none of the Congress members would receive increased salaries before being voted out of office.
The idea of compensating legislators was consistent with the ancient British practice followed by the American colonies and later by the state governments. The Framers of the Constitution determined that members of Congress would receive compensation for their services, but there was debate over who should set the amount—the Constitution, the Members themselves, or the state legislatures. Ultimately, it was decided that the national government would compensate Members of Congress, with the amounts set by congressional legislation.
However, the original Constitution did not prevent federal laws that increased or decreased Members' compensation from becoming operative before the next congressional election. This absence of an intervening electoral check on Congress's power to set its own pay was viewed as a flaw by some delegates to the state conventions. They felt that Members of Congress could abuse this power, and several state conventions recommended amendments to address these concerns. Early in the First Congress, James Madison, then a Virginia congressman, introduced resolutions proposing to amend the Constitution, including the Congressional Pay Amendment.
The Twenty-Seventh Amendment has faced little litigation since its ratification, and the Supreme Court has not interpreted it. However, it is unique for the time span between its proposal and ratification and the lobbying campaign that brought it back into the public consciousness.
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Additional transparency and accountability
The US Constitution has 27 amendments, with the first 10 known as the Bill of Rights. These amendments were ratified on December 15, 1791, and include the right to freedom of speech, freedom of the press, freedom of religion, and the right to peaceful assembly. The people's right to keep and bear arms is also protected.
The 19th Amendment, ratified in 1920, is another important amendment that enhanced transparency and accountability. It guaranteed the right of citizens to vote regardless of their sex. By prohibiting the denial or abridgement of voting rights based on gender, this amendment ensured that all eligible citizens had an equal say in elections and increased accountability in the political process.
The 21st Amendment, ratified in 1933, is the only amendment that explicitly repeals an earlier one. It repealed the 18th Amendment, which had established the prohibition of alcohol. The process of repealing an amendment demonstrates the flexibility and adaptability of the Constitution, allowing for changes that better serve the needs of the people.
Another example of additional transparency and accountability in the amendments is the 12th Amendment, which clarified the procedure for electing the President and Vice President. It provided detailed guidelines on how to handle scenarios where a President or Vice President-elect fails to qualify, ensuring a smooth transition of power and maintaining the integrity of the electoral process.
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Frequently asked questions
There have been 27 amendments to the US Constitution.
The 25th Amendment outlines procedures for filling a vacancy in the vice presidency and addressing presidential incapacitation.
The 13th Amendment abolished slavery and involuntary servitude, except as punishment for crimes.
The 19th Amendment granted women the right to vote, stating 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 sex."
The 22nd Amendment limits the presidency to two terms.
