Simone Lawson
The U.S. Constitution has been amended 27 times, with the power to do so outlined in Article V. These amendments have had a significant impact on the democratic nature of the country, including the 13th Amendment ending slavery, the 19th Amendment guaranteeing women the right to vote, the 24th Amendment banning poll taxes, and the 26th Amendment, which established voting rights for citizens aged 18 and above. The right to vote has been a key focus of amendments, with the 15th Amendment giving African American men the right to vote in 1870, and the National Voter Registration Act (NVRA) of 1993 creating new ways to register. Despite these amendments, the Constitution does not contain an affirmative right to vote, and courts have upheld restrictions such as photo ID requirements. The Equal Rights Amendment (ERA) is an example of an amendment that has advanced equality, with state-level ERA amendments leading to transformation in the Supreme Court's Equal Protection jurisprudence under the Fourteenth Amendment.
| Characteristics | Values |
|---|---|
| Ending slavery | 13th Amendment |
| Popular election of Senators | 17th Amendment |
| Right to vote for women | 19th Amendment |
| Right to vote for residents of the federal district | 23rd Amendment |
| Abolition of poll taxes | 24th Amendment |
| Lowered voting age to 18 | 26th Amendment |
| Right to vote for African American men | 15th Amendment |
| Right to vote for other minority groups | Various Amendments |
| Protection of individual rights | 4th and 5th Amendments |
| Freedom of religion, speech, press, assembly, and petition | First Amendment |
| Overturning Supreme Court decisions | Article V |
| National Voter Registration Act | NVRA, 1993 |
| Federal funding of elections | Help America Vote Act (HAVA), 2002 |
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What You'll Learn
The 13th Amendment ended slavery
The 13th Amendment to the U.S. Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States and its territories. The Amendment states that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
The road to the 13th Amendment began with President Lincoln's Emancipation Proclamation in 1863, which declared that "all persons held as slaves within any State...in rebellion against the United States, shall be...forever free." However, the Proclamation had limitations as it only applied to areas of the Confederacy in rebellion and not to the "border states" that remained in the Union. Lincoln recognised that a constitutional amendment was necessary to truly abolish slavery.
From late 1863 to early 1864, members of Congress proposed various versions of an amendment to abolish slavery, which were eventually merged into one proposal by the Senate Judiciary Committee. This proposal passed through the Senate and the House of Representatives, and was then submitted to the states for approval. The required number of states (twenty-seven out of thirty-three) ratified the amendment, and it was officially certified and accepted into the Constitution on December 6, 1865.
The 13th Amendment was a significant step towards making the Constitution more democratic. It addressed the issue of slavery, which had been sparingly mentioned in the Constitution up until that point. The Amendment, along with the 14th and 15th Amendments, greatly expanded the civil rights of Americans and provided a final constitutional solution to slavery.
While the 13th Amendment abolished chattel slavery, it did not completely eradicate the practice of slavery in the United States. The Amendment included an exception for slavery as a punishment for crime, which has led to modern-day debates around prison labour and the ongoing fight for racial justice.
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The 19th Amendment gave women the right to vote
The 19th Amendment to the U.S. Constitution, which came into effect on August 18, 1920, legally guarantees American women the right to vote. The text of the amendment reads: "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 19th Amendment was the culmination of a long and difficult struggle by generations of activists to achieve suffrage for all American women. Beginning in the mid-19th century, women and their supporters lectured, wrote, marched, lobbied, and practised civil disobedience to achieve what many Americans considered a radical change to the Constitution. While a suffrage proposal was first introduced in Congress in 1878, it was not until 1919 that the amendment was passed by Congress and the Senate.
The campaign for women's suffrage was not without its challenges. Supporters of voting rights for women faced fierce resistance, including heckling, jail time, and physical abuse. In addition, the realization of the right to vote for women of colour, particularly in the South, would take several more decades due to the systemic racism and discriminatory state voting laws of the Jim Crow era. It was not until the passage of the Voting Rights Act of 1965 that the promise of the 19th Amendment became a reality for most women of colour.
The 19th Amendment was a significant step towards democracy in the United States, doubling the franchise and recognizing the right of women to participate in the democratic process. However, it is important to acknowledge that the fight for equal voting rights did not end with the ratification of the 19th Amendment. Even today, new restrictions and hurdles imposed on voting disproportionately impact communities of colour, curbing their full political participation.
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The 24th Amendment banned poll taxes
The 24th Amendment to the United States Constitution, ratified in 1964, abolished the use of poll taxes, making elections more accessible and democratic. The amendment explicitly prohibits Congress and the states from imposing poll taxes or any other tax as a requirement for voting in federal elections.
Poll taxes were introduced in the late 19th century by Southern states, particularly those that were previously part of the Confederate States of America. These taxes were implemented as part of a series of laws aimed at restricting the civil liberties of African Americans and poor whites, despite the Fifteenth Amendment granting all American men the right to vote. While the text of the Fifteenth Amendment explicitly prohibited denying the right to vote based on "race, color, or previous condition of servitude," the poll tax served as a loophole to effectively disenfranchise these groups.
The poll tax required voters to pay a fee to enter polling places and cast their ballots. This disproportionately impacted African Americans in the South due to the higher levels of poverty within this community. Additionally, it affected poor white voters, some of whom had voted with Populist and Fusionist candidates, disrupting Democratic rule. The taxes were often justified with other reasons, downplaying their discriminatory nature to reassure white voters.
The 24th Amendment was proposed by Congress in 1962 and ratified by the required number of states in 1964. This amendment was a significant step in the pursuit of civil rights during a turbulent era. It ensured that the right to vote could not be denied or abridged due to failure to pay a poll tax or any other tax. The amendment's rapid ratification by state legislatures across the country reflected a growing recognition of the need to abolish poll taxes and advance democratic ideals.
The abolition of poll taxes through the 24th Amendment was a crucial step towards a more inclusive and democratic electoral process in the United States. It removed economic barriers to voting, ensuring that citizens' political voices were not silenced due to their financial status. This amendment, along with other democratic amendments, has helped shape a more equitable and representative political landscape in the country.
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The 26th Amendment lowered the voting age to 18
The 26th Amendment to the US Constitution, ratified on July 1, 1971, lowered the voting age from 21 to 18 years. The official text of the Amendment is as follows:
> "The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age."
The 26th Amendment was a significant step towards a more democratic Constitution, as it ensured that young people had a say in the political processes that affected their lives. This was especially pertinent during the Vietnam War, when many young Americans were conscripted to fight in a conflict that they had no political authority to influence. The slogan "old enough to fight, old enough to vote" encapsulated the sentiment of the time.
The push to lower the voting age had been building for some time. As early as the 1940s, there were Congressional proposals to lower the voting age, which were endorsed by First Lady Eleanor Roosevelt. The increasing number of young Americans graduating from high school, attending college, and engaging in political and social activism in the 1960s and early 1970s also contributed to a growing national awareness of the process of crafting laws and Constitutional amendments.
The 26th Amendment faced legal challenges, particularly around its application to different political institutions and the validity of voter identification laws. In the Supreme Court case of Oregon v. Mitchell, it was determined that Congress has the authority to lower the voting age for federal elections but not for state elections. Despite these challenges, the 26th Amendment stands as a testament to the power of democratic reform and the expansion of voting rights in the United States.
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The First Amendment protects freedom of speech, religion, and the press
The First Amendment to the US Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, is a cornerstone of American democracy. It protects five fundamental freedoms: freedom of speech, freedom of religion, freedom of the press, the right to assemble peaceably, and the right to petition the government for a redress of grievances.
The First Amendment's guarantee of freedom of speech is one of the most widely recognized and debated rights. It prohibits the government from abridging or restricting an individual's freedom of expression, allowing them to speak freely without fear of government censorship or retaliation. This right has been interpreted broadly and has been central to many landmark Supreme Court cases involving political speech, protest, and even campaign finance reform.
The freedom of religion clause in the First Amendment ensures that the government cannot establish an official religion or prevent people from freely practising their faith. This separation of church and state is unique to American democracy and has been crucial in protecting religious minorities and promoting religious tolerance.
The freedom of the press is another vital component of the First Amendment. It safeguards the right of journalists and media organizations to report and publish news and information without government interference. A free press plays a critical role in holding those in power accountable, informing the public, and fostering robust debate in a democratic society.
Together, these freedoms enshrined in the First Amendment form the foundation of a democratic culture that values open dialogue, diverse viewpoints, and citizen participation. They empower individuals to express their opinions, practise their faith, and engage with their government and fellow citizens freely and meaningfully, shaping the very fabric of American democracy.
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Frequently asked questions
The US Constitution has been amended 27 times since 1789, with many amendments increasing democratic participation. These include the 13th Amendment, which ended slavery; the 19th Amendment, which guaranteed women the right to vote; the 24th Amendment, which banned poll taxes; and the 26th Amendment, which lowered the voting age to 18.
Article V of the US Constitution outlines the process of amending it. It requires a two-thirds majority in both houses of Congress to propose amendments, or two-thirds of state legislatures to request a convention for proposing amendments. Amendments must then be ratified by three-quarters of state legislatures or state conventions.
Critics argue that the Constitution does not contain an affirmative right to vote, allowing courts to uphold restrictions on voting, such as photo ID requirements. The Electoral College system also contradicts the principle of equal protection of laws, with votes in some states carrying more weight than others. In addition, the First Amendment has been interpreted to prohibit limits on campaign spending, allowing big money interests to dominate the political process.
