Jonah Patel
The Constitution of the United States has been amended 27 times since it was enacted in 1789. The first ten amendments, collectively known as the Bill of Rights, were ratified in 1791 and pertain to personal freedoms and individual rights. Notable amendments include the 13th (abolishing slavery), 19th (women's suffrage), 22nd (presidential term limits), and 26th (lowering the voting age to 18). Over 11,000 amendments have been proposed, but the process of ratification by the states ensures that only a small fraction become part of the Constitution.
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What You'll Learn
The first 10 amendments: The Bill of Rights
The first ten amendments to the US Constitution are collectively known as the Bill of Rights. They were ratified on December 15, 1791, and pertain to personal and individual rights.
The First Amendment protects freedom of speech, religion, the press, assembly, and petition. It prohibits Congress from restricting these rights, though it does not apply to private individuals or companies. The Second Amendment is not discussed here, as there is conflicting information on the topic.
The Third Amendment states that citizens are not required to house soldiers in times of war or peace if they do not consent to do so. The Fourth Amendment protects the right of the people to security in their homes and possessions, without "unreasonable searches and seizures". This relates to modern law concerning the need for a warrant to search property.
The Fifth Amendment provides several protections, including protection against double jeopardy, the right against self-incrimination, and the right to due process. It also includes eminent domain, which allows the government to take private property for public use with just compensation. The Sixth Amendment guarantees the right of all citizens to a speedy and fair public trial, an impartial jury, and the right to defence counsel and witnesses in their favour.
The Seventh Amendment states that a claimant can take an issue to a court and trial by jury if the value of something is sufficiently high. The Eighth Amendment is not discussed here due to a lack of clear information. The Ninth Amendment, and the Tenth Amendment conclude the Bill of Rights.
The Right to Remain Silent: Understanding the Fifth Amendment
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The 13th Amendment: Abolition of slavery
The 13th Amendment to the US Constitution abolished slavery and involuntary servitude in the United States and its territories. It was passed by Congress on January 31, 1865, and ratified on December 6, 1865. The official text of the amendment states:
> "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 13th Amendment was the first of three Reconstruction Amendments passed following the American Civil War. While President Lincoln's Emancipation Proclamation of 1863 declared that those in Confederate-controlled areas "shall be then, thenceforward, and forever free", it did not end slavery across the nation as it only applied to areas in rebellion. Lincoln recognised that a constitutional amendment was needed to guarantee the abolishment of slavery.
From late 1863 to early 1864, several members of Congress proposed their own versions of a new amendment to abolish slavery. These proposals were eventually merged into one amendment by the Senate Judiciary Committee on February 10, 1864. The amendment was passed by the Senate on April 8, 1864, but the House initially did not pass it. Lincoln took an active role to ensure the amendment's passage, adding it to the Republican Party platform for the 1864 election. The House finally passed the bill in January 1865, and on February 1, 1865, Lincoln approved the submission of the proposed amendment to the state legislatures.
The 13th Amendment was ratified by the required 27 out of 36 states on December 6, 1865, and proclaimed on December 18, 1865. With this amendment, the United States found a final constitutional solution to the issue of slavery.
Right to Vote: The 26th Amendment Impact
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The 19th Amendment: Women's suffrage
The 19th Amendment to the U.S. Constitution, also known as the Susan B. Anthony Amendment, guarantees American women the right to vote. The road to achieving this milestone was long and difficult, requiring decades of agitation and protest by women's suffrage supporters. The movement began in the mid-19th century, with several generations of women lecturing, writing, marching, lobbying, and practising civil disobedience to achieve what many Americans considered a radical change to the Constitution.
The 19th Amendment was first introduced in Congress by Senator Aaron Sargent of California on January 10, 1878. However, it took more than 41 years to secure the necessary two-thirds vote in each house of Congress. During this time, women organised, petitioned, and picketed to win the right to vote. They faced fierce resistance, with opponents heckling, jailing, and sometimes physically abusing them.
By 1916, almost all of the major suffrage organisations were united behind the goal of a constitutional amendment. The House of Representatives passed the amendment on May 21, 1919, and two weeks later, the Senate followed. On August 18, 1920, Tennessee became the 36th state to ratify the amendment, obtaining the agreement of three-fourths of the states required for ratification. Secretary of State Bainbridge Colby certified the ratification on August 26, 1920, changing the face of the American electorate forever.
While the 19th Amendment granted women the right to vote on paper, the reality was more complex. Many women, especially women of colour, were still unable to exercise their voting rights due to discriminatory state voting laws. It wasn't 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. Additionally, women who were primarily non-English speakers continued to face barriers until the 1975 extension of the Voting Rights Act, which required voting materials to be provided in multiple languages.
Tech's Impact: Constitutional Amendments Under Threat
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The 21st Amendment: Repeal of Prohibition
The 21st Amendment to the US Constitution, also known as the "Repeal of Prohibition", was proposed by the 72nd US Congress on February 20, 1933, and ratified by the requisite number of states on December 5, 1933. This amendment is unique for two reasons: it is the only amendment to repeal a previous one, and it is the only amendment to be ratified by state ratifying conventions.
The 21st Amendment repealed the 18th Amendment, which had established a nationwide ban on the manufacture, sale, and transportation of alcohol. The 18th Amendment was the result of years of advocacy by the temperance movement and was ratified in 1919. While many Americans continued to drink alcoholic beverages, as the laws did not forbid consumption, an underground market formed, and illegal alcohol production increased to meet demand. This led to the rise of organised crime, with criminal organisations bribing businesses, political leaders, and police departments with illegal alcohol.
By the 1930s, public sentiment toward prohibition had flipped from positive to negative, and Congress was compelled to act. The 21st Amendment was proposed to end prohibition, and it was ratified by three-fourths of the states, with Mississippi being the last state to lift its Prohibition-era laws in 1966.
Section 2 of the 21st Amendment bans the importation of alcohol into states and territories that prohibit the importation or consumption of alcohol. Several states continued to be "dry states" after the repeal of the 18th Amendment, and some still closely regulate alcohol distribution today. Section 2 has been an issue in several Supreme Court cases regarding the Commerce Clause, with certain states arguing for their implied authority to regulate the transportation of alcoholic beverages.
Eighth Amendment: Protection Against Cruel and Unusual Punishment
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The 22nd Amendment: Presidential term limits
The 22nd Amendment to the US Constitution, ratified on February 27, 1951, imposes term limits on the President of the United States. It limits presidents to two terms, or a maximum of eight years in office. This amendment was proposed by the House of Representatives in 1947, two years after the death of Franklin Roosevelt, who served four terms as president. The proposal was then revised and approved by the Senate before being sent to the states for ratification.
The 22nd Amendment outlines that no person shall be elected to the office of the President more than twice. Additionally, it specifies that anyone who has held the office of President for more than two years of a term to which another person was elected shall be eligible for only one additional term. This amendment ensures that no individual can be elected to the presidency more than twice.
The 22nd Amendment has been the subject of debate and has received mixed reactions. Some have argued that it infringes on democratic rights, while others have attempted to modify or repeal it altogether. Since its ratification, several presidents have been barred from seeking a third term, including Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama.
The amendment also raises questions about the eligibility of a two-term president to later serve as Vice President. While some interpret the 12th Amendment as barring such an individual from the vice presidency, others contend that the 12th and 22nd Amendments concern different qualifications, leaving open the possibility of a former two-term president serving as Vice President.
The 22nd Amendment has had a significant impact on the presidency, shaping the length of terms and the potential for extended leadership. It reflects the desire to prevent an elective monarchy and promote democratic principles in the United States.
The 13th Amendment: Outlawing Slavery in America
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Frequently asked questions
The first 10 amendments are known as the Bill of Rights and relate to personal and individual rights. They were ratified on December 15, 1791.
Notable amendments include the 13th (abolishing slavery), 19th (women's suffrage), 21st (Repeal of Prohibition), and 22nd (presidential term limits).
Over 11,848 amendments have been proposed, but only 27 have been ratified by the requisite number of states and are part of the Constitution.
