Jonah Patel
The Constitution of the United States has been amended 27 times since it was put into operation on March 4, 1789. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The Fourth Amendment, ratified on December 15, 1791, protects citizens against unreasonable searches and seizures. Amendments 11-27 were ratified individually between 1804 and 1971, with Amendment 21 being the only one to explicitly repeal a previous amendment.
| Characteristics | Values |
|---|---|
| Number of Amendments proposed by Congress | 33 |
| Number of Amendments ratified | 27 |
| Number of Amendments pending | 4 |
| First 10 Amendments | Form the Bill of Rights |
| 4th Amendment | Protects people against unreasonable searches and seizures |
| 11th Amendment | The Judicial power of the United States shall not be construed to extend to any suit in law or equity against one of the United States by Citizens of another State |
| 12th Amendment | Superseded a portion of Article II, section 1 of the Constitution |
| 14th Amendment | Modified by section 1 of the 26th Amendment |
| 18th Amendment | Established the prohibition of alcohol |
| 21st Amendment | The only Amendment to explicitly repeal an earlier one (the 18th Amendment) |
| 26th Amendment | Gives citizens of the United States who are 18 years or older the right to vote |
Explore related products
What You'll Learn
The first 10 amendments form the Bill of Rights
The first ten amendments to the US Constitution, ratified on December 15, 1791, form what is known as the Bill of Rights. The amendments were proposed by Congress in 1789 and are designed to protect individual liberties and limit government power.
The First Amendment prohibits Congress from making laws that establish a national religion or impinge upon the free exercise of religion, freedom of speech, freedom of the press, and the right to assemble and petition the government. The Second Amendment affirms the right of citizens to bear arms, while the Third Amendment prohibits the quartering of soldiers in civilian dwellings without consent.
The Fourth Amendment protects citizens' right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, requiring warrants to be specific and supported by probable cause. The Fifth Amendment provides several protections for those accused of crimes, including the right to due process, protection against double jeopardy, and the right against self-incrimination.
The Sixth Amendment grants those accused of crimes the right to a speedy and public trial, an impartial jury, and the right to confront witnesses and be represented by counsel. The Seventh Amendment extends the right to a jury trial in Federal civil cases. The Eighth Amendment prohibits excessive bail and cruel and unusual punishment.
The Ninth Amendment states that the listing of specific rights in the Constitution does not deny other rights retained by the people, while the Tenth Amendment affirms that powers not delegated to the federal government by the Constitution are reserved for the states or the people.
Crafting Amendment Arguments: A Guide to Persuasion
You may want to see also
Unreasonable searches and seizures
The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It was passed by Congress on September 25, 1789, and ratified on December 15, 1791. The Fourth Amendment protects the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. This means that people have the right to be free from arbitrary intrusion by the government and that their privacy and dignity are protected.
The Fourth Amendment sets requirements for issuing warrants. Warrants must be issued by a judge or magistrate and justified by probable cause, supported by oath or affirmation. The place to be searched and the persons or things to be seized must be particularly described in the warrant. This is to ensure that the government does not arbitrarily intrude on people's privacy and that any searches or seizures are reasonable and justified.
The Fourth Amendment case law deals with three main issues: what government activities are considered "searches" and "seizures", what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. Early court interpretations of the Fourth Amendment limited its scope to physical intrusions of property or persons. However, in Katz v. United States (1967), the Supreme Court held that the Fourth Amendment's protections extend beyond physical locations to include intrusions on the privacy of individuals as well.
The Supreme Court has also clarified that the Fourth Amendment's core is the right to be free from unreasonable governmental intrusion, as seen in Schmerber v. California (1966) and Silverman v. United States (1961). Additionally, in Berger v. New York (1967), the Court affirmed that the Fourth Amendment's protections encompass "conversation" and are not limited to physical items or locations.
It is important to note that the Fourth Amendment does not prohibit all searches and seizures but only those deemed unreasonable under the law. The determination of reasonableness considers both individual rights and legitimate government interests, such as public safety. The location of the search or seizure also plays a role in assessing its reasonableness.
The 20th Amendment: A New Presidential Inauguration Date
You may want to see also
Citizens' voting rights
The original US Constitution, adopted in 1787, does not define who can vote. However, several amendments and federal laws have since been passed to protect and extend voting rights to citizens.
15th Amendment (1870)
The 15th Amendment, ratified on February 3, 1870, grants all male citizens the right to vote, regardless of their race, ethnicity, or previous status as slaves. The official text states:
> 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 race, color, or previous condition of servitude.
However, despite this amendment, many African American men were still unable to exercise their right to vote due to discriminatory practices and laws such as literacy tests, grandfather clauses, and intimidation by groups like the Ku Klux Klan.
19th Amendment (1920)
The 19th Amendment, ratified in 1920, prohibits states from denying citizens the right to vote based on sex. This amendment granted women the right to vote.
24th Amendment (1964)
The 24th Amendment, ratified in 1964, eliminated poll taxes, which had been used in some states to restrict African Americans from voting in federal elections.
26th Amendment (1971)
The 26th Amendment, ratified in 1971, lowered the voting age for all elections to 18 years old, ensuring that citizens of the United States who are 18 years of age or older have the right to vote.
In addition to these amendments, federal laws such as the Civil Rights Acts, the Voting Rights Act of 1965, and the Voting Accessibility for the Elderly and Handicapped Act of 1984 have further protected and expanded citizens' voting rights.
Miranda Warnings: The Fifth Amendment Right
You may want to see also
Explore related products
Prohibition of alcohol
The Eighteenth Amendment to the United States Constitution prohibited the production, transport, and sale of intoxicating liquors. Proposed by Congress in December 1917, it was ratified by the requisite number of states in January 1919. The Eighteenth Amendment was the culmination of decades of efforts by the temperance movement, which argued that banning alcohol would address poverty and other societal issues such as immoral sexual behaviour and violence.
The amendment was the first to include a provision setting a deadline for its ratification, which was challenged in the Supreme Court case of Dillon v. Gloss (1921). The amendment's ratification by the Ohio legislature was also contested in Hawke v. Smith (1920). Additionally, the phrase "intoxicating liquor" was widely understood to exclude beer and wine, and their inclusion in Prohibition surprised many, leading several Northern states to refuse to comply with the amendment.
The National Prohibition Act, commonly known as the Volstead Act, was enacted to define the language used in the amendment and set the starting date for nationwide prohibition as January 17, 1920. Despite initial support, public sentiment turned against Prohibition by the late 1920s, with opponents arguing that it denied jobs to the unemployed and revenue to the government. The nonpartisan Association Against the Prohibition Amendment (AAPA) further contributed to public disillusionment.
In 1932, Democratic presidential candidate Franklin D. Roosevelt ran on a platform that included repealing the Eighteenth Amendment, and his victory that November sealed the fate of Prohibition. The Twenty-first Amendment, adopted in February 1933, officially repealed the Eighteenth Amendment and modified the Volstead Act to permit the sale of beer, marking the end of Prohibition in the United States.
Steps to Ratify a Constitutional Amendment
You may want to see also
The process of ratification
The process of amending the US Constitution is outlined in Article V of the document. It is a difficult and time-consuming process.
Firstly, an amendment must be proposed. This can be done in two ways: by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention to propose amendments called by Congress at the request of two-thirds of state legislatures. To date, all 33 amendments submitted for ratification have been proposed by Congress.
Once an amendment has been proposed, it is sent to the states for ratification. An amendment becomes operative when it is ratified by three-quarters (38 out of 50) of the states. Each state's vote carries equal weight, regardless of its population or length of time in the Union.
When a state ratifies an amendment, it sends an original or certified copy of the action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist then conveys this to the Director of the Federal Register, who examines the 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.
Once the OFR has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify 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 and serves as official notice to Congress and the Nation that the amendment process is complete.
In summary, the process of ratification involves proposing an amendment, securing the necessary number of state ratifications, and certifying the amendment as valid. The process is overseen by the Archivist of the United States and the Director of the Federal Register.
Amending the Constitution: Encouraging an Adaptive Process
You may want to see also
