Eleanor Finch
The United States Constitution has been amended several times since its ratification in 1788. Amendments are changes to the Constitution that must be ratified by three-fourths of the states. There have been 27 amendments to the Constitution so far, with approximately 11,848 proposals introduced in Congress since 1789. The first 10 amendments, known as the Bill of Rights, were ratified in 1791 and include the Ninth Amendment, which states that people have rights beyond those explicitly listed in the Constitution, and the Tenth Amendment, which limits the Federal Government's powers to those delegated in the Constitution. The 13th, 14th, and 15th amendments, known as the Reconstruction Amendments, and other amendments address a range of topics, including voting rights, presidential term limits, and the prohibition of alcohol.
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What You'll Learn
The Bill of Rights
The United States Constitution has had 27 amendments, with approximately 11,848 proposals to amend it having been introduced in Congress since 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791, and are as follows:
First Amendment
Congress shall make no law respecting an establishment of religion, prohibiting the free exercise thereof, or abridging the freedom of speech, of the press, of peaceable assembly, or of the right to petition the government for a redress of grievances.
Second Amendment
The right of the people to keep and bear arms shall not be infringed upon.
Third Amendment
No soldier shall, in peacetime, be quartered in any house without the owner's consent. In wartime, soldiers may be quartered in houses only in a manner prescribed by law.
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, without due process of law. A person may not be tried twice for the same offence (double jeopardy) and may not be compelled to be a witness against themselves.
Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against them, to have compulsory process for obtaining witnesses in their favour, and to have the assistance of counsel for their defence.
Seventh Amendment
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Tenth Amendment
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.
Lautenberg Amendment: Unconstitutional or Legal?
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Presidential Term Limits
The Twenty-second Amendment (Amendment XXII) to the United States Constitution limits the number of times a person can be elected to the office of President of the United States to two terms. This amendment was a response to Franklin D. Roosevelt serving as President of the United States for four terms. Roosevelt's four terms in office prompted Congress to begin drafting an amendment to formally restrict presidential term limits.
The Twenty-second Amendment was passed by Congress on March 21, 1947, and sent to the states for ratification. On February 27, 1951, the amendment was ratified when 36 of the 48 states voted in favour of it. The amendment prohibits anyone who has been elected president twice from being elected again. It also prevents anyone who has served as President for more than two years of a predecessor's term from being elected president for more than one term.
The debate over presidential term limits has a long history, dating back to the Constitutional Convention of 1787. At the convention, delegates considered the issue extensively, with some supporting lifetime tenure for presidents while others favoured fixed terms. The idea of lifetime tenure was criticised as being akin to an elective monarchy. The Framers ultimately approved four-year terms with no restriction on the number of terms a person could serve.
Despite the Twenty-second Amendment, there have been attempts to repeal it and remove presidential term limits. Before leaving office in 1989, President Ronald Reagan sought to repeal the amendment. Similar arguments for repealing the amendment have been made, including that term limits hinder consistent leadership during crises and may prevent the election of the people's preferred candidate. However, the amendment remains in force, and the Supreme Court has not had to rule on the issue of presidential term limits.
Constitution Before the Nineteenth Amendment: The Original Text
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Prohibition of Alcohol
The Eighteenth Amendment to the United States Constitution, which established the prohibition of alcohol, was the result of decades of efforts by the temperance movement. Groups such as the Woman's Christian Temperance Union and the Anti-Saloon League (ASL) campaigned vigorously to ban the sale, manufacture, and distribution of alcoholic beverages, arguing that prohibition would eliminate poverty and improve society.
The Eighteenth Amendment, ratified in 1919, made it illegal to produce, transport, or sell intoxicating liquors, although it did not outlaw the consumption of alcohol. To enforce the amendment, Congress passed the Volstead Act, which defined liquor, wine, and beer as intoxicating liquors and thus prohibited them.
The amendment was largely unsuccessful in preventing the mass distribution of alcohol and inadvertently led to a significant increase in organized crime. Public sentiment turned against Prohibition by the late 1920s, and the Great Depression further hastened its demise. Opponents argued that the ban on alcohol denied jobs to the unemployed and revenue to the government.
In 1932, Franklin D. Roosevelt ran for president on a platform that included repealing the Eighteenth Amendment, and his victory led to the end of Prohibition. On December 5, 1933, the Twenty-first Amendment was ratified, repealing the Eighteenth Amendment and modifying the Volstead Act to permit the sale of beer. This marked the only time in American history that a constitutional amendment has been repealed.
The Eighteenth Amendment demonstrates how social and economic factors can influence the creation and repeal of constitutional amendments. While the temperance movement initially gained widespread support, changing circumstances and negative consequences led to a shift in public opinion, ultimately resulting in the amendment's repeal.
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Citizenship and Rights
The amendments to the US Constitution are changes or additions that have been made to the original document to clarify and protect certain rights and freedoms. They are a way to ensure that the document remains relevant and responsive to the needs of the American people.
The Constitution and its amendments define the rights and responsibilities of US citizens and the government. The 14th Amendment, for instance, defines citizenship and guarantees equal protection under the law. This amendment was passed after the Civil War to grant citizenship to former slaves and ensure that all citizens, regardless of race, are afforded the same rights.
The 15th Amendment protects the right to vote, stating that the right to vote shall not be denied or abridged by race, color, or previous condition of servitude. This amendment was crucial in the fight for African American suffrage, though full voting rights for racial minorities would only be secured through subsequent amendments and legislation.
Citizens' rights are also safeguarded by amendments ensuring due process and prohibiting unreasonable searches and seizures. The 4th Amendment protects against unreasonable searches and seizures, safeguarding privacy and property rights. Meanwhile, the 5th Amendment guarantees due process, protecting individuals from abuse of government power and self-incrimination.
Additionally, the Constitution and its amendments protect various other rights, such as freedom of speech, religion, and assembly. The 1st Amendment is a cornerstone of these freedoms, guaranteeing the right to freely practice religion, speak without censorship, and engage in a free press. The 2nd Amendment also ensures the right to keep and bear arms, a contentious yet fundamental right in American society.
In summary, the amendments to the Constitution are vital in defining the rights and duties of US citizens. They ensure equal treatment under the law, protect the right to vote, and secure freedoms of speech, religion, and assembly. These amendments are a living part of the Constitution, evolving to meet societal changes while upholding the nation's founding principles.
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Voting Rights
The 15th Amendment, ratified in 1870, was a significant step forward, granting all male citizens the right to vote regardless of their race or previous slave status. This amendment explicitly prohibited the denial or abridgement of voting rights based on race, colour, or previous servitude. Despite this, many African American men were still unable to exercise their right to vote due to discriminatory practices such as literacy tests, poll taxes, and the intimidation of voters by groups like the Ku Klux Klan.
The 19th Amendment, ratified in 1920, extended voting rights to women, prohibiting states from denying the vote based on sex. This amendment marked a major milestone in the women's suffrage movement and ensured that women had an equal voice in elections.
The 24th Amendment, ratified in 1964, aimed to remove economic barriers to voting by prohibiting poll taxes as a requirement for voting in federal elections. Poll taxes had been used in some states to disenfranchise African American and low-income voters.
The Voting Rights Act of 1965 further strengthened voting rights by prohibiting voter discrimination based on race, colour, or membership in a language minority group. It required certain places to provide election materials in languages other than English and placed restrictions on states with a history of voter discrimination.
The 26th Amendment, ratified in 1971, lowered the voting age from 21 to 18 for all elections, ensuring that young adults had a say in choosing their political representatives.
In addition to these amendments, federal laws such as the Civil Rights Acts and the Voting Accessibility for the Elderly and Handicapped Act of 1984 have provided further protections against discrimination in voting and ensured accessibility for voters with disabilities.
Amendments to the Constitution: How Often Were They Made?
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Frequently asked questions
Amendments are changes or additions to the Constitution. They are a way to update and improve the Constitution over time.
There have been 27 amendments to the Constitution. The first 10 are known as the Bill of Rights and were ratified together.
An amendment must be proposed and then ratified by three-fourths of the states (38 states) through their legislatures or state ratifying conventions. Congress has also set a deadline for ratification, usually seven years from the proposal.
Some notable amendments include the 13th, 14th, and 15th Amendments, known as the Reconstruction Amendments, which address issues related to citizenship, due process, and voting rights. The 19th Amendment reserves women's suffrage rights, and the 21st Amendment repeals the prohibition of alcohol.
