Malcolm Rivera
The United States Constitution has been amended 27 times since it was ratified on June 21, 1788. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. Since then, amendments have addressed a range of issues, from prohibiting the imposition of excessive bail or fines and cruel and unusual punishments, to granting 18-year-olds the right to vote, to repealing the prohibition of alcohol. Amendments to the Constitution must be ratified by three-fourths of the states to become operative, and they can also be repealed or modified by subsequent amendments.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | Ratified on December 15, 1791, and known as the Bill of Rights |
| 13th, 14th, and 15th Amendments | Known as the Reconstruction Amendments |
| 18th Amendment | Established the prohibition of alcohol |
| 21st Amendment | Repealed the 18th Amendment |
| 24th Amendment | Prohibits imposing poll taxes |
| 26th Amendment | Grants citizens 18 years or older the right to vote |
| 27th Amendment | Prevents laws varying the compensation for the services of Senators and Representatives from taking effect until after an election of representatives |
| 5th Amendment | No person shall be compelled in any criminal case to be a witness against themselves |
| 8th Amendment | Prohibits excessive bail, excessive fines, and cruel and unusual punishments |
| 13th Amendment | Abolishes slavery |
| 19th Amendment | Grants women the right to vote |
| 17th Amendment | The Senate shall be elected by the people |
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What You'll Learn
The first ten amendments
The First Amendment prohibits Congress from making laws that establish a religion or impede the free exercise of religion, freedom of speech, freedom of the press, the right to assemble, and the right to petition the government.
The Second Amendment states that "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."
The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes.
The Fourth Amendment protects citizens' right to be secure in their persons, homes, papers, and effects against unreasonable searches and seizures, and requires warrants to be supported by probable cause and to specifically describe the place to be searched and the persons or things to be seized.
The Fifth Amendment provides several protections for people accused of crimes, including the requirement that serious criminal charges be started by a grand jury, the prohibition against double jeopardy, the protection against self-incrimination, and the right to just compensation for property taken for public use.
The Sixth Amendment provides additional protections for those accused of crimes, including the right to a speedy and public trial, an impartial jury, and to be informed of the criminal charges.
The Seventh Amendment covers rights in civil cases.
The Eighth Amendment covers bail, fines, and punishment.
The Ninth Amendment states that the listing of specific rights in the Constitution does not deny or disparage other rights retained by the people.
The Tenth Amendment states that powers not delegated to the United States by the Constitution, nor prohibited to the States, are reserved to the States or to the people.
Amending the US Constitution: Who Has the Power?
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Reconstruction Amendments
The Reconstruction Amendments, also known as the Civil War Amendments, are the Thirteenth, Fourteenth, and Fifteenth Amendments to the United States Constitution. These amendments were adopted between 1865 and 1870, in the five years immediately following the American Civil War. They were part of the implementation of the Reconstruction of the American South, which aimed to transform the country from one that was described by President Abraham Lincoln as "half slave and half free", to one that guaranteed freedom and certain civil rights to all its citizens.
The Thirteenth Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. It changed a portion of Article IV, Section 2 of the Constitution, and Congress was given the power to enforce this article through appropriate legislation.
The Fourteenth Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons born or naturalized in the United States. It changed a portion of Article I, Section 2, and a portion of it was later modified by the 26th Amendment.
The Fifteenth Amendment, proposed in 1869 and ratified in 1870, prohibits federal and state governments from denying citizens the right to vote based on "race, color, or previous condition of servitude." This amendment was the third and final Reconstruction Amendment and was aimed at protecting the franchise of black men, which was seen as important for the Republican Party's future.
While these amendments were significant steps towards guaranteeing freedom and civil rights for formerly enslaved people and all citizens, their promise was eroded by state laws and federal court decisions in the late 19th century. It was not until the mid-20th century, with Supreme Court decisions like Brown v. Board of Education in 1954 and legislation such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965, that the full benefits of the Reconstruction Amendments were realized.
Amendment History: The 19th Amendment's Adoption
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The right to vote
The 24th Amendment, ratified in 1964, eliminated poll taxes, which had been used to disenfranchise African Americans. The Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group, and required certain places to provide election materials in languages other than English. The Voting Accessibility for the Elderly and Handicapped Act of 1984 ensured that polling places were accessible to people with disabilities.
The 26th Amendment, ratified in 1971, lowered the voting age to 18 for all elections. This amendment changed a portion of the 14th Amendment, which had been modified by the 17th Amendment in 1913 to provide for the direct election of Senators. The 17th Amendment stated that each state's two senators would be elected by the people of that state for six-year terms.
In total, there have been 27 amendments to the Constitution, with the first ten, known as the Bill of Rights, being ratified simultaneously in 1791. The 13th, 14th, and 15th Amendments are collectively known as the Reconstruction Amendments.
Steps to Ratify a Constitutional Amendment
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Amendment process
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending the Constitution is difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures.
Congress proposes an amendment in the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. An information package is also assembled for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and other relevant information.
The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, after which they are transferred to the National Archives for preservation.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). The OFR then 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, serving as official notice to Congress and the Nation that the amendment process is complete.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
Prohibition: A Constitutional Amendment Banning Alcohol Sales
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Congressional power
Congress has the power to make laws necessary for executing the powers vested in the US government by the Constitution. This includes the power to raise and support armies, call forth the militia to execute the laws of the union, suppress insurrections, and repel invasions. Congress can also lay and collect taxes, duties, imposts, and excises to pay off debts and provide for the common defence and general welfare of the United States. These taxes must be uniform throughout the country.
Congress has the power to regulate commerce with foreign nations, among the states, and with Indian tribes. It can also establish uniform rules for naturalization and uniform laws on bankruptcy throughout the country. Additionally, Congress has the power to enforce certain articles of the Constitution by appropriate legislation. For example, Congress can enforce Article II, which states that citizens of the US shall have the right to vote for the President and Vice President. Congress can also enforce Article XIII, which abolished slavery and involuntary servitude within the US and any place subject to its jurisdiction.
Congress also has the power to propose amendments to the Constitution. Whenever two-thirds of both Houses deem it necessary, they can propose amendments, or on the application of two-thirds of the state legislatures, Congress shall call a convention for proposing amendments. These amendments become valid when ratified by three-fourths of the state legislatures.
Amendment History: The 16th's Addition to the Constitution
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Frequently asked questions
There have been 27 amendments to the US Constitution, with the first 10 being ratified on December 15, 1791, and known as the Bill of Rights.
Article Five of the US Constitution outlines a two-step process for amendments. An amendment must be proposed and then ratified by three-fourths of the states (38 states) to become operative. An amendment can be proposed by the US Congress with a two-thirds majority in both the Senate and House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures.
Here are some notable amendments:
- The 14th Amendment, Section 2, grants citizenship to "all persons born or naturalized in the United States" and ensures equal protection under the law.
- The 18th Amendment, ratified in 1919, established the prohibition of alcohol.
- The 19th Amendment ensures that the right of citizens of the United States to vote cannot be denied or abridged by the federal government or any state based on age.
- The 21st Amendment, ratified in 1933, repealed the 18th Amendment, ending the prohibition of alcohol.
