Amendments: Our Constitution's Evolution

The United States Constitution has been amended 27 times since it was enacted in 1789. The process of amending the Constitution is outlined in Article V of the Constitution. Amendments can be proposed by Congress with 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. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791, and cover a range of fundamental freedoms and rights. Since then, amendments have been proposed and ratified sporadically, with the most recent amendment, the 27th Amendment, being ratified in 1992.

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The first 10 amendments, ratified in 1791, are known as the Bill of Rights

The United States Constitution has had 27 amendments, with approximately 11,848 proposals introduced in Congress to amend the Constitution since 1789. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791.

The Bill of Rights was the first amendment to the US Constitution and was ratified simultaneously. It includes the following:

• Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
• Congress shall make no law abridging the freedom of speech, or of the press.
• The right of the people to peaceably assemble and to petition the government for a redress of grievances.
• The right of the people to keep and bear arms.
• The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
• The right to a speedy trial, and to be informed of the nature and cause of the accusation.
• The right to an attorney and to an impartial jury.
• Excessive bail, fines, or cruel and unusual punishments shall not be imposed.
• Rights not specifically enumerated in the Constitution are retained by the people.
• Powers not delegated to the United States by the Constitution are reserved to the States or to the people.

The process of amending the Constitution is derived from Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures. Once an amendment is proposed, the Archivist of the United States administers the ratification process. When an amendment is ratified by three-fourths of the States, it becomes part of the Constitution.

The 11th Amendment was passed by Congress in 1794

The Eleventh Amendment to the United States Constitution was passed by Congress on March 4, 1794, and ratified by the states on February 7, 1795. This amendment restricts the ability of individuals to bring suit against states of which they are not citizens in federal court.

The Eleventh Amendment was the first Constitutional amendment adopted after the Bill of Rights, which comprised the first ten amendments to the Constitution, ratified in 1791. The Eleventh Amendment was proposed by the 3rd Congress, previously passed by the Senate on January 14, 1794, and approved by the House of Representatives by a vote of 81-9. It was adopted to overrule the Supreme Court's decision in Chisholm v. Georgia (1793), where the Court held that states did not have sovereign immunity from lawsuits made by citizens of other states in federal court.

The Eleventh Amendment established that federal courts do not have the authority to hear cases brought by private parties against a state of which they are not citizens. However, the Supreme Court has ruled that the amendment applies to all federal suits against states brought by private parties. Additionally, the Court has held that Congress can abrogate state sovereign immunity when using its authority under Section 5 of the Fourteenth Amendment.

The Eleventh Amendment modified Article III, Section 2 of the Constitution, which outlines the judicial power of the United States. It states that this power "shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."

The 13th, 14th, and 15th Amendments are the Reconstruction Amendments

The 13th, 14th, and 15th Amendments to the US Constitution, known as the Reconstruction Amendments, were ratified between 1865 and 1870. These amendments were essential to reuniting the country during Reconstruction, and the Confederate states were required to ratify the 13th and 14th Amendments to be readmitted to the Union.

The Reconstruction Amendments ended slavery and ensured citizenship, civil rights, and voting rights for African Americans. The 13th Amendment outlawed slavery, and the 14th Amendment ensured birthright citizenship and due process, as well as "equal protection of the laws" under federal and state governments. The 15th Amendment expanded voting rights by prohibiting discrimination based on "race, colour, or previous condition of servitude".

The Reconstruction Amendments also granted Congress the power to enforce the provisions of the amendments through federal legislation. The Civil Rights Acts of 1866 and 1875 and the Enforcement Acts of 1870-71 were passed to implement the Reconstruction Amendments. However, in U.S. v. Cruikshank (1875), the Supreme Court ruled that the Enforcement Acts could not be used against individuals, and in the Civil Rights Cases (1883), the Court declared the Civil Rights Act of 1875 unconstitutional.

In total, there have been 27 amendments to the US Constitution, with approximately 11,848 proposals to amend the Constitution introduced in Congress since 1789. The first ten amendments, known as the Bill of Rights, were ratified simultaneously in 1791.

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The 18th Amendment proposed in Congress during the temperance movement

The Eighteenth Amendment to the United States Constitution, which established the prohibition of alcohol in the country, was proposed by Congress on December 18, 1917, and ratified on January 16, 1919. It was the culmination of decades of efforts by the temperance movement, which argued that banning the sale of alcohol would alleviate poverty and address societal issues such as immoral sexual behaviour, violence, political corruption, and prostitution. The movement gained momentum during the Progressive Era, from the 1890s to the 1920s, a period marked by heightened political activism and social reform.

The Anti-Saloon League (ASL), founded in 1893, played a pivotal role in advocating for prohibition. They strategically engaged with Protestant churches and major political parties, using speeches, pamphlets, and demonstrations to spread their message. The ASL's campaign, which began in 1906, sought to prohibit the sale of alcohol at the state level, claiming that prohibition would foster new forms of social interaction, strengthen families, reduce workplace accidents, and improve society overall. By 1916, their efforts had resulted in 23 states enacting laws against alcohol and saloons.

The Eighteenth Amendment was proposed during World War I, a time when Congress had already imposed restrictions on the production and sale of alcoholic beverages. The amendment prohibited the sale, manufacture, distribution, and transportation of alcohol across the country. However, it did not explicitly ban consumption or personal possession. The amendment was enforced through the National Prohibition Act, also known as the Volstead Act, passed on October 28, 1919.

While initially viewed positively, public sentiment towards the Eighteenth Amendment and Prohibition gradually turned negative due to ineffective and harsh enforcement, the rise of organised crime, and the need for tax revenue during the Great Depression. The Twenty-first Amendment, ratified on December 5, 1933, repealed the Eighteenth Amendment, making it the only Constitutional amendment in American history to be fully repealed.

The 27th Amendment: Congressional Compensation

The 27th Amendment of the United States Constitution, also known as the 'Congressional Compensation' amendment, is an important provision that regulates the compensation of members of Congress. It states that any changes in salary for members of the House of Representatives and the Senate cannot take effect until after the next election for Representatives. In other words, it prevents sitting members of Congress from immediately increasing their own salaries.

The 27th Amendment was ratified on May 7, 1992, and added to the Constitution by the Archivist of the United States, marking the completion of a long and unique journey. It was initially proposed by James Madison in 1789 as part of the Bill of Rights, but it took over two hundred years for it to be ratified by the requisite number of states. This lengthy process highlights the complex and often challenging nature of the constitutional amendment process in the United States.

The authority to amend the Constitution is derived from Article V of the document. Amendments can be proposed by Congress with 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. Once an amendment is proposed, it is sent to the states for ratification. In order for an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50).

The 27th Amendment stands as a testament to the enduring relevance of the Constitution and the dedication of citizens to uphold and improve it. Despite the long delay in its ratification, the amendment addressed a concern shared by many Americans: preventing members of Congress from granting themselves immediate pay raises. This amendment ensured that congressional compensation changes would only take effect after the people had a chance to weigh in through elections.

The 27th Amendment also serves as a reminder of the importance of remaining vigilant and engaged in the democratic process. The long gap between the proposal and ratification of this amendment meant that it took a renewed effort by citizens in the late 20th century to bring it to fruition. This demonstrates how citizens can still shape their government and protect their interests, even when facing long odds or complex processes.

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