Eleanor Finch
The United States Constitution has been amended 27 times, with 33 amendments proposed since the Constitution came into operation on March 4, 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791, and include the right to free speech, freedom of religion, and the right to bear arms. The 13th, 14th, and 15th amendments, known as the Reconstruction Amendments, are notable for abolishing slavery, providing equal protection under the law, and granting African American men the right to vote, respectively. The 19th Amendment, ratified in 1920, extended voting rights to women, while the 24th Amendment, ratified in 1964, eliminated poll taxes, which had been used to disenfranchise African American voters.
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What You'll Learn
The first ten amendments, The Bill of Rights
The first ten amendments to the US Constitution, collectively known as the Bill of Rights, were ratified on December 15, 1791. The amendments were written by James Madison as a solution to limit government power and protect individual liberties.
The First Amendment prohibits Congress from making laws that infringe on freedom of speech, freedom of religion, freedom of the press, the right to assemble, and the right to petition the government. The Second Amendment guarantees the right of the people to keep and bear arms, while the Third Amendment prohibits the quartering of soldiers in civilian homes without consent.
The Fourth Amendment protects citizens from unreasonable government intrusion into their homes, requiring a warrant for searches and seizures. The Fifth Amendment provides protections for those accused of crimes, including the right against self-incrimination and the right to due process of law. It also prohibits double jeopardy and the taking of property without just compensation.
The Sixth Amendment grants additional rights to the accused, including the right to a speedy and public trial, an impartial jury, and the right to confront witnesses and have their own. The Seventh Amendment extends the right to a jury trial to Federal civil cases, while the Eighth Amendment prohibits excessive bail and cruel and unusual punishment.
Finally, 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 reserves powers not delegated to the federal government by the Constitution to the states or the people.
Understanding the Fifth Amendment's Meaning and Its Impact
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The 13th, 14th, and 15th amendments, The Reconstruction Amendments
The 13th, 14th, and 15th Amendments to the US Constitution, also known as the Reconstruction Amendments, were ratified between 1865 and 1870, in the five years immediately following the American Civil War. These amendments were essential to reuniting the country during Reconstruction, and the 13th and 14th Amendments had to be ratified by the Confederate states to be readmitted to the Union.
The 13th Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. The 14th Amendment, proposed in 1866 and ratified in 1868, addressed citizenship rights and equal protection under the law for all persons. It also eliminated the three-fifths rule and punished states that did not permit male citizens over 21 to vote by reducing their proportional representation.
The 15th Amendment, the last of the Reconstruction Amendments, was proposed in 1869 and ratified on February 3, 1870. It prohibited federal and state governments from denying citizens the right to vote based on "race, color, or previous condition of servitude." This amendment was passed to protect the voting rights of African Americans, who were facing violence and intimidation from white southerners and organizations like the Ku Klux Klan.
The Reconstruction Amendments were part of a large movement to transform the United States from a country that was described as "half slave and half free" into one that guaranteed freedom and certain civil rights to the formerly enslaved. While these amendments were important steps towards equality, their promises were eroded by state laws and federal court decisions throughout the late 19th century, and they were not fully realized until the mid-20th century with Supreme Court decisions and civil rights legislation.
Amendments to the Constitution: How Often Were They Made?
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Ratification process
The authority to amend the US Constitution comes from Article V of the Constitution. The process of amending the Constitution is challenging and time-consuming. An amendment 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. This can be done through the state legislatures or state ratifying conventions, with Congress deciding the mode of ratification. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process, although they do not make substantive determinations regarding the validity of state ratification actions.
After an amendment is ratified by the required number of states, the Archivist issues a certificate, proclaiming that the amendment has become an operative part of the Constitution. This certification is published in the Federal Register and US Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete. The signing of this certification has become a ceremonial function attended by dignitaries, including, on some occasions, the President.
In some cases, Congress has stipulated a ratification deadline, requiring an amendment to be ratified within a certain period, often seven years, from its submission to the states. The absence of a deadline, however, means that an amendment can remain pending indefinitely and be ratified long after being proposed.
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Ratification deadlines
Article Five of the United States Constitution does not explicitly address whether Congress may place a deadline on the states' ratification of a proposed amendment. However, the Supreme Court has weighed in on this issue, and its rulings have significant implications for ratification deadlines.
In Dillon v. Gloss (1921), the Supreme Court held that the Constitution implicitly authorises Congress to "fix a definite period" for ratification. The Court upheld Congress's specification of a seven-year time limit for the ratification of the Eighteenth Amendment, which established Prohibition. This case set a precedent for Congress's ability to set ratification deadlines.
The Court's decision in Coleman v. Miller (1939) further affirmed Congress's authority to set ratification deadlines. The Court recognised that Congress has the power to determine the mode of ratification, such as by state legislatures or state ratifying conventions, and this includes the authority to specify a deadline. However, the Court also opined that regardless of whether a deadline is set, the time period for ratification should be reasonable.
Since the early 20th century, Congress has often stipulated that an amendment must be ratified within seven years of its submission to the states. This practice began with the Eighteenth Amendment in 1917, and most amendments proposed since then have included a ratification deadline. The inclusion of a deadline provides clarity for the states and ensures they understand the timeframe for ratification.
It is important to note that there have been debates and legal challenges regarding Congress's ability to extend ratification deadlines. In the case of the proposed Equal Rights Amendment, Congress extended the original seven-year deadline by three years, but this extension was met with legal challenges. The validity of extending ratification deadlines without restarting the Article V process remains a complex and unresolved issue.
Amendments to the Constitution: A Historical Timeline
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Amendments 11-27
The US Constitution has 27 amendments, the first 10 of which are collectively known as the Bill of Rights. Amendments 11-27 were added to the Constitution at various times between 1794 and 1961.
Amendment XI
Passed by Congress on March 4, 1794, and ratified on February 7, 1795, Amendment XI modified Article III, Section 2 of the Constitution. It states that the judicial power of the United States 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 foreign state.
Amendment XII
Passed by Congress on December 9, 1803, and ratified on June 15, 1804, Amendment XII superseded a portion of Article II, Section 1 of the Constitution.
Amendment XXI
Passed by Congress and ratified in 1933, Amendment XXI repealed the Eighteenth Amendment, which established the prohibition of alcohol. It prohibited the transportation or importation of intoxicating liquors into any state, territory, or possession of the United States in violation of that state's laws.
Amendment XXIII
Passed by Congress on June 16, 1960, and ratified on March 29, 1961, Amendment XXIII pertains to the appointment of electors of the President and Vice President by the District constituting the seat of the US government.
The process of amending the US Constitution is well-defined. An amendment must be ratified by three-fourths of the states (38 states since 1959) through either the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The amendment process also has specific timelines and requirements, as seen in the examples of Amendments XI, XII, XXI, and XXIII.
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Frequently asked questions
There are 27 amendments to the US Constitution that have been ratified. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. The eleventh amendment was ratified on February 7, 1795. The twelfth amendment was ratified on May 8, 1804. The eighteenth amendment was ratified in 1919.
The Fourth Amendment, also known as the "Right to Privacy", guarantees the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. It requires that all searches and seizures be authorized by a judge and based on probable cause.
The First Amendment prohibits the government from establishing a religion or prohibiting the free exercise of religion, protecting freedom of speech, freedom of the press, and the right to assemble and petition the government.
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