Isabella Carter
Between 1909 and 1920, Congress passed four amendments to the US Constitution that fundamentally changed American life. These were the 16th, 17th, 18th, and 19th Amendments, ratified between 1913 and 1920. The 16th Amendment established Congress's right to impose a federal income tax on citizens. The 17th Amendment allowed for the direct election of US senators by the people, rather than by state legislatures. The 18th Amendment created prohibition in the United States, outlawing the production, sale, and transportation of alcohol. Finally, the 19th Amendment guaranteed women the right to vote. These amendments addressed social issues and inequalities, increased citizens' say in government, and reflected the progressive movement's goal of establishing more direct democratic control over the government.
| Characteristics | Values |
|---|---|
| Number of Amendments | 4 |
| Time Period | 1900-1920 |
| Amendment Numbers | 16th, 17th, 18th, 19th |
| 16th Amendment | Introduced income tax |
| 17th Amendment | Direct election of senators |
| 18th Amendment | Outlawed alcohol |
| 19th Amendment | Women's right to vote |
| Overall Goal | More direct democratic control over the government |
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What You'll Learn
The 16th Amendment: Congress's right to impose an income tax
The 16th Amendment, which came into effect on February 25, 1913, established Congress's right to impose a federal income tax. This amendment was a significant milestone in American history, with far-reaching economic and social impacts. It changed the primary method by which the federal government generated revenue and marked the culmination of a long and curious political journey.
The story of the 16th Amendment began after the Civil War, when the eastern United States' industrial and financial markets flourished, while farmers in the south and west faced economic challenges. During this time, various political organizations, including the Grange and the People's (Populist) Party, advocated for reforms considered radical at the time, such as a graduated income tax. In 1894, as part of a high tariff bill, Congress enacted a 2% tax on income over $4,000, but this was swiftly struck down by the Supreme Court.
The idea of an income tax resurfaced in 1909 when progressives in Congress attached a provision for an income tax to a tariff bill. Interestingly, conservatives proposed a constitutional amendment for such a tax, believing it would never be ratified by three-fourths of the states. However, they were mistaken, and the 16th Amendment was ratified by state legislatures one after another. This amendment resolved the constitutional question of how to tax income and brought about significant changes in the American way of life.
The income tax amendment granted Congress the explicit power "to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." This meant that Congress could impose taxes on incomes without considering population size or state representation. When the US entered World War I, Congress relied heavily on income taxes to finance the war effort, and by 1930, income taxes accounted for 60% of federal tax revenue.
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The 17th Amendment: Direct election of senators
The 17th Amendment to the US Constitution, ratified on April 8, 1913, was a significant milestone in American political history, bringing about a fundamental change in the way senators were elected. This amendment, known as the "Direct Election of Senators," empowered citizens to directly elect their representatives in the Senate, shifting the power from state legislatures to the voting public.
Prior to the 17th Amendment, the election of senators was a prerogative of state legislatures. This often led to issues such as bribery, corruption, and electoral deadlock, where partisan disagreements resulted in vacant Senate seats for extended periods. The amendment addressed these concerns by allowing voters to cast direct votes for their preferred candidates. It also authorized state governors to appoint temporary officials to fill vacant Senate seats until special elections could be held.
The push for direct election gained momentum in the late 19th and early 20th centuries, with growing calls for reform. In 1906, a series of articles published in Cosmopolitan magazine by novelist David Graham Phillips, titled "The Treason of the Senate," further galvanized public support for change. The articles exposed the influence of industrialists and financiers on senators, portraying them as pawns of special interests.
In 1911, Senator Joseph Bristow of Kansas proposed a resolution for a constitutional amendment, and it soon gained traction in the Senate. By 1912, 29 states had already adopted a system of direct election for their senators, either through their party's primary or a general election. These popularly elected senators became advocates for a nationwide direct election process.
The final version of the proposed amendment was produced in 1912, and it was then issued to the states for ratification. Connecticut's approval on April 8, 1913, gave the amendment the required three-fourths majority for ratification. The 17th Amendment not only changed the electoral process but also transformed the dynamics of decision-making in the Senate. Senators now had to be more responsive to the demands of their constituents rather than the state legislatures or special interests.
Amendments: Your Rights and Freedoms
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The 18th Amendment: Prohibition of alcohol
The 18th Amendment to the US Constitution, also known as "The Beginning of Prohibition", was proposed on April 4, 1917, by Senator Morris Sheppard of Texas. The amendment was ratified on January 16, 1919, and officially incorporated into the Constitution.
The 18th Amendment prohibited the manufacture, sale, or transportation of intoxicating liquors within the United States, as well as the importation or exportation of such liquors for beverage purposes. While the amendment did not explicitly ban the consumption, possession, or production of alcohol for private and personal use, it was intended to curb alcohol consumption in the country. The amendment was the culmination of a long history of political and social movements advocating for abstinence from alcohol, dating back to the colonial era. By the late 19th century, the cause for temperance gained national prominence, with organizations like the Woman's Christian Temperance Union linking increased alcohol consumption to various social problems, including domestic violence and health issues.
The building success of the temperance movement led to the passage of laws against alcohol and saloons in 23 states by 1916. The following year, the Senate passed a resolution containing a proposed prohibition amendment, which was then ratified in 1919. The National Prohibition Act, also known as the Volstead Act, was passed by Congress in October 1919 to enforce and define the Amendment's language. The legislation distinguished between the illegality of alcohol designed for consumption and authorized alcohol for scientific, religious, and industrial purposes.
The most significant impact of the 18th Amendment was the sudden surge in illegal alcohol manufacturing, such as rum-running, bootlegging, and moonshining. As alcohol production became more illicit, criminal organizations, such as Al Capone's Chicago Outfit, increased their involvement, making millions of dollars in underground alcohol sales. The amendment also led to an increase in gambling and prostitution, changing public perception of the amendment from generally positive to negative by the end of the 1920s. The 18th Amendment was eventually repealed by the 21st Amendment on December 5, 1933.
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The 19th Amendment: Women's right to vote
The 19th Amendment to the U.S. Constitution, ratified on August 18, 1920, was a landmark victory for women's suffrage, guaranteeing women the right to vote across the United States. This amendment was the culmination of a long and arduous struggle by women's rights activists, dating back to the early 19th century.
From the founding of the United States in 1776, women were almost entirely excluded from the political process, and their voices were largely suppressed. This exclusion sparked early protests, such as Abigail Adams' plea to her husband, John Adams, as he departed for the Continental Congress in 1776, to "remember the ladies". The women's suffrage movement gained significant traction in the mid-19th century, with the establishment of organisations like the National Woman Suffrage Association and the American Woman Suffrage Association in 1869. These groups advocated for amendments to state constitutions and, ultimately, a federal constitutional amendment to secure women's voting rights.
Wyoming Territory, later Wyoming State in 1890, granted women the right to vote in all elections in 1869, becoming the first state to do so. Over time, other states followed suit, and by 1916, eleven western states had granted full women's voting rights, with many others granting partial voting rights. These state-level successes fuelled the push for a federal amendment, as activists sought to ensure that all women across the nation were guaranteed the right to vote.
The Progressive Era, from the late 19th century to the early 20th century, provided a favourable political climate for the women's suffrage movement. Progressives sought to establish "more direct democratic control over the government" and pursued a range of social reforms to address inequalities. During this period, the movement for women's suffrage gained momentum, with the issue being discussed in Congress and supported by activists. World War I also played a pivotal role, as women's contributions to the war effort challenged traditional gender roles and broke down opposition to women's suffrage.
The 19th Amendment declares that "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 sex". This amendment not only prohibited federal and state governments from denying women the right to vote but also empowered Congress to enforce this provision through legislation. The amendment's ratification marked a significant step towards gender equality in the United States, increasing women's participation in politics and other domains of public life.
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Judicial branch: Progressives' unsuccessful attempts to change it
Progressives made repeated attempts to change aspects of the judicial branch of the US government through constitutional amendments, none of which were successful. From the late 19th century to the early 20th century, Progressives like Theodore Roosevelt sought to democratize all branches of government, pushing back against the conservative view of judicial supremacy, where judges' decisions on the law were final and could produce a "judicial veto". Roosevelt himself criticized the function of American judges, stating that they had:
> .. . the function of declaring whether or not the people have the right to make laws for themselves on matters which they deem of vital concern.
During the Progressive Era, about 50% of the amendment proposals relating to the judiciary concerned the selection of judges. Members of Congress attempted to establish their power to elect Supreme Court Justices and federal judges. For example, in 1913, Senator Reed of Missouri proposed that:
> The judges, both of the Supreme and inferior courts, shall hold their offices for a term of twelve years ... No Act of Congress or of the general assembly of any State shall be held by the Supreme Court to be unconstitutional or invalid unless the decision be concurred in by two-thirds of all of the members of the court.
Under the terms of this proposal, Congress would have the power to set term limits for judges and limit the courts' power to declare laws unconstitutional, thus establishing their jurisdiction over the branch.
Other Progressive senators such as Robert La Follette of Wisconsin, William Borah of Idaho, George Norris of Nebraska, and Robert Owen of Oklahoma, viewed the federal courts as an obstacle to their reformist agenda and worked to limit their power. In 1923, Borah introduced legislation that would have required the support of at least seven of the nine justices on the Court to invalidate a statute. When the Court struck down a federal anti-child labour law in 1922, La Follette called for a constitutional amendment to allow Congress to override the Supreme Court by simply re-passing any laws declared unconstitutional. However, Progressives lacked the congressional support to pass their court proposals.
Amendments: What Two Constitutional Changes Do Both
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Frequently asked questions
Progressives added four amendments to the US Constitution between 1913 and 1920. These were the 16th, 17th, 18th, and 19th amendments.
The 16th Amendment granted Congress the power to levy an income tax.
The 17th Amendment allowed for the direct election of US senators by the people. Previously, senators were chosen by state legislatures.
The 18th Amendment created prohibition in the United States, making it illegal to produce, sell, or transport alcohol.
