The Constitution's Expiring Amendments: An Exploration

what constitutional amendment expires

The United States Constitution has 27 amendments, with the first 10, known as the Bill of Rights, being ratified in 1791. The most recent amendment, the 27th Amendment, was ratified in 1992, over 200 years after it was first proposed in 1789. This amendment, also known as the Congressional Compensation Act of 1789, states that any changes to the salary of members of Congress can only take effect after the next election of the House of Representatives. This amendment was proposed by Representative James Madison of Virginia and aims to reduce corruption in the legislative branch.

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The 27th Amendment, also known as the Congressional Compensation Act of 1789

The 27th Amendment was intended to reduce corruption in the legislative branch by allowing the public to remove members of Congress from office before their salaries increase. It was initially ratified by seven states through 1792, but it was not ratified by enough states to come into force with the Bill of Rights in 1791. The proposed amendment was largely forgotten until 1982 when Gregory Watson, a 19-year-old undergraduate student at the University of Texas at Austin, wrote a paper arguing that the amendment was still "live" and could be ratified.

Watson received a ""C"" grade for his paper but started a nationwide campaign for the amendment's ratification, writing letters to state legislatures. In response, several state legislatures ratified the amendment, and it eventually became part of the United States Constitution, effective May 5, 1992, over 200 years after it was first proposed.

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Article III, section 2 modified by Amendment XI

Article III, Section 2 of the US Constitution was modified by Amendment XI, which was passed by Congress on March 4, 1794, and ratified on February 7, 1795.

Article III, Section 2, also known as the Justiciability clause, outlines the powers of the federal courts. The 11th Amendment 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 by Citizens or Subjects of any Foreign State."

This means that federal courts cannot hear cases brought against a state by citizens of another state or foreign citizens. This amendment was an important clarification of the powers of the federal judiciary and the limits of federal jurisdiction.

It is worth noting that the Supreme Court, in the 1803 case of Marbury v. Madison, interpreted Article III and Article VI to give federal courts the final say over the interpretation of the Constitution and federal laws. This interpretation also granted federal courts the authority to order state and federal officials to comply with their rulings. However, federal courts can only decide on cases that are brought to them by individuals directly affected by the law in question. They cannot initiate cases independently, even if a law appears to be unconstitutional.

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Article IV, section 2 superseded by the 13th Amendment

The 13th Amendment to the United States Constitution, passed by Congress on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States. The amendment states that "neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

Prior to the 13th Amendment, slavery was a complex issue in the United States, with President Lincoln's Emancipation Proclamation of 1863 only applying to areas of the Confederacy in a state of rebellion, and not to the "loyal" border states that remained in the Union. Lincoln recognized that a constitutional amendment was necessary to truly abolish slavery, and the 13th Amendment was passed at the end of the Civil War, before the Southern states had been restored to the Union.

Article IV, Section 2 of the Constitution, which allowed for the extradition of fugitives from one state to another, was superseded by the 13th Amendment. The specific provision superseded was likely related to the return of escaped slaves to their owners, as the 13th Amendment abolished slavery and prohibited involuntary servitude, except as punishment for a crime.

The 13th Amendment provided a final constitutional solution to the issue of slavery, ensuring that neither slavery nor involuntary servitude could exist within the United States or any place under its jurisdiction. This amendment superseded the portion of Article IV, Section 2 that may have allowed for the return of escaped slaves to their owners, ensuring that slavery and involuntary servitude could not be legally enforced in the United States.

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Article I, section 2 modified by section 2 of the 14th Amendment

Article I, Section 2 of the Constitution, which was modified by Section 2 of the 14th Amendment, addresses the issue of citizenship and representation in Congress. This amendment was passed by Congress on June 13, 1866, and ratified on July 9, 1868.

Section 2 of the 14th Amendment states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This amendment ensures that individuals born or naturalized in the US are considered citizens, and it prohibits any state from creating laws that infringe upon the rights and privileges of US citizens.

Furthermore, this amendment addresses representation in Congress by stating that "representatives shall be apportioned among the several States according to their respective numbers." This means that the number of representatives allocated to each state should be based on the state's population, including all persons except for untaxed Indigenous people.

The 14th Amendment also includes a clause known as the "due process clause," which states that no state shall "deprive any person of life, liberty, or property, without due process of law." This clause protects individuals' rights to fair legal procedures before any deprivation of their life, liberty, or property.

It's worth noting that the 14th Amendment itself has been partially modified by subsequent amendments. For example, the 26th Amendment changed a portion of the 14th Amendment. However, the specific details of the modifications were not found in the search results.

Additionally, other amendments have modified different sections of Article I. For instance, Article I, Section 9 was modified by the 16th Amendment, granting Congress the power to levy income taxes without regard to census or enumeration. And Article I, Section 3 was modified by the 17th Amendment, establishing the direct election of Senators by the people of each state.

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Article I, section 9 modified by Amendment XVI

Article I, Section 9 of the U.S. Constitution was modified by Amendment XVI, also known as the 16th Amendment. This amendment was passed by Congress on May 13, 1912 (or July 2, 1909, according to one source), and ratified on April 8, 1913 (or February 3, 1913, according to another source).

The 16th Amendment gives Congress the power to impose and collect federal income tax from any source without regard to any census or enumeration and without the need for apportionment among the states. This amendment superseded the previous provision in Article I, Section 9's fourth clause, which prohibited states from imposing direct taxes.

The 16th Amendment ensures equality among the states by prohibiting them from imposing taxes on goods coming from other states and from favouring their own ports over those of other states. It also mandates that Congress provide a regular accounting of the federal government's expenditures.

By granting Congress the authority to levy income taxes directly, the 16th Amendment played a significant role in shaping the federal government's fiscal powers and revenue-raising capabilities. This amendment is an example of how the U.S. Constitution has evolved over time to adapt to the changing needs and complexities of the nation's economic and political landscape.

Frequently asked questions

The Twenty-seventh Amendment (Amendment XXVII), also known as the Congressional Compensation Act of 1789, states that any law that increases or decreases the salary of members of Congress may take effect only after the next election of the House of Representatives has occurred.

The Thirteenth Amendment, which states that "neither slavery nor involuntary servitude, except as a punishment for crime ... shall exist within the United States, or any place subject to their jurisdiction."

The Bill of Rights comprises the first 10 amendments to the Constitution, which were ratified on December 15, 1791.

The first constitutional amendment is the Tenth Amendment, which is part of the Bill of Rights. It states that "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."

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