Malcolm Rivera
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Alternatively, they can be appended to the constitution as supplemental additions, changing the government's framework without changing the document's existing text. The United States Constitution has been amended 27 times, with the first ten amendments, known as the Bill of Rights, being ratified on December 15, 1791. Other notable examples of constitutional amendments include the Seventeenth Amendment, which changed the way U.S. Senators are elected, and the Twenty-Sixth Amendment, which lowered the voting age to 18.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| First Amendment | "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." |
| Twenty-First Amendment | Reversed prohibition |
| Twenty-Second Amendment | Limited presidents to two terms in office |
| Twenty-Sixth Amendment | Lowered the voting age to 18 |
| Twenty-Seventh Amendment | Requires that any changes in pay for members of Congress cannot be implemented until after an election |
| Total Number of Proposals to Amend the Constitution | ~11,848 |
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What You'll Learn
The First Amendment
> "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Initially, the First Amendment applied only to laws enacted by Congress, and its provisions were interpreted more narrowly than they are today. The Supreme Court has applied the First Amendment to the states through a process known as incorporation, using the Due Process Clause of the Fourteenth Amendment. This has led to significant expansions of speech rights in the 20th and 21st centuries, protecting various forms of political speech, anonymous speech, campaign finance, pornography, and school speech.
It is important to note that the protection of speech under the First Amendment is not absolute. Commercial speech, for example, is subject to greater regulation than political speech. The First Amendment also does not prohibit private, non-governmental entities from limiting free speech. The precise boundaries of these protections have been the subject of contentious litigation, with the Supreme Court playing a crucial role in interpreting and defining the scope of the First Amendment.
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The Twenty-First Amendment
The Eighteenth Amendment, ratified in 1919, had mandated a nationwide prohibition on alcohol. However, by the 1930s, public sentiment towards prohibition had shifted negatively, and Congress was compelled to act. The Twenty-First Amendment was passed to end national prohibition and grant states the power to regulate the sale, manufacture, and transportation of alcohol. This amendment is also notable for being the only one ratified by state ratifying conventions, specifically selected for this purpose, rather than the more common method of state legislatures.
Section 1 of the Twenty-First Amendment expressly repeals the Eighteenth Amendment, while Section 2 prohibits the importation of alcohol into states and territories that have laws prohibiting the importation or consumption of alcohol. This amendment gave rise to "dry states", which continue to closely regulate alcohol distribution. Many states delegate their authority over alcohol granted by the amendment to their municipalities or counties.
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The Twenty-Second Amendment
The amendment's interpretation has been a subject of debate among scholars. Some argue that it prohibits individuals from becoming president again under any circumstances if they have already served two terms. Others contend that it only applies to presidential elections, leaving open the possibility of an appointment in the case of succession. The Twenty-Second Amendment played a significant role in shaping the executive branch of the U.S. government by establishing clear term limits for the presidency and addressing concerns about the accumulation of power.
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The Twenty-Sixth Amendment
Prior to the Twenty-Sixth Amendment, states had the authority to set their minimum voting age, with 21 being the standard in most states. The push to lower the voting age from 21 to 18 gained momentum during the 1960s, influenced by the military draft for the Vietnam War. Young men between 18 and 21 were being conscripted to serve in the armed forces and fight in a conflict over which they had no political say. This led to the slogan "old enough to fight, old enough to vote."
The drive to lower the voting age gained support from various public officials, including President Dwight D. Eisenhower, who, in his 1954 State of the Union address, became the first president to advocate for removing age-based restrictions on suffrage for those 18 and older. Despite this, Congress struggled to pass any national change. In 1970, congressional allies included an 18-year-old vote provision in a bill extending the Voting Rights Act. However, the Supreme Court ruled in Oregon v. Mitchell that Congress could not unilaterally lower the voting age for state and local elections.
Recognizing the challenges of maintaining separate voting rolls and elections for federal and state contests, Congress proposed, and the states ratified, the Twenty-Sixth Amendment. This amendment ensures that citizens of the United States who are 18 years of age or older have the right to participate in state and federal elections, with Congress having the power to enforce this provision through appropriate legislation. The Twenty-Sixth Amendment addressed a significant domestic controversy that emerged during the Cold War era, demonstrating the impact of social and political activism on the nation's constitutional landscape.
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The Twenty-Seventh Amendment
The amendment was first proposed in 1789, along with 11 other amendments, but it was not ratified by enough states to come into force at that time. The idea behind the amendment was to reduce corruption in the legislative branch by allowing the public to remove members of Congress from office before their salaries increase. Madison did not want Congress to have unlimited power over its own pay, but he also did not want the President to control congressional salaries, as that would give the President too much power over Congress. Instead, he proposed that an election must happen before any pay raise could take effect.
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Frequently asked questions
There have been 27 amendments to the US Constitution.
Amendments must be properly proposed and ratified before becoming operative. An amendment may be proposed and sent to the states for ratification by the US Congress, whenever a two-thirds majority in both the Senate and the House of Representatives deem it necessary. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
The first ten amendments, known as the Bill of Rights, were passed in 1789 and ratified in 1791. The Twenty-First Amendment, passed in 1933, reversed prohibition. The Twenty-Second Amendment, passed in 1947 and ratified in 1951, limited presidents to two terms in office. The Twenty-Sixth Amendment, passed in 1971, lowered the voting age to 18.
