Isabella Carter
The United States Constitution has been amended 27 times since it was ratified in 1789, with the first 10 amendments being adopted in 1791 as the Bill of Rights. The process of amending the Constitution is complex and time-consuming, requiring a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. Amendments have had a significant impact on the rights of citizens, including the 19th Amendment, which granted women the right to vote, and the 21st Amendment, which repealed Prohibition. Other notable amendments include the 4th and 5th Amendments, which protect citizens from unreasonable searches and seizures and guarantee due process rights for defendants in criminal proceedings. The amendment process has also been used to abolish poll taxes, lower the minimum voting age, and enact term limits for the presidency.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| First 10 amendments | Ratified on December 15, 1791, as the Bill of Rights |
| Amendments in the 20th century | Gave women the right to vote; enacted and repealed Prohibition; abolished poll taxes; lowered the minimum voting age from 21 to 18 |
| Most important amendments | The Fourth Amendment, limiting police powers; the Fifth Amendment, establishing rights for defendants in criminal proceedings; the 19th Amendment, granting women the right to vote |
| Amendment process | Proposed by Congress with a two-thirds majority in both houses or by a constitutional convention called by two-thirds of state legislatures; ratified by three-fourths of the states |
| Ratification process | Administered by the Archivist of the United States, with support from the Director of the Federal Register; includes publication in the Federal Register and U.S. Statutes at Large |
| Special cases | The 21st Amendment, which repealed the 18th Amendment (Prohibition); the 19th Amendment, which granted women the right to vote but did not end voter suppression of women of color |
| Global comparison | Australia has had 8 out of 44 proposed amendments passed; Japan has had none; Brazil's Constitution outlines amendment terms in Article 60; Alabama's former constitution was amended 977 times between 1901 and 2022 |
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What You'll Learn
The US Constitution has been amended 27 times since 1787
The US Constitution, first drafted in 1787, is the world's longest-surviving written constitution. It has been amended 27 times, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1791. The amendment process is deliberately difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-quarters of state legislatures or state ratifying conventions.
Amendments have been used to transform the US Constitution in critical ways. For example, the 12th Amendment, ratified in 1804, mandated that electors vote separately for the president and vice president. The 17th Amendment, ratified later, changed the election process for the US Senate, giving the American people the right to elect senators.
The US Constitution has also been amended to abolish poll taxes, lower the minimum voting age to 18, and give women the right to vote. Other amendments include the enactment and repeal of Prohibition and the 16th Amendment, which gave the government the power to collect income tax.
There have been many proposals for further amendments to the Constitution, including outlawing flag burning, allowing voluntary school prayer, making English the official language, and abolishing the Electoral College.
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Amendments are proposed by Congress or a constitutional convention
The Constitution of a country is a powerful tool, and the process of amending it is a significant and challenging task. The United States Constitution, for example, has only been amended 27 times since its drafting in 1787, with the first 10 amendments, including the Bill of Rights, being adopted in 1791. The process of proposing and ratifying amendments ensures that any changes made are carefully considered and have a significant impact on the nation and its citizens.
Amendments to the US Constitution can be proposed in two ways: by Congress or by a constitutional convention. The authority to amend the Constitution comes from Article V of the Constitution itself. Congress proposes amendments in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. This process has been the method for 33 proposed amendments, with 27 of those being ratified.
A constitutional convention, also known as an Article V Convention or amendatory convention, is the second method of proposing amendments. This process is initiated when two-thirds of the state legislatures (34 out of 50) request Congress to call for a convention. While this method has never been used at the federal level, it has been employed successfully at the state level, with over 230 constitutional conventions held to amend state constitutions.
The proposal stage is just the beginning of the amendment process. Once an amendment is proposed, it must go through the ratification process. Ratification can occur through the approval of state legislatures or state ratifying conventions in three-fourths of the states (currently 38 out of 50). The Congress typically specifies the state legislature ratification method, and an amendment becomes an official part of the Constitution once it achieves the required ratification.
The amendment process is deliberately challenging, ensuring that any changes to the Constitution are thoroughly vetted and widely accepted. While the process begins with proposals from Congress or constitutional conventions, it is the collaboration and approval of a significant majority of states that ultimately enacts amendments into law.
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The Fourth Amendment limits police powers
The Fourth Amendment to the United States Constitution limits the powers of police officers and other government officials by prohibiting unreasonable searches and seizures. This amendment ensures that the privacy, dignity, and security of individuals are protected against arbitrary and oppressive interference by law enforcement. It applies to all individuals, regardless of whether they are accused of a crime or not.
The Fourth Amendment requires that searches and seizures be carried out in a reasonable manner, typically requiring a prior arrest or search warrant. However, the Supreme Court has recognized exceptions to the warrant requirement, particularly in cases involving motor vehicles. For example, officers may search a vehicle's passenger compartment if there is a lawful occupant arrest, if the search is contemporaneous with the arrest, and if it is conducted before the vehicle is moved.
Additionally, the Fourth Amendment allows for investigatory stops, such as Terry stops or traffic stops, which are temporary questioning for limited purposes. During these stops, officers may conduct a pat-down search of a detained suspect if they have a reasonable suspicion that the suspect is armed and dangerous. The officer may pat down the suspect's outer clothing and proceed to the inner clothing only if there seems to be a concealed weapon.
The amendment also protects the right of individuals to be secure in their persons, houses, papers, and effects against unreasonable seizures. A seizure of property occurs when there is a meaningful interference with an individual's possessory interests, such as when police take property as evidence or participate in an eviction.
While the Fourth Amendment provides important limitations on police powers, it has been the subject of controversy. Critics argue that it hampers police investigations and can result in the release of guilty parties due to the exclusionary rule, which prohibits the use of illegally obtained evidence in court. However, proponents of the amendment defend it as necessary to protect personal privacy and dignity against unwarranted intrusion by the state.
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The 19th Amendment gave women the right to vote
The 19th Amendment to the U.S. Constitution, which was passed on June 4, 1919, and ratified on August 18, 1920, is undoubtedly one of the most important constitutional amendments in American history. This amendment legally guarantees American women the right to vote, marking a significant milestone in the long and arduous struggle for women's suffrage.
The journey towards achieving women's suffrage in the United States was neither easy nor swift. It spanned decades, beginning in the mid-19th century, and involved tireless efforts by champions of voting rights for women. They employed various strategies, including lecturing, writing, marching, lobbying, and even civil disobedience, to achieve what many Americans considered a radical change to the Constitution. Some pursued a state-by-state approach, with nine western states adopting women's suffrage legislation by 1912, while others challenged male-only voting laws in court. Confrontational tactics, such as picketing, silent vigils, and hunger strikes, were also utilised, often facing fierce resistance, heckling, and even physical abuse from opponents.
The push for a constitutional amendment gained momentum in the 1890s, with suffrage organisations advocating for a national amendment. Notable leaders during this period included Lucy Burns and Alice Paul, whose diverse strategies played a crucial role in advancing the cause. The first women's suffrage amendment was introduced in Congress in 1878 but was rejected in 1887. It wasn't until May 21, 1919, that the amendment finally passed the House of Representatives, followed by the Senate on June 4, 1919.
The 19th Amendment not only prohibited the U.S. and its states from denying the right to vote based on sex but also symbolised the culmination of a decades-long movement for women's suffrage. However, it is important to acknowledge that the amendment's impact was not immediate for all women. While it protected women from discrimination in voting rights on paper, in practice, it primarily benefited white women. Women of colour, including Black, Native American, and Asian American women, continued to face discrimination and were only granted voting rights decades later with the passage of the Voting Rights Act of 1965.
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The 21st Amendment repealed Prohibition
The 21st Amendment, which repealed Prohibition, is one of the most important constitutional amendments. It was unique in its ratification process and its purpose to repeal a previous amendment. Proposed by the 72nd Congress on 20 February 1933, it was ratified by the requisite number of states on 5 December 1933.
The 21st Amendment ended the Eighteenth Amendment's nationwide ban on the manufacture, sale, and transportation of alcohol. The Eighteenth Amendment, ratified in 1919, was the result of years of advocacy by the temperance movement. While many Americans continued to drink, the new law gave rise to a profitable black market for alcohol, fuelling the rise of organised crime. By the 1930s, public sentiment towards Prohibition had flipped from positive to negative, and Congress was compelled to act.
The 21st Amendment was ratified by state ratifying conventions, marking the first time in history that this method was used instead of ratification by state legislatures. Acting Secretary of State, William Philips, certified that the amendment had been passed by three-fourths of the states. President Roosevelt then issued a proclamation, stating:
> "I trust in the good sense of the American people that they will not bring upon themselves the curse of excessive use of intoxicating liquors to the detriment of health, morals and social integrity. The objective we seek through a national policy is the education of every citizen towards a greater temperance throughout the nation."
Despite the repeal of Prohibition, several states continued to be "dry states", closely regulating the distribution of alcohol. The 21st Amendment is also notable for being the only amendment to repeal a prior amendment, and its impact on shaping alcohol-related policies and court decisions in the decades that followed.
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Frequently asked questions
The Constitution can be amended by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention requested by two-thirds of the state legislatures. A proposed amendment becomes part of the Constitution once ratified by three-fourths of the states (38 out of 50).
Notable amendments to the US Constitution include the 19th Amendment, which granted women the right to vote; the 21st Amendment, which repealed Prohibition; and the 14th Amendment, which guarantees due process and equal protection under the law.
Some proposed amendments that have not been ratified include those that would outlaw flag burning, allow voluntary school prayer, make English the official language, and abolish the Electoral College.
