Simone Lawson
The United States Constitution has been amended 27 times, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791. The process of amending the Constitution is a difficult and time-consuming task, as the framers intended when they wrote it to endure for ages to come. Amendments have allowed for a wide range of changes, including granting women the right to vote, enacting and repealing Prohibition, abolishing poll taxes, and lowering the minimum voting age.
| Characteristics | Values |
|---|---|
| Amendment XI | Passed by Congress on March 4, 1794 and ratified on February 7, 1795. Modified Article III, section 2, of the Constitution. |
| Amendment XII | Passed by Congress on December 9, 1803 and ratified on June 15, 1804. Superseded a portion of Article II, section 1, of the Constitution. |
| Amendment XIII | Superseded a portion of Article IV, section 2, of the Constitution. Outlawed slavery and involuntary servitude, except as punishment for crimes. |
| Amendment XIV | Passed by Congress on June 13, 1866 and ratified on July 9, 1868. Modified Article I, section 2, of the Constitution. Granted citizenship and equal protection under the law to all persons born or naturalized in the United States. |
| Amendment XVI | Passed by Congress on July 2, 1909 and ratified on February 3, 1913. Modified Article I, section 9, of the Constitution. Granted Congress the power to lay and collect income taxes without regard to state apportionment or census enumeration. |
| Amendment XVII | Passed by Congress on May 13, 1912 and ratified on April 8, 1913. Modified Article I, section 3, of the Constitution. Established direct election of Senators by popular vote. |
| 20th Century Amendments | Gave women the right to vote, enacted and repealed Prohibition, abolished poll taxes, and lowered the minimum voting age from 21 to 18. |
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What You'll Learn
Outlawing slavery and involuntary servitude
The 13th Amendment to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified by the required 27 of the then 36 states on December 6, 1865. It was proclaimed on December 18, 1865, and was the first of three Reconstruction Amendments adopted following the American Civil War.
The 13th Amendment states: "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." This amendment gave Congress the power to enforce this article by appropriate legislation.
Slavery existed and was legal in the United States of America upon its founding in 1776. It was established by European colonisation in all of the original thirteen American colonies of British America. Prior to the 13th Amendment, the US Constitution did not expressly use the words "slave" or "slavery" but included several provisions regarding unfree persons. For example, the Three-Fifths Compromise, Article I, Section 2, Clause 3 of the Constitution, allocated Congressional representation based on "the whole Number of free Persons" and "three-fifths of all other Persons".
In 1863, President Lincoln issued the Emancipation Proclamation, declaring: "All persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free." This proclamation did not end slavery nationwide since it only applied to areas of the Confederacy currently in rebellion (and not even to the loyal "border states" that remained in the Union). Lincoln recognised that the Emancipation Proclamation would need to be followed by a constitutional amendment to guarantee the abolishment of slavery.
Amendment History: The 15th Amendment's Addition
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Congress's power to collect income taxes
The 16th Amendment to the U.S. Constitution, which came into effect on February 25, 1913, established Congress's right to impose and collect federal income tax. The amendment states: "The Congress shall have the 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."
The 16th Amendment overruled the 1895 Pollock decision by the Supreme Court, which had made a nationwide income tax effectively impossible by invoking an arcane distinction between "direct" and "indirect" taxes. The amendment removed the requirement that any income tax be apportioned among the states according to their respective populations. This distinction between direct and indirect taxes is considered arcane today, but it was pivotal in the pre-1913 context, with the practical significance of the issue greatly reduced after the 16th Amendment.
The financial requirements of the Civil War prompted the first American income tax in 1861. Congress initially imposed a flat 3% tax on all incomes over $800, later modifying this to include a graduated tax. However, Congress repealed the income tax in 1872. In 1909, progressives in Congress attached a provision for an income tax to a tariff bill. Interestingly, conservatives pushed for a constitutional amendment, believing it would never be ratified by three-fourths of the states. However, the amendment was indeed ratified by the required number of states, and in 1913, Congress enacted a nationwide unapportioned individual income tax.
While the 16th Amendment is often cited as the source of Congress's power to tax incomes, at least one court has reiterated that this power existed since 1789 and was derived from Article I, Section 8, Clause 1, of the original Constitution. The amendment simply eliminated the requirement for apportionment based on population. The source of the taxing power is Article I, Section 8, which grants Congress the broad "Power To lay and collect Taxes, Duties, Imposts and Excises."
Amendments to the Constitution: A Historical Timeline
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Women's right to vote
The 19th Amendment to the U.S. Constitution, which came into effect on 26 August 1920, granted women the right to vote. The amendment states: "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. Congress shall have power to enforce this article by appropriate legislation."
The road to women's suffrage was long and arduous, taking more than a century of fighting by generations of activists. The earliest recorded vote cast by a woman in America occurred in 1756 in colonial Massachusetts. In the mid-1800s, several women's rights organisations began to emerge, and in 1848, the Seneca Falls Convention in New York adopted the Declaration of Sentiments, which called for equality between the sexes and included a resolution urging women to secure the vote.
In 1869, the National Woman Suffrage Association (NWSA) and The American Woman Suffrage Association (AWSA) were formed, advocating for universal suffrage and a Constitutional amendment for women's suffrage, respectively. Despite facing opposition and tension with notable Black leaders, such as Frederick Douglass, who supported the 15th Amendment granting Black men the right to vote, the women's suffrage movement gained momentum in the early 20th century.
By 1916, most major suffrage organisations united behind the goal of a constitutional amendment. The House of Representatives passed the amendment on 21 May 1919, and the Senate followed suit two weeks later. On 18 August 1920, Tennessee became the 36th state to ratify the amendment, marking a historic moment in the American women's rights movement.
However, it is important to note that the 19th Amendment did not fully enfranchise all women. Black women, Indigenous women, Asian American women, and women of colour continued to face discrimination and voter suppression due to racially discriminatory tactics, particularly in the South. It would take further legislative actions, such as the Voting Rights Act of 1965, to protect the voting rights of all women, regardless of race or ethnicity.
Understanding the Power to Invoke the 25th Amendment
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Prohibition of alcohol
The Eighteenth Amendment to the United States Constitution established the prohibition of alcohol in the country. The amendment was proposed by Congress on December 18, 1917, and ratified by the requisite number of states on January 16, 1919. It was the result of decades of efforts by the temperance movement, which held that a ban on the sale of alcohol would eliminate poverty and ameliorate societal problems such as immoral sexual behaviour and violence. The Anti-Saloon League, founded in 1893, was the organisation most responsible for the Eighteenth Amendment's proposal and ratification. The League strategically engaged with Protestant churches and both major political parties, publishing political pamphlets and giving speeches in support of Prohibition.
The Eighteenth Amendment declared the production, transport, and sale of intoxicating liquors illegal, although it did not outlaw the actual consumption or possession of alcohol. The amendment also allowed the licensed production, use, and sale of alcohol for certain industrial, medicinal, religious, and scientific purposes, subject to state or local restrictions. Shortly after the amendment was ratified, Congress passed the Volstead Act to provide for the federal enforcement of Prohibition.
The Prohibition era lasted from 1920 to 1933, during which the United States prohibited the production, importation, transportation, and sale of alcoholic beverages. However, the act was largely a failure, as it was unable to prevent the mass distribution of alcoholic beverages and inadvertently caused a massive increase in organised crime. Alcohol smuggling, known as rum-running or bootlegging, and illicit bars, known as speakeasies, became popular. By the 1930s, public sentiment had turned against Prohibition, and Congress was compelled to act.
On February 20, 1933, Congress initiated the Blane Act and proposed a new amendment to end prohibition. The Twenty-first Amendment, ratified on December 5, 1933, repealed the Eighteenth Amendment, ending Prohibition. Mississippi was the last state to lift all its Prohibition-era laws in 1966, while Kansas lifted its ban on public bars in 1987. The Twenty-first Amendment is unique in the way it was ratified and in its ultimate purpose to repeal a previous addition to the Constitution.
Fight for Freedom: Constitutional Amendments Champions
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The right to free speech
The First Amendment to the US Constitution, ratified on December 15, 1791, is primarily recognized for safeguarding the freedom of speech, religion, and the press, as well as protecting the right to assemble and petition the government. The text explicitly states that "Congress shall make no law [...] 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." This amendment ensures that individuals are free to express their opinions and ideas without fear of government interference or censorship.
However, the right to free speech is not absolute and has certain limitations. For example, it generally does not apply to commercial speech, such as advertising, or speech that involves inciting violence, defamation, or obscenity. Additionally, the First Amendment applies specifically to government action and does not restrict the rules and policies of private entities such as businesses, colleges, or religious organizations.
The interpretation and application of the First Amendment have evolved over time, influenced by social, political, and legal developments. For instance, the expansion of free speech protections to include electronic media and the internet reflects the changing landscape of communication and expression in the modern era.
Progressive Reform: Constitutional Amendment Impact
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Frequently asked questions
The authority to amend the Constitution comes from Article V of the Constitution. 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 proposed, the Archivist of the United States administers the ratification process. An amendment becomes part of the Constitution when it is ratified by three-fourths of the States.
The 11th Amendment states that the judicial power of the United States does not 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.
The 12th Amendment superseded a portion of Article II, Section 1 of the Constitution, which deals with the procedure for electing the President and Vice President.
The 13th Amendment abolished slavery and involuntary servitude, except as punishment for crimes.
The 14th Amendment states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens and are entitled to equal protection under the law. It prohibits states from abridging the privileges or immunities of citizens and from depriving any person of life, liberty, or property without due process of law.
