Omar Bennett
The United States Constitution has been amended several times since its signing on September 17, 1787. The procedure for amending the Constitution is outlined in Article V. To become part of the Constitution, an amendment must be ratified by three-fourths of the states. There have been 27 amendments to the Constitution, with the first 10 amendments, known as the Bill of Rights, being ratified in 1791. The amendments cover a range of topics, including individual rights, the powers of Congress, and the election of the President. The most recent amendment, the Twenty-seventh Amendment, was ratified in 1992 and addresses congressional pay raises.
| Characteristics | Values |
|---|---|
| Number of amendments | 27 |
| First 10 amendments | Ratified on December 15, 1791, and known as the Bill of Rights |
| Eighth Amendment | Protects people from excessive bail or fines and cruel and unusual punishment |
| Ninth Amendment | Declares that individuals have other fundamental rights, in addition to those stated in the Constitution |
| Sixteenth Amendment | Removed constraints on Congress's power to lay and collect taxes on income |
| Eighteenth Amendment | Prohibited the making, transporting, and selling of alcoholic beverages nationwide |
| Twenty-first Amendment | Repealed the Eighteenth Amendment, ending the prohibition of alcohol |
| Twenty-seventh Amendment | Prevents members of Congress from granting themselves pay raises during the current session |
| Amendment proposal process | Proposed by two-thirds of both houses of Congress or by a national convention requested by two-thirds of state legislatures |
| Ratification process | Ratified by three-fourths of state legislatures or state ratifying conventions |
| Number of proposals to amend | Approximately 11,848 since 1789 |
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What You'll Learn
The Bill of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. It was proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists. The Bill of Rights was added to the Constitution to appease Anti-Federalists, who thought the new Constitution did not provide adequate safeguards for the rights of the people. The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, assemble, and other natural and legal rights.
Articles Three through Twelve were ratified as additions to the Constitution on December 15, 1791, and became Amendments One through Ten. Article Two became part of the Constitution on May 5, 1992, as the Twenty-seventh Amendment, which prevents members of Congress from granting themselves pay raises during the current session. The First Amendment, one of the more symbolic and litigious of the amendments, guarantees freedom of expression.
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The Eighth Amendment
While the Court prohibits barbaric punishments, it has not deemed the death penalty as inherently cruel or unusual. Justices Scalia and Thomas argue that the standards of cruelty that prevailed in 1791, when the amendment was adopted, should be the benchmark for determining whether a punishment is cruel and unusual. However, law professor John Stinneford asserts that the "evolving standards" test misinterprets the Eighth Amendment, and that the word "unusual" should be understood as "contrary to long usage".
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The Sixteenth Amendment
In conclusion, the Sixteenth Amendment to the United States Constitution granted Congress the power to levy income taxes without apportioning them among the states based on population. This amendment addressed the limitations highlighted in the Pollock case and expanded the federal government's ability to generate revenue through taxation.
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The Eighteenth Amendment
The Volstead Act, also known as the National Prohibition Act, was enacted by Congress to define the language used in the amendment and set the starting date for nationwide prohibition as January 17, 1920. The act specified that liquor, wine, and beer qualified as intoxicating liquors and were therefore prohibited. While the Eighteenth Amendment led to a decline in alcohol consumption, enforcing Prohibition proved challenging, particularly in cities, where alcohol smuggling and illicit bars became prevalent.
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The Twenty-seventh Amendment
This amendment addresses the issue of congressional pay and aims to reduce corruption in the legislative branch. It states that any law that increases or decreases the salary of members of Congress can only come into effect after the next election of the House of Representatives. In other words, Congress cannot grant itself pay raises during its current session, and any raises must wait until the next session of Congress. This amendment ensures that the public has the opportunity to remove members of Congress from office through elections before any salary increases take effect.
The amendment's ratification process has been the subject of debate among scholars. Some argue that there should have been simultaneous approval by two-thirds of both Houses of Congress and three-quarters of the states, as the size of these bodies and the number of states have changed significantly between 1789 and 1992. However, others defend the validity of the ratification, pointing out that Article V's text only requires the two conditions to be met independently, which was achieved in 1789 and 1992, respectively. Despite the controversy, the Twenty-seventh Amendment stands as a significant addition to the United States Constitution, reflecting the dynamic nature of the country's founding document.
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Frequently asked questions
There have been 27 amendments to the US Constitution, with the first 10, known as the Bill of Rights, being ratified in 1791.
The first amendment to the US Constitution, part of the Bill of Rights, states that: "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."
The most recent amendment to the US Constitution is the Twenty-seventh Amendment, which was ratified in 1992. It prevents members of Congress from granting themselves pay raises during the current session.
