Eleanor Finch
The United States Constitution has been amended 27 times since it was drafted in 1787, with the first 10 amendments, known as the Bill of Rights, being ratified in 1791. Amending the Constitution is a challenging and time-consuming process, as it was written to endure for ages to come. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the state legislatures or state ratifying conventions, as stipulated by Congress. Since the early 20th century, Congress has often stipulated a seven-year deadline for ratification.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | The Bill of Rights |
| 11th Amendment | Passed by Congress on March 4, 1794, and ratified on February 7, 1795 |
| 13th, 14th, and 15th Amendments | Reconstruction Amendments |
| 13th Amendment | Prohibits slavery and involuntary servitude |
| 14th Amendment | Defines citizenship and protects the rights of citizens |
| 21st Amendment | Repealed the 18th Amendment, ending the prohibition of intoxicating liquors |
| 22nd Amendment | Limits the President to two terms |
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What You'll Learn
Prohibition and presidential term limits
The Constitution of the United States has been amended 27 times, beginning with the Bill of Rights, which consisted of the first 10 amendments ratified in 1791. This response will focus on two specific amendments: the 18th Amendment, which imposed a federal ban on the production, transportation, and sale of alcoholic beverages, and the 22nd Amendment, which limited the US President to two elected terms in office.
Prohibition
The 18th Amendment to the US Constitution, enacted in 1919, established the prohibition of alcoholic beverages by banning their production, transportation, and sale. This amendment was the culmination of a decades-long campaign by temperance movements and progressive reformers, who believed that banning alcohol would reduce social issues associated with drinking, such as domestic violence and public drunkenness. However, the practical implications of this amendment were far-reaching and often negative, leading to the rise of organised crime and bootlegging as the demand for alcohol continued through the Roaring Twenties.
Repeal of Prohibition
Recognising the unintended consequences of Prohibition, which included the empowerment of criminal gangs and a loss of tax revenue for the government, the 21st Amendment was passed in 1933 to repeal the 18th Amendment. This new amendment restored the legality of alcoholic beverages and returned the regulation of their sale and distribution to the states.
Presidential Term Limits
The 22nd Amendment, ratified in 1951, imposed term limits on the office of the US President, limiting an individual to being elected President no more than twice. This amendment was a response to the unprecedented four-term presidency of Franklin D. Roosevelt, who served from 1933 to 1945, and it aimed to prevent any future concentration of power in the executive branch. The two-term limit has been a fixture of American politics ever since, shaping presidential legacies and strategies employed by administrations.
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The Reconstruction Amendments
The Thirteenth Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. This amendment irrevocably abolished slavery throughout the United States.
The Fourteenth Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. It defines all people born in the United States as citizens and requires due process of law. Thaddeus Stevens, the Republican floor leader in the House of Representatives, and other Radical Republicans believed that this amendment would help purge the nation of the legacy of slavery and create a "perfect republic" with equal civil and political rights for all citizens.
The Fifteenth Amendment, proposed in 1869 and ratified in 1870, prohibits federal and state governments from denying a citizen the right to vote based on race, colour, or previous condition of servitude. This amendment was important in protecting the franchise of black men and ensuring their political rights.
While these amendments were intended to guarantee the freedom and certain civil rights of formerly enslaved individuals, their promises were eroded by state laws and federal court decisions in the late 19th century. It was not until the mid-20th century, with Supreme Court decisions like Brown v. Board of Education and laws such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965, that the full benefits of the Reconstruction Amendments were realised.
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The Bill of Rights
Madison, initially an opponent of a Bill of Rights, later explained that state bills of rights offered only an illusion of protection against tyranny. He wrote the amendments to limit government power and protect individual liberties. The amendments add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble.
The first ten amendments to the Constitution make up the Bill of Rights. The first three amendments are as follows:
- 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.
- A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
- No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
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Congressional term limits
The US Constitution has 27 amendments, the first 10 of which were ratified simultaneously and are known as the Bill of Rights. Since 1789, there have been approximately 11,848 proposals to amend the Constitution, with members of the House and Senate proposing around 200 amendments during each two-year term of Congress.
One topic that has been the subject of proposed amendments is congressional term limits. In 1994, the "Contract With America" Republican platform included legislation for term limits in Congress. After the Republicans won the majority, a constitutional amendment was proposed in the House that would limit senators to two six-year terms and members of the House to six two-year terms. However, this proposal failed to garner enough support, falling short of the two-thirds majority needed for constitutional amendments.
The idea of congressional term limits has been debated for decades. In 1995, citizens of 23 states passed laws imposing term limits on their members of Congress, which meant that just under half of all congressmen were term-limited. Additionally, 19 states have passed Article V convention applications for a limited government that includes the imposition of term limits on Congress. Twelve states have passed exclusive term limits applications: WV, FL, MO, AL, WI, TN, LA, NC, OK, SD, IN, and SC.
Proponents of congressional term limits argue that the success and popularity of term limits at the state level suggest they should be adopted at the federal level as well. They believe that term limits are necessary to prevent the concentration of power and to ensure fresh perspectives in government. On the other hand, opponents argue that term limits may increase the power of appointed officials and staff, who may have more experience and influence than inexperienced members of Congress.
The movement for congressional term limits has not succeeded in amending the Constitution. However, it continues to gain traction, with efforts focused on pursuing a constitutional amendment through the procedures set forth in Article V, which allows for a convention to be called when 34 state legislatures demand it.
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Flag burning
The topic of flag burning in the United States has been a controversial issue, with several court cases and proposed amendments to the US Constitution seeking to address it. The debate centres around protecting a national symbol and preserving free speech.
One notable case is Texas v. Johnson in 1989, where the United States Supreme Court upheld the rights of protesters to burn the American flag, citing the First Amendment, which protects symbolic speech and political expression. The Court's decision, written by Justice William Brennan, stated that the government could not prohibit the expression of an idea simply because society might find it offensive or disagreeable. This decision was controversial and prompted Congress to consider creating a flag desecration amendment to the Constitution.
The Flag Desecration Amendment, also known as the Flag-Burning Amendment, has been proposed multiple times since 1995, passing the House of Representatives with the required two-thirds majority but failing to achieve the necessary super-majority in the Senate. The amendment would allow Congress to prohibit and punish the physical "desecration" of the US flag, including burning. Proponents of the amendment argue that flag burning is offensive and should be outlawed, while opponents argue that it would limit freedom of speech, a principle protected by the First Amendment.
Public opinion on the issue has been mixed, with polls showing varying levels of support for a flag desecration amendment over the years. While some polls indicate a majority in favour of such an amendment, others suggest a majority oppose amending the Constitution to outlaw flag burning. The most recent poll cited, from June 2020, found that 49% of respondents believed flag burning should be illegal, while 34% said it should be legal.
The Supreme Court reaffirmed the right to burn the American flag as constitutionally protected free speech in United States v. Eichman in 1990, again by a narrow 5-4 majority. Despite ongoing efforts by Congress to amend the Constitution and prohibit flag burning, no such amendment has been successful to date.
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Frequently asked questions
There have been 27 amendments to the US Constitution, including the first 10 amendments, which were adopted simultaneously as the Bill of Rights.
Amending the US Constitution is a difficult and time-consuming process. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states.
Some notable amendments include the 13th Amendment, which abolished slavery and involuntary servitude, the 14th Amendment, which granted citizenship to all persons born or naturalized in the United States, and the 22nd Amendment, which limits the President to two terms in office.
The framers of the Constitution made it difficult to amend on purpose, as it was written "to endure for ages to come." The idea for an amendment must have a major impact on all Americans or secure the rights of citizens.
