Eleanor Finch
The United States Constitution has been amended 27 times since it was enacted on March 4, 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791, and include the right to freedom of speech, freedom of the press, and peaceable assembly, as well as the right to keep and bear arms. Subsequent amendments include the Eleventh Amendment, which modified Article III, Section 2 of the Constitution, and the Thirteenth Amendment, which superseded a portion of Article IV, Section 2, and abolished slavery and involuntary servitude within the United States. The process of amending the Constitution is outlined in Article V of the Constitution and involves proposals by Congress or constitutional convention, followed by ratification by a specified number of states.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | Ratified December 15, 1791 |
| First 10 Amendments known as | Bill of Rights |
| 11th Amendment | Passed by Congress March 4, 1794. Ratified February 7, 1795 |
| 11th Amendment modified | Article III, section 2, of the Constitution |
| 12th Amendment | Passed by Congress December 9, 1803. Ratified June 15, 1804 |
| 12th Amendment superseded | A portion of Article II, section 1 of the Constitution |
| 13th Amendment superseded | A portion of Article IV, section 2, of the Constitution |
| 14th Amendment | Passed by Congress June 13, 1866. Ratified July 9, 1868 |
| 14th Amendment modified | Article I, section 2, of the Constitution |
| 21st Amendment | The only amendment to repeal an earlier one (18th Amendment) |
| Authority to amend | Article V of the Constitution |
| Amendment proposal | 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 | |
| Amendment ratification | Ratified by three-fourths of the states |
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What You'll Learn
- The 13th Amendment superseded Article IV, section 2, abolishing slavery
- The 14th Amendment modified Article I, section 2, defining citizenship
- The 11th Amendment modified Article III, section 2, clarifying judicial power
- The 12th Amendment superseded Article II, section 1
- The 21st Amendment repealed the 18th, ending alcohol prohibition
The 13th Amendment superseded Article IV, section 2, abolishing slavery
The 13th Amendment to the U.S. Constitution, passed by Congress on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States. This amendment superseded Article IV, Section 2 of the Constitution, which had previously allowed for the existence of slavery.
The 13th Amendment states that "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." With this amendment, the United States constitutionally abolished slavery, ensuring that all persons held as slaves were forever free.
Prior to the 13th Amendment, President Lincoln issued the Emancipation Proclamation in 1863, declaring that all persons held as slaves in states or designated parts of states in rebellion against the United States shall be free. However, this proclamation did not end slavery nationwide as it only applied to areas of the Confederacy in rebellion and not to the "loyal" border states that remained in the Union.
Lincoln recognized that a constitutional amendment was necessary to truly abolish slavery. The 13th Amendment was passed at the end of the Civil War, before the Southern states had been restored to the Union. While the Senate passed it in April 1864, the House initially did not. Lincoln played an active role in ensuring its passage, adding it to the Republican Party platform for the 1864 Presidential election.
The 13th Amendment supersedes Article IV, Section 2, which addressed the rights and protections afforded to citizens of different states. This section, known as the "Privileges and Immunities Clause," stated that "the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." By abolishing slavery, the 13th Amendment ensured that the rights and freedoms of all citizens, regardless of race or status, were protected under the Constitution.
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The 14th Amendment modified Article I, section 2, defining citizenship
The 14th Amendment to the US Constitution, ratified on July 9, 1868, significantly modified Article I, Section 2, by providing a clear and comprehensive definition of citizenship. This amendment, which consists of several clauses, including the Citizenship Clause, addressed the shortcomings in the original Constitution regarding citizenship rights.
The Citizenship Clause, found in Section 1 of the 14th Amendment, establishes that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This clause overturned the infamous Dred Scott v. Sandford decision, which infamously declared that African Americans were not and could not become citizens of the United States, denying them the privileges and immunities of citizenship. The 14th Amendment rectified this injustice by guaranteeing citizenship to all persons born in the country, regardless of race, and protecting their fundamental rights.
However, it is important to note that the 14th Amendment's definition of citizenship excluded certain groups, such as children of foreign diplomats and members of Native American tribes. The Supreme Court clarified in Elk v. Wilkins (1884) that Native Americans born as citizens of recognised tribal nations were not automatically American citizens and that their tribes represented independent political powers with no allegiance to the United States.
The 14th Amendment's Citizenship Clause has been frequently litigated, with landmark cases such as United States v. Wong Kim Ark (1898) affirming birthright citizenship for children born to non-citizen immigrants in the United States. Additionally, the amendment's "equal protection of the laws" phrase has been central to significant cases addressing racial discrimination, reproductive rights, election recounts, and gender discrimination.
The 14th Amendment's impact on citizenship also extended beyond the legal realm, influencing societal attitudes and policies. It repudiated the American Colonization Society's repatriation of free people of colour and emancipated slaves to Africa, reflecting the amendment's egalitarian principles. The amendment's framers aimed to safeguard the rights of former slaves and prevent southern states from disenfranchising African Americans while leveraging their presence for greater congressional representation.
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The 11th Amendment modified Article III, section 2, clarifying judicial power
The Eleventh Amendment to the United States Constitution, which was passed by Congress on March 4, 1794, and ratified on February 7, 1795, modified Article III, Section 2 of the original Constitution. This amendment clarified the judicial power of the United States, stating that federal courts could not hear cases or suits in law or equity brought against a state by citizens of another state or foreign state.
This clarification was made in response to the Supreme Court's ruling in Chisholm v. Georgia (1793), where it was decided that federal courts had the authority to hear such cases and that states did not have sovereign immunity from suits made by citizens of other states in federal court. The Eleventh Amendment was the first Constitutional amendment adopted after the Bill of Rights, which comprises the first ten amendments.
Article III, Section 2 of the original Constitution, also known as the Diversity Jurisdiction Clause, grants federal courts jurisdiction over cases "between a state and citizens of another state." The Eleventh Amendment clarified that this jurisdiction does not extend to suits brought against a state by citizens of another state or foreign state.
The process of amending the Constitution is outlined in Article V, which requires that amendments be proposed by Congress and ratified by three-fourths of the states or state ratifying conventions. The Eleventh Amendment was passed by Congress and ratified by the requisite number of states, demonstrating the importance of the clarification of judicial power regarding cases involving state sovereignty.
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The 12th Amendment superseded Article II, section 1
The US Constitution has been amended 27 times, with the first 10 amendments forming what is known as the Bill of Rights. The 12th Amendment, passed by Congress on December 9, 1803, and ratified on June 15, 1804, superseded Article II, section 1, of the Constitution, which outlined the original procedure for the Electoral College.
The 12th Amendment changed the way the president and vice president were elected. Initially, under Article II, each elector cast two electoral votes, with no distinction between votes for president and vice president. The person with the most votes was elected president, and the person with the second-most votes became vice president. This system allowed electors to vote for two candidates from their home state, a strategy known as voting for "favorite sons".
The 12th Amendment introduced a key change by requiring electors to cast distinct votes for president and vice president. This amendment also prohibited electors from casting both their presidential votes for candidates from their own state. As a result, presidential candidates typically choose a running mate from a different state to avoid losing votes from their shared home-state electors. This amendment aimed to prevent deadlocks and ensure a clear leader for the nation.
The 12th Amendment also provided procedures for situations where the House of Representatives failed to choose a president before the start of the presidential term. In such cases, the vice president-elect would act as president until the House made a decision. However, the 20th Amendment, adopted in 1933, superseded this provision by changing the date of the presidential term start to January 20 and allowing Congress to determine who would act as president if there was no president-elect.
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The 21st Amendment repealed the 18th, ending alcohol prohibition
The Eighteenth Amendment to the United States Constitution, ratified in 1919, mandated a nationwide prohibition on alcohol. The Twenty-first Amendment, which repealed the Eighteenth Amendment, was proposed by the 72nd Congress on February 20, 1933, and ratified by the requisite number of states on December 5, 1933.
The Eighteenth Amendment was the result of years of advocacy by the temperance movement. However, Prohibition, as it came to be known, proved to be highly unpopular. Despite the amendment, many Americans continued to drink, fueling the rise of organised crime and a profitable black market for alcohol. As a result, drinking generally increased, respect for the law was lessened, and crime rose to unprecedented levels. A political movement for the repeal of the Eighteenth Amendment grew, and although it was complicated by grassroots politics, the Twenty-first Amendment was eventually ratified, ending Prohibition and leaving the regulation of alcohol to state governments.
Section 1 of the Twenty-first Amendment expressly repeals the Eighteenth Amendment. Section 2 bans the importation of alcohol into states and territories that have laws prohibiting the importation or consumption of alcohol. Several states continued to be "dry states" in the years after the repeal, and some still closely regulate alcohol distribution today.
The Twenty-first Amendment is unique among the 27 amendments to the U.S. Constitution as it is the only one to repeal a prior amendment. It is also the only amendment to have been ratified by state ratifying conventions.
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Frequently asked questions
The 11th Amendment modified Article III, section 2, of the US Constitution. It states that the judicial power of the United States shall not extend to any suit in law or equity 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.
The 13th Amendment superseded a portion of Article IV, section 2, of the Constitution. It abolished slavery and prohibited involuntary servitude, except as punishment for crimes.
The 21st Amendment repealed the 18th Amendment, which had established the prohibition of alcohol.
