Malcolm Rivera
The US Constitution has 27 amendments, the first 10 of which are known as the Bill of Rights. These amendments were ratified on December 15, 1791, and form what is known as the Bill of Rights. Since the early 20th century, Congress has occasionally stipulated that an amendment must be ratified by a certain number of states within seven years to become part of the Constitution. There have been approximately 11,848 proposals to amend the Constitution since 1789, with members of the House and Senate typically proposing around 200 amendments during each two-year term of Congress.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| Number of proposals to amend the US Constitution since 1789 | ~11,848 |
| Number of amendments proposed by Congress and sent to states for ratification | 33 |
| Number of ratified amendments | 27 |
| Number of unratified amendments | 6 |
| Status of unratified amendments | 4 pending, 1 failed by its own terms, 1 failed by the terms of the resolution proposing it |
| First 10 amendments | Ratified December 15, 1791 |
| First Amendment | 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 |
| 17th Amendment | Modified Article I, Section 3, of the Constitution |
| 18th Amendment | Prohibited the transportation or importation of intoxicating liquors |
| 22nd Amendment | Limits the president to two terms |
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What You'll Learn
The First Amendment
The text of the First Amendment is 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."
The Supreme Court has applied the First Amendment to states through a process known as incorporation, using the Due Process Clause of the Fourteenth Amendment. This has led to a series of court decisions that expanded speech rights and defined exceptions to First Amendment protections. For example, commercial speech is less protected than political speech and is subject to greater regulation. The First Amendment also protects against pre-publication censorship and implicitly protects freedom of association.
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Freedom of speech
The First Amendment to the US Constitution, part of the Bill of Rights, was ratified on December 15, 1791, and it protects freedom of speech. The First Amendment states that "Congress shall make no law...abridging the freedom of speech".
The freedom of speech is a cherished value that is often interpreted by the US Supreme Court. While the First Amendment protects the freedom of speech, the Court has struggled to determine what exactly constitutes protected speech. The Court has ruled on several cases that involve symbolic speech, such as burning the flag in protest, or wearing black armbands to school to protest a war. These actions are considered symbolic speech and are protected by the First Amendment.
The First Amendment also protects the right to not speak, such as in the case of students saluting the flag. In addition, it protects the right to use certain offensive words and phrases to convey political messages. However, there are limitations to freedom of speech. For example, inciting imminent lawless action, making or distributing obscene materials, and advocating illegal drug use are not protected by the First Amendment.
The interpretation of the First Amendment and its protection of freedom of speech is an ongoing process, as the US Supreme Court continues to rule on cases that involve the boundaries of this right. The First Amendment ensures that individuals have the right to express themselves freely, whether through words or actions, as long as they do not infringe on the rights of others or break the law.
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Right to bear arms
The Second Amendment of the United States Constitution states:
> "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."
The right to keep and bear arms has been a topic of considerable debate, with some arguing that the amendment grants citizens an individual constitutional right to possess firearms. This interpretation, known as the "individual right theory," suggests that legislative bodies are restricted from prohibiting firearm possession. On the other hand, some scholars argue that the amendment was intended only to restrict Congress from legislating away a state's right to self-defence and the maintenance of a well-regulated militia. This interpretation is known as the "collective rights theory," asserting that citizens do not have an individual right to possess guns and that legislative bodies have the authority to regulate firearms without violating a constitutional right.
The historical context of the right to bear arms is important to consider. The right did not originate in the Bill of Rights in 1791 but was inherited from English common law and colonial traditions, tracing its origins back to the Assize of Arms of 1181 during the reign of Henry II. The philosophical and political writings of Aristotle, Cicero, John Locke, Machiavelli, and others also describe the right of the people to have their own arms for defence.
The Supreme Court has ruled on the Second Amendment in several cases. In United States v. Cruikshank (1876) and Presser v. Illinois (1886), the Court recognised that the Second Amendment protected the right from Congressional infringement. In United States v. Miller (1939), the Court adopted a collective rights approach, determining that Congress could regulate certain firearms under the National Firearms Act of 1934. More recently, in District of Columbia v. Heller (2008), the Court ruled that the amendment protects an individual right to "keep and carry arms in case of confrontation," regardless of service in a militia.
The Second Amendment continues to be a highly debated topic in the United States, with ongoing discussions about the scope and interpretation of the right to bear arms.
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Prohibition
The Eighteenth Amendment to the United States Constitution, also known as "The Beginning of Prohibition", was ratified on January 16, 1919, and established the prohibition of alcohol in the country. The amendment was proposed by Congress on December 18, 1917, and ratified by 36 states on January 16, 1919, with Nebraska being the thirty-sixth state to approve it.
The amendment banned the manufacture, sale, distribution, and transportation of intoxicating liquors within, to, or from the United States and its territories for beverage purposes. However, it did not explicitly prohibit the consumption, possession, or production of alcohol for private and personal use. The official text of the amendment reads:
> After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
The Eighteenth Amendment was the result of decades of efforts by the temperance movement, which believed that banning the sale of alcohol would reduce poverty and other societal issues. While there was an initial reduction in alcohol consumption, particularly among low-income groups, the amendment ultimately failed to prevent the mass distribution of alcoholic beverages. It also inadvertently led to a rise in organised crime, with criminal organisations increasing their involvement in illegal alcohol production and distribution. One notable example is Al Capone, who made millions of dollars from underground alcohol sales during his seven-year reign over the Chicago Outfit.
Due to the negative consequences and changing public perception of the amendment, it was eventually repealed and overridden by the Twenty-first Amendment on December 5, 1933, marking the end of the Prohibition Era. Mississippi was the last state to lift all its Prohibition-era laws in 1966, while Kansas lifted its ban on public bars in 1987.
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Presidential term limits
The Twenty-second Amendment (Amendment XXII) to the United States Constitution, also known as "Term Limits for the Presidency", was ratified on February 27, 1951. This amendment was a response to Franklin D. Roosevelt's election to an unprecedented four terms as president, serving from 1932 to 1944. Roosevelt's decision to seek a third and fourth term dominated the respective election campaigns, with his Republican opponents, Wendell Willkie and Thomas E. Dewey, running on a platform of opposing open-ended presidential tenure.
The Twenty-second Amendment limits the number of times a person can be elected to the office of President of the United States to twice and sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors. The official text of the amendment is as follows:
> "No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once."
The amendment was a culmination of a long-standing debate in American politics regarding presidential term limits. The idea of term limits for elected officials dates back to the first debates surrounding the Constitution's ratification. While some, like Alexander Hamilton and James Madison, supported lifetime tenure for presidents, others, like Virginia's George Mason, argued that this would lead to an "elective monarchy".
The Twenty-second Amendment was approved by Congress on March 21, 1947, and submitted to the states for ratification. By February 27, 1951, the requisite 36 of the 48 states had ratified the amendment, and its provisions came into force. This amendment set a precedent for future presidents, with only three of the next four presidents—Madison, James Monroe, and Andrew Jackson—serving two terms each, adhering to the two-term principle.
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Frequently asked questions
There have been 27 amendments to the US Constitution, with six unratified amendments. Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.
The First Amendment is one of the most well-known and significant amendments to the US Constitution. It guarantees freedom of religion, speech, and the press, as well as the right to assemble and petition the government.
The process of amending the US Constitution is outlined in Article Five of the US Constitution. An amendment may be proposed by a two-thirds majority in both the Senate and the House of Representatives or by a national convention called by Congress on the application of two-thirds of state legislatures. Once an amendment is proposed, it must be ratified by the requisite number of states to become part of the Constitution.
