Omar Bennett
While the US Constitution has 27 amendments, some are considered more ground-breaking and courageous than others. The 13th Amendment, which abolished slavery, is a notable example of a positive amendment. On the other hand, some amendments have been criticised as unnecessary or detrimental. For instance, the 17th Amendment, which changed the way senators are elected, has been criticised for shifting power from the states to the federal government. The 2nd Amendment, which protects the right to bear arms, is also controversial, with some arguing that it is misunderstood and leads to unnecessary gun violence. Other amendments, like the 20th, which changed the dates of presidential term beginnings and endings, have been criticised as unnecessary and better suited to a memo than an amendment.
| Characteristics | Values |
|---|---|
| Worst Amendment | 17th Amendment |
| Reason | It changed the power structure of the country |
| Direct election of senators | |
| Runner-up | 27th Amendment |
| Reason | It would only affect 535 people if it was repealed |
Explore related products
$9.99 $9.99
What You'll Learn
The 17th Amendment: direct election of senators
The 17th Amendment to the US Constitution, which was ratified on April 8, 1913, is considered by some to be the worst amendment. This amendment, also known as the "Direct Election of Senators", changed the way that senators were elected, giving that power directly to the voting public during elections rather than state legislatures.
The original system, as outlined in Article I, Section 3 of the Constitution, provided for the election of senators by state legislatures. However, this led to issues such as bribery and corruption, with wealthier and more influential candidates bribing legislatures to appoint them. There were also instances of electoral deadlock, where state legislatures failed to agree on the selection of senators, leaving some Senate seats vacant for extended periods.
In response to these issues, there were increasing calls for reform and direct election of senators in the late 19th and early 20th centuries. The Populist Party's Omaha Platform in 1892 explicitly called for direct election, and Oregon became the first state to conduct senatorial elections by popular vote in 1908. In 1911, Senator Joseph Bristow of Kansas proposed a Senate resolution to amend the Constitution, and it soon gained support from other senators. On April 8, 1913, the Seventeenth Amendment was ratified, marking a significant shift in the way senators were chosen.
Critics of the 17th Amendment argue that it represented a substantial shift in the power structure of the country and altered the way the government operated, with power flowing from the states to the federal government. However, supporters of direct election maintain that it addresses issues of corruption and deadlock and allows senators to make decisions based on the demands of their constituents rather than special interests tied to state legislatures.
Who Ratifies Formal Amendments to the Constitution?
You may want to see also
The 2nd Amendment: the right to bear arms
The Second Amendment to the US Constitution, which protects the right to bear arms, is considered by some to be the worst amendment. The full text of the amendment is: "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 Second Amendment has been the subject of intense debate and legal challenges, with some arguing that it protects an individual's right to own guns for self-defense and recreational purposes, while others contend that it only applies to state militias. The Supreme Court has issued conflicting rulings on the matter, contributing to an unsettled and inconsistent body of Second Amendment jurisprudence.
The amendment has made it challenging for federal, state, and local governments to implement gun control measures. Universal background checks, bans on certain types of weapons, magazine limits, and age restrictions for gun ownership have been opposed by gun rights advocates and organizations like the National Rifle Association (NRA). The NRA has successfully lobbied against gun control legislation and influenced members of Congress through campaign contributions and grassroots activism.
The United States stands out among other nations with its high rate of gun ownership and relatively lax gun laws. Countries like Japan, Australia, the United Kingdom, Germany, and Canada have strict gun control regulations, including training requirements, assault rifle prohibitions, and comprehensive background checks. As a result, they experience far fewer gun-related deaths than the United States.
Critics of the Second Amendment argue that it prioritizes gun ownership over public safety and enables a culture of gun violence. They contend that the amendment is outdated and was created during a time when concerns about state militias and a standing army were more prevalent. Proponents of the Second Amendment, however, believe that it protects citizens from tyranny and oppression, ensuring their liberty and security.
Amendments that Empowered: Expanding the Electorate
You may want to see also
The 12th Amendment: tweaks to the electoral college
The Twelfth Amendment, proposed by Congress on December 9, 1803, and ratified on June 15, 1804, made several adjustments to the Electoral College system. The Electoral College, established in 1787, was the mechanism by which electors voted for two persons, one of whom had to be from outside the elector's home state. The person with the most votes became president, and the runner-up became vice president.
The Twelfth Amendment mandated that electors cast distinct votes for the president and vice president. It also required that one of the selected candidates be someone who is not from the same state as the elector. This amendment aimed to prevent a tie between the presidential and vice-presidential candidates, as had happened in the 1796 and 1800 elections, resulting in political opponents serving together.
In the 1796 election, Federalist John Adams became president, with Thomas Jefferson, an Anti-Federalist, as his vice president. In 1800, Jefferson and Aaron Burr, both Anti-Federalists, tied in the Electoral College, leading to a contingent election in the House of Representatives. This crisis spurred legislators to propose the Twelfth Amendment, ensuring that such a situation would not recur.
The Twelfth Amendment also altered the procedure for resolving ties or a lack of majority votes. Previously, the House would choose the president from the top five candidates, and the person in second place would become vice president unless there was a tie for second, in which the Senate would decide. The amendment stipulated that the House would choose the president from the top three candidates, and the Senate would select the vice president from the top two candidates for that office. This guaranteed that there would always be a vice president to assume presidential duties if needed.
Despite these tweaks to the Electoral College, some critics argue that the 12th Amendment falls short of addressing the core issues within the Electoral College system itself.
Amending the Constitution: A Dangerous Game
You may want to see also
Explore related products
The 20th Amendment: changes to terms start and end dates
The 20th Amendment, which was passed by Congress on March 2, 1932, and ratified on January 23, 1933, made changes to the start and end dates of the four-year terms of the president, vice president, senators, and representatives.
Prior to the 20th Amendment, the original text of the Constitution set a duration for the terms of federal elected officials but did not specify the dates on which those terms would begin or end. The default date for Congress to meet was set as the first Monday in December, and the date for "commencing proceedings" was set as March 4, 1789.
The 20th Amendment established that the terms of the president and vice president shall end at noon on January 20, and the terms of senators and representatives shall end at noon on January 3 of every odd-numbered year. The amendment also moved the yearly start date of congressional sessions to January 3, unless another date is appointed by law.
The change in dates reduced the presidential transition and the "lame duck" period, during which members of Congress and the president serve the remainder of their terms after an election. It also established that congressional terms would begin before presidential terms, and that the incoming Congress would hold a contingent election in the event of an Electoral College deadlock.
While some may argue that this change was significant enough to warrant an amendment, others may question its necessity, suggesting that a simple memo could have sufficed.
The Citizenship Rights of the Formerly Enslaved
You may want to see also
The 10th Amendment: federal government powers
The Tenth Amendment to the U.S. Constitution, ratified in 1791, is a brief yet significant amendment concerning the power dynamics between the federal and state governments. It asserts that any powers not explicitly granted to the federal government by the Constitution are reserved for the states or the people. This amendment acts as a check on the power of the federal government, ensuring that its authority is confined to the powers listed in the Constitution.
The Tenth Amendment's language implies that the powers delegated to the federal government in the Constitution are exhaustive, and any powers not mentioned are retained by the states. This interpretation reinforces state sovereignty and balances the federal government's vast powers. The amendment's text states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
While the Tenth Amendment provides a theoretical limit on federal power, critics argue that it may not be sufficient in practice, given the diverse nature of modern states. Additionally, some have suggested that the amendment contributes to a complex power dynamic between the federal and state governments, making governance more challenging.
The Tenth Amendment is often contrasted with other amendments, such as the Seventeenth Amendment, which has been criticised for shifting power away from state governments towards the federal government. Despite this criticism, the Tenth Amendment remains an essential component of the U.S. Constitution, shaping the relationship between federal and state authorities.
It is worth noting that, while some may disagree with specific amendments, the Second Amendment has been highlighted as particularly controversial, with passionate debates surrounding gun control and the interpretation of the right to bear arms.
The Second Amendment: Right to Bear Arms
You may want to see also
Frequently asked questions
Some people believe that the Seventeenth Amendment is the worst as it completely changed the power structure of the country and the way the government operated.
The Twelfth, Twentieth, Tenth, Second, and Twenty-Seventh Amendments are also considered to be among the worst amendments to the US Constitution by some people.
The First, Third, Fourth, Fifth, Sixth, Eighth, Ninth, and Thirteenth Amendments are considered to be among the best amendments to the US Constitution.
