Simone Lawson
Since 1789, there have been approximately 11,848 proposals to amend the Constitution of the United States. Of these, 33 amendments have been proposed by the United States Congress and sent to the states for ratification. 27 of these amendments have been ratified by the requisite number of states and are now part of the Constitution. However, no amendment ratified before 1808 could affect slavery or taxes, and no amendment may affect a state's equal suffrage in the Senate.
| Characteristics | Values |
|---|---|
| Number of amendments expressly forbidden | 2 |
| Names of the amendments | Corwin Amendment, Child Labor Amendment |
| Years of proposal | 1861, 1924 |
| Number of amendments proposed since 1789 | ~11,848 |
| Number of amendments proposed by Congress and sent to states for ratification | 33 |
| Number of amendments ratified and part of the Constitution | 27 |
| Number of amendments not ratified by the required number of states | 6 |
| Number of amendments pending | 4 |
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What You'll Learn
The Corwin Amendment (1861)
The Corwin Amendment, also known as the Crittenden Amendment, was proposed by Ohio Representative Thomas Corwin on February 28, 1861, as a way to protect slavery from federal power. It was designed to prevent Congress from interfering with slavery in any state. The amendment was approved by Congress on March 2, 1861, but it failed to be ratified by the required number of state legislatures.
The Corwin Amendment was introduced during a tumultuous period in American history, just before the outbreak of the American Civil War. Following the 1860 presidential election, several Southern states seceded from the Union, eventually forming the Confederate States of America. The amendment was an attempt to prevent further secession and preserve the Union. It was endorsed by outgoing President James Buchanan, who was still in office until Abraham Lincoln's inauguration in March 1861.
The amendment, officially designated as House (Joint) Resolution No. 80, passed the House of Representatives with a vote of 133 to 65, barely surpassing the required two-thirds threshold. It then moved to the Senate, where it faced a more contentious debate. Despite opposition, the amendment ultimately passed in the Senate with exactly the needed two-thirds majority of 24-12.
However, the Corwin Amendment was never ratified as part of the Constitution. Only a handful of Northern states and Kentucky ratified it, while eleven Southern states seceded from the Union before it could be ratified in their legislatures. The amendment's goal of preventing civil war and preserving the Union was ultimately unsuccessful. The actual Thirteenth Amendment, which prohibited slavery, was ratified in 1865 after the end of the war.
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The Child Labour Amendment (1924)
The Child Labour Amendment, also known as the CLA, was first proposed in 1922 and approved by both houses of Congress on 2nd June 1924. The amendment sought to empower Congress to regulate "child labour", specifically targeting "persons under eighteen years of age". The proposal emerged following Supreme Court rulings in 1918 and 1922, which deemed federal laws regulating and taxing goods produced by employees under the ages of 14 and 16 as unconstitutional.
The Child Labour Amendment was intended to address the issue of child labour in the United States by granting Congress the authority to oversee and control the employment of minors. Despite gaining approval from both houses of Congress, the amendment faced strong opposition from various groups, including those who had previously opposed women's suffrage. The debate surrounding the amendment centred on concerns about the balance of power between the federal government, local governments, and families. Advocates argued that the state had a responsibility to nurture children as future citizens, while opponents asserted that the amendment would give Congress undue influence over family decisions.
By 1924, five states had adopted the amendment, but it failed to secure the necessary ratification by three-fourths of the states, as required by Article V of the Constitution. Only 28 of the required 36 states ratified the amendment before the Fair Labor Standards Act of 1938 transferred control over child labour to the Department of Labor, rendering the amendment moot. Despite this, the majority of state legislatures ratified the amendment by the mid-1930s, and interest in the amendment was revived in recent years, with several states reconsidering their positions.
Supporters of the Child Labour Amendment, such as legal scholars and columnists, argue that its ratification would strengthen existing federal child labour protections, especially in light of some states' recent relaxation of their child labour laws. In 2024, the New Hampshire House of Representatives reaffirmed its support for the amendment, and the Connecticut House of Representatives passed a resolution to ratify it. Additionally, the Hawaii Senate passed a concurrent resolution to ratify the amendment in 2021 and 2022, although it stalled in the state's House of Representatives.
As of 2024, the Child Labour Amendment remains a proposed and still-pending amendment to the United States Constitution. With 50 states in the Union, the amendment requires ratification by an additional 10 state legislatures to reach the necessary threshold of 38 approvals. The ongoing efforts by states to reconsider and ratify the amendment highlight its enduring relevance and the continued push for stronger protections against child labour in the United States.
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No amendments before 1808 could affect slavery
The Corwin Amendment (1861) and the Child Labor Amendment (1924) are the two amendments expressly forbidden by the US Constitution. The Corwin Amendment, also known as the Crittenden Amendment, aimed to protect slavery by making it unconstitutional for any future amendment to abolish or interfere with slavery. However, it was never ratified by the required number of states. On the other hand, the Child Labor Amendment, which proposed to ban child labor, also failed to gain enough state support for ratification.
The US Constitution and its amendments have a complex history with slavery. While the Constitution initially made sparse mentions of slavery, the Thirteenth Amendment, ratified on December 6, 1865, marked a pivotal moment in the nation's history by abolishing chattel slavery. This amendment, the first of the three Reconstruction Amendments, explicitly stated: "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."
The road to abolishing slavery was long and arduous, with several key moments leading up to the Thirteenth Amendment. Thomas Jefferson, as early as 1787, sought to prohibit slavery in general after 1800. The Northwest Ordinance of 1787, which he helped author, included an anti-slavery clause. However, it's important to note that Jefferson's views on slavery were complex and influenced by the works of Italian criminologist Cesare Beccaria, who suggested that slave labor could be justified as punishment for certain crimes.
The issue of slavery became increasingly contentious as the country expanded, with the North and South adopting starkly different approaches. The American Colonization Society, an alliance of abolitionists and slaveholders, advocated for the emigration of free blacks and slaves to Africa. Meanwhile, figures like William Lloyd Garrison, Theodore Dwight Weld, and Angelina Grimké led a growing abolitionist movement in the North, demanding an immediate end to slavery nationwide.
Despite these efforts, slavery remained a legal institution in several states, including Delaware, Maryland, Kentucky, Missouri, and parts of Virginia, until the end of the Civil War. President Lincoln's assassination just days after the war's conclusion delayed the ratification of the Thirteenth Amendment. It was ultimately Andrew Johnson, the seventeenth president, who oversaw the amendment's final ratification and its integration into the Constitution.
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No amendments may affect taxes
The Constitution of the United States expressly forbids two amendments from becoming official: the Corwin Amendment (1861) and the Child Labor Amendment (1924).
The Corwin Amendment, also known as the Crittenden Amendment, aimed to protect slavery by making it unconstitutional for any future amendment to abolish or interfere with the practice. The Child Labor Amendment, on the other hand, sought to ban child labour in the United States. Despite being proposed, neither amendment was ratified by the required number of states and, therefore, did not become part of the Constitution.
One source mentions that no amendment ratified before 1808 could affect taxes, and no amendment may affect a state's equal suffrage in the Senate. This suggests that any amendments affecting taxes were expressly forbidden before 1808.
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Amendments can't affect a state's equal suffrage in the Senate
The Corwin Amendment (1861) and the Child Labor Amendment (1924) are the two amendments to the US Constitution that are expressly forbidden. The Corwin Amendment, also known as the Crittenden Amendment, aimed to protect slavery by making it unconstitutional for any future amendment to abolish or interfere with it. However, it was never ratified by the required number of states. Similarly, the Child Labor Amendment, which was proposed to ban child labor, was also not ratified by enough states.
The Seventeenth Amendment (Amendment XVII) to the United States Constitution, ratified in 1913, established the direct election of United States senators in each state. This amendment modified Article I, Section 3 of the Constitution, which originally provided for the election of senators by state legislatures. Each state, regardless of size, is entitled to equal representation with two senators serving six-year terms.
Prior to the Seventeenth Amendment, senators were chosen by their state legislatures, and this often led to deadlocks and long-lasting Senate vacancies. The amendment supersedes the original procedure and allows voters to cast direct votes for senators, with each senator having one vote. It also alters the procedure for filling vacancies, allowing governors or executive authorities of each state to make temporary appointments until a general election occurs.
The Seventeenth Amendment had a significant impact on the political composition of the Senate. With direct elections, each vote is represented equally, and the issue of malapportionment of state legislatures is addressed. This amendment ensures that the Senate reflects the will of the people in each state, strengthening democratic principles in the legislative process.
In conclusion, the Seventeenth Amendment to the US Constitution ensures that amendments cannot affect a state's equal suffrage in the Senate by guaranteeing the direct election of senators and preserving the principle of equal representation for each state.
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Frequently asked questions
The Corwin Amendment (1861) and the Child Labor Amendment (1924).
An amendment must be ratified by a certain number of states to become part of the Constitution. The Corwin Amendment, aimed at protecting slavery, and the Child Labor Amendment, proposed to ban child labour, were not ratified by enough states.
Around 11,848 proposals to amend the Constitution have been introduced in Congress since 1789. Thirty-three amendments have been proposed by the US Congress and sent to the states for ratification. Twenty-seven of these have been ratified and are part of the Constitution.
An amendment may be proposed by the US Congress or a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
