Eleanor Finch
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text, or appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document. Amendments to the United States Constitution, for example, must be ratified by three-fourths of the states (38 since 1959) by either the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The United States Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were adopted in 1791. Amendments to the Constitution have covered a range of issues, including the prohibition of alcohol (18th Amendment), the direct election of senators (17th Amendment), and the right of citizens to vote regardless of sex (19th Amendment).
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| First 10 amendments | Ratified in 1791 and known as the Bill of Rights |
| Example of an amendment | The 21st Amendment repealed the 18th Amendment, which established the prohibition of alcohol |
| Example of a failed amendment | The ERA Amendment |
| Example of a proposed amendment | Outlawing flag burning |
| Minimum number of states required to ratify an amendment | 38 (three-fourths) |
| Country with a simple majority requirement for amendments | Ireland |
| Country with a complex set of criteria for amendments | Australia |
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What You'll Learn
Ratification
To become part of the Constitution, an amendment must be ratified by three-fourths of the state legislatures, or through state ratifying conventions in three-fourths of the states. This means that out of the 50 states, 38 states must agree for an amendment to be ratified. The Twenty-first Amendment, ratified in 1933, is the only amendment to be adopted through state ratifying conventions. This amendment repealed the Eighteenth Amendment, which had established the prohibition of alcohol.
The process of ratification can be influenced by factors such as political pressure and public sentiment. For instance, the movement to amend the Constitution to allow for the direct election of senators led to the Seventeenth Amendment. As more state legislatures passed resolutions demanding a convention, the Senate ultimately approved the amendment to avoid a convention that might stray into other issues. This demonstrates how state legislatures can exert pressure on Congress to propose desired amendments.
The ratification process also involves deadlines. Congress has stipulated that amendments must be ratified within seven years of being submitted to the states, as affirmed by the Supreme Court in Coleman v. Miller (1939). Without this deadline, proposals could remain pending indefinitely. The Twenty-Sixth Amendment, ratified in 1971, lowered the voting age to 18 across the United States.
The amendment process is deliberately designed to be challenging and time-consuming. It requires a two-thirds majority in both houses of Congress, followed by ratification by three-fourths of the state legislatures. This ensures that any changes to the Constitution are thoroughly considered and reflect the interests of a substantial majority of Americans.
Amendments Shaping Policing: The US Constitution's Direct Impact
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Prohibition
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions, changing the frame of government without altering the existing text of the document. Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. For example, supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of two or more different special procedures.
In the United States, the Eighteenth Amendment to the Constitution, ratified in 1919, prohibited the manufacture, sale, and transportation of intoxicating liquors for beverage purposes. The amendment was the result of decades of efforts by the temperance movement, which attributed societal problems to alcohol and led campaigns at the local, state, and national levels to combat its manufacture, sale, distribution, and consumption. The Eighteenth Amendment was also influenced by religious coalitions that linked alcohol to immorality, criminality, and, with the advent of World War I, unpatriotic citizenship.
The amendment did not ban the consumption of alcohol outright but made it illegal to sell, manufacture, or distribute alcoholic beverages in the United States. Those caught selling, manufacturing, or distributing alcohol would be subject to arrest. The Eighteenth Amendment was the first amendment to include a provision setting a deadline for its ratification, and it was ratified by the requisite number of states on January 16, 1919. By 1922, 46 states had ratified the amendment.
However, the act was largely unsuccessful, as it was unable to prevent the mass distribution of alcoholic beverages and inadvertently caused a massive increase in organized crime. The act also defined the terms and enforcement methods of Prohibition until the ratification of the Twenty-first Amendment repealed it in 1933. The Eighteenth Amendment was the only constitutional amendment in American history to be repealed.
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Voting rights
The 19th Amendment, ratified in 1920, addressed gender inequality in voting rights by granting women the right to vote. This was a crucial step towards gender equality and ensured that all citizens, regardless of gender, had a voice in elections.
The 24th Amendment, ratified in 1964, further protected voting rights by eliminating poll taxes, which had been used to disenfranchise African Americans and low-income individuals. The Voting Rights Act of 1965 also played a significant role in eliminating discrimination in federal, state, and local elections.
The 26th Amendment, ratified in 1971, lowered the voting age to 18 for all elections, empowering younger citizens to participate in the democratic process. Additionally, federal laws such as the Civil Rights Acts and the Voting Accessibility for the Elderly and Handicapped Act of 1984 have provided further protections against discrimination in voting and ensured accessibility for people with disabilities.
Amendments to the Constitution regarding voting rights have been instrumental in expanding and protecting the voting rights of various groups, including racial minorities, women, and young adults. These amendments have helped shape a more inclusive and representative democracy in the United States, ensuring that a wider range of voices are heard and represented in the electoral process.
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Senators' election
A constitutional amendment is a modification of a constitution that directly alters the text or is appended to it as a supplemental addition. Amendments are often passed through special procedures, such as supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both.
In the context of senators' elections, the Seventeenth Amendment to the US Constitution, ratified on April 8, 1913, stands out as a significant example. This amendment addressed the election of senators, transitioning from their selection by state legislatures to direct election by the people. The amendment restates the first paragraph of Article I, Section 3 of the Constitution, replacing the phrase "chosen by the Legislature thereof" with "elected by the people thereof."
Prior to the Seventeenth Amendment, state legislatures chose senators, which was seen as a way to give states a sense of authority and legitimacy in selecting their representatives. However, this system faced criticism, especially in the post-Civil War era, due to disputes and deadlocks that left some Senate seats vacant for extended periods. Resolutions calling for direct popular elections of senators emerged as early as 1826, but it wasn't until the early 1900s that reform gained momentum.
By 1912, 29 states had already elected US senators through their respective party primaries or general elections, and these popularly elected senators advocated for a direct election process. The amendment passed through the Senate on June 12, 1911, and subsequently moved to the House of Representatives and then to the states for ratification. Connecticut's approval on April 8, 1913, gave the amendment the required majority, and the first senator directly elected under the Seventeenth Amendment was Augustus Bacon of Georgia on July 15, 1913.
The Seventeenth Amendment had a significant impact on the legislative process. It empowered senators to make decisions based on the demands of their constituents rather than state legislatures, potentially reducing the influence of special interests. However, it has also faced legal disputes and criticism, with some arguing that state legislatures would better guarantee the state loyalty of elected leaders.
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Free speech
A constitutional amendment is a modification or alteration of the constitution of a polity, organisation, or other type of entity. Amendments are often woven into the relevant sections of an existing constitution, directly changing the text. They can also be appended to the constitution as supplemental additions, altering the government's framework without changing the existing text. Most constitutions require amendments to be enacted through a special procedure that is typically more stringent than the process for passing ordinary legislation. This can include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of different procedures.
The First Amendment to the United States Constitution, part of the Bill of Rights, was ratified on December 15, 1791, and states:
> "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 First Amendment's Free Speech Clause guarantees the right to free speech, which includes the freedom to express one's views and opinions without government interference or constraint. This right has been interpreted broadly by the Supreme Court to include various forms of expression, such as verbal statements, written works, symbolic acts, and even silent protests.
The Free Speech Clause has been central to many landmark Supreme Court cases, shaping the boundaries of this fundamental freedom. For example, in the case of Texas v. Johnson (1989), the Court ruled that burning the American flag as a form of political protest was protected under the First Amendment. Similarly, in Citizens United v. Federal Election Commission (2010), the Court held that political spending is a form of protected speech, striking down laws restricting independent political expenditures by corporations and unions.
However, it is important to note that the right to free speech is not absolute. The Supreme Court has recognised certain limitations, including restrictions on speech that presents a clear and present danger, incites imminent lawless action, or constitutes defamation or obscenity. Additionally, the Court has upheld regulations on the time, place, and manner of speech to maintain public order, such as in the case of reasonable restrictions on loud protests late at night in residential areas.
The First Amendment's protection of free speech has had a profound impact on American society, fostering a culture of open debate, a diverse marketplace of ideas, and a robust media environment. It has empowered individuals and groups to challenge government policies, engage in political discourse, and express their beliefs and opinions without fear of censorship or retribution.
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Frequently asked questions
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can directly alter the text of the constitution or be appended as supplemental additions (codicils).
Amendments to the US Constitution must be passed by two-thirds of both houses of Congress, then ratified by three-fourths of state legislatures or state ratifying conventions.
The US Constitution has been amended 27 times, with the first 10 amendments being adopted and ratified simultaneously as the Bill of Rights.
Examples of US constitutional amendments include the Seventeenth Amendment, which changed the way US senators are elected, and the Twenty-First Amendment, which repealed the Eighteenth Amendment and ended Prohibition.
Constitutional amendments address significant issues that affect all citizens or secure the rights of citizens. For example, the Twenty-Sixth Amendment lowered the voting age to 18, and the First Amendment protects freedom of religion and speech.
