Constitutional Amendments: A Historical Overview

The United States Constitution has been amended twenty-seven times since it was ratified in 1788, with the first ten amendments, known as the Bill of Rights, being passed in 1789 and ratified in 1791. The most recent amendment, the Twenty-Seventh Amendment, was ratified in 1992 and addresses Congressional pay limitations. The amendment process is outlined in Article Five of the Constitution, requiring proposals to be ratified by three-fourths of state legislatures or state ratifying conventions. While thousands of proposals have been introduced in Congress, only a small fraction have become part of the Constitution.

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The Twenty-Sixth Amendment lowered the voting age to 18

The Twenty-Sixth Amendment to the United States Constitution, ratified on July 1, 1971, lowered the minimum voting age from 21 to 18 years. The Amendment text is as follows: "The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age." This amendment addressed a long-standing domestic controversy and ensured that young Americans could exercise their right to vote.

Before the Twenty-Sixth Amendment, the authority to set the voting age rested with the states, and the typical minimum voting age was 21. However, as early as the 1940s, there were calls to lower the voting age, with Senator Harley Kilgore advocating for this change in 1941. The movement to lower the voting age gained momentum in the 1960s, fuelled by opposition to the Vietnam War and the fact that 18-year-olds could be drafted to fight in that war without having a say in federal elections. The slogan "old enough to fight, old enough to vote" encapsulated the sentiment of the time.

The Twenty-Sixth Amendment was proposed by Congress on March 23, 1971, and ratified by three-fourths of the states by July 1, 1971, making it the fastest amendment ratification in U.S. history. The Administrator of General Services, Robert Kunzig, certified its adoption on July 5, 1971. During the signing ceremony at the White House, President Nixon expressed his confidence in America's youth, stating his belief in their ability to contribute to the country's future through their votes.

Despite the amendment's success, about 17 states initially refused to lower their minimum voting ages. Opponents of extending the vote to 18-year-olds questioned the maturity and responsibility of individuals at that age. They argued that youth lacked the good judgment essential for effective citizenship. However, supporters of the amendment countered that if young people could be drafted into military service at 18, they should also have the right to vote and participate in the democratic process.

The Twenty-Second Amendment limited presidents to two terms

The Twenty-Second Amendment to the United States Constitution limits the number of times a person can be elected to the office of President to two terms. The amendment was passed on March 21, 1947, and ratified on February 27, 1951, when 36 out of 48 states had ratified it. The amendment was a response to Franklin D. Roosevelt's election to an unprecedented four terms as president, which gave rise to concerns about a president serving unlimited terms.

The Twenty-Second Amendment states that "no person shall be elected to the office of the President more than twice". It also sets additional eligibility conditions for presidents who succeed their predecessors before their term is over. For example, someone who fills an unexpired presidential term lasting more than two years is prohibited from being elected president more than once.

The debate around presidential term limits has a long history in American politics. During the Constitutional Convention of 1787, delegates considered the issue extensively, with some supporting lifetime tenure for presidents and others favoring fixed terms. The Framers ultimately approved four-year terms with no restriction on the number of terms a person could serve.

Despite the lack of formal restrictions, the first and third presidents, George Washington and Thomas Jefferson, established a two-term tradition by choosing not to run for a third term. This precedent was followed by several subsequent presidents, with only Martin Van Buren seeking a second term between Andrew Jackson and Abraham Lincoln.

In the 20th century, Roosevelt's decision to seek a third term in 1940 dominated the election campaign. His successful bid for a fourth term in 1944 further fuelled concerns about unlimited presidential terms. Roosevelt's vice president, John Nance Garner, and Postmaster General James Farley also announced their candidacies for the Democratic nomination, but Roosevelt was renominated and won the election.

The Twenty-First Amendment repealed prohibition

The Twenty-First Amendment, which was proposed by the 72nd Congress on February 20, 1933, and ratified on December 5, 1933, repealed the Eighteenth Amendment to the United States Constitution, which had established a nationwide ban on the manufacture, sale, and transportation of alcohol. The Eighteenth Amendment, ratified on January 16, 1919, was the result of years of advocacy by the temperance movement. However, Prohibition gave rise to a profitable black market for alcohol, fueling the rise of organized crime. By the 1930s, overall public sentiment toward prohibition had flipped from positive to negative, and Congress was compelled to act.

The Twenty-First Amendment is unique in two ways. Firstly, it is the only amendment that has repealed a previous amendment. Secondly, it is the only amendment that was ratified by state ratifying conventions, as opposed to the more common method of state legislatures. This was done because, although prohibition of alcohol had lost a great deal of popular support by the early 1930s, the political power of the temperance lobby remained intact in many states.

While the Twenty-First Amendment repealed Prohibition, it did not restore the status quo ante. Section 2 of the amendment has been interpreted as giving states broad authority over the regulation of alcoholic beverages, and limiting the power of the national government to intrude upon state alcohol beverage control policies. States have, in turn, delegated authority to counties and localities, resulting in variation across the country in the availability of alcoholic beverages, their prices, and the terms and conditions under which they can be obtained.

In the decades since the Twenty-First Amendment, a series of Supreme Court decisions have been argued and ruled over, specifically regarding Section 2. Certain states have argued in favor of their implied authority to regulate the transportation of certain types of alcoholic beverages.

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The First Amendment protects freedom of speech and religion

The First Amendment to the US Constitution, which is part of the Bill of Rights, was passed by Congress on September 25, 1789, and ratified on December 15, 1791. The First Amendment protects several fundamental freedoms, including freedom of speech and religion.

The text of the First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". This means that the government cannot establish an official religion or prevent people from practising their chosen religion. The amendment also prohibits the government from favouring one religion over another or from discriminating against a particular religious group.

In addition to protecting religious freedom, the First Amendment also guarantees the freedom of speech. The amendment states that "Congress shall make no law... abridging the freedom of speech". This means that individuals are free to express their ideas and opinions without fear of government censorship or retaliation. Freedom of speech is a fundamental aspect of a democratic society, as it allows for open debate, the free exchange of ideas, and the ability to hold the government accountable.

While the First Amendment provides strong protections for freedom of speech and religion, it is important to note that these freedoms are not absolute. There are certain types of speech that are not protected by the First Amendment, such as speech that incites violence, defamation, or true threats. Additionally, the government may impose some restrictions on the time, place, and manner of speech in order to protect public safety and order.

The First Amendment's protection of religious freedom and freedom of speech has been instrumental in shaping the United States into a nation that values individual liberty and diversity of thought and belief. These freedoms have been central to many important social and political movements throughout US history and continue to be a cornerstone of American democracy.

The Twenty-Seventh Amendment controls Congressional pay changes

The Twenty-seventh Amendment, or the Congressional Compensation Act of 1789, controls Congressional pay changes by stating that any law that increases or decreases the salary of members of Congress can only take effect after the next election of the House of Representatives. This amendment was proposed to reduce corruption in the legislative branch by preventing Congress members from being paid more before being voted out of office. It also allows the public to remove members of Congress before their salaries increase.

The Twenty-seventh Amendment has a unique history, with one of the longest timespans between its proposal and ratification. It was first proposed in 1789 by Representative James Madison of Virginia, along with eleven other amendments, ten of which were ratified in 1791 to become the Bill of Rights. The Twenty-seventh Amendment, however, was not ratified by enough states at the time and was largely forgotten until 1982. In that year, Gregory Watson, a 19-year-old student at the University of Texas at Austin, wrote a paper arguing that the amendment was still relevant and could be added to the Constitution. Unsatisfied with the "C" grade he received, Watson launched a letter-writing campaign to state legislatures, gaining traction in 1983 and 1984 with Maine and Colorado becoming the first new states to ratify the amendment.

The amendment finally gained widespread support, and on May 7, 1992, Michigan became the thirty-eighth state to ratify it, two hundred years after its creation. On May 18, 1992, the Archivist of the United States, Don W. Wilson, certified that the amendment had been ratified by enough states. On May 20, 1992, Congress passed a concurrent resolution agreeing that the amendment was validly ratified, with the Senate voting unanimously and the House voting 414 to 3 in favor. Thus, the Twenty-seventh Amendment became the most recent addition to the Constitution, addressing the issue of Congressional pay changes and ensuring that any increases or decreases in compensation for members of Congress would only take effect after the next election.

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