The Apex Of Failed Amendments: What Went Wrong?

Since the US Constitution was ratified in 1789, there have been over 11,000 attempts to alter it, with only 27 amendments successfully being made. One of the most famous amendments is the First Amendment, which states that Congress cannot pass any law that encroaches on an American's freedom of religion, speech, press, assembly, and petition. The process of amending the Constitution was designed to be challenging, with an amendment needing to be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. This article will explore some of the most notable failed amendments, including the Equal Rights Amendment (ERA), which sought to guarantee equal legal rights for all American citizens regardless of sex, and the 18th Amendment, which banned the manufacture, transportation, and sale of intoxicating liquors, leading to a rise in organized crime and the bootlegging of alcohol.

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The Equal Rights Amendment (ERA)

The ERA was reintroduced in 1971 by Representative Martha Griffiths and was passed by the U.S. House of Representatives that year, and by the U.S. Senate in 1972. This was a time when the women's movement in the United States was gaining momentum, and the ERA found increasing support. The amendment was then submitted to the state legislatures for ratification, as provided by Article Five of the United States Constitution.

Despite the ERA's goal of ensuring equal treatment for all genders under the law, it faced opposition from groups concerned about the potential loss of protective labour legislation for women. The amendment also encountered resistance from those arguing that it would remove protections from women and make them eligible for military drafts. By the 1982 deadline set by Congress, the ERA had been ratified by 35 states, falling short of the required 38 states.

The ongoing discussions and efforts surrounding the ERA's ratification highlight the continued relevance of gender equality issues in the United States. In 2020, Virginia became the 38th state to ratify the ERA, however, some states had previously rescinded their ratifications, adding complexity to the debates about the amendment's validity.

The ERA's journey illustrates the challenges faced by proposed amendments to the U.S. Constitution. Out of the thousands of attempts to alter the Constitution, only 27 amendments have been successfully ratified, underscoring the rigorous process and high standards required for constitutional reform in the United States.

The Corwin Amendment

Despite its passage in Congress, the Corwin Amendment was not ratified by the requisite number of state legislatures. Only a handful of Northern states and Kentucky ratified it. Meanwhile, eleven Southern states seceded from the Union before it could be ratified, eventually forming the Confederate States of America. The amendment's failure to achieve its goal of preventing civil war and preserving the Union led to its decline in popularity during the Civil War.

Interestingly, the Corwin Amendment remains a technically viable amendment proposal due to the absence of a ratification deadline. However, it has been superseded by historical events, particularly the ratification of the Thirteenth Amendment in 1865, which prohibited slavery throughout the United States.

Outlawing duelling

Duelling, a practice with a long history in Europe and the United States, has been the subject of numerous attempts to suppress it. Despite these efforts, duelling continued to be a common practice in the 18th and 19th centuries. In 1828, an amendment was proposed to outlaw duelling in the United States Constitution, but it failed to gain support.

Dueling, or duelling, is a form of formal, ritualized combat between two individuals, often carried out to settle disputes or defend honour. The first formalized national code of duelling was established in France during the Renaissance, and dueling became regarded as a prerogative of the aristocracy throughout Europe. By the 17th century, King Louis XIII of France had outlawed dueling, and his successor, Louis XIV, intensified efforts to suppress the practice. Despite these efforts, dueling continued, and it is estimated that between 1685 and 1716, French officers fought 10,000 duels, resulting in over 400 deaths.

In the United States, dueling has a significant history as well. One of the most well-known duels took place in 1804, when Aaron Burr fatally shot Alexander Hamilton during Burr's campaign for New York governor. President Andrew Jackson, who was elected in 1828, had also participated in numerous duels before taking office. The same year, an amendment was proposed to outlaw dueling in the United States Constitution. However, it failed to gain enough support and was not ratified.

Even after the failed amendment, dueling continued to be practised by politicians with relatively few consequences. In 1838, a duel between Whig congressman William Graves and Democratic foe Jonathan Cilley resulted in Cilley's death. Despite formally scolding Graves, Congress refused to expel him. In response to this and other high-profile duels involving Members of Congress, Congressman William Stephen Morgan introduced House Resolution 8 on March 5, 1838, seeking to amend the Constitution to prohibit dueling by federal public officeholders and bar participants from holding office. While this resolution was not passed, Congress did outlaw dueling in the District of Columbia in 1839.

The failure of the 1828 amendment to outlaw dueling in the United States Constitution highlights the challenges of implementing widespread change through constitutional amendments. Despite the recognition that dueling was a problematic practice, it remained entrenched in the cultural and political landscape of the time.

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Abolishing the presidency

There have been more than 11,000 attempts to alter the U.S. Constitution, with only 27 amendments to the U.S. Constitution having been ratified. One of the failed amendments was a proposal in 1860 to abolish the presidency and elect two individuals to share executive power. This proposal was driven by concerns over slavery and presidential power.

The argument for abolishing the presidency is that the office of the presidency has become one of the most dangerous institutions, both to Americans and everyone else. The sweeping powers of the presidency should not be in the hands of a single human being. It is a matter of concern that one person has the power to make life-or-death decisions without the consent or approval of others.

One example of a potential alternative system is the one proposed in the Equal Rights Amendment (ERA). The ERA was a proposed amendment to the United States Constitution designed to guarantee equal legal rights for all American citizens regardless of sex. It was first introduced in 1923 and passed Congress in 1972 but fell short of state ratification by three states by the 1982 deadline. While the ERA did not succeed as a constitutional amendment, it highlights the possibility of alternative systems that could be explored if the presidency were abolished.

Titles of Nobility Amendment

The Titles of Nobility Amendment was a proposed amendment to the United States Constitution that aimed to revoke the citizenship of any US citizen who accepted a "title of nobility or honour" or received any form of gift, pension, or office from a foreign state without congressional consent. The amendment was introduced in the Senate by Democratic-Republican Senator Philip Reed of Maryland and passed on April 27, 1810, by a vote of 19-5. It was then sent to the House of Representatives for consideration.

The purpose of this amendment was to prevent those holding foreign titles, and thus the allegiance demanded by those titles, from being able to run for government office in the newly created Republic. There were fears that foreign powers could use these titles as markers to influence the passing of laws in their favour. This proposal was also a response to the 1803 marriage of Napoleon Bonaparte's brother, Jerome, and Betsy Patterson of Baltimore, Maryland, who gave birth to a boy for whom she wanted aristocratic recognition from France.

Despite passing in Congress, the Titles of Nobility Amendment ultimately failed to be ratified by a sufficient number of states. However, due to erroneous printing, the amendment was occasionally included as the "Thirteenth Amendment" in some early 19th-century publications of the Constitution. This misconception persisted well into the late 19th century. In recent years, right-wing radicals have seized upon this error, claiming that the amendment was ratified and suppressed as part of a conspiracy and that it would bar lawyers from citizenship due to their use of the term "esquire".

The Titles of Nobility Amendment is an interesting reflection of the historical context of the early 19th century, when there were rising fears that the United States would be marginalized by European powers and a strong tradition of opposition to hereditary privilege. While the amendment itself did not succeed, it highlights the concerns and challenges faced by the young nation in navigating its relationships with foreign powers and maintaining the integrity of its democratic institutions.

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