Eleanor Finch
The United States Constitution has a rich history of amendments, with several state conventions requesting a bill of rights during its initial ratification. The First Congress proposed 12 amendments in 1789, with the first 10 ratified amendments forming the Bill of Rights, guaranteeing various freedoms and protections for citizens. Over time, amendments have addressed a range of issues, from abolishing slavery and protecting citizens' voting rights to limiting presidential terms and regulating income tax. Amendments are proposed by Congress or through state legislatures, with the former requiring a two-thirds majority in both houses. This process has shaped the US Constitution, ensuring it remains adaptable to the evolving needs of the nation.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments known as | Bill of Rights |
| Amendments proposed by | Congress or Legislatures of two-thirds of States |
| Amendments ratified by | Legislatures of three-fourths of States |
| Amendments passed by Congress | Various dates, including March 4, 1794; December 9, 1803; July 2, 1909; May 13, 1912 |
| Amendments ratified | Various dates, including February 7, 1795; June 15, 1804; February 3, 1913; April 8, 1913 |
| Amendment content | Prohibition, Women's Right to Vote, Presidential Term and Succession, Income Tax, Election of Senators, etc. |
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What You'll Learn
The Bill of Rights
During the debates on the adoption of the Constitution, its opponents repeatedly argued that the document, as drafted, would pave the way for tyranny by the central government. They demanded a "bill of rights" that would explicitly outline the immunities of individual citizens. Several state conventions formally ratified the Constitution with the understanding that amendments would be offered.
On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution that addressed the most frequently advanced arguments against it. The first two proposed amendments, concerning the number of constituents for each Representative and the compensation of Congressmen, were not ratified. The remaining ten amendments make up what is now known as the Bill of Rights.
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The 13th Amendment
The road to the 13th Amendment's passage was long and arduous. President Abraham Lincoln, while initially focused on preserving the Union, began to push for state-level abolition in 1864. Abolitionists and Republicans called for a constitutional amendment to end enslavement nationwide, and Lincoln intervened directly in the legislative process to ensure its passage. The Amendment passed the Senate on April 8, 1864, but an initial vote in the House fell short of the required two-thirds majority.
Abolitionists continued to pressure holdouts in the House, and on January 31, 1865, the 13th Amendment finally passed the House. President Lincoln signed the joint resolution of the Senate and House on February 1, 1865, as a symbolic gesture of approval, and sent it to the states for ratification. By the end of March, 19 states had ratified the amendment.
On December 6, 1865, Georgia became the 27th state to ratify, reaching the required three-quarters majority. Vice President Andrew Johnson, a War Democrat, used his power as Chief Executive to force Southern states to ratify as part of his Reconstruction policy. On December 18, 1865, Secretary of State William Seward announced that the United States had constitutionally abolished slavery.
Despite the 13th Amendment's ratification, Southern states continued to treat African Americans as second-class citizens through the adoption of "Black Codes" and "Jim Crow laws". The struggle for racial equality in the United States continued, with the Civil Rights Act of 1964 being a notable milestone.
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Prohibition and its repeal
The Eighteenth Amendment to the US Constitution, which was passed in 1919, established the prohibition of alcoholic beverages in the United States. This amendment was unique in that it was the first time in US history that the federal government used a constitutional provision to directly control the personal habits and conduct of individuals, particularly in relation to their social habits and morality. The amendment empowered the federal government to police the manufacture, sale, and transportation of "intoxicating liquors" for beverage purposes, as well as the importation and exportation of beverage liquor.
The Eighteenth Amendment and its implementing law, the Volstead Act, were controversial from the start. Critics argued that the federal government was overstepping its bounds by involving itself in matters traditionally led by state and local governments. This controversy, along with the problematic nature of Prohibition, led to the proposal and ratification of the Twenty-First Amendment, which repealed the Eighteenth Amendment.
On December 5, 1933, Acting Secretary of State William Phillips certified that the Twenty-First Amendment had been adopted by the necessary number of state conventions, bringing an end to almost 14 years of nationwide Prohibition. The Twenty-First Amendment nullified provisions of the Volstead Act, including those that imposed penalties for violations of Prohibition.
The Twenty-First Amendment restored the balance between state and federal governments, with Section 2 authorizing states to regulate or prohibit alcoholic beverages within their jurisdictions for legitimate reasons, such as health or safety. However, the amendment did not grant states the power to interfere with the federal government's control over interstate commerce. The Supreme Court confirmed that Congress retained constitutional authority over interstate and foreign commerce, allowing the federal government to continue regulating and taxing various aspects of the liquor trade.
The Twenty-First Amendment also included provisions that established the start dates for congressional and presidential terms, limited the number of terms a president could serve, and reserved the right of citizens in the District of Columbia to vote for their own Electors in presidential elections, among other things.
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Voting rights
The Fifteenth Amendment, which was added to the U.S. Constitution in 1870, was the first voting rights amendment. It stated that the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, colour, or previous condition of servitude. This amendment was celebrated by African Americans across the nation, who marched in parades and took part in other public celebrations.
However, the full promise of the Fifteenth Amendment was not realised until the 1960s, almost a century after its ratification. In the years following its ratification, Southern state governments adopted new laws and regulations that stripped African American men of their right to vote. Literacy tests, poll taxes, intimidation, and violence were all used to disenfranchise African American voters and exclude them from the polls.
The Nineteenth Amendment, passed in 1919 and ratified in 1920, recognised the right of women to vote. This amendment stated that the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
The Twenty-Fourth Amendment, ratified in 1964, prohibited states from requiring residents to pay a tax or fee in order to vote in national elections. This amendment was a response to several southern states that had established a poll tax to prevent Black and low-income White people from voting, thereby circumventing the Fourteenth and Fifteenth Amendments.
The Twenty-Sixth Amendment, ratified in 1971, lowered the legal voting age from 21 to 18.
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Amending the Constitution
The process of amending the US Constitution is outlined in Article V of the Constitution. Amendments can be proposed by a two-thirds vote of both houses of Congress or by a convention called by two-thirds of the state legislatures. The proposed amendments must then be ratified by three-fourths of the state legislatures or by special ratifying conventions in three-fourths of the states.
The first ten amendments to the Constitution, known as the Bill of Rights, were ratified by three-fourths of the state legislatures in 1791. These amendments guarantee various freedoms and rights, such as freedom of speech, religion, and the press, the right to bear arms, protection from unreasonable searches and seizures, and due process rights.
Over time, several amendments have been made to the Constitution to address specific issues or to expand the rights of citizens. For example, the Thirteenth Amendment, ratified in 1865, abolished slavery and involuntary servitude, while the Nineteenth Amendment, ratified in 1920, guaranteed women's right to vote. Other notable amendments include the Fourteenth Amendment, which granted citizenship to all persons born or naturalized in the United States, and the Twenty-Sixth Amendment, which lowered the voting age to 18.
The process of amending the Constitution has been deliberately made challenging to ensure that any changes reflect the values and interests of the majority of Americans. The requirement for supermajorities in both the proposal and ratification stages ensures that amendments have broad support across the country and are not enacted along partisan lines.
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Frequently asked questions
27.
The Bill of Rights.
The 20th Amendment, which establishes the date of term starts for Congress (January 3) and the President (January 20).
The 21st Amendment, which repealed the 18th Amendment, was passed by Congress and ratified in 1933.
The 13th Amendment, which prohibits slavery and involuntary servitude, was passed by Congress on June 13, 1866, and ratified on July 9, 1868.
