Malcolm Rivera
The US Constitution, beginning with the words We the People, is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. Since the Constitution was put into operation on March 4, 1789, approximately 11,848 proposals to amend it have been introduced in Congress. Thirty-three amendments have been proposed by the United States Congress and sent to the states for ratification. The last time a proposal gained the necessary two-thirds support in both the House and the Senate for submission to the states was the District of Columbia Voting Rights Amendment in 1978.
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What You'll Learn
The Bill of Rights (Amendments 1-10)
The Bill of Rights, comprising the first ten amendments to the US Constitution, was ratified on December 15, 1791. The amendments were proposed by James Madison, who studied the deficiencies of the Constitution pointed out by Anti-Federalists and crafted a series of corrective proposals. Madison believed that the people and states retained any powers not given to the federal government. Anti-Federalists wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty.
On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. Ten of these were ratified by three-fourths of the state legislatures on December 15, 1791, and form what is known as the Bill of Rights. The first ten amendments include some of the most important protections of individual freedoms and limits on government power.
The First Amendment prohibits Congress from making any law respecting an establishment of religion, or prohibiting the free exercise thereof. It also protects freedom of speech, freedom of the press, and the right to assemble and petition the government.
The Second Amendment states that "a well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
The Third Amendment states that "no Soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."
The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion into their homes and requires a warrant for any searches or seizures.
The remaining amendments in the Bill of Rights include protections such as due process, trial by jury, and the right to petition the government for a redress of grievances.
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Amendments 11-27
Amendments 11–27 of the US Constitution
The US Constitution has 27 amendments, the first 10 of which are collectively known as the Bill of Rights. Amendments 11–27 were added sequentially and address a range of issues, from sovereign immunity to voting rights and term limits for the presidency.
Amendment 11
Adopted in 1795, Amendment 11 established the legal doctrine of "sovereign immunity", which protects government entities and officers from being sued over the performance of their duties.
Amendment 12
Adopted in 1804, Amendment 12 revised the procedures for using the Electoral College to elect the President and Vice-President.
Amendment 13
Added in 1865, Amendment 13 abolished slavery in the entire nation, stating that "neither slavery nor involuntary servitude, except as a punishment for crime... shall exist within the United States or any place subject to their jurisdiction."
Amendment 14
The Fourteenth Amendment, added in the post-Civil War era, is considered one of the most significant amendments to the Constitution. It defines American citizenship for the first time and overturns the Supreme Court's 1857 decision in Dred Scott v. Sanford, which declared that slaves were property and could never be citizens. The amendment also provides important limitations on state governments, including the "equal protection of the laws" clause, which has been interpreted to prohibit gender discrimination and discrimination in voting and legislative districts.
Amendment 15
Amendment 20
Amendment 20 sets out the terms of office for the President, Vice President, Senators, and Representatives. It states that the terms of the President and Vice President end at noon on the 20th day of January, while the terms of Senators and Representatives end at noon on the 3rd day of January of the years in which such terms would have ended if the amendment had not been ratified.
Amendment 22
Adopted in 1951, Amendment 22 limits the President to two terms in office. Before this amendment, there were no legal restrictions on how many terms a President could serve, although it was customary to serve no more than twice.
Amendment 24
Added in 1964, Amendment 24 provides that the right of US citizens to vote in any election shall not be denied or abridged by the United States or any state due to failure to pay any poll tax or other tax. This amendment aimed to address the use of poll taxes in the post-Civil War South to disenfranchise African Americans and poor whites.
Amendment 27
The most recently added amendment, Amendment 27 was passed by Congress in 1962 and ratified in 1964. It granted residents of Washington, D.C. the right to vote in presidential and vice-presidential elections.
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The Reconstruction Amendments (13th, 14th, 15th)
The Reconstruction Amendments (13th, 14th, and 15th) to the US Constitution were ratified between 1865 and 1870, in the five years immediately following the American Civil War. These amendments were part of a large movement to reconstruct the United States after the Civil War and were essential to reuniting the country during this period.
The 13th Amendment abolished slavery and involuntary servitude throughout the United States, with exceptions for those duly convicted of a crime. It also granted Congress the right to enforce this with appropriate legislation should states defy the ordinance.
The 14th Amendment addressed citizenship rights and equal protection under the law for all persons. It ensured that the Bill of Rights applied to all citizens, regardless of race. This amendment also eliminated the three-fifths rule and punished states that did not permit male citizens over 21 years old to vote by reducing the state's proportional representation.
The 15th Amendment prohibited discrimination in voting rights based on "race, colour, or previous condition of servitude". This secured voting rights for Black men, making it illegal to deny them the right to vote because of their race.
The Reconstruction Amendments provided the constitutional basis for enforcing and implementing Reconstruction and the passage of federal legislation such as the Civil Rights Acts of 1866 and 1875, and the Enforcement Acts of 1870-71. They also granted Congress the power to enforce the amendments' provisions through federal legislation.
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The Eighteenth Amendment
The Prohibition Era, ushered in by the Eighteenth Amendment, saw a reduction in alcohol consumption, particularly among low-income groups. There was a decrease in hospitalizations for alcoholism and liver-related issues. However, the amendment's impact on crime was mixed. While there was an initial reduction in crimes associated with drunkenness, the era also witnessed the rise of organised crime syndicates and bootlegging. The illegal production and distribution of alcohol led to the proliferation of speakeasies and an increase in assault, theft, and burglary.
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The Twenty-first Amendment
The Eighteenth Amendment had established a nationwide prohibition on alcohol, which had been ratified on January 16, 1919, after years of advocacy by the temperance movement. The Twenty-first Amendment was enacted as public sentiment turned against Prohibition, which had led to a profitable black market for alcohol, fuelling the rise of organised crime.
The amendment has been the subject of several Supreme Court cases, including Craig v. Boren, 44 Liquormart, Inc. v. Rhode Island, and Granholm v. Heald, which have considered its impact on other constitutional provisions, such as the Commerce Clause and freedom of speech protections under the First Amendment.
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Frequently asked questions
There have been 27 amendments to the US Constitution, with the first 10 being ratified on December 15, 1791, and known as the Bill of Rights.
For an amendment to become part of the US Constitution, it must be ratified by three-fourths of the states (38 since 1959). This can be done through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states.
Some notable amendments include the Reconstruction Amendments (13th, 14th, and 15th), the 18th Amendment (prohibiting alcohol, later repealed by the 21st Amendment), and the 22nd Amendment (limiting the President to two terms).
