Amendments: The Most Impactful Changes To Our Constitution

The United States Constitution has been amended 27 times since it was drafted in 1787, with the first 10 amendments, known as the Bill of Rights, being adopted four years later. The process of amending the Constitution is intentionally difficult, as Chief Justice John Marshall wrote in the early 1800s that it was to endure for ages to come. While many amendments are related to voting procedures and government administration, some have had a more significant impact on American life and civil rights. Notable examples include the Thirteenth Amendment, which abolished slavery and involuntary servitude; the Fourteenth Amendment, which granted citizenship and equal protection under the law to all persons born or naturalized in the United States; and the Nineteenth Amendment, which gave women the right to vote. Other amendments have addressed issues such as prohibition, poll taxes, and the minimum voting age. The most recent amendment, the Twenty-first Amendment, repealed the Eighteenth Amendment and ended prohibition.

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The 13th Amendment abolished slavery

The 13th Amendment to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The Amendment was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified on December 6, 1865. This was a significant change as it provided a final constitutional solution to the issue of slavery in the United States.

The 13th Amendment states that "neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction". This amendment was the first of three Reconstruction Amendments that greatly expanded the civil rights of Americans. It was also one of the Civil War amendments, along with the 14th and 15th Amendments, that addressed the institution of slavery in the United States.

The 13th Amendment built upon President Abraham Lincoln's Emancipation Proclamation, which came into effect on January 1, 1863, declaring that all enslaved people in Confederate-controlled areas were free. However, the Emancipation Proclamation did not end slavery nationwide as it only applied to areas of the Confederacy in rebellion and not to the "border states" that remained in the Union. Lincoln recognised that a constitutional amendment was necessary to guarantee the abolishment of slavery.

The 13th Amendment restricted several forms of bound labour and servitude beyond chattel slavery. It also addressed the Fugitive Slave Clause, which had allowed slave owners to reclaim their escaped slaves even in non-slavery states. The Amendment ensured that slavery could not be legally reinstated and that the civil rights of formerly enslaved people would be protected.

The passage of the 13th Amendment marked a pivotal moment in American history, solidifying the nation's commitment to freedom and equality by legally abolishing slavery and setting the stage for further advancements in civil rights.

The 19th Amendment gave women the right to vote

The 19th Amendment to the U.S. Constitution, passed on June 4, 1919, and ratified on August 18, 1920, was a significant milestone in American history, guaranteeing women the right to vote. The journey towards achieving this amendment was long and arduous, spanning decades of agitation, protests, lobbying, and civil disobedience.

Beginning in the mid-19th century, generations of women's suffrage supporters worked tirelessly to bring about this change. They lectured, wrote, marched, and even employed more confrontational tactics such as picketing, silent vigils, and hunger strikes. The fight for women's suffrage faced strong opposition, and supporters often encountered heckling, jail time, and physical abuse.

The amendment states, "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." This legally guaranteed American women the right to vote and changed the face of the American electorate forever.

However, it is important to acknowledge that the amendment's impact was not immediate for all women. While white women benefited from its ratification, women of colour, particularly in the South, continued to face barriers due to systemic racism and discriminatory state voting laws. It would take several more decades and the passage of the Voting Rights Act of 1965 for most women of colour to fully realise their right to vote.

The 11th Amendment changed the Judicial power of the US

The Eleventh Amendment (Amendment XI) was passed by Congress on March 4, 1794, and ratified by the states on February 7, 1795. It was the first Constitutional amendment to be adopted after the Bill of Rights. The Eleventh Amendment changed the Judicial power of the US by restricting the ability of individuals to bring suits against states of which they are not citizens in federal court.

The amendment was proposed by the 3rd Congress and approved by the House of Representatives, with a vote of 81-9, and previously passed by the Senate (23-2) on January 14, 1794. The Eleventh Amendment was adopted following the Supreme Court's ruling in Chisholm v. Georgia, where the Court ruled that federal courts had the authority to hear cases brought by private citizens against states, and that states did not have sovereign immunity from such suits. Thus, the Eleventh Amendment clarified Article III, Section 2 of the Constitution, which gives diversity jurisdiction to the judiciary to hear cases "between a state and citizens of another state".

The amendment's text does not mention suits brought against a state by its own citizens. However, the Supreme Court has ruled that the amendment applies to all federal suits against states brought by private parties. This amendment also established that federal courts do not have the authority to hear cases brought by private parties against a state of which they are not citizens.

The Eleventh Amendment is a significant change to the Judicial power of the US as it clarified the limits of federal judicial power and the scope of state sovereignty by defining the extent of diversity jurisdiction, which is the power of federal courts to hear cases between citizens of different states or between citizens and foreign states. This amendment ensured that citizens could not use the federal courts to sue states of which they were not citizens, thus protecting states from certain legal actions and giving them a degree of legal immunity.

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The 12th Amendment superseded Article II, section 1

The Twelfth Amendment (Amendment XII) to the United States Constitution superseded Article II, Section 1, Clause 3, outlining a new procedure for electing the president and vice president. The amendment was proposed by Congress on December 9, 1803, and ratified on June 15, 1804, by the requisite three-quarters of state legislatures. This amendment replaced the original function of the Electoral College.

Under the original procedure dictated by Article II, Section 1, each elector cast two electoral votes without distinguishing between the votes for president and vice president. The individual with the most votes, provided they constituted a majority, became president, and the runner-up became vice president. The Twelfth Amendment mandated that electors cast distinct votes for president and vice president, preventing electors from voting for two candidates from their state. This amendment also addressed the issue of a deadlocked election, stating that if the House did not choose a president before March 4, the start of the presidential term, the vice president-elect would assume the role of president until a decision was made.

The Twelfth Amendment significantly influenced the election process by shaping campaign strategies and the selection of running mates. For instance, presidential candidates avoided choosing running mates from their own state to prevent losing votes from their shared home-state electors. In 1836, the Whig Party attempted to exploit the amendment's provisions by nominating four different candidates in different regions to splinter the electoral vote. While this strategy ultimately failed, it demonstrated the impact of the amendment on election tactics.

The Twelfth Amendment's provision regarding the role of the vice president in a deadlocked election was later superseded by Section 3 of the Twentieth Amendment in 1933. This update changed the date of the new presidential term to January 20 and clarified that Congress could determine who would act as president if no president-elect or vice president-elect was chosen.

The 14th Amendment defined US citizenship

The 14th Amendment to the US Constitution, passed by Congress in 1866 and ratified in 1868, significantly altered the country's political landscape by establishing a clear definition of US citizenship. The amendment states that "All persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the state in which they reside."

This amendment addressed one of the most politically divisive issues of the 19th century, clarifying that citizenship was not solely determined by individual states but by the federal government. It also ensured that citizenship was based on birthright and naturalization, a significant shift from previous notions of citizenship.

The 14th Amendment's citizenship clause had a profound impact on the rights and protections afforded to individuals in the United States. It prevented states from creating laws that infringed upon the privileges and immunities of US citizens, guaranteeing equal protection under the law. This clause has been invoked in numerous landmark cases, including Brown v. Board of Education, Roe v. Wade, and Bush v. Gore, shaping the interpretation of civil rights and equal protection.

Additionally, the 14th Amendment's definition of citizenship had far-reaching implications for civil rights and racial equality. It repudiated the Dred Scott decision, which had denied citizenship to people of colour, and affirmed that citizenship was not based on race or previous conditions of slavery. This amendment ensured that all citizens, regardless of race, were entitled to the same rights and privileges.

The 14th Amendment also addressed representation in Congress and voting rights for male citizens over 21 years of age. It stipulated that representation in Congress should be based on the total population of a state, including those who were not taxpayers, such as "Indians not taxed." This provision had a significant impact on the political landscape by ensuring more accurate representation in the legislative process.

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