Isabella Carter
The United States Constitution has been amended 27 times since it was enacted in 1787. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. Since then, 17 more amendments have been added, with the most recent being the 27th Amendment, ratified in 1992. The process of amending the Constitution is outlined in Article Five, which requires that amendments be properly proposed and ratified before becoming operative. This process involves either a two-thirds majority vote in both houses of Congress or a national convention called by Congress on the application of two-thirds of state legislatures. To date, approximately 11,848 proposals to amend the Constitution have been introduced, with a variety of topics covered. This paragraph provides an introduction to the topic of which amendment to the Constitution one should cite, depending on the specific rights or issues being discussed.
| Characteristics | Values |
|---|---|
| Number of Amendments to the Constitution | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| Date of Ratification of the First 10 Amendments | December 15, 1791 |
| Number of Proposals to Amend the Constitution | ~11,848 (as of January 3, 2019) |
| Average Number of Proposals during each two-year term of Congress | 200 |
| Last Proposal with Necessary Two-Thirds Support in both the House and the Senate | District of Columbia Voting Rights Amendment in 1978 |
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What You'll Learn
The first 10 amendments
The first ten amendments to the US Constitution, also known as the Bill of Rights, were ratified on December 15, 1791. The Bill of Rights outlines the rights and freedoms afforded to citizens and offers protections against government overreach.
The First Amendment guarantees freedom of religion, speech, and the press, as well as the right to assemble and petition the government. The Second Amendment protects the right to bear arms, while the Third Amendment addresses the quartering of soldiers. The Fourth Amendment protects citizens against unreasonable searches and arrests, and the Fifth Amendment provides several protections for people accused of crimes, including protection against double jeopardy and self-incrimination.
The Sixth Amendment guarantees the right to a fair and speedy trial, with the Seventh Amendment extending this right to Federal civil cases. The Eighth Amendment prohibits excessive bail and fines and cruel and unusual punishment. The Ninth Amendment states that citizens retain rights not specifically mentioned in the Constitution, and the Tenth Amendment affirms that the Federal Government's powers are limited to those delegated in the Constitution, with all other powers being reserved for the states or the people.
The Bill of Rights forms the foundation of individual liberties and limits the government's power over citizens. It has been amended over time to address new challenges and societal changes, with the most recent amendment being added in 1992.
The Fourteenth Amendment: Extending Constitutional Rights to States
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The Reconstruction Amendments
The 13th Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. This amendment irrevocably abolished slavery throughout the United States, marking a significant step towards freedom and equality for formerly enslaved individuals.
The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. It defines all people born in the United States as citizens, requires due process of law, and ensures that all citizens are guaranteed equal protection. The 14th Amendment transformed the Constitution by expanding its focus beyond federal-state relations and property rights to include the protection of vulnerable minorities and their claim to substantive freedom.
The 15th Amendment, proposed in 1869 and ratified in 1870, prohibits federal and state governments from denying any citizen the right to vote based on race, colour, or previous condition of servitude. This amendment was particularly significant as, by 1869, voting rights had been restricted in all states to white men. The Reconstruction Amendments, therefore, not only abolished slavery but also sought to protect the civil and political rights of formerly enslaved individuals and all citizens of the United States.
While the Reconstruction Amendments were a significant step towards equality and freedom, their promise was eroded by state laws and federal court decisions in the late 19th century. It was not until the mid-20th century, with landmark Supreme Court decisions and civil rights legislation, that the full benefits of these amendments were realised, ensuring the protection of civil rights and voting rights for all citizens, regardless of race.
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The 21st Amendment
The 18th Amendment, which ushered in the era of Prohibition, proved highly unpopular, and a political movement for its repeal grew. However, the repeal was complicated by grassroots politics and the influence of the temperance lobby. The 21st Amendment is unique in that it is the only amendment to have been ratified by state ratifying conventions, specifically selected for this purpose, rather than by state legislatures.
Section 1 of the 21st Amendment repeals the 18th Amendment, while Section 2 prohibits the transportation or importation of intoxicating liquors into any state, territory, or possession of the United States for delivery or use in violation of state laws. This section gives states broad regulatory power over the sale, manufacture, and transportation of alcohol within their territories.
The amendment's ratification ended national prohibition and left the regulation of alcohol up to state governments. It was thought to be responsible for the creation of half a million jobs. In the decades since, a series of Supreme Court decisions have been argued and ruled over, specifically regarding Section 2, and the extent of states' regulatory powers over alcohol.
Amending the Constitution: Where and How?
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The 27th Amendment
The Twenty-seventh Amendment to the United States Constitution, also known as the Congressional Compensation Act of 1789, addresses the financial compensation of members of Congress. It states that any law varying the salary of senators and representatives shall not take effect until after the next election of representatives. In other words, it prohibits changes to the compensation of members of Congress from taking effect until after the next election.
The amendment was proposed by Representative James Madison of Virginia on June 8, 1789, and was one of the first proposed amendments to the Constitution. Madison intended for it to be added to Article I, Section 6 of the Constitution, which discusses the compensation of senators and representatives. The amendment was submitted to the states for ratification on September 25, 1789, along with eleven other proposed amendments. However, it was not initially ratified and faded from public memory.
In 1982, Gregory Watson, a student at the University of Texas at Austin, wrote an essay in which he argued that the amendment was still relevant and should be ratified. Unsatisfied with the grade he received for his essay, Watson launched a nationwide campaign to lobby for the amendment's ratification. As a result of Watson's efforts, the Twenty-seventh Amendment was finally ratified on May 7, 1992, making it the most recent addition to the Constitution.
The purpose of the Twenty-seventh Amendment is to reduce corruption in the legislative branch by preventing members of Congress from receiving salary increases before an election, where they could be voted out of office. This amendment ensures that the public has a say in any changes to the compensation of their representatives and helps maintain accountability and responsiveness to the electorate.
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The process of amending the constitution
The process of amending the US Constitution is a complex and lengthy one. Since the Constitution was drafted in 1787, there have been only 27 successful amendments, the first 10 of which were ratified in 1791 and are known as the Bill of Rights. The authority to amend the Constitution is derived from Article V of the Constitution.
Once an amendment has been proposed, it must be ratified. Ratification can occur in two ways. The first is for the amendment to be ratified by three-fourths of the state legislatures (38 out of 50 states). The second method is for the amendment to be ratified by three-fourths of special ratifying conventions held in the states. Once an amendment is ratified, the Archivist of the United States certifies that it is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice that the amendment process is complete.
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Frequently asked questions
The Bill of Rights is composed of the first 10 amendments to the U.S. Constitution, which were ratified on December 15, 1791.
The Reconstruction Amendments are composed of the 13th, 14th, and 15th amendments to the U.S. Constitution.
The 14th 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.
There have been 27 amendments to the Constitution, with approximately 11,848 proposals to amend the Constitution introduced in Congress since 1789.
