Omar Bennett
The US Constitution has been amended 27 times since it was enacted in 1789, with the first ten amendments, known as the Bill of Rights, being ratified simultaneously in 1791. Amendments are proposed by Congress and must be ratified by three-fourths of state legislatures (38 states) to become part of the Constitution. While there have been nearly 12,000 proposals to amend the Constitution, none of the recent proposals have been successful. The process of amending the US Constitution is a complex and lengthy one, and it has only been modified through this formal process a handful of times in its over 200-year history.
| Characteristics | Values |
|---|---|
| Number of Amendments proposed by the United States Congress | 33 |
| Number of Amendments ratified | 27 |
| Number of Amendments pending | 4 |
| Number of Amendments closed | 2 |
| Number of Amendments to fail | 2 |
| First 10 Amendments | Ratified December 15, 1791 |
| Date Constitution was put into operation | March 4, 1789 |
| Number of proposals to amend the Constitution since 1789 | ~11,848 |
| Number of proposals to amend the Constitution by House and Senate members during each two-year term | ~200 |
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What You'll Learn
The Bill of Rights
The first ten amendments to the Constitution safeguard freedoms like speech, religion, and the right to bear arms, while ensuring protections such as due process and trial by jury. The First Amendment, for example, protects the freedom of speech, religion, and the press, as well as the right to assemble and petition the government. The Second Amendment guarantees the right to keep and bear arms, and the Third Amendment prohibits the quartering of soldiers in civilian homes without consent. The Fourth Amendment protects citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant.
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Freedom of speech
The First Amendment to the US Constitution, ratified on December 15, 1791, protects the freedom of speech, religion, the press, and the right to assemble and petition the government. The text of the amendment states:
> "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The Supreme Court has interpreted this to mean that no branch or section of the federal, state, or local governments can infringe upon American freedom of speech. However, private organisations, such as businesses, colleges, and religious groups, are not bound by this Constitutional obligation.
The First Amendment protects both direct (words) and symbolic (actions) forms of speech. Examples of speech protected by the First Amendment include:
- The right not to salute the flag
- Wearing black armbands to school to protest a war
- Using certain offensive words and phrases to convey political messages
- Burning the flag in protest
- Making or distributing obscene materials
- Burning draft cards as an anti-war protest
- Printing articles in a school newspaper over the objections of the school administration
The First Amendment does not protect all forms of expression. Speech that incites imminent lawless action, commercial advertising, defamation, obscenity, and interpersonal threats to life are generally not protected.
Amendment History: The 14th Amendment Enacted in 1868
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Separation of powers
The US Constitution's separation of powers is a foundational principle designed to prevent any one branch of the government from dominating the others and to protect individual liberties. This system divides the government's responsibilities among three branches: the legislative (headed by Congress), the executive (led by the president), and the judicial (directed by the Supreme Court).
Each branch has distinct functions and powers, enabling checks and balances that allow them to restrain one another's authority. For example, while Congress creates laws, they require presidential approval. Similarly, the courts have the authority to review the constitutionality of these laws.
The broader structure of the US system is intended to help prevent governmental excess, supplementing the formal constitutional separation of powers. The powers of the central government are listed in the Constitution, and, at least in constitutional theory, powers not on the list may not be exercised.
The framers of the US Constitution drew inspiration from earlier political theories, particularly Charles de Montesquieu's "Spirit of the Laws" (1748). Montesquieu's interpretation of English governance was later proven to be incomplete, but the principle he espoused was adopted at the 1787 Constitutional Convention.
The separation of powers remains a crucial aspect of American governance, evolving with the political landscape while striving to uphold democratic principles. Over the decades, the US Supreme Court has issued numerous rulings that have preserved and strengthened this system.
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Citizenship
The topic of citizenship is addressed in the Fourteenth Amendment to the US Constitution. This amendment was one of the Reconstruction Amendments, along with the Thirteenth and Fifteenth Amendments, which were adopted after the Civil War to address issues related to citizenship, civil rights, and Reconstruction.
The Fourteenth Amendment states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This means that anyone born in the US or who has gone through the legal process of becoming a citizen (naturalization) is considered a US citizen and is entitled to the rights and protections afforded by the Constitution.
The amendment also includes provisions that protect the rights of citizens. It states that no state shall make or enforce any law that abridges the privileges or immunities of US citizens. Additionally, it guarantees that no person shall be deprived of life, liberty, or property without due process of law and that all citizens are entitled to equal protection under the law. These provisions were particularly important in ensuring the rights of African Americans and former slaves following the Civil War.
The Fourteenth Amendment also addresses representation in Congress and voting rights. It states that representatives shall be apportioned among the states according to their respective numbers, counting all persons excluding untaxed Native Americans. Additionally, it specifies that male citizens of the US, over the age of 21, have the right to vote and that this right cannot be denied or abridged, except in cases of rebellion or other crimes.
The Fourteenth Amendment has been significant in shaping the understanding of citizenship and civil rights in the United States. It has been the basis for numerous legal challenges and interpretations over the years, and it continues to be a crucial part of the US Constitution.
Amendment History: The Second Amendment's Addition Date
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Prohibition of alcohol
The Prohibition era in the United States, from 1920 to 1933, was a period when the manufacture, importation, transportation, and sale of alcoholic beverages were prohibited under the Eighteenth Amendment to the US Constitution. This amendment was ratified on January 16, 1919, and repealed on December 5, 1933, with the ratification of the Twenty-first Amendment.
The Prohibition era was the culmination of a long temperance movement that began amassing followers in the 1820s and 1830s. This movement advocated for moderation in, or complete abstinence from, alcohol consumption. Religious revivalism played a significant role in the movement, with support from Protestant evangelical congregations, as well as woman suffragists concerned about alcohol's impact on families, and industrialists aiming to prevent accidents and increase efficiency. The Woman's Christian Temperance Union (WCTU) and the Anti-Saloon League were influential organizations within the movement.
Despite Prohibition, millions of Americans drank liquor illegally, leading to the emergence of bootlegging, speakeasies, and organized crime. Bootleggers smuggled alcohol into the country or distilled their own, while speakeasies operated in the back rooms of seemingly legitimate establishments. Moonshiners, who produced liquor from corn, even devised "cow shoes" to cover their tracks and evade Prohibition agents. The rise of these illegal activities contributed to a period of gangsterism and the establishment of American organized crime.
The impact of Prohibition on alcohol consumption is disputed. Some research suggests a substantial decline, while other studies indicate that Prohibition did not reduce long-term consumption. While rates of liver cirrhosis, alcoholic psychosis, and infant mortality declined during Prohibition, the lack of uniform national crime statistics before 1930 makes it challenging to assess its overall societal impact.
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Frequently asked questions
There are 27 amendments to the US Constitution.
33 amendments were proposed, but only 27 were ratified by the requisite number of states.
The first 10 amendments, ratified on December 15, 1791, are known collectively as the Bill of Rights.
An amendment must be ratified by three-fourths of the states (38 states) by either the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states.
Yes, in the absence of a deadline, an amendment can be ratified indefinitely and ratified long after being proposed to the states. Congress has, on several occasions, stipulated that an amendment must be ratified within seven years of its submission to the states.
