Malcolm Rivera
Since the Constitution was ratified in 1789, there have been numerous attempts to amend it, with only 27 amendments to the U.S. Constitution being ratified. One notable example is the 14th Amendment, which repealed the three-fifths clause of the original Constitution, ensuring that every resident of a state is counted as a full person for congressional representation. The 19th Amendment, ratified in 1920, is another significant amendment that prohibited denying or abridging the right to vote based on sex. The First Amendment, widely regarded as one of the most important amendments, safeguards fundamental freedoms such as religion, speech, and the press. The Tenth Amendment emphasizes the limited powers of the national government, while the Ninth Amendment addresses the importance of unenumerated rights. These amendments, among others, have shaped the interpretation and application of the Constitution over time.
| Characteristics | Values |
|---|---|
| 14th Amendment | Repealed the three-fifths clause of the original Constitution, which held that each enslaved person counted for three-fifths of a person. |
| 14th Amendment, Section 3 | Aimed at former Confederate leaders, allowing Congress to bar any official who engaged in insurrection or rebellion against the US from holding public office. |
| 14th Amendment, Section 4 | Exempted federal and state governments from paying any debts incurred by the former Confederate states or compensating them for the loss of their human property. |
| 14th Amendment, Section 5 | Gave Congress the authority to create laws to enforce the amendment's provisions, strengthening federal power over states. |
| 19th Amendment | Forbade the US or any state from denying or abridging the right to vote based on sex. |
| 20th Amendment | Specified that regular terms for members of the Senate and House of Representatives begin on January 3rd of the year following their election, reducing the "lame-duck" period. |
| 10th Amendment | Emphasizes that the inclusion of a bill of rights does not change the fundamental character of the national government, which remains one of limited and enumerated powers. |
| 9th Amendment | Addresses the “just importance of unenumerated rights, leaving the question of what rights Americans have for interpretation in each era. |
| 1st Amendment | Protects freedom of religion, speech, the press, assembly, and the right to petition the government. |
| 2nd Amendment | Protects the right to keep and bear arms. |
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What You'll Learn
The 14th Amendment repealed the three-fifths clause
The Three-Fifths Compromise, also known as the Constitutional Compromise of 1787, was an agreement reached during the 1787 United States Constitutional Convention. The Compromise concerned the inclusion of slaves in counting a state's total population. Slaveholding states wanted their entire population to be counted, while free states wanted to exclude the counting of slave populations. The Compromise counted three-fifths of each state's slave population toward that state's total population. This count would determine the number of seats in the House of Representatives, the number of electoral votes each state would be allocated, and how much money the states would pay in taxes.
The 14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United States, including formerly enslaved people. It guaranteed all citizens "equal protection of the laws". The 14th Amendment was one of three amendments passed during the Reconstruction era to abolish slavery and establish civil and legal rights for Black Americans. It became the basis for many landmark Supreme Court decisions over the years.
Section Two of the 14th Amendment repealed the Three-Fifths Compromise (Article I, Section 2, Clause 3) of the original Constitution. With slavery outlawed by the 13th Amendment, this clarified that all residents, regardless of race, should be counted as one whole person. This section also guaranteed that all male citizens over the age of 21, regardless of race, had the right to vote.
The opening sentence of Section One of the 14th Amendment defined U.S. citizenship: "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 repudiated the Supreme Court's 1857 Dred Scott decision, which stated that a Black man, even if born free, could not claim rights of citizenship under the federal constitution.
The First Amendment: Church and State Separation
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The 19th Amendment: voting rights for women
The 19th Amendment to the United States Constitution, also known as Amendment XIX, was a historic milestone in the country's democratic history, as it granted women the right to vote. The amendment was the culmination of a long and arduous campaign by generations of activists and suffragists, dating back to the 19th century.
The push for women's suffrage gained momentum in the latter part of the 1800s, with new states and territories, particularly in the West, granting women the right to vote. In 1878, a proposal for a suffrage amendment was introduced in Congress but was rejected nine years later. Despite this setback, suffrage organisations and activists like Susan B. Anthony and Elizabeth Cady Stanton persisted, advocating for a national amendment while also working at the state and local levels.
The entry of the United States into World War I played a pivotal role in shifting public perception. The National American Woman Suffrage Association, led by Carrie Chapman Catt, supported the war effort and argued that women deserved the right to vote as a reward for their patriotic service. The National Woman's Party also played a crucial role through their marches, demonstrations, and hunger strikes, highlighting the contradiction of fighting for democracy abroad while denying it to women at home.
In 1918, President Woodrow Wilson announced his support for the suffrage amendment. On May 21, 1919, the House of Representatives passed the amendment, and two weeks later, on June 4, 1919, the Senate followed suit. The amendment then needed ratification by three-fourths of the states. This was achieved on August 18, 1920, when Tennessee became the 36th state to ratify, and Secretary of State Bainbridge Colby certified the ratification on August 26, 1920.
The 19th Amendment legally guarantees 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." While this marked a significant step forward for women's rights, it did not immediately ensure full enfranchisement for all women, especially women of colour, who continued to face discriminatory voting laws and systemic racism, particularly in the South, for decades to come.
Amending the Constitution: Where and How?
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The 20th Amendment: shortening the lame-duck period
The 20th Amendment to the US Constitution, ratified on January 23, 1933, and taking effect in 1935, significantly shortened the "lame-duck" period. This period refers to the time between the election and inauguration of a new president, during which outgoing officials remain in office.
Prior to the 20th Amendment, there was a four-month lame-duck period, with congressional elections in November and Congress resuming on the first Monday in December, while new Congresses began on March 4 of odd-numbered years. This resulted in a lengthy transition that hindered the government's ability to address pressing issues effectively.
The 20th Amendment addressed this issue by moving the inauguration date of the new president-elect from March 4 to January 20. This change reduced the transition period by about six weeks, ensuring that newly elected officials could assume their roles and begin their important duties sooner.
The amendment also established that congressional terms would begin before presidential terms. This meant that if there was a deadlock in the Electoral College regarding the presidential or vice-presidential elections, the incoming Congress would hold a contingent election, rather than the outgoing one.
By shortening the lame-duck period, the 20th Amendment made government more responsive and accountable to the people. It ensured that elected officials had a timely mandate to tackle the challenges facing the nation, as highlighted in the example of Abraham Lincoln's election in 1860, where the extended lame-duck period contributed to the secession of southern states from the Union.
Amending the Constitution: Understanding the Process
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![Report of the Commission to the General Assembly, December 15, 1920. 1921 [Leather Bound]](https://m.media-amazon.com/images/I/81nNKsF6dYL._AC_UY218_.jpg)
The 10th Amendment: state and federal domains
The Tenth Amendment to the US Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, states:
> "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
This amendment emphasizes the limited and enumerated powers of the national government, highlighting that any claimed federal power must be delegated by the Constitution. It assumes a clear demarcation between state and federal domains of authority, a concept termed "dual federalism." However, this clear distinction between state and federal powers is not always reflected in reality, as federal regulation has expanded significantly over time, resulting in overlapping areas of authority.
The Tenth Amendment has had a varied history in terms of its prominence in US Constitutional law. During the New Deal era, when the national government took on a more active role, the Tenth Amendment receded from view. It resurfaced briefly but then went underground again until 1992, when it reappeared seemingly to stay. Despite this, federalism remains robust in the United States, as demonstrated by the interplay of state and federal decisions in recognizing the federal constitutional right to same-sex marriage.
The Supreme Court has interpreted the Tenth Amendment as prohibiting the federal government from invading certain protected areas of state sovereignty, such as in the case of New York v. United States, where the Court held that the Tenth Amendment prevented Congress from enacting a plan for radioactive waste disposal that required states to assume responsibility within their borders. This interpretation upholds the principle of federalism by ensuring the federal government cannot "commandeer" state governments or force them to enforce federal law.
Constitutional Amendments: States' Rights and the US Constitution
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The 9th Amendment: unenumerated rights
The Ninth Amendment to the US Constitution, ratified on December 15, 1791, addresses the issue of unenumerated rights. It states that the enumeration of certain rights in the Constitution should not be interpreted as a denial or disparagement of other rights retained by the people. In other words, it clarifies that the Constitution is not an exhaustive list of citizens' rights and that unnamed or implied rights are also protected by law.
The inclusion of the Ninth Amendment was a response to concerns raised during the debates surrounding the Constitution's ratification. Anti-Federalists demanded a Bill of Rights, while Federalists argued that such a list could imply that those rights were the only ones citizens possessed. James Madison initially proposed that these rights be integrated into the original language of the Constitution. However, his proposals were eventually rephrased into a list of amendments, including the Ninth Amendment.
The Ninth Amendment has been invoked in Supreme Court cases, often alongside the Tenth Amendment and other provisions of the Bill of Rights, to challenge the constitutionality of government actions. One notable case is Griswold v. Connecticut in 1965, where the Court cited the Ninth Amendment and held that the Constitution protects penumbral rights of 'privacy and repose', barring states from prohibiting the use of contraception by married couples.
Despite this, the Court has generally treated the Ninth Amendment as a rule of construction rather than a freestanding guarantee of substantive rights. This interpretation sees the Amendment as a ''saving clause,', ensuring that the affirmation of specific rights does not imply the negation of those not expressly defined. This interpretation was reflected in the case of Richmond Newspapers v. Virginia, where the Court referred to the Amendment in this context.
The Ninth Amendment has also been a subject of debate and interpretation, with some arguing that it refers to "collective rights", while others contend it encapsulates every right expressed and implied by the Constitution, the Declaration of Independence, and various bills of rights from the Revolutionary period.
The Eighth Amendment: Ensuring Fair Punishment
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Frequently asked questions
The 10th Amendment emphasises that the inclusion of a bill of rights does not change the character of the national government. It states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people".
The 9th Amendment leaves the question of what rights Americans have for Americans themselves to answer. It was intended to protect unenumerated rights.
The 14th Amendment repealed the three-fifths clause of the original Constitution, which held that each enslaved person counted for three-fifths of a person. It also gave Congress the authority to create laws to enforce the amendment’s provisions, strengthening the federal government in relation to the states.
The 19th Amendment forbids the United States or any state from denying or abridging the right to vote to any citizen "on account of sex".
![Report : presented to the General Assemble at its January session, 1915. 1915 [Leather Bound]](https://m.media-amazon.com/images/I/61IX47b4r9L._AC_UY218_.jpg)
