Isabella Carter
The US Constitution, beginning with the words We the People, is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments, ratified on December 15, 1791, are known as the Bill of Rights. Since the US Constitution was put into operation on March 4, 1789, 33 amendments have been proposed by the US Congress and sent to the states for ratification. Of these, 27 have been ratified by the requisite number of states and are now part of the Constitution.
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What You'll Learn
The first 10 amendments, the Bill of Rights
The first ten amendments to the US Constitution, collectively known as the Bill of Rights, were ratified on December 15, 1791. The amendments were written by James Madison as a solution to limit government power and protect individual liberties.
The First Amendment protects the freedom of religion, speech, and press, as well as the right to peaceably assemble and petition the government. The Second Amendment protects the right to keep and bear arms. The Third Amendment prohibits the quartering of soldiers in civilian homes without consent. The Fourth Amendment protects citizens' privacy and requires a warrant for any search and seizure.
The Fifth Amendment provides several protections for people accused of crimes, including the right to a grand jury, protection against double jeopardy, protection against self-incrimination, and the right to due process of law. The Sixth Amendment provides additional protections for the accused, including the right to a speedy and public trial, an impartial jury, and the right to confront witnesses. The Seventh Amendment extends the right to a jury trial in Federal civil cases.
The Eighth Amendment prohibits excessive bail and fines and cruel and unusual punishment. The Ninth Amendment states that the listing of specific rights in the Constitution does not deny other rights retained by the people. The Tenth Amendment affirms that powers not delegated to the federal government by the Constitution are reserved for the states or the people.
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The 13th, 14th and 15th amendments, the Reconstruction Amendments
The 13th, 14th, and 15th Amendments to the US Constitution, also known as the Reconstruction Amendments or Civil War Amendments, were adopted between 1865 and 1870, in the five years immediately following the American Civil War. These amendments were essential to reuniting the United States during Reconstruction, and the confederate states were required to ratify the 13th and 14th Amendments to be readmitted to the Union.
The 13th Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. It was passed by the US Senate on April 8, 1864, and by the House on January 31, 1865, after one unsuccessful vote. The 13th Amendment was swiftly ratified by all but three Union states: Delaware, New Jersey, and Kentucky.
The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law. It guarantees birthright citizenship, ensuring that all persons born or naturalized in the US are citizens of the country and the state in which they reside. It also includes the Due Process Clause, which states that no person shall be deprived of life, liberty, or property without due process of law. The 14th Amendment was bitterly contested, especially by Southern states, which were forced to ratify it to return their delegations to Congress.
The 15th Amendment, proposed in 1869 and ratified in 1870, prohibits discrimination in the voting rights of citizens based on "race, color, or previous condition of servitude." It expanded voting rights by ensuring that the right to vote could not be denied based on race or previous servitude.
Together, the Reconstruction Amendments provided the constitutional basis for enforcing and implementing Reconstruction and passing federal legislation such as the Civil Rights Acts of 1866 and 1875 and the Enforcement Acts of 1870-71. They were intended to guarantee the freedom and certain civil rights of formerly enslaved people, addressing issues related to their treatment after the Civil War.
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The 21st amendment, repealing prohibition
The 21st Amendment to the US Constitution, ratified in 1933, repealed the 18th Amendment and brought an end to the prohibition of alcohol. The 18th Amendment, which had been ratified in 1919, had made the manufacture, distribution, and sale of alcoholic beverages illegal. However, it proved to be highly unpopular, and a political movement for its repeal grew.
The 21st Amendment is unique in two ways. Firstly, it is the only amendment to explicitly repeal an earlier one. Secondly, it is the only amendment to be ratified by state ratifying conventions, rather than the more common method of state legislatures. The amendment was proposed by Congress on February 20, 1933, and was ratified on December 5, 1933, when Utah's state convention unanimously ratified it.
The 21st Amendment brought an end to prohibition and returned the regulation of alcohol to the states. Section 2 of the amendment gives states the power to regulate the sale, manufacture, and transportation of alcohol within their borders. This has been the subject of several Supreme Court decisions, as states have argued for their authority to regulate these areas under the Commerce Clause and the Dormant Commerce Clause.
The end of prohibition was thought to have created around half a million jobs. However, it also led to an increase in alcohol consumption and the development of an underground market for alcoholic beverages. This, in turn, led to the growth of organized crime organizations, such as the Chicago Outfit led by Al Capone, which were able to bribe businesses, political leaders, and police departments with illegal alcohol.
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The 27th amendment, Congressional Compensation
The 27th Amendment, also known as the Congressional Compensation Amendment, is one of the most unique amendments to the US Constitution. It was ratified on May 7, 1992, over two hundred years after it was first proposed in 1791, making it the most recent addition to the Constitution.
The 27th Amendment addresses the issue of Congressional compensation, aiming to prevent corruption in the Legislative Branch. It states that "no law varying the compensation for the services of the Senators and Representatives shall take effect until an election of Representatives shall have intervened". In simpler terms, this amendment ensures that any changes to the salary of Congress members cannot take effect until after the next election. This means that Congress members cannot receive a pay raise or have their salaries decreased until after the next election, when they may be voted out of office.
The idea behind this amendment was to prevent members of Congress from abusing their power to set their own pay and to provide a check on their ability to do so. This addresses concerns raised during the ratification of the original Constitution, which took effect in 1789, about the absence of an intervening electoral check on Congress's power to determine their compensation. Several state conventions at the time recommended amendments to address this issue.
The 27th Amendment's long journey to ratification began with its proposal in 1791. It faded from memory until 1982 when Gregory Watson, a student at the University of Texas at Austin, wrote an essay arguing that it was still relevant and could be added to the Constitution. Watson's campaign gained traction, and by 1992, enough states had ratified the amendment for it to become part of the Constitution.
Despite its ratification, the 27th Amendment has faced little litigation and has had a limited impact on Congressional compensation. Federal courts have determined that it does not apply to cost-of-living adjustments, allowing for fluctuations in salary to meet these requirements. Nonetheless, the amendment stands as a testament to the enduring nature of the US Constitution and the ability of citizens to effect change.
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The unratified amendments
The US Constitution has 27 amendments, with 33 amendments proposed since 1789. Six amendments have been adopted by Congress and sent to the states but have not been ratified by the required number of states. Four of these amendments are still pending, one has failed by its own terms, and one has failed by the terms of the resolution proposing it.
The process of amending the US Constitution is detailed in Article Five of the Constitution. Amendments must be properly proposed and ratified before becoming operative. This can be done through a two-thirds majority vote in both the Senate and House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures.
The last time an amendment proposal gained the necessary two-thirds support in both the House and the Senate was in 1978, with the District of Columbia Voting Rights Amendment. However, it was not ratified by the required number of states and remains pending.
The Twenty-first Amendment, ratified in 1933, is the only amendment to repeal an earlier one. It repealed the Eighteenth Amendment, which established the prohibition of alcohol.
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Frequently asked questions
There have been 27 amendments to the US Constitution.
The first 10 amendments are known as the Bill of Rights.
The twenty-first amendment, ratified in 1933, repealed the prohibition of alcohol established by the eighteenth amendment.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.
