Simone Lawson
The process of amending a constitution varies across jurisdictions. In the United States, for example, amendments are proposed and ratified before becoming operative, while in Japan, amendments are promulgated by the Emperor in the name of the people. Amendments can take the form of revisions to the previous text or be appended to the end of the main text as special articles. The United States Constitution has 27 amendments, the first 10 of which form the Bill of Rights. The lengthiest amendment to the US Constitution is Amendment XII, which superseded a portion of Article II, Section 1.
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What You'll Learn
The US Constitution has 27 amendments
The US Constitution is a foundational document that sets out the nation's fundamental laws and principles. It begins with the famous words, "We the People," and consists of a preamble, seven articles, and 27 amendments. The process of amending the Constitution is a rigorous two-step procedure, with amendments needing to be both proposed and ratified before becoming operative.
The first 10 amendments, collectively known as the Bill of Rights, were ratified on December 15, 1791. These amendments form the basis of many fundamental rights and freedoms that Americans enjoy today, including freedom of speech, religion, and the right to bear arms. They also set constraints on the powers of the government, such as prohibiting "unreasonable searches and seizures."
Over time, the Constitution has been amended to address various issues and evolving societal needs. For example, the 15th Amendment, ratified in 1870, granted all citizens the right to vote regardless of race, and the 19th Amendment, ratified in 1920, extended the right to vote to women. The 18th Amendment, known as the Prohibition Law, banned the manufacture and sale of alcohol, leading to the infamous era of bootleg liquor and speakeasies.
The most recent amendment, the 27th Amendment, was ratified in 1992. It deals with compensation for members of Congress and states that any change in salary for members of Congress will only take effect following the next election of representatives. This amendment is unique in that it was proposed in 1789 alongside the original Bill of Rights but took over 200 years to be ratified by enough states to become part of the Constitution.
The Tenth Amendment: States' Rights and the US Constitution
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The first 10 amendments are the Bill of Rights
The first ten amendments to the United States Constitution, ratified on December 15, 1791, form what is known as the Bill of Rights. The Bill of Rights was strongly influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties. James Madison wrote the amendments to limit government power and protect individual liberties.
The First Amendment prohibits Congress from making laws that establish a religion or impede the free exercise of religion, abridge the freedom of speech, abridge the freedom of the press, or infringe on the right to assemble peacefully and petition the government for redress of grievances. The Second Amendment states that "a well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." The Third Amendment states that "no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner prescribed by law."
The Fourth Amendment protects citizens' right to be free from unreasonable government intrusion in their homes by requiring a warrant for searches and seizures. The Fifth Amendment provides several protections for people accused of crimes, including the requirement that serious criminal charges be initiated by a grand jury, the prohibition on double jeopardy, the right against self-incrimination, and the protection against the taking of property without just compensation. The Sixth Amendment provides additional protections for those accused of crimes, including the right to a speedy and public trial, trial by an impartial jury, the right to confront witnesses, the right to one's own witnesses, and the right to be represented by a lawyer.
The Seventh Amendment extends the right to a jury trial in federal civil cases, while 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 mean that people do not have other rights that have not been enumerated. Finally, the Tenth Amendment asserts that the Federal Government only has the powers delegated to it by the Constitution, and that all other powers are reserved to the states or to the people.
Freedom of Religion: The Constitution's Sacred Amendment
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Article 1, Section 3 modified by the 17th amendment
The US Constitution, beginning with the famous first 52 words "We the People", is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments, ratified on December 15, 1791, form what is known as the "Bill of Rights".
Article 1, Section 3, of the US Constitution was modified by the 17th Amendment, which was passed by Congress on May 13, 1912, and ratified on April 8, 1913. This amendment introduced a significant change by allowing voters to directly elect their US senators. Before the 17th Amendment, senators were chosen by state legislatures, with each state legislature electing two senators to six-year terms. This system faced criticism in the late 19th century when some state legislatures became deadlocked due to differing party control, resulting in prolonged Senate vacancies. Additionally, special interests or political machines occasionally gained control over state legislatures, leading to concerns about the representation of private interests in the Senate.
The 17th Amendment states that the Senate of the United States shall be composed of two senators from each state, elected by the people of those states for six-year terms. Each senator is granted one vote. The amendment outlines the qualifications for electors, who must possess the qualifications requisite for electors of the most numerous branch of their state legislatures. In the event of Senate vacancies, the executive authority of the respective state is responsible for issuing writs of election to fill such vacancies. However, state legislatures may empower their executive to make temporary appointments until elections can be held as directed by the state legislature.
It's important to note that this amendment does not affect the election or term of any senator chosen before it became a part of the Constitution. This provision ensured a smooth transition and maintained the stability of the Senate during the implementation of this significant change.
Amendments: Constitution's Living Document
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Article III, Section 2 modified by 11th amendment
Article III, Section 2 of the Constitution, which was modified by the 11th Amendment, addresses the judicial power of the United States. The amendment states that the judicial power of the United States shall not include any suit in law or equity commenced or prosecuted against one of the United States by citizens of another state or foreign state. In other words, federal courts cannot hear cases brought by citizens of one state against another state. This amendment was passed by Congress on March 4, 1794, and ratified on February 7, 1795.
The 11th Amendment was a significant development in the structure of the United States government and the federal court system. By limiting the reach of federal judicial power, the amendment ensured that states could not be subjected to legal action by citizens of other states or foreign entities in federal courts. This amendment was a response to concerns about state sovereignty and the role of the federal government in resolving disputes between states and individuals from other states or countries.
The text of the 11th Amendment is relatively concise compared to other amendments, but its impact was substantial. It established an important boundary between federal and state jurisdiction in legal matters, highlighting the unique nature of the American federal system and the balance of power between the national government and the states.
The 11th Amendment also had implications for the development of the United States economy. By limiting the ability of citizens from one state to bring legal action against another state, it created a degree of protection for states and their economic activities from external legal challenges. This amendment contributed to the stability and autonomy of state governments in economic decision-making and policy implementation.
Furthermore, the 11th Amendment underscored the importance of federalism in the United States. Federalism, the concept of sharing power between a central government and state governments, is a fundamental aspect of the US political system. The amendment reinforced the principle that states retain certain sovereign powers and that the federal government's reach is limited in specific areas, such as judicial matters involving state-to-state disputes.
Amending the Fundamentals: Texas vs. US Constitutions
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Article II, Section 1 superseded by 12th amendment
The US Constitution's 12th Amendment, passed by Congress on December 9, 1803, and ratified on June 15, 1804, superseded a portion of Article II, Section 1. This amendment addressed the procedure for electing the president and vice president, replacing the original Electoral College process outlined in Article II, Section 1, Clause 3.
Under the original Electoral College procedure, each elector cast two electoral votes without distinguishing between votes for president and vice president. The 12th Amendment introduced a key change by requiring electors to cast separate votes for president and vice president. This amendment also addressed the scenario where the House of Representatives needed to hold a contingent election to select the president.
Article II, Section 1, Clause 3 of the Constitution initially guided the Electoral College's functioning. Each elector cast two electoral votes, but there was no distinction between votes for president and vice president. The person with the highest number of votes, provided they constituted a majority of the electors, became president. The candidate with the second-highest number of votes was then elected vice president.
The 12th Amendment was proposed to prevent potential deadlocks and ensure a clear process for electing the nation's leaders. It provided that if the House did not choose a president before March 4, the start of a presidential term, the vice president-elect would "act as President, as in the case of the death or other constitutional disability of the President." This amendment also maintained the prohibition on electors voting for two individuals from their own state, ensuring a diverse representation in the Electoral College.
In summary, the 12th Amendment superseded Article II, Section 1 by establishing distinct votes for president and vice president, providing a clear process for contingent elections, and outlining the role of the vice president-elect in cases where the House did not choose a president before the start of the presidential term. These changes contributed to the evolution of the Electoral College and the election process in the United States.
Amendment History: The 15th Amendment's Addition
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Frequently asked questions
I am unable to find information on which Constitutional Amendment has the most words.
There have been 27 amendments to the Constitution.
The first two words of the Constitution are "We the".
The first amendment to the Constitution is the Bill of Rights.
There are 52 words in the Preamble to the Constitution.
