Jonah Patel
The US Constitution has been amended 27 times since its adoption in 1787. The 27th Amendment, which underwent the longest ratification process in American history, took more than 200 years to be ratified. The 42nd Amendment to the Indian Constitution, also known as the 'Mini Constitution', is considered the largest constitutional amendment as it brought about significant changes to the constitution.
| Characteristics | Values |
|---|---|
| Name of Amendment | 27th Amendment |
| Time Taken for Ratification | 202 years |
| Year of Ratification | 1992 |
| Number of Amendments Proposed | 12 |
| Number of Amendments Ratified | 10 |
| Number of States Required for Ratification | 9 |
| Number of States that Ratified | 6 |
| Purpose | To minimize possible corruption in Congress by preventing Congress from giving itself raises |
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What You'll Learn
The 27th Amendment: longest ratification process
The 27th Amendment to the U.S. Constitution, which underwent a unique and prolonged ratification process, spanning over two centuries. Proposed by James Madison, the 27th Amendment was one of the first 12 Constitutional amendments ever written, addressing Congressional pay. Madison sought to prevent Congress from arbitrarily increasing their salaries during their terms, without the input of their constituents.
In 1789, Congress sent the package of 12 amendments to the states for ratification. For an amendment to be added to the Constitution, it required ratification by three-fourths of the state legislatures, or 9 out of 11 states at the time. By 1791, ten of the twelve amendments had been ratified by the states and were incorporated into the Constitution as the Bill of Rights. However, only six states had ratified the Congressional pay amendment, and over the next 186 years, only two additional states approved it.
The prolonged ratification process of the 27th Amendment can be attributed to several factors. Firstly, the number of states required for ratification increased over time as new states joined the Union, making it more challenging to reach the necessary three-fourths majority. Secondly, there may have been a lack of urgency or attention given to this particular amendment, causing it to languish for many years.
It wasn't until 1992 that the 27th Amendment was finally ratified. This renewed interest in the amendment was sparked by the discovery that Kentucky had actually ratified it in 1792, making it the seventh state to do so. With this development, the amendment only needed one more state for ratification. Michigan became that final state in 1992, and the amendment was officially added to the Constitution.
The 27th Amendment is a testament to the enduring nature of the Constitutional amendment process, even if it takes over two centuries. It serves as a reminder that the principles of governance and checks and balances outlined in the Constitution are paramount and can be revisited and ratified even after extended periods.
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The 16th Amendment: longest time pre-1900
The 16th Amendment to the United States Constitution, which established Congress's right to impose a federal income tax, is notable for being the longest-serving amendment pre-1900. The amendment was passed by Congress on July 2, 1909, and ratified on February 3, 1913.
The 16th Amendment changed a portion of Article I, Section 9 of the Constitution, which previously stated that Congress could not impose a tax on incomes without apportioning the sum among the states according to population. The amendment granted Congress the power to levy an income tax without such apportionment, marking a significant shift in the country's tax policies.
The passage of the 16th Amendment was influenced by several factors between 1909 and 1913. High inflation during this period led to widespread criticism of federal tariffs as a cause of rising prices. The political landscape was also favourable, with the Democratic Party advocating for an income tax and the Republican Party weakened by internal divisions. The progressive wing of the Republican Party, along with groups like the Populist Party, had long supported the idea of a progressive income tax at the federal level.
The amendment's ratification process was completed by Secretary of State Philander C. Knox, who certified on February 25, 1913, that it had been ratified by the requisite number of state legislatures, with a total of 42 states ultimately ratifying the amendment. This certification marked the official inclusion of the 16th Amendment into the Constitution, overturning the Pollock decision and restoring the ability of Congress to impose an income tax.
The 16th Amendment had far-reaching social and economic impacts, and its passage demonstrated the complex interplay between political ideologies, economic conditions, and the power dynamics between different levels of government in the United States.
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The 14th Amendment: two-year ratification
The 14th Amendment to the United States Constitution, also known as Amendment XIV, is one of the most significant and consequential amendments. It was passed by Congress on June 13, 1866, and ratified on July 9, 1868, by the necessary 28 out of 37 states, becoming an integral part of the supreme law of the land. This amendment stands out for its length and its critical role in extending liberties and rights granted by the Bill of Rights to formerly enslaved people, ensuring equal protection under the law, and addressing citizenship rights.
The 14th Amendment came about as a response to issues impacting freed slaves following the Civil War. Its main objectives were to guarantee equal civil and legal rights to Black citizens and to grant citizenship to "all persons born or naturalized in the United States." This amendment was bitterly contested, especially by the states of the defeated Confederacy, who were required to ratify it to regain representation in Congress. The first 28 states to ratify the amendment were not without drama, as New Jersey and Oregon initially ratified but later rescinded their ratification before re-ratifying in 2003 and 1973, respectively.
The amendment has had a profound impact on Supreme Court decisions, forming the basis for landmark cases such as Brown v. Board of Education (1954), which prohibited racial segregation in public schools, Loving v. Virginia (1967), which ended interracial marriage bans, and Roe v. Wade (1973), which recognized abortion rights. Additionally, it played a role in the Nineteenth Amendment's ratification in 1920, prohibiting the denial of voting rights based on sex.
The 14th Amendment's first section has been one of the most litigated parts of the Constitution. Congressman John A. Bingham of Ohio, the primary author of this section, intended to nationalize the Bill of Rights by making it binding upon the states. However, historians disagree on how widely shared this view was at the time. The amendment's impact on voting rights has been a subject of debate, as Section 2 recognizes the voting rights of male citizens aged 21 and older, which was challenged in Minor v. Happersett (1875).
Overall, the 14th Amendment's two-year ratification process was a critical period in American history, solidifying the rights of formerly enslaved individuals and shaping the country's legal landscape for years to come.
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The 22nd Amendment: two-term presidency limit
The 22nd Amendment to the US Constitution, also known as Amendment Twenty-two, imposes a two-term limit on the presidency. It states that "no person shall be elected to the office of the President more than twice". Additionally, it outlines that no person who has served as President for more than two years of another President's term can be elected to the office more than once.
The 22nd Amendment was ratified on February 27, 1951, after almost four years of deliberation. This amendment was a response to the unprecedented situation of Franklin D. Roosevelt, who was elected president four times from 1932 to 1944. Roosevelt's multiple terms highlighted the need for a formal term limit on the presidency.
The idea of term limits for elected officials has been a topic of debate since the early days of the US Constitution. Initially, under the Articles of Confederation, there was no office of the President, as legislative and executive powers were held by Congress. When the role of President was established, there were differing opinions on how long an individual should hold the office. Alexander Hamilton and James Madison envisioned a president nominated by Congress and serving for life, while others proposed term limits.
The 22nd Amendment was proposed by the House of Representatives as Joint Resolution 27, which called for a two-term limit, with each term lasting four years. The amendment was then approved by the Senate and sent to the states for ratification. Since its ratification, all subsequent presidents have adhered to the two-term limit.
The amendment includes a provision stating that it "shall be inoperative" unless ratified by three-fourths of the state legislatures within seven years of its submission to the states. This condition was met, solidifying the two-term presidency limit as a fundamental aspect of American democracy.
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The 42nd Amendment: India's 'Mini Constitution'
The 42nd Amendment Act, 1976, is considered one of the most remarkable amendments to the Constitution of India, 1950. It is often referred to as the "Mini-Constitution" due to the large number of amendments it introduced to the Constitution.
The 42nd Amendment Act amended the Preamble to the Constitution, 40 Articles, and the Seventh Schedule, and added 14 new articles and two new parts to the Constitution. The words "socialist" and "secular" were added to the Preamble, and the phrase "unity of the nation" was changed to "unity and integrity of the nation". The Amendment Act also introduced necessary clauses that allowed for the suspension of fundamental rights in times of need. For instance, Article 358 of the Constitution could suspend the rights given by Article 19 without any special notice during an external emergency.
The Amendment Act extended the President's rule in a state from six months to one year and curtailed the High Courts' judicial review power. It provided for the creation of the All-India Judicial Service and introduced Articles 323A and 323B, dealing with tribunals for administrative and other matters, respectively. The Amendment Act also impacted the education, forests, protection of wild animals and birds, weights and measures, and administration of justice sectors, moving them from the State list to the Concurrent list.
The 42nd Amendment Act is considered the most controversial constitutional amendment in Indian history, as it attempted to reduce the power of the Supreme Court and High Courts and gave sweeping powers to the Prime Minister's Office. It also transferred power from state governments to the central government, eroding India's federal structure. The Amendment's 59 clauses stripped the Supreme Court of its powers and moved the political system towards parliamentary sovereignty.
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Frequently asked questions
The 27th Amendment, which prevents Congress from giving itself a raise without an election, took over 200 years to be ratified.
The Bill of Rights, consisting of the first 10 amendments, took 811 days to be ratified and became part of the Constitution on December 15, 1791.
The 42nd Amendment Act of 1976, enacted during a National Emergency, is known as the 'Mini Constitution' as it carried out major changes to the Indian Constitution.
The 16th Amendment, which permitted an income tax, took the longest time up to 1865—1,302 days, more than three years.
