Jonah Patel
The process of amending the US Constitution is outlined in Article V of the Constitution. Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate, or two-thirds of state legislatures can request a constitutional convention. An amendment becomes part of the Constitution when it is ratified by three-quarters of the states. There have been 27 amendments to the Constitution, including the Bill of Rights, which comprises the first 10 amendments.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | The Bill of Rights |
| Date of Ratification of the Bill of Rights | December 15, 1791 |
| Article Modified by Amendment XI | Article III, section 2 |
| Date Amendment XI Passed by Congress | March 4, 1794 |
| Date Amendment XI Ratified | February 7, 1795 |
| Article Superseded by the 13th Amendment | Article IV, section 2 |
| Article Modified by Section 2 of the 14th Amendment | Article I, section 2 |
| Date the 18th Article of Amendment was Repealed | December 5, 1933 |
| Section Superseded by the 20th Amendment | Section 3 |
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What You'll Learn
The Bill of Rights
The Tenth Amendment further reinforces the limits on the federal government's power by stating that any powers not delegated to the United States by the Constitution are reserved for the states or the people. This was an important addition, as Federalists advocated for a strong national government, while Anti-Federalists wanted to ensure that individual liberties were protected.
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Article III, Section 2 modified
Article III, Section 2 of the United States Constitution outlines the scope of the judicial branch's power. It states that the judicial power extends to all cases in law and equity that arise under the Constitution, laws of the United States, and treaties made under their authority. This includes cases involving ambassadors, public ministers, and consuls, as well as those related to admiralty and maritime jurisdiction.
Article III, Section 2 also grants the Supreme Court original jurisdiction in cases affecting ambassadors, public ministers, and consuls, as well as those in which a state is a party. This means that these types of cases can be heard directly by the Supreme Court, rather than needing to work their way up through lower courts.
The interpretation of Article III, Section 2 has been further clarified by Supreme Court decisions. Notably, in the 1803 case of Marbury v. Madison, Chief Justice John Marshall interpreted Article III and Article VI to give federal courts the final say in interpreting the Constitution and federal laws. This decision affirmed the power of judicial review, solidifying the role of the federal courts in checking the other branches of government and ensuring compliance with the Constitution.
The process of amending the Constitution is outlined in Article V. Amendments can be proposed by a two-thirds majority vote in both houses of Congress or by a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. This process has been administered by the National Archives and Records Administration (NARA), with the Archivist of the United States playing a key role in certifying the validity of amendments.
The United States Constitution has been amended 27 times, with the first 10 amendments, collectively known as the Bill of Rights, being ratified in 1791. These amendments have played a crucial role in shaping the nation's laws and protecting the rights of its citizens. While Article III, Section 2 has not been formally amended, its interpretation and application have been refined through judicial decisions, highlighting the dynamic nature of constitutional law.
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Prohibition
The Eighteenth Amendment to the United States Constitution, ratified in 1919, established the prohibition of alcohol in the country. The amendment was proposed by Congress on December 18, 1917, and ratified by the requisite number of states (36 of 48) on January 16, 1919. It prohibited the manufacture, sale, and transportation of intoxicating liquors for beverage purposes, although it did not outlaw the consumption of alcohol.
The Eighteenth Amendment emerged from the organized efforts of the temperance movement, which attributed societal problems to alcohol and led campaigns at the local, state, and national levels to combat its manufacture, sale, distribution, and consumption. The movement argued that a ban on alcohol would ameliorate poverty and other societal issues. Many state legislatures had already enacted statewide prohibition before the ratification of the Eighteenth Amendment, and by 1916, 23 of 48 states had passed laws against saloons, with some even banning alcohol production.
The amendment was also influenced by religious coalitions that linked alcohol consumption to immorality and criminality. With the advent of World War I, these groups further associated drinking alcohol with unpatriotic citizenship. The Woman's Christian Temperance Union was another driving force behind the amendment, and churches played a significant role in gaining support, amassing 6,000 local societies across several states.
To enforce the Eighteenth Amendment, Congress enacted the National Prohibition Act, commonly known as the Volstead Act. This act provided for the federal enforcement of Prohibition and defined the terms and methods of enforcement. However, the act was largely unsuccessful, as it failed to prevent the mass distribution of alcoholic beverages and inadvertently led to a significant increase in organized crime. The public's appetite for alcohol remained strong, and the existence of bootlegging, speakeasies, and distilling operations further challenged the effectiveness of the amendment.
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Abolition of slavery
The 13th Amendment to the U.S. Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States. The amendment states that "neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
Prior to the 13th Amendment, slavery was sparingly mentioned in the Constitution. The Three-Fifths Compromise, mentioned in Article I, Section 2, Clause 3, was the only reference to the way enslaved persons were to be regarded by the federal government, considering them as "three-fifths" of a fully free citizen for representation purposes in the House of Representatives. The Fugitive Slave Clause, located in Article IV, Section 2, further asserted that a slave remained a slave even if they fled to a non-slavery state.
The road to the abolition of slavery in the U.S. was a long and tumultuous one. Between 1777 and 1804, every Northern state provided for the immediate or gradual abolition of slavery, while no Southern state did so, leading to growing tensions between the North and South. The Southern states argued that slaves were property and could be moved to new territories. The 1820 Missouri Compromise admitted Missouri as a slave state and Maine as a free state, preserving a balance in the Senate. However, the Compromise was struck down by the 1857 Dred Scott decision.
In 1860, Abraham Lincoln, who opposed the expansion of slavery into Western territories, was elected president. This led to the Southern states seceding from the Union and forming the Confederate States of America, sparking the American Civil War. During the war, Lincoln issued the Emancipation Proclamation on September 22, 1862, with effect from January 1, 1863, declaring all persons held as slaves within any state in rebellion against the U.S. to be "forever free." However, the Proclamation did not end slavery nationwide as it only applied to areas of the Confederacy in rebellion and not to the border states that remained in the Union.
Lincoln recognized that a constitutional amendment was necessary to guarantee the abolishment of slavery. The 13th Amendment was passed by the Senate in April 1864 but initially failed in the House. It was finally passed by Congress on January 31, 1865, and ratified by the required number of states (27 out of 33) on December 6, 1865, marking a significant moment in American history and a crucial step towards expanding civil rights for Americans.
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Citizenship
The 14th Amendment to the US Constitution, ratified in 1868, is one of the nation's most important laws relating to citizenship. It was passed by Congress in 1866 and resolved issues regarding the status of newly freed African Americans after the abolishment of slavery in 1865. The 14th Amendment established birthright citizenship, stating 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 marked a significant shift in American identity, as it provided a clear and uniform rule for citizenship across the nation, ensuring that anyone born in the US is a citizen, regardless of race.
Prior to the 14th Amendment, the Constitution did not provide a set definition of citizenship, allowing states to set their own criteria, often based on race. The amendment was specifically intended to repeal the Dred Scott decision, which ruled that a Black man generally could not be a US citizen and had no rights that white people were bound to respect. By overturning this decision, the 14th Amendment affirmed that birthright was the primary determinant of citizenship, rather than race or state-by-state determinations.
The Citizenship Clause of the 14th Amendment did not apply to Native Americans, who were not legally granted US citizenship until the Indian Citizenship Act of 1924. Additionally, the amendment's promise of equal citizenship rights for African Americans faced legal challenges and was undermined by racial segregation and voter suppression. Despite these challenges, the 14th Amendment provided a legal basis for African Americans and other groups to challenge discrimination and fight for equal rights and protections under the law.
The 14th Amendment also addressed equal protection under the law at all levels of government. It formed the basis for landmark Supreme Court decisions, such as Brown v. Board of Education, which prohibited racial segregation in public schools, and Loving v. Virginia, which ended interracial marriage bans. The amendment's focus on citizenship and equal protection rights has had a lasting impact on the interpretation and enforcement of civil rights in the United States.
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Frequently asked questions
The authority to amend the Constitution of the United States is derived from Article V of the Constitution.
Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures.
None of the 27 amendments to the Constitution have been proposed by constitutional convention.
The amendment is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the amendment in slip law format, along with an information package for the states.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). The OFR then drafts a formal proclamation for the Archivist to certify that the amendment is valid.
