Simone Lawson
The First Congress of the United States, led by Virginia representative James Madison, introduced the first constitutional amendments to the states for ratification in 1789. These amendments, known as the Bill of Rights, were proposed to address concerns about the lack of specific guarantees of individual rights in the Constitution. After much debate and revision, 12 amendments were agreed upon, 10 of which were ratified by 1791. These amendments continue to have a profound impact on the nation, shaping the relationship between the federal government and the states, as well as safeguarding fundamental freedoms and civil liberties.
| Characteristics | Values |
|---|---|
| Date of proposal of the first constitutional amendments | September 25, 1789 |
| Number of amendments proposed by the First Congress | 12 |
| Number of amendments ratified by 1791 | 10 |
| Name of the first 10 amendments | The Bill of Rights |
| Name of the person who introduced the first amendments | James Madison |
| Name of the state whose approval was won by Madison | Virginia |
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What You'll Learn
James Madison introduced the first amendments
James Madison, an elected member from Virginia of the First Congress's House of Representatives, introduced the first constitutional amendments to Congress in 1789. He proposed 19 amendments to address criticisms of the Constitution by Anti-Federalists, who objected to the lack of explicit protections for individual rights. The Senate consolidated and reduced these to 12 amendments, which were approved by Congress and sent to the states by President Washington in October 1789.
Madison, the chief author of the Bill of Rights and the First Amendment, was a strong advocate for religious, speech, and press freedoms. He initially opposed making a bill of rights a prerequisite for ratifying the Constitution, believing that "paper barriers" alone could not safeguard fundamental rights. However, a combination of political considerations and a shift in his perspective led to his active support for a federal bill of rights.
In a closely contested 1788 election for a seat in the First Congress against James Monroe, Madison pledged to back a bill of rights. He kept his promise and, in June 1789, introduced a series of proposed amendments that formed the core of what became the Bill of Rights. Madison's original 12 amendments included provisions to prevent Congress from granting itself pay raises and to ensure the representation of small constituencies in the House of Representatives as the population grew.
While some of Madison's ideas, such as the separation of powers clause, did not pass congressional review, many of his core concepts were incorporated into the ratified version of the Bill of Rights. His proposed amendments guaranteed certain liberties, such as freedom of conscience, freedom of the press, and the right to a jury trial in criminal cases, applying them to all states. Madison's efforts laid the foundation for the protection of individual liberties and the balance of powers in the United States Constitution.
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The Bill of Rights
James Madison, then a member of the U.S. House of Representatives, wrote the amendments as a solution to limit government power and protect individual liberties through the Constitution. Madison initially opposed the idea of creating a bill of rights, believing that the federal government did not have the power to take away people's rights. However, he later agreed to support adding a bill of rights and served as its author. He included the 9th Amendment, which states that the omission of a right from the Bill of Rights does not mean that the right does not exist.
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The 13th Amendment: abolition of slavery
The 13th Amendment to the U.S. Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery and prohibited involuntary servitude in the United States. The amendment was the culmination of a long struggle by abolitionists to end the practice of slavery, which had been a source of contention since the country's founding.
President Abraham Lincoln played a pivotal role in the lead-up to the 13th Amendment. On September 22, 1862, he first formally tied slavery to the Civil War in a pronouncement to his Cabinet. On January 1, 1863, he issued the Emancipation Proclamation, which declared that all slaves in Confederate states would be "forever free." However, the Proclamation had limited reach and did not end slavery nationwide. Lincoln recognised that a constitutional amendment was necessary to guarantee the abolishment of slavery.
In Congress, several representatives introduced amendments to end slavery. On December 14, 1863, Representative James Ashley of Ohio proposed an amendment to ban slavery across the United States. This was followed by a similar amendment introduced by James Wilson of Iowa later that month. On January 11, 1864, Missouri Senator John Henderson, a War Democrat, submitted a joint resolution calling for an amendment to end slavery.
The Senate passed the 13th Amendment on April 8, 1864, but the House initially struggled to gain the necessary two-thirds majority. It wasn't until February 18, 1865, that the House finally passed the amendment, with a vote of 119 to 56. The amendment was then submitted to the states for approval, and on December 6, 1865, Secretary of State William Seward announced that the necessary three-fourths of states had ratified it.
The 13th Amendment marked a significant step towards freedom and civil rights for African Americans in the United States, though the struggle for equal treatment and justice continued long after its ratification.
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The 14th Amendment: citizenship rights
The Fourteenth Amendment to the United States Constitution, which was passed by Congress on June 13, 1866, and ratified on July 9, 1868, addresses a range of citizenship rights and civil liberties. The amendment was introduced in the aftermath of the American Civil War to guarantee citizenship and equal protection under the law for African Americans, particularly the recently emancipated slaves.
The Citizenship Clause, also known as the "Subjects to the Jurisdiction" clause, is a key component of the Fourteenth Amendment. This clause establishes 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 provision overturned the Supreme Court's decision in Dred Scott v. Sandford (1857), which denied citizenship to people of African descent based solely on their race.
However, it's important to note that the Fourteenth Amendment does not grant universal birthright citizenship. There are specific exceptions outlined in the amendment. For example, it excludes children born to diplomatic representatives of foreign states, children of alien enemies in hostile occupation, and children of members of Indian tribes subject to tribal laws. Additionally, the citizenship of children born on vessels in US territorial waters or on the high seas is determined by the citizenship of their parents.
The Privileges or Immunities Clause of the Fourteenth Amendment prohibits states from creating laws that infringe upon the rights of US citizens. This clause ensures that citizens have the right to life, liberty, and property, and it protects their privileges and immunities. Furthermore, the amendment also includes the Equal Protection Clause, which states that no state shall deny any person within its jurisdiction the equal protection of the laws.
The Fourteenth Amendment has had a significant impact on civil rights and equality in the United States. It has been used to challenge discriminatory laws and practices, and it continues to shape legal interpretations of citizenship and civil rights.
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The 19th Amendment: women's right to vote
The 19th Amendment, which extended voting rights to women, was introduced in the U.S. Senate for the first time in 1878 by Senator Aaron A. Sargent of California, a women's suffrage advocate. The proposal, known as the Susan B. Anthony Amendment, was introduced in each Congress, unchanged, for the next four decades. However, it faced opposition and was rejected in 1887.
During this period, the women's suffrage movement was gaining momentum, with the formation of rival suffrage organisations in 1869: the National Woman Suffrage Association (NWSA), led by Elizabeth Cady Stanton and Susan B. Anthony, and the American Woman Suffrage Association (AWSA), led by Lucy Stone. Stanton and Anthony worked for a federal amendment, while Stone led the battle for the vote at the state level. Despite their efforts, suffrage bills introduced in state legislatures were largely disregarded and few came to a vote.
It wasn't until the United States' entry into World War I that public perception of women's suffrage began to shift. The National American Woman Suffrage Association, led by Carrie Chapman Catt, supported the war effort, arguing that women should be rewarded with enfranchisement for their patriotic wartime service. The National Woman's Party, led by Alice Paul and Lucy Burns, also played a significant role through marches, demonstrations, and hunger strikes.
On May 19, 1919, the final version of the bill was introduced in the House and referred to the House Committee on Woman Suffrage. On May 21, 1919, the House of Representatives approved the amendment, followed by the Senate on June 4, 1919. The amendment was then submitted to the states for ratification, achieving the required 36 ratifications by August 18, 1920, when it was added to the Constitution.
The 19th Amendment was a significant milestone in the decades-long movement for women's suffrage in the United States, and it empowered women across the country to participate in elections and hold office. However, some activists, like Alice Paul of the NWP, believed that more needed to be done to ensure equal rights for men and women. In 1921, Paul and Crystal Eastman drafted the Equal Rights Amendment, which guaranteed equal rights beyond voting, but it failed to gain sufficient support and never became law.
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Frequently asked questions
The First Congress of the United States proposed 12 amendments to the Constitution in 1789. Virginia representative James Madison introduced these amendments.
More than 11,000 amendments to the Constitution of the United States have been proposed, but only 27 have been ratified.
The first 10 amendments, known as the Bill of Rights, were ratified in 1791.
The first constitutional amendment passed by Congress was Amendment XI, which stated that the Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
The most recent constitutional amendment passed by Congress was the 27th Amendment, which was ratified in 1992, 203 years after it was first proposed.
