Bill of Rights
The Bill of Rights is the term assigned to the first 10 amendments to the U.S. Constitution. These amendments changed the structure of the Constitution to address the rights of citizens.
Figure 1, Preamble of the U.S. Constitution, National Archives, Wikimedia Commons
Basically, the Bill of Rights is a guarantee of the rights and civil liberties of individual citizens. In detailing this list of the protections conferred to American citizens, the Founders deliberately prevented the violation of power by the federal and state governments.
- FREEDOM OF SPEECH, PRESS, AND ASSEMBLY
- FREEDOM OF SELF-DEFENSE
- FREEDOM FROM THE FORCED HOUSING OF SOLDIERS
- FREEDOM FROM UNREASONABLE SEARCH AND SEIZURE WITHOUT WARRANTS
- FREEDOM AGAINST IMPROPER CRIMINAL PROCESS
- FREEDOM OF A SPEEDY COURT TRIAL
- FREEDOM OF A TRIAL BY JURY
- FREEDOM AGAINST CRUEL AND INHUMAN PUNISHMENT
- FREEDOM TO HAVE RIGHTS NOT LISTED IN CONSTITUTION
- FREEDOM OF THE STATES AND INDIVIDUALS TO HOLD POWERS NOT GIVEN TO THE FEDERAL GOVERNMENT
Amendment Process
Article V of the Constitution details two methods by which amendments can be proposed and two processes by which they can be endorsed or denied.
- Congress can, by a two-thirds vote of both the House and Senate, suggest amendments to the
Constitution, or, in response to an initiative from two-thirds of the state legislatures, must
call a convention to consider submitting amendments.
Regardless of whether Congress or a convention proposes amendments, they must be ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states.
All 27 amendments to the Constitution were initiated by Congress and only the 21st Amendment followed the state convention approach to evaluating amendments proposed by Congress.
Amendments 11-27
Since 1791, only 17 amendments have passed the hurdles of the amendment process.
Amendment | Year of Ratification | Description |
1 - 10 (Bill of Rights) | 1791 | guarantees individual and states' rights. |
11 | 1795 | state sovereign immunity protected. |
12 | 1804 | modified presidential election procedures. |
13- 15 (Reconstruction) | 1865, 1868, 1870 | banned slavery, detailed rights of citizens, and voting rights. |
16 | 1913 | provided for a federal income tax. |
17 | 1913 | direct election of U.S. Senators was established. |
18 | 1919 | Prohibition of alcohol. |
19 | 1920 | right to vote for women. |
20 | 1933 | changed terms of Congress and President |
21 | 1933 | repealed the 18th Amendment (Prohibition of alcohol) |
22 | 1951 | presidential term (2) limits established |
23 | 1961 | extended electoral College representation from Washington, D.C. |
24 | 1964 | banned poll taxes. |
25 | 1967 | presidential succession was clarified. |
26 | 1971 | voting age was lowered to 21 |
27 | 1992 | Congressional pay raises during the current term are prohibited. |
Figure 2, President Franklin Delano Roosevelt in 1933, Wikimedia Commons
22nd Amendment
The Constitution was amended to read, "No person shall be elected to the office of the President more than twice.." to limit the term of the President. After Franklin D. Roosevelt was successfully elected 4 times (1932, 1936, 1940, 1944), many sought a firm limitation on future presidential service. Although popularly re-elected during the Great Depression and World war Two, reformers wanted to formally restrict presidential popularity.
The amendment limits the president to a maximum of ten years as the individual can serve for less than two years of an un-elected term and then twice on their own. The concept of a "lame duck" president has expanded since the amendment as the second term signals an immediate race for the next chief of the executive branch.
Timeline of Constitutional Amendments
The U.S. Constitution was deliberately planned and slowly modified throughout America's history. The Constitutional Convention began in Philadelphia, Pennsylvania in May of 1787. The Constitution was ratified in June 1788 and the established government began in March 1789. Deliberations on a Bill of Rights continued as part of the original debate over the size and scope of the federal government.
1791 (1-10) Bill of Rights
1795 (11th)
1804 (12th)
1865 (13th)
1868 (14th)
1870 (15th)
1913 (16th, 17th)
1919 (18th)
1920 (19th)
1933 (20th, 21st)
1951 (22nd)
1961 (23rd)
1964 (24th)
1967 (25th)
1971 (26th)
1992 (27th)
The last two amendments were record-setters:
The 26th amendment took the shortest time to ratify in only 100 days.
On the other side was the last amendment - the 27th - which took 202 years to ratify!
Amendments Ratified after the Bill of Rights
Since the first ten amendments were added to the Consitution, the challenging process to amend this crucial document has been undertaken frequently but completed sparingly. The impact of the amendments has had far-reaching effects on the United States.
Impact of Amendments
Each Amendment to the Constitution garnered enough widespread support nationally and at the state level to reach the bar for adoption. The impact of some was minor in terms of government structure and operations whereas others have had dramatic impacts on American life and the rights of its citizens.
11th Amendment
The Eleventh Amendment restricts the federal courts from hearing certain lawsuits against states. This has been interpreted to mean that state courts do not have to review particular lawsuits against the state when federal law is involved in the case.
12th Amendment
The Electoral College process was detailed ensuring electors' votes (2) were cast for a presidential AND vice-presidential candidate which had not been specified previously.
Reconstruction Amendments
After the Civil War, the demise of slavery impacted the Constitution.
13th Amendment
Immediately following the Civil War, the amendment banned slavery. The amendment was passed by Congress during the war following the Emancipation Proclamation but not ratified by the states until months after the end of hostilities. This was the first of three Reconstruction-era Amendments.
14th Amendment
One of the most-referenced amendments after the Bill of Rights, the rights of citizens and equal protection under the law is detailed. The text has shaped the outcome of many landmark Supreme Court cases including Brown v. Board, Roe v. Wade, and numerous others.
Terms and Taxes Amendments
New amendments provided for federal revenue and modified terms of office.
16th Amendment
One of the most impactful on federal and personal finances, this amendment allowed the federal government to collect income taxes.
20th Amendment
This amendment reduced the time between federal elections and the start of terms from March to January.
25th Amendment
Clarified the process and figure of presidential succession, presidential inability, and vice-presidential vacancy.
27th Amendment
This amendment was resurrected from the ratification graveyard to prevent Congress from voting themselves a pay raise that would go into effect during the current term. Credit is given to a 19-year-old student who exposed the failed ratification of this amendment at the time of the Bill of Rights could still be completed centuries later.
The Prohibition Amendments
The legality of alcoholic beverages had far-reaching impacts on social and economic life in America.
18th Amendment
The 18th Amendment was passed in Congress and was ratified in 1919, instituting a period known as Prohibition. After one year, the manufacture, distribution, and sale of alcoholic beverages became illegal.
21st Amendment
A period of increased crime and protest led to the ratification of the 21st Amendment; repealing the 18th in 1933. This was the only time an amendment was passed to nullify another amendment and the only time the state ratifying procedure was used to ratify an amendment.
Amendments and Voting Rights
The Constitution as originally written did not enumerate voting rights for citizens. The rights and protections of voters have included more citizens through the amendment process.
The Voting Rights Amendments
Amendments that expanded voting rights augmented the electorate.
15th Amendment
The final Reconstruction Amendment proclaimed, "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." Federal discrimination on the basis of race or previous slave status was prohibited."
17th Amendment
The ability to vote for one's two U.S. Senators was granted to state citizens,, rather than state legislatures.
19th Amendment
This massive suffrage win expanded federal voting rights for women 21 and older. "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex." The size of the electorate increased dramatically, although many states previously extended voting rights to women.
23rd Amendment
Electoral College representation was extended to the District of Columbia, allowing residents to vote in presidential elections.
24th Amendment
This civil rights amendment prohibited Congress or the states from imposing a poll tax or fee to vote in federal elections.
26th Amendment
The 26th Amendment lowered the voting age in elections to 18 from 21. “Old enough to fight, old enough to vote”, was a youth voting slogan used to help justify the amendment to the Constitution. The movement gained strength during the 1960s and included a major Supreme Court challenge in 1970 - Oregon v. Mitchell.
Figure 3, Nevada ratification of the 19th Amendment, Wikimedia Commons.
Amendments After the Bill of Rights - Key takeaways
- The Constitution set out a challenging path to amend the structure of the federal government.
- The first 10 amendments to the Constitution expand individual rights and are known as the Bill of Rights.
- Only 17 amendments have been ratified since the Bill of Rights in 1791.
- Many of the amendments expand voting rights, Congressional terms, Presidential succession, and terms.
- One amendment (21st) has been used to repeal another amendment (18th), with the ban on alcohol in question.
References
- Fig. 1, Preamble of the U.S. Constitution (https://commons.wikimedia.org/wiki/Category:Preamble_to_the_United_States_Constitution#/media/File:Constitution_of_the_United_States,_Preamble.png) by Constitutional Convention - U.S. National Archives and Records Administration (https://commons.wikimedia.org/wiki/Commons:National_Archives_and_Records_Administration) In Public Domain.
- Fig. 3, President Franklin Delano Roosevelt (https://commons.wikimedia.org/wiki/Category:Portraits_of_Franklin_Delano_Roosevelt#/media/File:Franklin-roosevelt.JPG) by F.D.R. Library, In Public Domain (https://commons.wikimedia.org/wiki/File:Franklin-roosevelt.JPG)
- Fig. 4, Nevada ratification of the 19th Amendment (https://commons.wikimedia.org/wiki/File:Governor_Ernest_D._Boyle_of_Nevada_signing_the_Oklahoma_ratification_of_the_19th_amendment_on_Feb_7,_1920.jpg) by Unknown Author. In Public Domain
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