Amendments After the Bill of Rights

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.

Amendments 11-27

Since 1791, only 17 amendments have passed the hurdles of the amendment process.

Figure 2, President Franklin Delano Roosevelt in 1933, Wikimedia Commons

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)

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.