An Overview of Constitutional Amendments
First Amendment
"Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or
of the press; or the right of the people peaceably to assemble, and to petition
the Government for a redress of grievances."
Proving to be one the most important and fundamental rights granted to the
people by the Constitution, the First Amendment allows for some of the most
basic freedoms to be respected by the law. Even though the First Amendment
rights are guaranteed by the Constitution, they have also been the subject of
interpretation by the Supreme Court in the actual application of the text into
law. Various Supreme Court cases have revolved around the interpretation and
application of the First Amendment in the United States and have provided for a
more strict definition of the scope of its purpose.
Second Amendment
"A well regulated Militia, being necessary to the security of a free
State, the right of the people to keep and bear Arms, shall not be
infringed."
Proven to be one of the most controversial among the Amendments made to the
Constitution, the Second Amendment gives the right to Americans to possess,
purchase, and own firearms for protection. In recent years, the interpretation
of the Constitutional text by gun rights activists and gun control supporters
has been one of the key issues regarding firearms in the United States.
Much debate has been directed to the clause regarding the
institution of a Militia, for such an application in today's terms seems to be
very vague. The issue has been met with a seemingly eternal deadlock between
both factions, garnering very little advance for either side on the topic.
Third Amendment
"No Soldier shall, in time of peace be quartered in any house, without the
consent of the Owner, nor in time of war, but in a manner to be prescribed by
law."
The Third Amendment is arguably the only one made to the Constitution that has
very little to no impact in today's United States. The Founding Fathers
included this provision as a reflection of the times in Colonial America, in
which the Quartering Act demanded that soldiers be offered quarters in private
dwellings without permission or consent of the owner. Though it was an obvious
attempt to deter tyrannical actions such as the abuse of British military
regarding the Quartering Act, the Third Amendment is considered to be obsolete
in current times. Even though the Third Amendment was the subject of a court
case in recent years, the application, as it was originally intended, has been
largely disregarded.
Fourth Amendment
"The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized."
The Fourth Amendment was added to the Constitution of the United States due to
the abuse of British military officials of conducting illegal searches and
seizures during the Revolutionary War. Though it was implemented as a direct
result of occurrences during that time period, the Fourth Amendment still
proves to be one of the most important rights granted to citizens that protect
them from the abuse of power from officials in positions of authority.
In the Supreme Court case of Mapp v. Ohio, the Supreme Court would
rule that the Fourth Amendment is to also apply to the States in accordance
with the provisions within the Fourteenth Amendment.
Fifth Amendment
"No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a Grand Jury, except in cases
arising in the land or naval forces, or in the Militia, when in actual service
in time of War or public danger; nor shall any person be subject for the same
offense to be twice put in jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of law; nor shall private property be
taken for public use, without just compensation."
The Fifth Amendment to the Constitution is one of the most important to be
included in the Bill of Rights. The provisions contained within protect
Americans from unfair abuse of power by Government officials or institutions in
the case of legal procedures.
Sixth Amendment
"In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district where
in the crime shall have been committed, which district shall have been
previously ascertained by law, and to be informed of the nature and cause of
the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence."
The Sixth Amendment provides for several protections and rights to any person
that has been arrested or is facing criminal charges or prosecution. Under the
Fourteenth Amendment, the Supreme Court has furthered extended the provisions
to also apply to the states per the Due Process clause. There are six distinct rights
and protections detailed within: Speedy trial, Public trial, Impartial jury,
Notice of accusation, Confrontation, and Counsel.
Seventh Amendment
"In Suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved, and no fact
tried by a jury, shall be otherwise re-examined in any Court of the United
States, than according to the rules of the common law."
The United States allows for the right to a jury trial in a civil trial setting
under certain circumstances under the Seventh Amendment. Unlike many of the Amendments
found in the Bill of Rights, the Supreme Court has not yet enforced the states
to adhere to these provisions as per the Fourteenth Amendment. The main purpose
behind the Seventh Amendment was to protect those faced with criminal charges
from judges. Even though the legislation is a reflection of judges that were
often corrupt and abused their power in those times prior to the Constitution,
it still remains relevant today.
Eighth Amendment
"Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted."
This Amendment to the Constitution protects the rights of criminals and allows
for a certain limit to the punishment that is incurred if found guilty of a
crime. Though the text itself does not provide for specific definitions
regarding to what extent a fine may be deemed "excessive" or what
constitutes a type of punishment as "cruel" or "unusual,"
these factors would be decided later in Supreme Court cases.
For the general purposes, any particular punishment that inflicts
an extraordinary amount of pain and can only be viewed as a form of torture
will be deemed as cruel and unusual. In terms of bail or fines, any amount that
would essentially render the individual incapable of supporting him/herself or
their immediate family or function in society is deemed as excessive.
Ninth Amendment
"The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people."
The Ninth Amendment was a concerted effort by the Founding Fathers to further
protect the citizens of the United States from the Government. Its inclusion
into law provided for rights to the people that were not necessarily or
strictly addressed in the Constitution, but should nevertheless, not be
infringed upon due to their exclusion. It was an attempt to make the listing of
the people's rights extremely concise and accessible, rather than providing for
an extensive listing of all the rights the people have under the Constitution.
It also prevents the Government from abusing its power and imposing restrictions
on those rights simply because that are not included in the text of the
Constitution. It has also been deemed to be important in interpreting the
Fourteenth Amendment regarding the limitations imposed on the states by the
Federal Government.
Tenth Amendment
"The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to
the people."
The Tenth Amendment is a reaffirmation of the Framers of the Constitution to
create a Federal Government for the United States. It provides for all of those
powers or authority not strictly vested in the national Federal Government and
not strictly restricted to the states, granted to the States or the people of
the United States.
In recent applications, the Tenth Amendment has been used in
relation to the Commerce Clause that has allowed for Congress to maintain
authority over certain aspects of commerce in order to provide for a stronger
central economy. Though the Tenth Amendment has rarely been used in terms of declaring
something as unconstitutional, it has been used in the interpretation of other Amendments,
as well as with respect to the extent of authority of the Federal Government.
Eleventh Amendment
"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 first of the Amendments to follow the Bill of Rights, the Eleventh
Amendment establishes the concept of a State's Sovereign Immunity. It protects
the states from being sued in a Federal court, and was a response to a Supreme
Court Case, Chisholm v. Georgia. The Eleventh Amendment also reinforced Article
3 of the Constitution, providing for a more precise definition of the judicial
branch's powers regarding cases between a state and another state's citizens.
The Eleventh Amendment also protects the States from being sued and held liable
for monetary damages or relief unless their consent is given.
Twelfth Amendment
"The Electors shall meet in their respective states, and vote by ballot
for President and Vice-President, one of whom, at least, shall not be an
inhabitant of the same state with themselves; they shall name in their ballots
the person voted for as President, and in distinct ballots the person voted for
as Vice-President, and they shall make distinct lists of all persons voted for
as President, and all persons voted for as Vice-President and of the number of
votes for each, which lists they shall sign and certify, and transmit sealed to
the seat of the government of the United States, directed to the President of
the Senate.
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.
The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.
The person having the greatest number of votes as Vice-President,
shall be the Vice-President, if such number be a majority of the whole number
of Electors appointed, and if no person have a majority, then from the two
highest numbers on the list, the Senate shall choose the Vice-President; a
quorum for the purpose shall consist of two-thirds of the whole number of
Senators, and a majority of the whole number shall be necessary to a choice.
But no person constitutionally ineligible to the office of President shall be
eligible to that of Vice-President of the United States."
Thirteenth Amendment
"Section 1. 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.
Section 2. Congress shall have power to enforce this article by appropriate
legislation."
The Thirteenth Amendment has proven to be one of the most important pieces of
legislation to be included in the United States Constitution. As the need to
abolish slavery in the United States became eminent, President Abraham Lincoln
issued the Emancipation Proclamation, which allowed for the freedom of slaves
throughout the Union. However, Lincoln along with other officials, believed
that the best way to enforce the abolishing of slavery was to include it as an Amendment
to the Constitution.
The Thirteenth Amendment would mark the first time in which
African-Americans would have their natural born rights as humans recognized in
this country by law.
Fourteenth Amendment
"Section 1. 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. No State shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property, without
due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
Fifteenth Amendment
"Section 1. 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.
Section 2. The Congress shall have power to enforce this article by appropriate
legislation."
The Fifteenth Amendment stated that race could not be used as a factor to deny
an individual the right to vote. Furthermore, it also prohibited any previous
condition regarding slavery or servitude from being used as a reason to deny
the right to vote to a person.
Even though the provisions of the Fifteenth Amendment extend to
all races, it is deemed to have been applied to African-Americans and previous
slaves in the United States. Though introduced into law, this Amendment would
be met by much opposition from previous slave owners, and particularly in the
Southern states.
Sixteenth Amendment
"The Congress shall have power to lay and collect taxes on incomes, from
whatever source derived, without apportionment among the several States, and
without regard to any census or enumeration."
The Sixteenth Amendment gives the expressed power of the taxation of income to
the Congress of the United States. This particular income tax would not be
subject or based on Census results and did not have to be apportioned among the
States themselves. Many opposed the provisions in the Sixteenth Amendment, for
many believed it would allow Congress too much power in taxation decisions, and
furthermore, give too much power to the Federal Government.
However, the reasoning for the Sixteenth Amendment derived out of an
overall consent regarding the economic power that many of the wealthy elite in
the United States had garnered over the years. A taxation on income would help
provide for a certain amount of control regarding the power and authority these
people had in the commercial world as well as on the national economy.
Seventeenth Amendment
"The Senate of the United States shall be composed of two Senators from
each State, elected by the people thereof, for six years; and each Senator
shall have one vote. The electors in each State shall have the qualifications
requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution."
Eighteenth Amendment
"Section 1. After one year from the ratification of this article the
manufacture, sale, or transportation of intoxicating liquors within, the
importation thereof into, or the exportation thereof from the United States and
all territory subject to the jurisdiction thereof for beverage purposes is
hereby prohibited.
Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress."
The Eighteenth Amendment prohibits the sale or usage of any beverage that
contains alcohol and can produce intoxication. The Eighteenth Amendment is the
only one to ever be repealed, which was done through the Twenty First
Amendment. The only type of alcohol that was permissible for use was that which
was used for religious occasions or purposes.
Nineteenth Amendment
"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.
Congress shall have power to enforce this article by appropriate legislation."
The Nineteenth Amendment can be said to be a result of the Women's Suffrage Movement that was occurring around the 1920s. Prior to this Amendment to the United States Constitution, women had not been granted the right to vote. It would be among the first pieces of legislation passed that would claim a victory for the Women's Rights Movement. It was originally proposed in 1918, with the support of President Woodrow Wilson, but would fail to be passed in the Senate by only three votes. The Nineteenth Amendment would not be ratified until 1920.
Twentieth Amendment
"Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission."
Twenty-First Amendment
"Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress."
The Twenty First Amendment to the Constitution would be the only one to be made to repeal a previous Amendment: the Eighteenth. Even though the Eighteenth Amendment had good intentions in place, it would actually lead to an increase in crime due to the illegal manufacture and transportation of alcohol and the rise of speakeasies.
Twenty-Second Amendment
"Section 1. No person shall be elected to the office of the President more
than twice, and no person who has held the office of President, or acted as
President, for more than two years of a term to which some other person was
elected President shall be elected to the office of the President more than
once. But this Article shall not apply to any person holding the office of
President when this Article was proposed by the Congress, and shall not prevent
any person who may be holding the office of President, or acting as President,
during the term within which this Article becomes operative from holding the
office of President or acting as President during the remainder of such term.
Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress."
Twenty-Third Amendment
"Section 1. The District constituting the seat of Government of the United
States shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.
Section 2. The Congress shall have power to enforce this article using appropriate legislation."
Even though the Twenty-Third Amendment would grant the citizens of the District of Columbia the right to vote in Presidential Elections, it still would not allow for them to send representatives to Congress.
Twenty-Fourth Amendment
"Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article
by appropriate legislation."
The Twenty Fourth Amendment is in response to certain actions that were being
taken by some states regarding voting practices that have their legacy dating
back to the time of the Fourteenth Amendment. When African-Americans and former
slaves obtained the right to vote, there were many unsatisfied individuals with
the new legislation. As a way to keep African-Americans from reaching the
polls, they implemented certain procedures, such as a poll tax, that would make
it extremely hard for them to be able to vote. This Amendment to the
Constitution makes such practices illegal in the United States.
Twenty-Fifth Amendment
"Section 1. In case of the removal of the President from office or of his
death or resignation, the Vice President shall become President.
Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office."
Twenty-Sixth Amendment
"Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
Section 2. The Congress shall have the power to enforce this article by appropriate legislation."
The Twenty-Sixth Amendment to the Constitution was adopted to an overwhelming response that resulted out of student activism protesting the United States' involvement in the Vietnam War. Many students believed that if they were old enough to fight in a war, then they certainly deserved the right to vote for Government officials in their country. Even though certain states held lower age requirements than the rest of the nation, the majority of states required that an individual be at least 21 years of age in order to vote.
Twenty-Seventh Amendment
"No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened."
The Twenty-Seventh Amendment implements a restriction of Congress members of increasing their wages upon them entering office. This would obviously reflect a conflict of interest, and a limit had to be made by passing legislation forbidding it. However, salary increases may still be made, but are not to be implemented until the next election term.
This Amendment actually has its roots dating back to the First Congress of the United States and was one of the original Amendments of what were to become the Bill of Rights. It remained unratified until 1992, when Alabama became the last necessary State to enact the proposed Amendment into law. It was a result of a student who wrote a paper on the subject which brought attention back to the forgotten unratified Amendment.
Related Topics
- An Overview of the 10th Amendment
- An Overview of the 11th Amendment
- An Overview of the 27th Amendment
- A Quick Overview on Filling of Vacancies
- Article 6
- The Importance of Constitutional Law
- Sixteenth Amendment to the United States Constitution
- Animal Welfare Act Text
- Dawes Act Text
- Judicial Review Overview