What is the only Constitutional Amendment to be passed utilizing a method other than the 1st?
Even earlier the U.S. Constitution was created, its framers understood that it would have to exist amended to confront hereafter challenges and conform and grow alongside the new nation. In creating the amendment procedure for what would become the permanent U.S. Constitution, the framers made constitutional reform easier—just not as well piece of cake.
According to Article V of the Constitution, an amendment must either be proposed by Congress with a two-thirds majority vote in both the Firm of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. Either way, a proposed amendment merely becomes part of the Constitution when ratified by legislatures or conventions in three-fourths of the states (38 of 50 states).
Since the Constitution was ratified in 1789, hundreds of thousands of bills accept been introduced attempting to amend it. But only 27 amendments to the U.S. Constitution accept been ratified, out of 33 passed by Congress and sent to u.s.a.. Under Article Five, states also take the option of petitioning Congress to phone call a constitutional convention if 2-thirds of state legislatures concord to do and then. This has never occurred, though country legislatures have passed hundreds of resolutions over the years calling for a ramble convention over problems ranging from a balanced budget to campaign finance reform.
Here is a summary of the 27 amendments to the Constitution:
First Amendment (ratified 1791)
In order to secure support for the Constitution amongst Anti-Federalists, who feared it gave likewise much ability to the national government at the expense of individual states, James Madison agreed to typhoon a Nib of Rights during the first session of Congress. Of these showtime 10 amendments, the Offset Amendment is arguably the about famous and most important. Information technology states that Congress can pass no law that encroaches on an American liberty of religion, liberty of speech, freedom of the press, freedom to assemble and freedom to petition the government. These cardinal rights of thought and expression go to the heart of the revolutionary idea of pop government, as envisioned in the Declaration of Independence.
Second Amendment (ratified 1791)
The text of the Second Amendment reads: "A well-regulated Militia, being necessary to the security of a free Land, the correct of the people to go along and bear Arms, shall not be infringed." During the Revolutionary State of war era, "militia" referred to groups of men who banded together to protect their communities, towns, colonies and eventually states.
Differing interpretations of the amendment accept fueled a long-running debate over the original intention of the Second Amendment. The crux of the debate is whether the amendment protects the correct of private individuals to keep and deport arms, or whether information technology instead protects a commonage right that should be exercised only through formal militia units. Those who argue it is a collective right point to the "well-regulated Militia" clause in the 2d Amendment. Gun rights supporters, every bit well equally Supreme Court decisions such as District of Columbia v. Heller (2008), have argued the Second Subpoena protects the correct of an private person to go along and acquit arms for the purposes of self defence.
Tertiary Amendment (ratified 1791)
This subpoena prohibits the quartering of militia in private homes in either war or peacetime without consent of the homes' owners. Every bit a reaction against past laws allowing British soldiers to take shelter in colonists' homes whenever they wanted, the 3rd Amendment doesn't announced to have much constitutional relevance today, as the federal regime is unlikely to enquire private citizens to house soldiers. The Supreme Courtroom has never decided a instance on the basis of the Third Subpoena, just information technology has referred to its protections in cases surrounding issues of property and privacy rights.
Fourth Amendment (ratified 1791)
The Fourth Amendment's guarantee of "the right of the people to exist secure in their persons, houses, papers and effects, against unreasonable searches and seizures" also grew directly out of colonial Americans' experiences prior to the Revolutionary State of war. Most notably, British authorities fabricated use of general warrants, which were courtroom orders that allowed regime officials to acquit searches basically without limitations. Beginning in the 20th century, with the growth in power of federal, state and local law enforcement, the Fourth Amendment became an increasingly mutual presence in legal cases, limiting the power of the police to seize and search people, their homes and their property and ensuring that show gathered improperly could be excluded from trials.
5th Amendment (ratified 1791)
In addition to the famous right to refuse to evidence against oneself (or "plead the Fifth"), the Fifth Amendment establishes other key rights for defendants in criminal proceedings, including the demand for formal accusation by a grand jury and the protection confronting double jeopardy, or existence tried for the same law-breaking twice. It also requires the federal government to pay but compensation for any private property it takes for public utilise. Most importantly, the 5th Amendment guarantees that no one can face criminal penalisation without receiving "due procedure of law," a protection that the Supreme Courtroom later on extended under the due process clause of the 14th Amendment.
Sixth Subpoena (ratified 1791)
The Sixth Amendment also deals with protecting the rights of people against possible violations past the criminal justice organization. It ensures the right to a public trial by an impartial jury without a significant filibuster and gives defendants the right to hear the charges against them, call and catechize witnesses and retain a lawyer to defend them in court.
According to the modern estimation of the amendment—shaped by Supreme Court cases such every bit Powell 5. Alabama (1932), which involved the defendants known as the Scottsboro Boys—the country is required to provide constructive legal representation for whatever defendant who cannot afford to apply a lawyer on their ain.
Seventh Amendment (ratified 1791)
With the Seventh Amendment, Madison addressed two Anti-Federalist concerns: that the certificate failed to require jury trials for ceremonious (non-criminal) cases, and that it gave the Supreme Court the power to overturn the factual findings of juries in lower courts. Considered one of the most straightforward amendments in the Pecker or Rights, the Seventh Subpoena extends the right to a jury trial to federal civil cases such equally automobile accidents, holding disputes, breach of contract, and discrimination lawsuits. It as well prevents federal judges from overturning jury verdicts based on questions of fact, rather than law. Different nearly every other correct in the Neb of Rights, the Supreme Court has not extended the right to civil jury trial to the states, although well-nigh states practise guarantee this correct.
8th Amendment (ratified 1791)
The Eighth Amendment continues the theme of the Fifth and 6th Amendments by targeting potential abuses on the office of the criminal justice organization. In banning the requirement of "excessive bail," the imposition of "excessive fines," and the infliction of "cruel and unusual penalisation," but leaving the exact interpretation of these terms unclear, it paved the fashion for futurity generations to battle over their meaning. In item, differing opinions over what constitutes "cruel and unusual punishment" fuel the ongoing contend in the United States over capital punishment.
Ninth Subpoena (ratified 1791)
During the debate that produced the Bill of Rights, skeptics argued that past listing such central rights in the Constitution, the framers would exist implying that the rights they did not list did not exist. Madison sought to allay these fears with the Ninth Amendment. It ensures that fifty-fifty while sure rights are enumerated in the Constitution, people notwithstanding retain other non-enumerated rights.
Legal scholars and courts accept long debated the pregnant of the Ninth Subpoena, particularly whether or not it provides a foundation for such rights as privacy (as in the 1965 case Griswold v. Connecticut) or a adult female's right to an abortion (1973'southward Roe v. Wade).
10th Subpoena (ratified 1791)
Equally the last amendment in the Bill of Rights, the 10th Amendment originally aimed to reassure Anti-Federalists by further defining the balance of power between the national government and those of the private states. According to the 10th Amendment, the federal regime's powers are limited to those expressly given to it by the Constitution, while all other powers are reserved for u.s.a. or the people. Over the generations, fence has continued over which powers fall into this latter category, and what limitations should exist placed on the expanding powers of the federal government.
11th Amendment (ratified 1795)
The first amendment to be ratified after the Bill of Rights, the 11th Subpoena was also the first to be framed in directly response to a Supreme Court verdict. In Chisholm v. Georgia (1793), the Court had ruled that the plaintiff, a resident of South Carolina, had the right to sue Georgia for repayment of debts incurred during the Revolutionary State of war. Afterwards many states argued that using the federal courts in this way would shift likewise much power to the national government, Congress passed the 11th Amendment, which removes all cases involving suits between states from federal courtroom jurisdiction.
12th Amendment (ratified 1804)
Passed in the wake of the cluttered presidential election of 1800, in which Thomas Jefferson and his boyfriend Democratic-Republican Aaron Burr received the exact same number of votes in the Electoral College, the 12th Amendment provides the method for selecting president and vice president of the United States. Though Article II, Section 1 of the Constitution had mandated that each elector cast two votes without differentiating betwixt their choices for president and vice president, the 12th Subpoena requires electors to carve up the balloting for the two offices.
13th Amendment (ratified 1865)
More than than six decades passed betwixt ratification of the 12th and 13th Amendments. With the The states roiled past sectional tensions over slavery, few in the post-founding generations wanted to provoke a constitutional crunch by proposing a potentially divisive amendment. Just after Abraham Lincoln issued the Emancipation Declaration, which freed only enslaved people behind enemy lines during the Civil War, support grew for a constitutional subpoena to abolish slavery. Ratified later on Lincoln'due south assassination, the 13th Amendment finally put an end to the establishment that had marred the land since 1619.
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14th Amendment (ratified 1868)
Intended to requite Congress the authority to protect the rights of Black citizens in the South, where white-dominated country governments enacted discriminatory "Black codes" immediately following the finish of the Civil War, the 14th Amendment was arguably the most important of the three amendments passed during Reconstruction. Department 1 of the amendment reversed the Supreme Court'southward notorious decision in 1857's Dred Scott v. Sandford by stating that anyone born in the Us is a citizen. It likewise extended the civil rights of citizens and their right to due procedure by protecting civil rights from infringement by the states every bit well as the federal government. Finally, Section i guarantees "equal protection nether the laws" to all citizens.
Together with the Bill of Rights, these broad protections class the foundations of civil rights law in the United States, and have been invoked over the years by diverse groups of citizens (as well as corporations) seeking equal treatment under the police.
Section ii of the 14th Amendment repealed the three-fifths clause of the original Constitution, which held that each enslaved person counted for three-fifths of a person. Information technology specified that every resident of a state should exist counted as a total person for the purposes of congressional representation. Section three, aimed at old Confederate leaders, holds that Congress can bar any official who "shall have engaged in insurrection or rebellion" confronting the U.s.a. from belongings public part. Section 4 exempted federal and state governments from paying any debts incurred by the former Amalgamated states or compensating them for the loss of their human being property. Finally, Section 5 of the 14th Amendment gives Congress the authorisation to create laws to enforce the amendment's provisions, a sweeping mandate that would strengthen the power of the federal authorities in relation to united states.
15th Amendment (ratified 1870)
After Congress enfranchised Black male person voters in the South past passing the Reconstruction Act of 1867, information technology sought to protect this right under the Constitution. As the last of the and then-chosen Civil War amendments, all of which sought to ensure equality for African Americans, the 15th Amendment outlaws discrimination in voting rights on the ground of race, colour or previous condition of servitude. With the end of Reconstruction in 1877, withal, Southern states finer disenfranchised Black voters by enacting poll taxes, literacy tests and other discriminatory practices. The promise of the 15th Amendment to protect Black voting rights remained unfulfilled until the civil rights movement and passage of the Voting Rights Act of 1965.
16th Subpoena (ratified 1913)
Though Americans had paid income taxes in earlier eras (during the Civil War, for example), the Supreme Court ruled in 1894's Pollock five. Farmer'due south Loan and Trust that an income tax imposed by Congress was unconstitutional given Article I'due south requirement that such "straight" taxes exist apportioned amongst the states on the basis of population. The decision drew widespread outrage, and led to the passage of the first of four constitutional amendments that would exist ratified during the Progressive era. The 16th Amendment gives Congress the power to enact a nationwide income tax, vastly expanding the federal government's source of revenue and spending ability and enabling it to become a stronger force in American life than ever before.
17th Amendment (ratified 1913)
The movement in favor of the popular ballot of senators gained strength in the belatedly 19th century, fueled by a view of the Senate equally an out-of-touch, elitist group discipline to corruption. By 1912, many country legislatures had lent their song support to the alter, leading to ratification of the 17th Amendment the following year. The amendment substantially altered the construction of Congress as set out in Article I of the Constitution, removing from state legislatures the power to choose U.Due south. senators and giving it directly to the voters of each state.
18th Amendment (ratified 1919)
Though the temperance motion had existed since the earliest years of the nation's history, it gained strength during the Progressive Era, especially in rural American communities. The new income taxation freed the government from its dependence on the liquor tax, and senators (at present direct elected) were subject to greater pressure from temperance advocates. Congress followed upwardly on ratification of the 18th Amendment, which banned "the manufacture, auction, or transportation of exhilarant liquors," but not their consumption, with passage of the Volstead Act to enforce information technology. Prohibition remained in effect for the next 13 years, until its repeal with the 21st Amendment.
19th Amendment (ratified 1920)
Susan B. Anthony and other supporters of women'southward suffrage were bitterly disappointed after the Ceremonious War, when Congress excluded gender from the listing of categories that could non exist used to deny voting rights in the 15th Amendment. With a ramble amendment stalled in Congress for decades, suffragists focused their efforts on the states, where they were able to make gradual progress. By the time the 19th Subpoena was ratified in 1920, forbidding the United states or any state from denying or abridging the right to vote to any citizen "on account of sex," 30 states and 1 territory allowed women to vote in at least some elections. Even after ratification of the 19th Amendment, many women of color were subject to various types of voter suppression until passage of the Voting Rights Act of 1965.
20th Amendment (ratified 1933)
Before ratification of the 20th Subpoena, 13 months had passed between the ballot of a new Congress and the fourth dimension it held its start meeting. The amendment shortened this "lame-duck" period past specifying that regular terms for members of the Senate and House of Representatives begin on January 3 of the year following their ballot. It also moved up the inauguration of the president by 6 weeks, moving it to January 20. The 20th Subpoena was quickly proposed, passed and ratified during the Neat Depression, when many people regretted that Franklin D. Roosevelt had to wait four months to succeed the unpopular Herbert Hoover.
21st Amendment (ratified 1933)
Prohibition became widely unpopular during the Depression, especially in American cities, where some demonstrators marched in parades carrying signs declaring "We Want Beer." The 21st Amendment, which concluded Prohibition and left the states in accuse of regulating the auction and consumption of liquor, is the only amendment that repeals an earlier amendment (the 18th). It's too the only one to be ratified by state ratifying conventions rather than state legislatures. As the temperance motion all the same held sway in many states, supporters of the 21st Amendment realized that land legislators could be discipline to political force per unit area, and opted to follow the convention route instead.
22nd Amendment (ratified 1951)
Though term limits were not a part of the Constitution, later on generations of Americans believed that George Washington set a valuable precedent when he made the decision to pace away from the presidency after 2 terms in 1796. Several later presidents flirted with the idea of a tertiary term, but Franklin D. Roosevelt was the outset to follow through. Guiding the nation through the tumultuous era spanning the Depression and World War 2, FDR won an unprecedented four presidential elections, but died several months later on his fourth term began in 1945. Two years afterwards, Congress began the process of passing the 22nd Amendment, which express future presidents to ii terms.
23rd Amendment (ratified 1961)
Since the District of Columbia became the seat of the U.Southward. government in 1800, argue had raged over the inability of its residents to participate in federal elections. The 23rd Amendment addressed this, giving D.C. residents the right to choose electors for presidential and vice-presidential elections in the same mode the states do. While the original version of the amendment approved past the Senate would have granted the District representation in the Firm of Representatives, the House rejected this idea. In 1978, Congress adopted another proposed amendment that provided for D.C. to "be treated every bit though it were a State," including congressional representation, but it failed to win ratification.
24th Amendment (ratified 1964)
Starting in the years following Reconstruction, many white-dominated Southern legislatures enacted poll taxes equally a method of disenfranchising Black voters. Congress repeatedly debated legislation to eliminate poll taxes starting in 1939, just none passed. Though simply 5 states still had such taxes in place by 1964, supporters of the ceremonious rights motility saw their abolition as an important objective in combating racism and discrimination confronting Black Americans. The 24th Amendment applied only to federal elections, and after its ratification several southern states tried to maintain poll taxes for separately held state elections. In Harper v. Virginia Board of Elections (1966), the Supreme Court accounted such taxes a violation of the 14th Amendment's equal protection clause.
25th Subpoena (ratified 1967)
After John F. Kennedy was assassinated in Nov 1963, a movement grew to clarify the vague procedures that had existed around presidential disability and the right of succession. The 25th Amendment states that the vice president will succeed the president in example of the latter's decease or resignation, and lays out the procedure for filling a vacancy in the vice president's office. Information technology also allows the president to declare a temporary inability to serve—every bit in the case of undergoing surgery—and resume powers when able. The 4th and most controversial department, which has never been invoked, empowers the vice president to become interim president if the president is determined (by the vice president and the bulk of the Cabinet, backed by Congress) to exist unable to perform the duties of the office.
26th Amendment (ratified 1971)
The long-running debate over whether young Americans should be asked to adventure their lives fighting for their country before they were given the right to vote intensified during the Vietnam State of war. In 1970, Congress passed a statute lowering the age of voting in all federal, state and local elections to 18. When Oregon challenged that law, the Supreme Court sided with the state, ruling that Congress just had jurisdiction over federal elections. With a groundswell of popular support, the 26th Amendment was passed and ratified in record fourth dimension, lowering the legal voting age to 18 in all U.South. elections.
27th Amendment (ratified 1992)
By prohibiting any police force raising or lowering the salaries of members of Congress from taking effect before the first of a new session of Congress begins, the 27th Amendment aims to reduce abuse in the legislative co-operative of the federal regime. Originally introduced by Madison, it was left in limbo when the first ten amendments were ratified in 1791 and largely forgotten past the belatedly 20th century, when Gregory Watson, a college student in Texas, read about it in a class on American government. Watson afterwards rallied enough popular support (and resentment of Congress) to get the requisite three-quarters of U.S. states to ratify the 27 Amendment by 1992, virtually 200 years after Madison first proposed it.
Sources
Constitutional Amendment Procedure. Federal Register, National Archives.
Jack N. Rakove, ed. The Annotated U.S. Constitution and Declaration of Independence . (Harvard University Printing, 2009)
The Heritage Guide to the Constitution. Heritage Foundation.
Interactive Constitution. Constitution Center.
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Source: https://www.history.com/topics/united-states-constitution/amendments-us-constitution
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