Special Bulletin: Constitutional Amendments
A brief summary of all 27 constitutional amendments and more.
Good morning Readers,
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Our primary purpose in publishing the weekly digest and supplemental posts (such as this one) is to educate and inform, and in light of the national discourse surrounding the 14th Amendment and birthright citizenship, we decided to do a Special Bulletin on the Constitutional Amendments. We feel that the best way to know your rights is to actually read them, and we hope that this Amendment primer will serve as a resource.
Let’s start by asking…
What are Constitutional Amendments?
Put simply, Constitutional Amendments are formal revisions or additions to the US Constitution [1]. They are far from simple corrections, however, as many of the most important rights citizens hold close are found here rather than in the text of the original Constitution. The Founding Fathers knew that the United States was a rapidly changing, dynamic country, so they included Article V in the Constitution as a way to make future additions [2]. Article V states:
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress [2].
An Amendment can be proposed in two ways:
Both Chambers of Congress can propose an Amendment with a 2/3 supermajority in each.
3/4 of the states can request an Amendment via a national convention called for that specific purpose.
Once it has been successfully proposed, it must then be ratified by 3/4 of all state legislatures, and if this happens, the Amendment becomes part of the Constitution. Traditionally, states are able to ratify Amendments at their leisure, but in modern times there is usually a seven year time frame; this is why the Equal Rights Amendment, calling for equal rights for people regardless of sex, has not been ratified even though 3/4 of the states have done so [1].
Though thousands upon thousands (approx. 11,000) of Amendments have been proposed, only 27 have been ratified [4].
Below, I have listed all 27 ratified Amendments along with their original text. Above each, you can find a short summary of what the Amendment does, such as rights granted, policies set, etc. After this, there is a short list of notable Amendments that were not ratified.
List of Ratified Amendments
**The first ten Amendments are also known as “The Bill of Rights.”
The First Amendment (Proposed 1789, Ratified 1791)
TDLR: Protects freedom of religion, freedom of speech, freedom of the press, freedom of assembly and the right to petition the government [4].
Amendment Text: 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. [2]
The Second Amendment (Proposed 1789, Ratified 1791)
TDLR: Protects the right to keep and bear arms [4].
Amendment Text: 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. [2]
The Third Amendment (Proposed 1789, Ratified 1791)
TDLR: Restricts the quartering of soldiers in private homes [4].
Amendment Text: 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 [2].
The Fourth Amendment (Proposed 1789, Ratified 1791)
TDLR: Prohibits unreasonable searches and seizures and sets requirements for search warrants based on probable cause [4].
Amendment Text: 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 [2].
The Fifth Amendment (Proposed 1789, Ratified 1791)
TDLR: Sets rules for indictment by grand jury and eminent domain, protects the right to due process and prohibits self-incrimination and double jeopardy [4].
Amendment Text: 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 offence 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 [2].
The Sixth Amendment (Proposed 1789, Ratified 1791)
TDLR: Protects the right to a quick, public trial by jury, to notification of criminal accusations, to confront the accuser, to obtain witnesses and to retain counsel [4].
Amendment Text: 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 wherein 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 [2].
The Seventh Amendment (Proposed 1789, Ratified 1791)
TDLR: Provides for the right to a jury trial in civil lawsuits [4].
Amendment Text: 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 [2].
The Eighth Amendment (Proposed 1789, Ratified 1791)
TDLR: Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment [4].
Amendment Text: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted [2].
The Ninth Amendment (Proposed 1789, Ratified 1791)
TDLR: States that rights not enumerated in the Constitution are retained by the people. Unenumerated rights are those that are inferred from existing laws but are not explicitly named in a legal document. Examples of these in the United States include the right to freely travel between states, the right to vote, and the right to privacy [4].
Amendment Text: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people [2].
The Tenth Amendment (Proposed 1789, Ratified 1791)
TDLR: States that the federal government possesses only those powers delegated, or enumerated, to it through the Constitution, and that all other powers are reserved to the states and or the people [4].
Amendment Text: 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 [2].
The Eleventh Amendment (Proposed 1794, Ratified 1795)
TDLR: Immunizes states from suits brought by out-of-state citizens and foreigners not living within the state borders; lays the foundation for state sovereign immunity [4].
Amendment Text: 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 [2].
The Twelfth Amendment (Proposed 1803, Ratified 1804)
TDLR: This amendment establishes that the President and Vice President are elected together, and that the Vice President is not the “runner-up” to the Presidency [4].
Amendment Text: 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 of 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 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 [2].
The Thirteenth Amendment (Proposed 1865, Ratified 1865)
TDLR: Abolishes slavery and involuntary servitude, except as punishment for a crime [4].
Amendment Text:
Section One: 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 Two: Congress shall have power to enforce this article by appropriate legislation [2].
The Fourteenth Amendment (Proposed 1866, Ratified 1868)
TDLR: Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause and the Equal Protection Clause, and deals with post–Civil War issues [4].
Amendment Text:
Section One: 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 Two: 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 Three: 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 Four: 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 Five: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article [2].
The Fifteenth Amendment (Proposed 1869, Ratified 1870)
TDLR: Prohibits the denial of the right to vote based on race, color or previous condition of servitude [4].
Amendment Text:
Section One: 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 Two: The Congress shall have power to enforce this article by appropriate legislation [2].
The Sixteenth Amendment (Proposed 1909, Ratified 1913)
TDLR: Permits Congress to levy an income tax without apportioning it among the various states or basing it on the United States Census [4].
Amendment Text: 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 [2].
The Seventeenth Amendment (Proposed 1912, Ratified 1913)
TDLR: Establishes the direct election of US Senators through popular vote [4].
Amendment Text: 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 [2].
The Eighteenth Amendment (REPEALED) (Proposed 1917, Ratified 1919)
TDLR: This Amendment prohibited the sale of alcohol in the United States. It was repealed in 1933 [4].
Amendment Text:
Section One: 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 Two: The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation [2].
The Nineteenth Amendment (Proposed 1919, Ratified 1920)
TDLR: Gives women the right to vote [4].
Amendment Text: 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 [2].
The Twentieth Amendment (Proposed 1932, Ratified 1933)
TDLR: Changes the beginning and end dates for Presidential, Vice Presidential, and Congressional terms. For the President and Vice President the date is now January 20, and for members of Congress it is January 3. It also states that if the President-Elect dies, the Vice President-Elect will be inaugurated as President [4].
Amendment Text:
Section One: The terms of the President and the 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 Two: 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 Three: 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 Four: 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 Five: Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
Section Six: 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 [2].
The Twenty-First Amendment (Repeal of Prohibition) (Proposed 1933, Ratified 1933)
TDLR: The Amendment repealed 18th Amendment (the prohibition of alcohol in the United States) [4.
Amendment Text:
Section One: The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Section Two: 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 Three: 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 [2].
The Twenty-Second Amendment (Proposed 1947, Ratified 1951)
TDLR: Limits the number of times a person can be elected President [4].
Section One: 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 Two: 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 [2].
The Twenty-Third Amendment (Proposed 1960, Ratified 1961)
TDLR: Gives the District of Columbia Electors in the Electoral College [4].
Amendment Text:
Section One: The District constituting the seat of Government of the United States shall appoint in such manner as 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 Two: The Congress shall have power to enforce this article by appropriate legislation [2].
The Twenty-Fourth Amendment (Proposed 1962, Ratified 1964)
TDLR: Prohibits the revocation of voting rights based on failure to pay taxes [4].
Amendment Text:
Section One: 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 poll tax or other tax.
Section Two: The Congress shall have power to enforce this article by appropriate legislation [2].
The Twenty-Fifth Amendment (Proposed 1965, Ratified 1967)
TDLR: Addresses succession to the presidency and establishes procedures both for filling a vacancy in the office of the Vice President and responding to presidential disabilities [4].
Amendment Text:
Section One: In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section Two: 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 Three: 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 Four: 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 [2].
The Twenty-Sixth Amendment (Proposed 1971, Ratified 1971)
TDLR: Lowered the voting age to 18 [4].
Amendment Text:
Section One: 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 Two: The Congress shall have power to enforce this article by appropriate legislation [2].
The Twenty-Seventh Amendment (Proposed 1789, Ratified 1992)
TDLR: Delays laws affecting Congressional salary from taking effect until after the next election of Congressional representatives [4].
Amendment Text: No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened [2].
Notable Unratified Amendments
These two Amendments did not receive ratification and were therefore not included in the Constitution. They are…
1.) The Child Labor Amendment (Pending since 1924)
This would have empowered the federal government to greatly limit child labor. It did not receive ratification from enough states to become an Amendment [4].
2.) The Equal Rights Amendment (Failed Ratification, expired 1985)
This Amendment would have guaranteed equality of rights regardless of sex. It has been ratified by 2/3 of states, but because the time limit elapsed, it remains unratified.
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Works Cited
1.)https://www.law.cornell.edu/wex/constitutional_amendment#:~:text=An%20amendment%20is%20a%20formal,the%20states%20to%20be%20ratified.
2.) https://constitution.congress.gov/browse/essay/artV-1/ALDE_00000507/#:~:text=6U.S.%20Const.-,art.,Amendments.%20.%20..%20).
3.) https://www.whitehouse.gov/about-the-white-house/our-government/the-constitution/#:~:text=An%20amendment%20may%20be%20proposed,in%20each%20State%20for%20ratification.
4.)https://en.wikipedia.org/wiki/List_of_amendments_to_the_Constitution_of_the_United_States
I seriously wonder if Trump is pushing the birthright citizenship in the 14th amendment is because it’s the same amendment that addresses insurrection which he’s very obviously guilty of? Perhaps lays the groundwork for more insidious actions?
We, as a country, have ignored so many of these amendments that we have elected a person who does not meet these criteria. If we don’t abide by the constitution and its amendments, can we still consider this country to be a constitutional democracy?