This article is part of a series on the |
Constitution of the United States |
---|
Preamble and Articles |
Amendments to the Constitution |
Unratified Amendments : |
History |
Full text |
Hundreds of proposed amendments to the United States Constitution are introduced during each session of the United States Congress. From 1789 through January 3, 2019, approximately 11,770 measures have been proposed to amend the United States Constitution. [1] Collectively, members of the House and Senate typically propose around 200 amendments during each two-year term of Congress. [2] Most, however, never get out of the Congressional committees in which they were proposed. Only a fraction of those actually receive enough support to win Congressional approval to go through the constitutional ratification process. Some proposed amendments are introduced over and over again in different sessions of Congress. It is also common for a number of identical resolutions to be offered on issues that have widespread public and congressional support.
Since 1789, Congress has sent 33 constitutional amendments to the states for ratification. Of these, 27 have been ratified. The framers of the Constitution, recognizing the difference between regular legislation and constitutional matters, intended that it be difficult to change the Constitution; but not so difficult as to render it an inflexible instrument of government, as the amendment mechanism in the Articles of Confederation, which required a unanimous vote of thirteen states for ratification, had proven to be. Therefore, a less stringent process for amending the Constitution was established in Article V.
Amending the United States Constitution is a two-step process. Proposals to amend it must be properly adopted and ratified before becoming operative. A proposed amendment may be adopted and sent to the states for ratification by either:
The latter procedure has never been used. To become part of the Constitution, an adopted amendment must be ratified by either:
The decision of which ratification method will be used for any given amendment is Congress' alone to make, as is the decision to set a ratification deadline. [3] Only for the 21st amendment was the latter procedure invoked and followed. Upon being properly ratified, an amendment becomes an operative addition to the Constitution. [4]
Constitutional amendment proposals considered in but not approved by Congress during the 19th century included:
Constitutional amendment proposals considered in but not approved by Congress during the 20th century included the following:
Constitutional amendment proposals considered in but not approved by Congress thus far in the 21st century have included:
Article Five of the United States Constitution describes the procedure for altering the Constitution. Under Article Five, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification.
The Seventeenth Amendment to the United States Constitution established the direct election of United States senators in each state. The amendment supersedes Article I, Section 3, Clauses 1 and 2 of the Constitution, under which senators were elected by state legislatures. It also alters the procedure for filling vacancies in the Senate, allowing for state legislatures to permit their governors to make temporary appointments until a special election can be held.
The Equal Rights Amendment (ERA) is a proposed amendment to the U.S. Constitution that would, if added, explicitly prohibit sex discrimination. It was written by Alice Paul and Crystal Eastman and introduced in Congress in December 1923 as a proposed amendment to the United States Constitution. The purpose of the ERA is to guarantee equal legal rights for all American citizens regardless of sex. Proponents assert it would end legal distinctions between men and women in matters of divorce, property, employment, and other matters. Opponents originally argued it would remove protections that women needed. In the 21st century, opponents argue it is no longer needed and some fear it would be extended to abortion and transgender rights.
The Twenty-second Amendment to the United States Constitution limits the number of times a person can be elected to the office of President of the United States to two terms, and sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors. Congress approved the Twenty-second Amendment on March 21, 1947, and submitted it to the state legislatures for ratification. That process was completed on February 27, 1951, when the requisite 36 of the 48 states had ratified the amendment, and its provisions came into force on that date.
The Twenty-third Amendment to the United States Constitution extends the right to participate in presidential elections to the District of Columbia. The amendment grants to the district electors in the Electoral College, as though it were a state, though the district can never have more electors than the least-populous state. How the electors are appointed is to be determined by Congress. The Twenty-third Amendment was proposed by the 86th Congress on June 16, 1960; it was ratified by the requisite number of states on March 29, 1961.
The Twenty-fourth Amendment of the United States Constitution prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax. The amendment was proposed by Congress to the states on August 27, 1962, and was ratified by the states on January 23, 1964.
The Twenty-seventh Amendment to the United States Constitution states that any law that increases or decreases the salary of members of Congress may take effect only after the next election of the House of Representatives has occurred. It is the most recently adopted amendment but was one of the first proposed.
The Federal Marriage Amendment (FMA), also referred to by proponents as the Marriage Protection Amendment, was a proposed amendment to the United States Constitution that would legally define marriage as a union of one man and one woman. The FMA would also prevent judicial extension of marriage rights to same-sex couples.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.
The Blaine Act, formally titled Joint Resolution Proposing the Twenty-First Amendment to the United States Constitution, is a joint resolution adopted by the United States Congress on February 20, 1933, initiating repeal of the 18th Amendment to the United States Constitution, which established Prohibition in the United States. Repeal was finalized when the 21st Amendment to the Constitution was ratified by the required minimum number of states on December 5, 1933.
The Flag Desecration Amendment is a proposed addition to the Constitution of the United States that would allow the U.S. Congress to prohibit by statute and provide punishment for the physical "desecration" of the flag of the United States. The concept of flag desecration continues to provoke a heated debate over protecting a national symbol, preserving free speech, and upholding the liberty said to be represented by that national symbol. While the proposal almost didn’t pass by two-thirds majority required in the House of Representatives several times, it has passed the Senate by the same super-majority and has often not come to a vote in the Senate despite its introduction several times.
The District of Columbia Voting Rights Amendment was a proposed amendment to the United States Constitution that would have given the District of Columbia full representation in the United States Congress, full representation in the Electoral College system, and full participation in the process by which the Constitution is amended. It would have also repealed the Twenty-third Amendment, which granted the District of Columbia the same number of electoral votes as that of the least populous state, but gave it no role in contingent elections.
The Corwin Amendment is a proposed amendment to the United States Constitution that has never been adopted, but owing to the absence of a ratification deadline, could still be adopted by the state legislatures. It would shield slavery within the states from the federal constitutional amendment process and from abolition or interference by Congress. Although the Corwin Amendment does not explicitly use the word slavery, it was designed specifically to protect slavery from federal power. The outgoing 36th United States Congress proposed the Corwin Amendment on March 2, 1861, shortly before the outbreak of the American Civil War, with the intent of preventing that war and preserving the Union. It passed Congress but was not ratified by the requisite number of state legislatures.
The Crittenden Compromise was an unsuccessful proposal to permanently enshrine slavery in the United States Constitution, and thereby make it unconstitutional for future congresses to end slavery. It was introduced by United States Senator John J. Crittenden on December 18, 1860. It aimed to resolve the secession crisis of 1860–1861 that eventually led to the American Civil War by addressing the fears and grievances of Southern pro-slavery factions, and by quashing anti-slavery activities. The Crittenden Compromise is not to be confused with the Crittenden Resolution, which provided that the Union would take no actions against slavery.
Voting rights of citizens in the District of Columbia differ from the rights of citizens in the 50 U.S. states. The United States Constitution grants each state voting representation in both houses of the United States Congress. It defines the federal district as being outside of any state, and does not grant it any voting representation in Congress. The Constitution grants Congress exclusive jurisdiction over the District in "all cases whatsoever".
A convention to propose amendments to the United States Constitution, also referred to as an Article V Convention, state convention, or amendatory convention is one of two methods authorized by Article Five of the United States Constitution whereby amendments to the United States Constitution may be proposed: on the Application of two thirds of the State legislatures the Congress shall call a convention for proposing amendments, which become law only after ratification by three-fourths of the states. The Article V convention method has never been used; but 33 amendments have been proposed by the other method, a two-thirds vote in both houses of Congress; and 27 of these have been ratified by three-fourths of the States. Although there has never been a federal constitutional convention since the original one, at the state level more than 230 constitutional conventions have assembled in the United States.
Bills have been introduced in the US Congress on several occasions to amend the US Constitution to abolish or to reduce the power of the Electoral College and to provide for the direct popular election of the US president and vice president.
A campaign finance reform amendment refers to any proposed amendment to the United States Constitution to authorize greater restrictions on spending related to political speech, and to overturn Supreme Court rulings which have narrowed such laws under the First Amendment. Several amendments have been filed since Citizens United v. Federal Election Commission and the Occupy movement.
{{cite book}}
: CS1 maint: location missing publisher (link)bricker amendment.
{{cite web}}
: |last2=
has generic name (help)