Ever wondered what amendments are and how are they made? This article answers all the questions. Keep on reading to find out what is an amendment.
The word “amendment” gets thrown around a lot in the world of politics and governments. The term is fundamental and its most straightforward and concise definition is to make minute changes to a piece of text.
It plays an important part in the Constitution and helps formulate rules and regulations. These rules govern the country and decide its day-to-day implications. Without amendments, a constitution cannot stand on its own. The Constitution, in its primary form, only contains laws and rules. However, as time progresses, the government might decide to add or remove specific laws.
That is where amendments come to play. Amendments are the defining factors that help the State to ensure all rules and regulations are followed and implemented. As a result, approving and ratifying an amendment is a serious matter; it requires great care and takes years, even centuries, to be approved. The United States has a total of 27 amendments made to its Constitution, which we will discuss further.
To understand the term amendments, we shall look at various aspects in detail. So stay tuned and learn about the elements of an amendment, its role in the Constitution, and how they are made.
What is an amendment?
An amendment is a term widely used to refer to the country’s rules and laws. We have clarified and introduced a more superficial meaning of the term in the introduction: a small change. However, the word ‘amendment’ is more formally used and recognized in the field of politics and government.
Amendments are a form of correction that helps alter a segment through Parliamentary and Constitutional procedures. It brings in or ratifies new laws, perceptions, and ideas into the Constitution. The word that is used to ensure the implementation of an amendment is ratified.
Ratifying an amendment means; approving and implementing the proposed law. As soon as the amendment is confirmed, it is placed into practice, and forces align to ensure that it is implemented in every State. The amendment cannot be implemented and put into practice without formal ratification. Therefore, it is a change or addition to the Constitution and needs legal recognition.
What is an amendment to the Constitution?
Now that we know what amendment means, we can determine its part in the Constitution. But before we head on to define this, we need to understand what a constitution is.
A constitution is what defines the laws of the country. Every country has its very own Constitution that settles its foundation and helps to assist its governmental and State affairs. However, the rules and regulations in the Constitution vary between countries as well. That being said, Constitutions are vital for an organized-running government, but not all Constitutions enlist the same plan.
Amendments to the Constitution mean that specific laws and regulations have been ratified. This rule is added to the Constitution and ensures careful implementation. A constitution without an amendment is a blank piece of paper.
History of amendments in the United States Constitution
The United States of America is well-known for its amendments and how it has impacted its Constitution. We will go through a history lesson to understand the amendments in the Constitution of the United States.
The Constitution was first drafted in 1787 by James Madison, the first man to introduce the document containing the amendments and their ratification. Known as the Father of the Constitution, he is the original drafter of the first ten amendments that are still practiced in the United States.
Since 1787, the US Constitution has been amended 27 times. However, a total of 33 amendments were proposed, from which 27 were accepted, with the most recent being in 1992. The first ten amendments, poised by James Madison, were adopted and named the Bill of Rights. Moreover, Amendments #13, #14, and #15 are called the Reconstruction Amendments.
What is the amendment process?
The amendment process is a very tricky and challenging task. Because it governs and determines the application of rules and regulations in the State, careful and steady steps are ensured to diminish any wrongful implementations.
As a rule, the amendment should pass through two-thirds of both houses of Congress. These houses are the House of Representatives and the Senate. It should also be ratified by the legislatures of three-fourths of the States. Another way through which an amendment is implemented is when two-thirds of the legislatures ask Congress to implement a Constitutional Convention. To date, the latter method has not been employed in the United States.
We will now explore the extensive yet interesting amendment process in detail. Article 5 of the United States Constitution states the basic procedure of the constitutional amendment method.
The five steps
The amendment process undergoes five steps. These are important to ensure the proper inclusion of the amendment.
Step 1: Submit a proposal
First and foremost, Congress takes the initiative to propose an amendment. This amendment is passed with the vote of two-thirds of both houses; the House of Representatives and the Senate.
Step 2: Notify the States
After the amendment has been voted in favor of, it is sent to the States who are notified beforehand. This falls under the job of the National Archivist, who ensures that each governor of each State receives the amendment.
Step 3: Ratified by the States
The States decide whether or not the amendment should be ratified. They cannot, however, revise the amendment and can only approve or reject what was proposed in the amendment by Congress. The State can do one of two things:
- Either ratify within their respective State legislatures, or
- May be required to call in special ratification conventions for the process.
The former is the most adopted practice, whereas the latter has been employed only once.
Step 4: Track progress
Tracking the progress of the ratification process is extremely important. This is tallied by the Federal Register at the National Archives. They check the progress of the amendment and calculate the number of States that have ratified it.
Three-fourths of the States must ratify the amendment for it to become a part of the United States Constitution. To ensure proper measurement, each State is given a deadline to decide whether or not they want to ratify the amendment.
Step 5: Announce it
The last step is to announce the ratification. Once it is approved by the competing parties, the archivist responsible for notifying the States should take steps to promote it. The ratified amendment is published in the Federal Register and the United States Statutes at Large.
What are the 27 amendments in the Constitution?
A total of 27 amendments make up the Constitution of the United States. We will look at each one of them in detail while exploring the year of ratification
Amendment #1
Amendment: Right to Speech, Freedom, Press, and Assembly
Year of Ratification: 1791
Amendment Explained: Known as the Bill of Rights, the first amendment of the Constitution protects the rights of citizens with regard to their religious beliefs. The State or any other person cannot interfere with the ability of the people and the religious groups to practice their beliefs.
President: George Washington
Amendment #2
Amendment: Right to Bear Arms
Year of Ratification: 1791
Amendment Explained: Every individual and citizen of the United States is allowed to bear arms, i.e guns and other weaponry legal in the US. Also a part of the Bill of Rights.
President: George Washington
Amendment #3
Amendment: Quartering of Soldiers
Year of Ratification: 1791
Amendment Explained: Known as one of the Bill of Rights, this amendment protects the right of the citizens if they do not want to house soldiers. Whether during war or peace, if they do not consent to it, they have full liberty to say no.
President: George Washington
Amendment #4
Amendment: Rules for Search and Seizure
Year of Ratification: 1791
Amendment Explained: No governmental authority can abuse its power and conduct forceful searches and seizures of a citizen’s home. The government or those in power should acquire proper evidence and search warrants to be able to perform searches and seizures.
President: George Washington
Amendment #5
Amendment: Right to Ratification
Year of Ratification: 1791
Amendment Explained: This Bill of Rights provides a two-factor procedure necessary to ensure the ratification of the amendment. Therefore, it prohibits the misuse of governmental authority in legal systems. With this, rules for indictment by the grand jury are ensured and guarantee due process rights. Moreover, this rule helps citizens who suffer from self-incrimination and those in double jeopardy.
President: George Washington
Amendment #6
Amendment: Right to Free and Public Trial
Year of Ratification: 1791
Amendment Explained: As a part of the Bill of Rights, this amendment gives the citizen the right to fight fair and public trials. As a result, they are provided with an impartial jury and the right to a defense counsel. Under this amendment, the idea of innocent until proven guilty is advocated.
President: George Washington
Amendment #7
Amendment: Jury Trial
Year of Ratification: 1791
Amendment Explained: Also known as the Bill of Rights, this gives the right to the citizens to take a matter to court. They can demand a trial by jury if the value in question goes beyond $20.
President: George Washington
Amendment #8
Amendment: Protection against Cruel Punishments
Year of Ratification: 1791
Amendment Explained: This amendment removes and puts a ban on extreme punishment for crimes. These can be in the form of punishments and bails. This is also another part of the Bill of Rights.
President: George Washington
Amendment #9
Amendment: Non-Enumerated Rights
Year of Ratification: 1791
Amendment Explained: As stated, this amendment takes into account individuals who are not citizens of the United States. Such individuals are equally important as the citizens of the United States. This falls under the Bill of Rights.
President: George Washington
Amendment #10
Amendment: Rights Reserved to the State
Year of Ratification: 1791
Amendment Explained: This amendment separated Federal and State law. The United States Constitution gave power to federal regulations, whereas the State law had control over state matters. This was the last amendment added to the Bill of Rights.
President: George Washington
Amendment #11
Amendment: Suits against a State
Year of Ratification: 1795
Amendment Explained: This amendment was reinstated to protect the State. As per this amendment, non-residents cannot sue any other state. For example, a resident of Texas cannot sue the State of Chicago.
President: George Washington
Amendment #12
Amendment: Procedure of Electing the President and Vice President
Year of Ratification: 1804
Amendment Explained: The 12th amendment introduced a law on how to appoint the President and Vice President. The progress and election process were determined under this amendment. Moreover, it states who was allowed to vote and the qualified electors and delegates to make such votes.
President: Thomas Jefferson
Amendment #13
Amendment: Abolition of Slavery
Year of Ratification: 1865
Amendment Explained: The 13th amendment banned slavery and unethical actions against non-white folks. This is known as the Reconstruction Amendments.
President: Abraham Lincoln
Amendment #14
Amendment: Equal Protection Clause
Year of Ratification: 1868
Amendment Explained: The 14th amendment protects the State’s infringement rights. It also defined citizens while prohibiting States from interfering with privileges and immunities. Moreover, it described the Due Process Clause and explained the laws of denying votes. This is another part of the Reconstruction Amendments.
President: Andrew Johnson
Amendment #15
Amendment: Voting Rights
Year of Ratification: 1870
Amendment Explained: Last of the Restoration Amendments, the 15th Amendment gave equal rights to all the citizens. This, however, did not include women. Nonetheless, it focused on providing voting rights regardless of race and skin color.
President: Ulysses S. Grant
Amendment #16
Amendment: Federal Income Tax
Year of Ratification: 1913
Amendment Explained: The 16th amendment gives Congress the authority to collect income tax which is ensured not to be based on the State’s population.
President: Woodrow Wilson
Amendment #17
Amendment: Election of Senators
Year of Ratification: 1913
Amendment Explained: The 17th amendment states the terms and conditions essential for the election of senators. The citizens of the United States are given the room to choose their representatives. Moreover, they are provided with the terms of the office.
President: Woodrow Wilson
Amendment #18
Amendment: Prohibition Law
Year of Ratification: 1919
Amendment Explained: The 18th amendment prohibits the manufacture, sale, and transportation of intoxicating liquors, i.e. alcohol. This was known as the Prohibition Era of bootleg alcohol consumption and sale. However, this amendment was repealed by the 21st amendment.
President: Woodrow Wilson
Amendment #19
Amendment: Women’s Right to Vote
Year of Ratification: 1920
Amendment Explained: The 19th amendment gave women voting rights. As reinstated, it gave rights to vote regardless of biological sex.
President: Woodrow Wilson
Amendment #20
Amendment: Commencement of Presidential Term and Succession
Year of Ratification: 1933
Amendment Explained: The 20th amendment states that all presidential times would end at noon on the 20th of January. The date of the start of the time for the senate was also determined; the 3rd of January.
President: Franklin D. Roosevelt
Amendment #21
Amendment: Repeal of the 18th Amendment
Year of Ratification: 1933
Amendment Explained: The 21st amendment allows the sales, manufacture, and consumption of intoxicating liquids. This was ratified and repealed by the 18th amendment because of the inability to enforce the law beforehand.
President: Franklin D. Roosevelt
Amendment #22
Amendment: Two-term Limitation of the President
Year of Ratification: 1951
Amendment Explained: The 22nd amendment determines the President’s term. As a rule, a President is not eligible for election and cannot enter office for more than two terms. Therefore, they cannot be elected for an additional time.
President: Harry S. Truman
Amendment #23
Amendment: District of Columbia Presidential Vote
Year of Ratification: 1961
Amendment Explained: The 23rd amendment ensured the rights of citizens of the District of Columbia. This is specifically designed for the residents who voted for their very own Electors for the Presidential election.
President: John. F Kennedy
Amendment #24
Amendment: Abolition of the Poll Tax
Year of Ratification: 1964
Amendment Explained: The 24th amendment talks about the right of any United States citizen to vote for their Presidential, Senate, or Congress even if they are not paid their taxes.
President: Lyndon B. Johnson
Amendment #25
Amendment: Successor for the Procedure of Presidential Elections
Year of Ratification: 1967
Amendment Explained: The 25th amendment is applied when the President is removed from office, resigns, or dies. In this case, the Vice President takes over the office and makes decisions related to the country.
President: Lyndon B. Johnson
Amendment #26
Amendment: The Right to Vote at the Age of 18
Year of Ratification: 1971
Amendment Explained: Initially, the age at which United States citizens were allowed to vote was 21. However, with the 26th amendment, the right to vote at the age of 18 was ratified.
President: Richard Nixon
Amendment #27
Amendment: Congressional Compensation
Year of Ratification: 1992
Amendment Explained: The 27th amendment states that the salary of those eminent members of Congress cannot be executed until and unless the next representative is elected.
President: George W.H. Bush
The most significant amendment of the United States?
Every amendment in the United States Constitution is of the utmost importance. They help govern the country with its neatly defined rules and regulations. However, the first amendment is deemed to be the most appropriate and vital amendment present in the United States Constitution.
To recap, the first amendment is a part of the Bill of Rights. It has remained unchanged since George Washington, the first President of the United States. The first amendment stipulates that Americans have the freedom to practice their beliefs. This includes freedom of speech, practicing religion, press, and participating in an assembly. As a result, this amendment considers that any individual takes no harmful actions and is not subjected to any misconduct.
Four ways to ratify an amendment
There are four ways and intricate methods of amending the United States Constitution. Each technique takes two steps in total and pays equal importance to the rights of people so that no citizen is exploited.
Method 1
Step 1: The amendment acquired two-thirds votes from both houses of the United States Congress.
Step 2: Once the proposed amendment receives two-thirds votes from the United States Congress, it then should be ratified by at least three-fourths of the legislatures present in the State.
Method 2
Step 1: This amendment method again required at least two-thirds votes from both houses, the House of Representatives and Senate, of the United State Congress.
Step 2: This process, however, is different from the first method. For this, three-fourths of the states should ratify the amendment using Ratification Conventions.
Method 3
Step 1: The third method of amending the US Constitution requires the National Constitutional Convention. This should be called by at least two-thirds of the State legislatures.
Step 2: After acquiring two-thirds votes from the State legislature, the amendment should be ratified by at least three-fourths of the state legislatures.
Method 4
Step 1: The fourth method of amending the US Constitution requires the National Convention. It is called by at least two-thirds of the State legislature.
Step 2: This step is the same as the second step taken in method 2. To recap, this step requires you to ratify the amendment by Ratification Conventions by three-fourth of the State.
Conclusion
We hear the word amendment a lot in the political world and is used by many government officials. The real question we should be asking is: what is an amendment? An amendment is defined as the rules and regulations that help govern a country. They are a crucial part of the Constitution, without which the government cannot manage a country.
The amendment process is taxing and takes a lot of time. The prolonged process occurs because it is important to ensure that no action is taken against the citizens. Amendments present in the United State Constitution are significant and have helped America reach great heights.
An amendment is vital for any country’s Constitution. Each country has its own set of amendments that may vary in content and number. However, amendments are presented and stated in every Constitution.
