Overview
This multi-post series on the 🇺🇸 US Constitution covers the document itself, the history surrounding it, and offers critical thoughts after over two centuries of constitutional government. The full text of the Constitution may be accessed online.
Part II
This post offers a brief overview of the amendments.
There are currently twenty-seven (27) amendments to the US Constitution. They are summarized below, with the year of ratification denoted in parentheses.
Amendment 1 (1791) #
Freedom of speech, religion, press, assembly, and petition for a redress of grievances.
Prohibits the establishment of a religion.
Amendment 2 (1791) #
The right to bear arms may not be infringed.
Amendment 3 (1791) #
Prevents quartering of troops. During peacetime, requires consent of the owner; during wartime, must follow the law.
Amendment 4 (1791) #
Protects against unreasonable searches and seizures of “persons, houses, papers, and effects”. Requires a warrant for such actions.
Amendment 5 (1791) #
Generally requires a Grand Jury indictment for a person to be held to answer for a capital or “otherwise infamous crime”.
Prevents double jeopardy cases.
Offers protection against being compelled to testify against oneself in criminal cases.
May not be deprived of life, liberty, or property without due process.
Private property may not be taken for public use without just compensation.
Amendment 6 (1791) #
Those accused in criminal trial have a right to a speedy and public trial by an impartial jury. They are also guaranteed:
- to be informed of the nature and cause of the accusation
- to be confronted by the witnesses
- to have the ability to call witnesses in his favor
- to have legal assistance for his defense
Amendment 7 (1791) #
In civil cases with value exceeding $20, a jury trial shall be available.
No case tried by the jury may be re-examined by another court except “according to the rules of the common law”.
Amendment 8 (1791) #
Prevents excessive bail, excessive fines, and cruel and unusual punishments.
Amendment 9 (1791) #
The enumeration of certain rights in the constitution does not imply other rights do not exist because of their absence.
Amendment 10 (1791) #
Powers not delegated to the United States or prohibited to it by the states are reserved to the states or to the people.
Amendment 11 (1795) #
The federal courts do not have jurisdiction over suits brought by citizens against a state, or by citizens or subjects of any foreign state.
Amendment 12 (1804) #
Revises the electoral system for President and Vice President.
As described in Article II Section 1, the President would be whoever won the most electoral votes, and the Vice President would be whoever placed second.
These positions are now two separate elected offices; votes are cast for President, and votes are cast for Vice President.
Amendment 13 (1865) #
Abolishes slavery within the United States and any place under its jurisdiction.
Amendment 14 (1868) #
Establishes citizenship rights in four distinct clauses:
- All persons are born or naturalized in the United States are citizens. States may not deprive them of the privileges or immunities, or of equal protection, of the laws of the United States.
- If a state tries to deny or abridge its citizens’ right to vote in federal elections, the apportionment of representation may be reduced based upon the proportion of those being denied or abridged their voting rights
- No one may be elected to serve in federal office if they have engaged in insurrection or rebellion against the United States. Congress may override this with a two-thirds vote.
- The debt incurred by the federal government to pay for the Civil War is valid. The debts incurred by rebelling states, and any claim for the loss or emancipation of slaves, are invalid.
Amendment 15 (1870) #
Protects voting rights of individuals of color (“race, color, or previous condition of servitude”).
Amendment 16 (1913) #
Congress may levy and collect taxes on income.
Amendment 17 (1913) #
Senators are now elected by popular vote.
When a vacancy occurs in a senate seat, the executive authority of the state may issue a special election to fill the vacancy, and may also make a temporary appointment as prescribed by law of the state legislature.
Amendment 18 (1919) #
Prohibits the sale, manufacture, transport, importation, or exportation of intoxicating liquors.
Amendment 19 (1920) #
Establishes women’s suffrage.
Amendment 20 (1933) #
Adjusts the terms of the President and Vice President to end at noon on January 20th.
Adjusts the terms of Senators and Representatives to end at noon on January 3rd.
Provides protocol for contingency cases, such as if the President-elect dies before taking office, or if both President-elect and Vice President-elect die before taking office.
Amendment 21 (1933) #
Repeals the 18th amendment, ending Prohibition. State laws prohibiting alcohol may still remain in effect.
Amendment 22 (1951) #
Establishes a term limit for President of two terms.
Amendment 23 (1961) #
The District of Columbia is granted electors, as if it were a state, for the purpose of electing a President and Vice President. The number of electors granted may not exceed that of the least populous state.
Amendment 24 (1964) #
Prohibits poll taxes (or other taxes) as a barrier to voting in any primary or other election for federal office.
Amendment 25 (1967) #
Establishes and clarifies rules around presidential succession in four distinct clasues:
- If the President is removed, dies, or resigns, the Vice President becomes President (not acting President)
- In case of vacancy in the office of Vice President, the President shall nominate someone to fill the seat, pending confirmation of both houses of Congress
- The President may declare to the President pro tempore of the Senate and Speaker of the House of Representatives that he is unable to discharge the powers and duties of his office. In this case, the Vice President serves as acting President. The President may later revoke this status.
- The Vice President, along with support of a majority of Cabinet members, may declare the President unable to discharge the powers and duties of his office. In this case, the Vice President serves as acting President.
Amendment 26 (1971) #
Lowers the voting age requirement to eighteen (18).
Amendment 27 (1992) #
Laws adjusting the compensation of Senators and Representatives may not take effect until the next election of Representatives.
The post above provides a summary of the amendments to the Constitution. In future posts I’ll discuss the history surrounding the convention, highlight the parallels and differences between the Declaration of Independence and Constitution, and discuss some thoughts and critique I have. Stay tuned!
Thoughts or comments on this post? Send me an email at greg@greglang.me!