Constitutional Amendments
Now, before we get started, you guys realize that the Constitution, the Amendments and the Bill of Rights, were all written by old, white men, okay? Blacks, Hispanics, even women, didn't have much of a say in how we were going to form a more perfect union.
An amendment is the only way the Constitution can be changed (more or less you can only add to the Constitution). In order for it to become law, it has to pass both Houses by a majority vote, and then brought to the States for a vote. A 3/4 majority of the states is required for an Amendment to be ratified.
There are twenty-one Amendments to the U.S. Constitution. The first 10 Amendments are called the Bill of Rights. By the way, the synopses below are my interpretation of said Amendments. If I screwed up, my apologies...
An amendment is the only way the Constitution can be changed (more or less you can only add to the Constitution). In order for it to become law, it has to pass both Houses by a majority vote, and then brought to the States for a vote. A 3/4 majority of the states is required for an Amendment to be ratified.
There are twenty-one Amendments to the U.S. Constitution. The first 10 Amendments are called the Bill of Rights. By the way, the synopses below are my interpretation of said Amendments. If I screwed up, my apologies...
The Bill of Rights (Amendments 1-10)
The first ten Amendments to the Constitution serve to protect individual freedoms, limit the power of government, and reserve some powers to state and local governments. They were ratified on December 15, 1791.
First Amendment: Prohibits the creation of any State church/religion. No government or person can enforce or promote a single religion (no one religion is better than another) and allows a person's right to practice their chosen religion. It also provides for freedom of speech, the right to assemble peaceably, and freedom of the press. (I would think somehow this would affect the influence of the Religious Right in the GOP, but evidently not).
Second Amendment: Actually, there are two versions to this Amendment; one passed by Congress, and the other that was ratified by the States.
Congressional Version: A well-regulated Militia, being necessary the the security of a Free State, the right of people to keep and bear Arms, shall not be infringed.
State-Ratified Version: A well-regulated militia being necessary to the security of a free State, the right of people to keep and bear arms.
The original intent was to ensure that an individual had the right to protect themselves. My personal opinion is that the Founding Fathers, fresh from breaking free from oppressive British rule, wanted citizens to be able to protect themselves and be able to fight back, I dunno - in case of a Zombie Apocalypse - not the individual's right to maintain their own armory. When this Amendment was ratified, the average citizen had muskets, not assault weapons, and if the Founding Fathers could have foreseen 100-round clips and AK-47's, they probably would have added a stipulation.
Third Amendment: Prohibits the quartering of soldiers on private property or in private homes, without the owner's consent. This is a pretty obsolete Amendment, and usually only brought out of mothballs as a basis for the right of privacy.
Fourth Amendment: The right of people to be secure in their own homes. Provides against unlawful searches and seizing of property. A warrant must be issued to provide for such search, and this warrant must be based on reasonable cause.
Fifth Amendment: This amendment can be traced back to the Magna Carta of 1215. It guarantees the right to a fair trial, the right not to self-incriminate ("pleading the fifth", get it?). It also states that a person cannot be tried twice for the same crime (double indemnity).
Sixth Amendment: The right to a speedy and public trial by an impartial jury. It further stipulated that the trial must be held in the jurisdiction where the offense occurred. This Amendment also says the individual must be told what crime they are being accused of, along with the right to be confronted by persons witnessing against him. It allows the Court to decide if a defendant is competent to stand trial. Most importantly it provides for the right to Counsel, with the attorney of his or her choice, and the right to represent one's self at trial.
Seventh Amendment: The right to a jury trial.
Eighth Amendment: Provides against excessive fines, bail and prevents cruel and unusual punishment. It also allows the Court to deny bail if the crime is serious enough. It also prevented the execution of a defendant found guilty if under the age of 18, or mentally handicapped. (We generally ignore this law in Texas).
Ninth Amendment: This Amendment generally allows the Court to invalidate any government expansion. This Amendment is only applicable to the federal government. That being said, this Amendment doesn't really limit further governmental power.
Tenth Amendment: States that individual states will retain their sovereignty, independence and freedom, while keeping right, power and jurisdiction not expressly delegated to the federal government.
The Remaining Amendments
Eleventh Amendment: This Amendment was adopted following a Supreme Court ruling in 1793. It maintains that the Federal Judicial System has the authority to hear cases filed by citizens of other states. It allows the Court to hear cases between a State and it's citizen.
Twelfth Amendment: Outlines procedure for the election of the President and Vice President of the United States.
Thirteenth Amendment: Abolished slavery. In addition, it prohibited "debt-servitude" as repayment of a debt. Only Congress has the power to enforce this law through appropriate legislation.
Fourteenth Amendment:
Fifteenth Amendment: The Right to Vote, regardless of race, color, or if they were previously a slave. Many Southern States defied this Amendment in instituting a Poll Tax, a literacy test, or such ridiculous precursors as counting how many jellybeans were in the jar, or how many bubbles were in a bar of soap.
Sixteenth Amendment: Gave Congress the ability to collect taxes, regardless of a States population or gross amount of income. This Amendment further defined the difference between a "direct" and "indirect" tax.
Seventeenth Amendment: Defined the number (2) and terms (6 years) of U.S. Senators, and how they were to be selected. It also instructed States how to replace vacancies.
Eighteenth Amendment: Imposed Prohibition on the manufacturing, sale, possession, or consumption of alcohol. Enacted in January 16, 1919, this is the ONLY Amendment to be repealed (1933).
Nineteenth Amendment: Gave women the right to vote. Texas was 43rd in the Nation to give women the right to vote.
Twentieth Amendment: Stated that the term the President and Vice President shall end at noon on the 20th of January. The terms of congressmen and Senators shall at noon on January 3rd of the year in which their term will end. Additionally, should the President die or become incapacitated during his term, Congress had the power to select a President, and in the event of loss of the Vice President, the Senate would have the power to elect a replacement. This was better defined by the 25th Amendment, passed Feb.10, 1967.
Twenty-first Amendment: This Amendment repealed the 18th Amendment. In addition, it gave States the jurisdiction to regulate alcohol sales and consumption. This legislation resulted in the institution of liquor licenses.
Twenty-second Amendment: Established term limits for the President to two four-year terms. Additionally, if somehow an ex-President was elected VP and the presiding President died, then the ex-President could serve an additional 2 years, for a total of 10 years.
Twenty-third Amendment: Allowed members of the District of Columbia the right to vote for members of the Electoral College.
Twenty-fourth Amendment: Prohibited states from collecting a Poll Tax from citizens wishing to vote, giving Congress the power to enforce the law. At the time it was ratified, Virginia, Alabama, Texas, Arkansas, and Mississippi were the only states to enforce a poll tax.
Twenty-fifth Amendment: States that in the event the President could no longer carry out the requirements of his Office, the Vice Presidetn will assume his duties.
Twenty-sixth Amendment: Established a national voting age of 18. Prior to that, only 4 states allowed anyone under 21 to vote.
Twenty-seventh Amendment: States that member of Congress are not permitted to adjust their respective wages in the middle of a term. If there is a proposed wage adjustment, Congress needs to address it prior to the beginning of their term. This amendment took the 2nd longest between proposal and ratification, 4 years.
First Amendment: Prohibits the creation of any State church/religion. No government or person can enforce or promote a single religion (no one religion is better than another) and allows a person's right to practice their chosen religion. It also provides for freedom of speech, the right to assemble peaceably, and freedom of the press. (I would think somehow this would affect the influence of the Religious Right in the GOP, but evidently not).
Second Amendment: Actually, there are two versions to this Amendment; one passed by Congress, and the other that was ratified by the States.
Congressional Version: A well-regulated Militia, being necessary the the security of a Free State, the right of people to keep and bear Arms, shall not be infringed.
State-Ratified Version: A well-regulated militia being necessary to the security of a free State, the right of people to keep and bear arms.
The original intent was to ensure that an individual had the right to protect themselves. My personal opinion is that the Founding Fathers, fresh from breaking free from oppressive British rule, wanted citizens to be able to protect themselves and be able to fight back, I dunno - in case of a Zombie Apocalypse - not the individual's right to maintain their own armory. When this Amendment was ratified, the average citizen had muskets, not assault weapons, and if the Founding Fathers could have foreseen 100-round clips and AK-47's, they probably would have added a stipulation.
Third Amendment: Prohibits the quartering of soldiers on private property or in private homes, without the owner's consent. This is a pretty obsolete Amendment, and usually only brought out of mothballs as a basis for the right of privacy.
Fourth Amendment: The right of people to be secure in their own homes. Provides against unlawful searches and seizing of property. A warrant must be issued to provide for such search, and this warrant must be based on reasonable cause.
Fifth Amendment: This amendment can be traced back to the Magna Carta of 1215. It guarantees the right to a fair trial, the right not to self-incriminate ("pleading the fifth", get it?). It also states that a person cannot be tried twice for the same crime (double indemnity).
Sixth Amendment: The right to a speedy and public trial by an impartial jury. It further stipulated that the trial must be held in the jurisdiction where the offense occurred. This Amendment also says the individual must be told what crime they are being accused of, along with the right to be confronted by persons witnessing against him. It allows the Court to decide if a defendant is competent to stand trial. Most importantly it provides for the right to Counsel, with the attorney of his or her choice, and the right to represent one's self at trial.
Seventh Amendment: The right to a jury trial.
Eighth Amendment: Provides against excessive fines, bail and prevents cruel and unusual punishment. It also allows the Court to deny bail if the crime is serious enough. It also prevented the execution of a defendant found guilty if under the age of 18, or mentally handicapped. (We generally ignore this law in Texas).
Ninth Amendment: This Amendment generally allows the Court to invalidate any government expansion. This Amendment is only applicable to the federal government. That being said, this Amendment doesn't really limit further governmental power.
Tenth Amendment: States that individual states will retain their sovereignty, independence and freedom, while keeping right, power and jurisdiction not expressly delegated to the federal government.
The Remaining Amendments
Eleventh Amendment: This Amendment was adopted following a Supreme Court ruling in 1793. It maintains that the Federal Judicial System has the authority to hear cases filed by citizens of other states. It allows the Court to hear cases between a State and it's citizen.
Twelfth Amendment: Outlines procedure for the election of the President and Vice President of the United States.
Thirteenth Amendment: Abolished slavery. In addition, it prohibited "debt-servitude" as repayment of a debt. Only Congress has the power to enforce this law through appropriate legislation.
Fourteenth Amendment:
- Any person born or naturalized within the United States are considered U.S. Citizens, and subject to the freedoms and authority of same.
- The Government cannot make or enforce any law that diminishes the privileges and immunities of citizens of the United States.
- The Government cannot deprive a person of life, liberty, or property ("Life, Liberty and the Pursuit of Happiness") without due process. All people within a State's jurisdiction have equal protection under the law.
Fifteenth Amendment: The Right to Vote, regardless of race, color, or if they were previously a slave. Many Southern States defied this Amendment in instituting a Poll Tax, a literacy test, or such ridiculous precursors as counting how many jellybeans were in the jar, or how many bubbles were in a bar of soap.
Sixteenth Amendment: Gave Congress the ability to collect taxes, regardless of a States population or gross amount of income. This Amendment further defined the difference between a "direct" and "indirect" tax.
Seventeenth Amendment: Defined the number (2) and terms (6 years) of U.S. Senators, and how they were to be selected. It also instructed States how to replace vacancies.
Eighteenth Amendment: Imposed Prohibition on the manufacturing, sale, possession, or consumption of alcohol. Enacted in January 16, 1919, this is the ONLY Amendment to be repealed (1933).
Nineteenth Amendment: Gave women the right to vote. Texas was 43rd in the Nation to give women the right to vote.
Twentieth Amendment: Stated that the term the President and Vice President shall end at noon on the 20th of January. The terms of congressmen and Senators shall at noon on January 3rd of the year in which their term will end. Additionally, should the President die or become incapacitated during his term, Congress had the power to select a President, and in the event of loss of the Vice President, the Senate would have the power to elect a replacement. This was better defined by the 25th Amendment, passed Feb.10, 1967.
Twenty-first Amendment: This Amendment repealed the 18th Amendment. In addition, it gave States the jurisdiction to regulate alcohol sales and consumption. This legislation resulted in the institution of liquor licenses.
Twenty-second Amendment: Established term limits for the President to two four-year terms. Additionally, if somehow an ex-President was elected VP and the presiding President died, then the ex-President could serve an additional 2 years, for a total of 10 years.
Twenty-third Amendment: Allowed members of the District of Columbia the right to vote for members of the Electoral College.
Twenty-fourth Amendment: Prohibited states from collecting a Poll Tax from citizens wishing to vote, giving Congress the power to enforce the law. At the time it was ratified, Virginia, Alabama, Texas, Arkansas, and Mississippi were the only states to enforce a poll tax.
Twenty-fifth Amendment: States that in the event the President could no longer carry out the requirements of his Office, the Vice Presidetn will assume his duties.
Twenty-sixth Amendment: Established a national voting age of 18. Prior to that, only 4 states allowed anyone under 21 to vote.
Twenty-seventh Amendment: States that member of Congress are not permitted to adjust their respective wages in the middle of a term. If there is a proposed wage adjustment, Congress needs to address it prior to the beginning of their term. This amendment took the 2nd longest between proposal and ratification, 4 years.