The Constitution: Article Five

Article Five is unique because it only has one section.  It also has only one job: To explain how we can alter the constitution.

To change the constitution to suit the evolving needs of its citizenship, Congress can pass Amendments.  Amendments must be passed by two-thirds majority of both houses, and then present it to the legislatures of the states.  It must be ratified by 3/4ths of the states before it can be accepted into law.

There are currently 27 Amendments that have been ratified as part of the constitution.  Several amendments have been proposed but not voted on, others have been voted on and not quite made the cut vote wise.  There are even a few amendments that missed ratification due to a time limit and lack of state ratifications.

Some examples of failed or still pending Amendments include:

  • The Equal Rights Amendment
    First introduced in 1923 by Alice Paul, this amendment keeps poping up as society seems reluctant to catch up with equal rights in reality rather then theory.  It got as far as being ratfied by 35 states, falling short by 3 by the deadline of the 1972 edition.  It has still come up for a vote in Congress in recent years
  • The “First” Amendment.
    When the Bill of rights was proposed, there were actually 12 amendments, not 10. 11 of those Amendments have been ratitifed as Amendments 1-10, and 27 (which took the longest of any amendment to be ratified). It dealt with the size of congress, and basically deals in thousands when we have millions of citizens now so it doesn’t really fit the current needs of the population.
  • The Nobility Amendment
    This is still on the books to be ratified, but doesn’t really come up often.  It was a restriction on American’s ability to hold international nobility titles.  Basically it came down to Americans could not receive any gifts, income, title from a foreign government without the permission of Congress. Otherwise they must surrender their citizenship to the US
  • The Corwin Amendment
    While James Buchanan was president, an amendment came up that actually protects slavery, and would have made it unconstitutional to do away with slavery.  Its still technically out there to be ratified despite the 13th Amendment which makes it moot and unconstitutional.  Its one of two Amendments that the President actually signed (again, Presidents really have no input in Amendments offically).  The other is the 13th, which was signed by Buchanan’s successor Abraham Lincoln.
  • Child Labor Amendment
    This Amendment would have regulated child labor and made it a federal issue, removing the power from the States.  It has been ratified by 28 states.
  • District of Columbia Amendment
    This amendment would have granted DC representation in Congress.  It wasn’t ratified before the 7 year limit posed on it was reached.
  • 1876 – Anti-Congress Amendment
    As you can well imagine, this one never passed Congress.  The Amendment would have abolished the Senate.

Most Amendment proposals don’t make it out of their respective house.  The last amendment to be ratified was the 27th, which was one of the original 12 amendments made in  1789. It was ratified in 1992, 203 years later.

Further Reading

The Amendment Series

Constitution Center – Top Ten Amendments that haven’t made it (Yet)

US Consitiution.net – Failed Amendments

Lexis Nexis – Failed Amendments

 

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One thought on “The Constitution: Article Five

  1. Pingback: New Series: The Articles of the Constitution | Sokorra's Blog

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