AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES --------------------------------------------------- [The First Congress, during its first session, on Sept. 25, 1789, submitted to the States twelve proposed amendments to clarify certain rights of States, citizens, and persons not named in the Constitution, commonly known as the Bill of Rights. Proposed amendments 3 through 12 have been ratified by the Legislatures of the necessary number of States, and therefore have been adopted, becoming Amendments I through X. Proposed amendment 2 was ratified by the 38th state in May, 1992, and adopted as Amendment XXVII on May 18, 1992. Proposed amendment 1 has not yet been adopted.] [Following is the preamble to the resolution offering the proposed amendments, along with the first two (unadopted) articles:] Congress of the United States begun and held at the City of New York, on Wednesday the fourth of March, one thousand seven hundred and eight-nine. THE conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the government will best insure the beneficent ends of its institution, RESOLVED by the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States as Amendments to the Constitution of the United States, all or any of which Articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, viz. ARTICLES in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution. ================================================================================ ARTICLE THE FIRST. After the first enumeration required by the first Article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons. ================================================================================ ARTICLE THE SECOND. [See "Article XXVII"!] No law varying the compensation for the services of the Senators and Representatives shall take effect, until an election of Representatives shall have intervened. [Articles three through twelve read precisely as adopted.] The Ten Original Amendments: The Bill of Rights. Passed by Congress September 25, 1789. Ratified December 15, 1791. [Amendments I through X ratified by the necessary 11th State on Dec. 15, 1791. Eleven, instead of ten, States were needed because Vermont had been admitted to the Union after the amendments had been submitted by Congress--the number of States necessary to ratify an amendment is three-fourths of those currently in the Union, not three-fourths of those in the Union when the amendment was submitted. Each of the remaining three States at the time, Massachusetts, Georgia, and Connecticut, did not ratify Amendments I through X until 1939, although is not uncommon for States to fail to ratify amendments which have already been ratified by the necessary number of States and therefore adopted. New Jersey ratified the Bill of Rights on Nov 20, 1789. Then came MD, NC, SC, and NH. Delaware ratified it on December 7, 1787. Then came DE, NY, and PA. Rhode Island ratified it May 29, 1790. VT followed. Virginia completed the process on Dec 15, 1791. Massachusetts didn't get around to ratifiying the Bill of Rights until March 2, 1939. Georgia caught up on March 18, as did Connecticut on April 19, 1939.] ================================================================================ Article I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble and to petition the Government for a redress of grievances. ------- THE FOLLOWING INSERTION IS NOT A PART OF THE LIST OF AMENDMENTS ------- The following are among the amendments which relate to the Second Amendment proposed by states to be included in the Bill of Rights: New Hampshire: XII. Congress shall never disarm any citizen, unless such as are or have been in actual rebellion. Pennsylvania: 7. That the people have a right to bear arms for the defence of themselves and their own state, or the United States, or for the purpose of killing game; and no law shall be passed for disarming the people or any of them, unless for crimes committed, or real danger of public injury from individuals; and as standing armies in the time of peace are dangerous to liberty, they ought not be kept up: and that the military shall be kept under strict subordination to and be goverened by civil powers. New York: That the people have a right to keep and bear arms; that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state. North Carolina: 17. That the people have a right to keep and bear arms; that a well- regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state; that standing armies, in time of peace, are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that, in all cases, the military should be under strict subordination to, and goverened by, the civil power. Rhode Island: XVII. That the people have a right to keep and bear arms; that a well- regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state;... Virginia: 17th. That the people have a right to keep and bear arms; that a well- regulated militia, composed of the body of the people trained to arms, is the proper, natural, and safe defence of a free state; that standing armies, in time of peace, are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that, in all cases, the military should be under strict subordination to, and governed by, the civil power. ----- END OF INSERTIONS WHICH WERE NOT A PART OF THE LIST OF AMENDMENTS ----- ================================================================================ Article II. [RKBA - the Right to Keep and Bear Arms] A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. [As handwritten in the original, with \~~ meaning NO line breaks: Article the fourth.....A well regulated Militia, being \ ~~ necefsary to the security of a free State, the right of \ ~~ the people to keep and bear Arms, shall not be infringed.] [James Madison's orginal Bill of Rights as proposed to the House, 8Jun1789: "The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country; but no person religiously scrupulous of bearing arms shall be compelled to render military service in person."] ================================================================================ Article III. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law. ================================================================================ Article IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ================================================================================ Article V. No person shall be held to answer for a capital or other infamous crime unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. ================================================================================ Article VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which districts shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. ================================================================================ Article VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law. ================================================================================ Article VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ================================================================================ Article IX. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. ================================================================================ Article X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people. ================================================================================ Article XI. [Submitted Mar. 5, 1794; Ratified February 7, 1795; officially proclaimed Jan. 8, 1798] The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign state. [modifies Article III, section 2, clause 1.] ================================================================================ Article XII. [submitted Dec. 9, 1803; Ratified July 27, 1804; proclaimed Sept. 25, 1804] The Electors shall meet in their respective States and vote by ballot for President and Vice President, one of whom at least shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President; and they shall make distinct list of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which list they shall sign and certify, and transmit, sealed, to the seat of the Government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice President shall be the Vice President if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. [the above supersedes Article II, section 1, clause 3.] But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States. [this adds to Article II, section 1, clause 5.] ================================================================================ Article XIII. [proposed Feb. 1, 1865; Ratified December 6, 1865; proclaimed Dec. 18, 1865] 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. [supersedes Article IV, section 2, clause 3.] 2. Congress shall have power to enforce this article by appropriate legislation. ================================================================================ Article XIV. [proposed June 13, 1866; Ratified July 9, 1868; proclaimed July 28, 1868] 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State excluding Indians not taxed. [modifies Article I, section 2, clause 3.] But when the right to vote at any election for the choice of Electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other high crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. 3. No person shall be a Senator or Representative in Congress, or Elector of President and Vice President or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State Legislature or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection and rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void. 5. The Congress shall have power to enforce by appropriate legislation the provisions of this article. ================================================================================ Article XV. [proposed Feb. 26, 1869; Ratified February 3, 1870; proclaimed Mar. 30, 1870] 1. The right of the citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. 2. The Congress shall have power to enforce the provisions of this article by appropriate legislation. ================================================================================ Article XVI. [proposed July 12, 1909; Ratified February 3, 1913; proclaimed Feb. 25, 1913] The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. [modifies Article I, section 9, clause 4.] ================================================================================ Article XVII. [proposed May 16, 1912; Ratified April 8, 1913; proclaimed May 31, 1913] 1. The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislatures. [modifies Article I, section 3, clause 1.] 2. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs or election to fill such vacancies: Provided, That the Legislature of any State may empower the Executive thereof to make temporary appointment until the people fill the vacancies by election as the Legislature may direct. [modifies Article I, section 3, clause 2.] 3. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution. ================================================================================ Article XVIII. [proposed Dec. 18, 1917; Ratified January 16, 1919. proclaimed Jan. 16, 1920] <> 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the Legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. [This Amendment, although ratified by all 48 states except Connecticut and Rhode Island, was later repealed by Amendment XXI.] ================================================================================ Article XIX. [proposed June 4, 1919; Ratified August 18, 1920; proclaimed Aug. 26, 1920] 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. 2. Congress shall have power, by appropriate legislation, to enforce the provisions of this article. ================================================================================ Article XX. [proposed Mar. 2, 1932; proclaimed Feb. 6, 1933] Section 1. The terms of the President and Vice President shall end at noon on the twentieth day of January and the terms of Senators and Representatives at noon on the third day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. -------------------------------------------------------------------------------- Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the third day of January, unless they shall by law appoint a different day. [modifies Article I, section 4, clause 2.] -------------------------------------------------------------------------------- Section 3. If, at the time fixed for the beginning of the term of the President, the President-elect shall have died, the Vice President-elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President-elect shall have failed to qualify, then the Vice President-elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President-elect nor a Vice President-elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and the persons shall act accordingly until a President or Vice President shall have qualified. [modifies Article II, section 1, clause 6.] -------------------------------------------------------------------------------- Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them. -------------------------------------------------------------------------------- Section 5. Sections 1 and 2 shall take effect on the fifteenth day of October following the ratification of this article. -------------------------------------------------------------------------------- Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the Legislatures of three-fourths of the several States within seven years from the date of its submission. ================================================================================ Article XXI. [proposed Feb. 20, 1933; Ratified December 5, 1933; proclaimed Dec. 5, 1933] Section 1. The Eighteenth Article of Amendment to the Constitution of the United States is hereby repealed. -------------------------------------------------------------------------------- Section 2. The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors in violation of the laws thereof is hereby prohibited. -------------------------------------------------------------------------------- Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of submission hereof to the States by the Congress. ================================================================================ Article XXII. [proposed Mar. 21, 1947; Ratified February 27, 1951; proclaimed Feb. 26, 1951] 1. No person shall be elected to the office of the President more than twice, and no person who has held the office or President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term. 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the Legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress. ================================================================================ Article XXIII. [proposed June 16, 1960; Ratified March 29, 1961; proclaimed Mar. 29, 1961] 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment. 2. The Congress shall have power to enforce this article by appropriate legislation. ================================================================================ Article XXIV. [proposed Aug. 27, 1962; Ratified January 23, 1964; proclaimed Jan. 23, 1964] 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. 2. The Congress shall have power to enforce this article by appropriate legislation. ================================================================================ Article XXV. [proposed July 6, 1965; Ratified February 10, 1967; proclaimed Feb. 10, 1967] 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. [modifies Article II, section 1, clause 6.] 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both houses of Congress. [modifies Article II, section 1, clause 6.] 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office. ================================================================================ Article XXVI. [proposed Mar. 8, 1971; Ratified June 30, 1971; proclaimed July 1, 1971] 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or any State on account of age. 2. The Congress shall have the power to enforce this article by appropriate legislation. ================================================================================ Article XXVII. [Passed by Congress September 25, 1789. Ratified 18 May, 1992.] No law varying the compensation for the services of the Senators and Representatives shall take effect, until an election of Representatives shall have intervened. ----- END OF THE AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES ------ PROPOSED AMENDMENTS NOT YET ADOPTED ----------------------------------- [As of 1992, there seem to exist a total of four amendments which have been proposed, but which have not yet been ratified by the Legislatures of the necessary number of States, and therefore have not yet been adopted. Each of these five may yet be adopted. It has become common for Congress to include in proposed amendments a provision requiring adoption within seven years from the time of submission to the States, but such is not the case for the five outstanding proposed amendments. The texts of the earliest such article, proposed in the 1st session of the 1st Congress, is given above. The texts of the remaining three are given here:] Proposed in the 2nd session of the 11th Congress, in 1811: If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall, without consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them. [See "Titles.of.Nobility" document for longer exposition; MAC, 28III94] Proposed in the 2nd session of the 36th Congress, on March 2, 1861: No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State. Proposed in the 1st session of the 68th Congress, in June, 1924: Section 1. The Congress shall have power to limit, regulate, and prohibit the labor of persons under eighteen years of age. Section 2. The power of the several States is unimpaired by this article except that the operation of State laws shall be suspended to the extent necessary to give effect to legislation enacted by the Congress. ----- END OF PROPOSED AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES ------