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November 5, 2024 | SCOTUS Clarifies Standard for Retaliatory Arrest Claims
United States Constitution
PREAMBLE : We the People of the United States, in Order to form a more perfect Union, establish Justice, insure
domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty
to ourselves and our Posterity, do ordain and establish this Constitution
Article 5, Section 1
Text of Article 5, Section 1:
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
The 'Travis Translation' of Article 5, Section 1:
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
The fifth article of the Constitution concerns the process by which additions or changes can be made. The process, though difficult, is fairly simple. First, two-thirds of each house of Congress (the Senate and House of Representatives) must propose the amendment. Two-thirds of the state legislatures can also call for an amendment, in which case Congress must call a convention to prose it. After the amendment is proposed, three-fourths of the states must approve of it (today, this is 38 states), either by vote in the legislature or by state convention. Finally, as something of an aside, the article adds that even if these requirements are met, in no way can a state lose its two Senators without the state’s express permission.
All told, there have been 27 amendments to the U.S. Constitution. However, there have been 33 total proposals for amendments passed by two-thirds of the Congress and sent to the states. Of these, four are still pending. Meaning, the proposed amendments did not come with deadlines for ratification. So any state which has yet to ratify the amendment may still do so. These amendments include:
(1) The Congressional Apportionment Amendment (proposed in 1789, ratified by 11 states): Would reapportion the House of Representatives according to a difference scheme. Its calculations are considered unmanageable by today’s standards. It would have set the membership of today’s House in the thousands.
(2) The Titles of Nobility Amendment (proposed in 1810, ratified by 12 states): Would automatically revoke the citizenship of anyone who accepted a title of nobility by a foreign country or, without Congress’ permission, accept essentially any foreign honor whatsoever.
(3) The Corwin Amendment (proposed in 1861, ratified by 2-3 states): Would prohibit any further amendments to the Constitution limiting or prohibiting slavery. Obviously, with the Civil War and the related amendments (13th, 14th, and 15th), this amendment is moot, even though it is still technically pending before the states.
(4) The Child Labor Amendment (proposed in 1924, ratified by 28 states): Would explicitly permit Congress to legislate against child labor.
Beyond these four pending amendments, two others were proposed. But these including time limits in their text. Meaning, because the requisite number of states did not ratify these amendments within the expressly required time, they were revoked and are no longer pending. If movements ever arose for these amendments to be ratified, they would have to be passed in Congress anew. They are:
(1) The Equal Rights Amendment (proposed in 1972): Would have made discrimination on the basis of sex unconstitutional.
(2) The District of Columbia Voting Rights Amendment (proposed in 1978): Would have repealed the 23rd Amendment and given the residents of Washington, D.C. full representation in Congress and the Electoral College as if the district were a state.
All told, there have been 27 amendments to the U.S. Constitution. However, there have been 33 total proposals for amendments passed by two-thirds of the Congress and sent to the states. Of these, four are still pending. Meaning, the proposed amendments did not come with deadlines for ratification. So any state which has yet to ratify the amendment may still do so. These amendments include:
(1) The Congressional Apportionment Amendment (proposed in 1789, ratified by 11 states): Would reapportion the House of Representatives according to a difference scheme. Its calculations are considered unmanageable by today’s standards. It would have set the membership of today’s House in the thousands.
(2) The Titles of Nobility Amendment (proposed in 1810, ratified by 12 states): Would automatically revoke the citizenship of anyone who accepted a title of nobility by a foreign country or, without Congress’ permission, accept essentially any foreign honor whatsoever.
(3) The Corwin Amendment (proposed in 1861, ratified by 2-3 states): Would prohibit any further amendments to the Constitution limiting or prohibiting slavery. Obviously, with the Civil War and the related amendments (13th, 14th, and 15th), this amendment is moot, even though it is still technically pending before the states.
(4) The Child Labor Amendment (proposed in 1924, ratified by 28 states): Would explicitly permit Congress to legislate against child labor.
Beyond these four pending amendments, two others were proposed. But these including time limits in their text. Meaning, because the requisite number of states did not ratify these amendments within the expressly required time, they were revoked and are no longer pending. If movements ever arose for these amendments to be ratified, they would have to be passed in Congress anew. They are:
(1) The Equal Rights Amendment (proposed in 1972): Would have made discrimination on the basis of sex unconstitutional.
(2) The District of Columbia Voting Rights Amendment (proposed in 1978): Would have repealed the 23rd Amendment and given the residents of Washington, D.C. full representation in Congress and the Electoral College as if the district were a state.
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