What new amendments should be added to the Constitution why

The need for the Constitution grew out of problems with the Articles of Confederation, which established a “firm league of friendship” between the States, and vested most power in a Congress of the Confederation. This power was, however, extremely limited—the central government conducted diplomacy and made war, set weights and measures, and was the final arbiter of disputes between the States. Crucially, it could not raise any funds itself, and was entirely dependent on the States themselves for the money necessary to operate. Each State sent a delegation of between two and seven members to the Congress, and they voted as a bloc with each State getting one vote. But any decision of consequence required a unanimous vote, which led to a government that was paralyzed and ineffectual.

Table of Contents Show

The Constitutional Convention
Ratification
The Bill of Rights

A movement to reform the Articles began, and invitations to attend a convention in Philadelphia to discuss changes to the Articles were sent to the State legislatures in 1787. In May of that year, delegates from 12 of the 13 States (Rhode Island sent no representatives) convened in Philadelphia to begin the work of redesigning government. The delegates to the Constitutional Convention quickly began work on drafting a new Constitution for the United States.

The Constitutional Convention

A chief aim of the Constitution as drafted by the Convention was to create a government with enough power to act on a national level, but without so much power that fundamental rights would be at risk. One way that this was accomplished was to separate the power of government into three branches, and then to include checks and balances on those powers to assure that no one branch of government gained supremacy. This concern arose largely out of the experience that the delegates had with the King of England and his powerful Parliament. The powers of each branch are enumerated in the Constitution, with powers not assigned to them reserved to the States.

Much of the debate, which was conducted in secret to ensure that delegates spoke their minds, focused on the form that the new legislature would take. Two plans competed to become the new government: the Virginia Plan, which apportioned representation based on the population of each State, and the New Jersey plan, which gave each State an equal vote in Congress. The Virginia Plan was supported by the larger States, and the New Jersey plan preferred by the smaller. In the end, they settled on the Great Compromise (sometimes called the Connecticut Compromise), in which the House of Representatives would represent the people as apportioned by population; the Senate would represent the States apportioned equally; and the President would be elected by the Electoral College. The plan also called for an independent judiciary.

The founders also took pains to establish the relationship between the States. States are required to give “full faith and credit” to the laws, records, contracts, and judicial proceedings of the other States, although Congress may regulate the manner in which the States share records, and define the scope of this clause. States are barred from discriminating against citizens of other States in any way, and cannot enact tariffs against one another. States must also extradite those accused of crimes to other States for trial.

The founders also specified a process by which the Constitution may be amended, and since its ratification, the Constitution has been amended 27 times. In order to prevent arbitrary changes, the process for making amendments is quite onerous. An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification. In modern times, amendments have traditionally specified a time frame in which this must be accomplished, usually a period of several years. Additionally, the Constitution specifies that no amendment can deny a State equal representation in the Senate without that State’s consent.

With the details and language of the Constitution decided, the Convention got down to the work of actually setting the Constitution to paper. It is written in the hand of a delegate from Pennsylvania, Gouverneur Morris, whose job allowed him some reign over the actual punctuation of a few clauses in the Constitution. He is also credited with the famous preamble, quoted at the top of this page. On September 17, 1787, 39 of the 55 delegates signed the new document, with many of those who refused to sign objecting to the lack of a bill of rights. At least one delegate refused to sign because the Constitution codified and protected slavery and the slave trade.

Ratification

The process set out in the Constitution for its ratification provided for much popular debate in the States. The Constitution would take effect once it had been ratified by nine of the thirteen State legislatures; unanimity was not required. During the debate over the Constitution, two factions emerged: the Federalists, who supported adoption, and the Anti-Federalists, who opposed it.

James Madison, Alexander Hamilton, and John Jay set out an eloquent defense of the new Constitution in what came to be called the Federalist Papers. Published anonymously in the newspapers The Independent Journal and The New York Packet under the name Publius between October 1787 and August 1788, the 85 articles that comprise the Federalist Papers remain to this day an invaluable resource for understanding some of the framers’ intentions for the Constitution. The most famous of the articles are No. 10, which warns of the dangers of factions and advocates a large republic, and No. 51, which explains the structure of the Constitution, its checks and balances, and how it protects the rights of the people.

The States proceeded to begin ratification, with some debating more intensely than others. Delaware was the first State to ratify, on December 7, 1787. After New Hampshire became the ninth State to ratify, on June 22, 1788, the Confederation Congress established March 9, 1789 as the date to begin operating under the Constitution. By this time, all the States except North Carolina and Rhode Island had ratified—the Ocean State was the last to ratify on May 29, 1790.

The Bill of Rights

One of the principal points of contention between the Federalists and Anti-Federalists was the lack of an enumeration of basic civil rights in the Constitution. Many Federalists argued, as in Federalist No. 84, that the people surrendered no rights in adopting the Constitution. In several States, however, the ratification debate in some States hinged on the adoption of a bill of rights. The solution was known as the Massachusetts Compromise, in which four States ratified the Constitution but at the same time sent recommendations for amendments to the Congress.

James Madison introduced 12 amendments to the First Congress in 1789. Ten of these would go on to become what we now consider to be the Bill of Rights. One was never passed, while another dealing with Congressional salaries was not ratified until 1992, when it became the 27th Amendment. Based on the Virginia Declaration of Rights, the English Bill of Rights, the writings of the Enlightenment, and the rights defined in the Magna Carta, the Bill of Rights contains rights that many today consider to be fundamental to America.

The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.

The Second Amendment gives citizens the right to bear arms.

The Third Amendment prohibits the government from quartering troops in private homes, a major grievance during the American Revolution.

The Fourth Amendment protects citizens from unreasonable search and seizure. The government may not conduct any searches without a warrant, and such warrants must be issued by a judge and based on probable cause.

The Fifth Amendment provides that citizens not be subject to criminal prosecution and punishment without due process. Citizens may not be tried on the same set of facts twice and are protected from self-incrimination (the right to remain silent). The amendment also establishes the power of eminent domain, ensuring that private property is not seized for public use without just compensation.

The Sixth Amendment assures the right to a speedy trial by a jury of one’s peers, to be informed of the crimes with which one is charged, and to confront the witnesses brought forward by the government. The amendment also provides the accused the right to compel testimony from witnesses, as well as the right to legal representation.

The Seventh Amendment provides that civil cases preserve the right to trial by jury.

The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments.

The Ninth Amendment states that the list of rights enumerated in the Constitution is not exhaustive, and that the people retain all rights not enumerated.

The Tenth Amendment assigns all powers not delegated to the United States, or prohibited to the States, to either the States or to the people.

Learn more about the Constitution

The Constitution is a living and evolving document. One of the ways that the Constitution is changed is through the amendment process. It can be an arduous process, requiring agreement by many different segments of society and the government, and it does not always work out. But it is the only way to make a permanent change to the Constitution. Changes in interpretation are common as time progresses, but only by having actual text added can a change be called a part of the Constitution.

In every session of Congress, hundreds of constitutional amendments are proposed. Almost never do any of them become actual Amendments. In fact, almost never do any of them even get out of committee.

According to a study by C-SPAN, this is a count of the number of amendments proposed in each of the sessions of Congress in the 1990's:

106th (1999 only): 60
105th (1997-98): 103
104th (1995-96): 158
103rd (1993-94): 156
102nd (1991-92): 165
101st (1989-90): 214

It is interesting to see the types of things our legislators want to do the Constitution. Proposed amendments are a reflection of the mood of the nation, or of a subset of the population.

These lists are simple bullets, not detailed examinations of the proposed amendments, the bills that carried them, or the process they went through. If a further examination is desired, a search of the Thomas database can be done.

Please note that some proposed amendments are proposed over and over again in different sessions of Congress. For the sake of brevity, I have used the 102nd Congress as a "baseline" and each subsequent Congress has only new ideas for amendments listed. Also note that just because a proposed amendment is not listed in prior sessions does not mean it was not proposed in prior sessions.

109th Congress (2005-2006)

To ensure reproductive rights of women
To force the Congress and President to agree to a balanced budget, with overspending allowed only in the case of a three-fifths vote of Congress
To ensure that all children who are citizens have a right to a "free and adequate education"
To specifically permit prayer at school meetings and ceremonies
To allow non-natural born citizens to become President if they have been a citizen for 20 years
To specifically allow Congress to regulate the amount of personal funds a candidate to public office can expend in a campaign
To ensure that apportionment of Representatives be set by counting only citizens
To make the filibuster in the Senate a part of the Constitution
To provide for continuity of government in case of a catastrophic event
The "Every Vote Counts" Amendment - providing for direct election of the President and Vice President, abolishing the Electoral College
To clarify eminent domain, specifically that no takings can be transferred to a private person except for transportation projects
Providing a right to work, for equal pay for equal work, the right to organize, and the right to favorable work conditions
To allow the President to reduce any Congressional appropriation, or to disapprove of same (akin to a line-item veto)

108th Congress (2003-2004)

To lower the age restriction on Representatives and Senators from 30 and 25 respectively to 21
To ensure that citizens of U.S. territories and commonwealths can vote in presidential elections
To guarantee the right to use the word "God" in the Pledge of Allegiance and the national motto
To restrict marriage in all states to be between a man and a woman
To remove any protection any court may find for child pornography
To allow Congress to pass laws for emergency replenishment of its membership should more than a quarter of either house be killed
To place Presidential nominees immediately into position, providing the Senate with 120 days to reject the nominee before the appointment is automatically permanent

107th Congress (2001-2002)

Calling for the repeal of the 8th Amendment and its replacement with wording prohibiting incarceration for minor traffic offenses
To specify that progressive income taxes must be used
To specify a right to "equal high quality" health care
To limit pardons granted between October 1 and January 21 of any presidential election year
To require a balanced budget without use of Social Security Trust Fund monies
To allow for any person who has been a citizen of the United States for twenty years or more to be eligible for the Presidency
To force the members of Congress and the President to forfeit their salary, on a per diem basis, for every day past the end of the fiscal year that a budget for that year remains unpassed

106th Congress (1999-2000)

To provide a new method for proposing amendments to the Constitution, where two-thirds of all state legislatures could start the process
To allow Congress to enact campaign spending limits on federal elections
To allow Congress to enact campaign spending limits on state elections
To declare that life begins at conception and that the 5th and 14th amendments apply to unborn children
To prohibit courts from instructing any state or lower government to levy or raise taxes

105th Congress (1997-1998)

To force a national referendum for any deficit spending
To provide for the reconfirmation of federal judges every 12 years
To prohibit the early release of convicted criminals
To establish the right to a home
To define the legal effect of international treaties
To clarify that the Constitution neither prohibits nor requires school prayer
To establish judicial terms of office

104th Congress (1995-1996)

To clarify the meaning of the 2nd Amendment
To provide for the reconfirmation of federal judges every 6 years
To force a two-thirds vote for any bill that raises taxes
To repeal the 16th Amendment and specifically prohibit an income tax
To provide for removal of any officer of the U.S. convicted of a felony
To permit the States to set term limits for their Representatives and Senators

103rd Congress (1993-1994)

To allow a Presidential pardon of an individual only after said individual has been tried and convicted of a crime
To allow Congress to pass legislation to allow the Supreme Court to remove federal judges from office
To provide for the reconfirmation of federal judges every 10 years
To provide for the recall of Representatives and Senators
To remove automatic citizenship of children born in the U.S. to non-resident parents
To enable or repeal laws by popular vote
To define a process to allow amendments to the Constitution be proposed by a popular ("grass-roots") effort
To force a three-fifths vote for any bill that raises taxes
To prohibit retroactive taxation
To provide for run-off Presidential elections if no one candidate receives more than 50% of the vote
To prohibit abortion
To bar imposition on the States of unfunded federal mandates

102nd Congress (1991-1992)

To disallow the desecration of the U.S. Flag
To allow a line-item veto in appropriations bills
To expand the term of Representatives to four years
To force a balanced budget
To prohibit involuntary busing of students
To make English the official language of the United States
To set term limits on Representatives and Senators
To repeal the 22nd Amendment (removing Presidential term limits)
To guarantee a right to employment opportunity for all citizens
To grant protections to unborn children
To provide for "moments of silence" in public schools
To allow Congress to regulate expenditures for and contributions to political campaigns
To provide for the rights of crime victims
To provide for access to medical care for all citizens
To repeal the 2nd Amendment (right to bear arms)
To prohibit the death penalty
To protect the environment
To repeal the 26th Amendment (granting the vote to 18-year olds) and granting the right to vote to 16-year olds
To provide equal rights to men and women

As an example of the tenacity of some ideas, the desire to repeal the 22nd Amendment is a very popular one. Using the Thomas database, we searched all the way back to the 99th Congress, which started in 1985, for proposals to repeal the 22nd. In 2005, there was a great deal of discussion, and derision, of a new proposal to repeal the 22nd. But the derision, certainly, was unwarranted. Every Congress since the 99th has had at least one proposal with the sole intent of repealing the 22nd. Other proposed amendments to otherwise affect the 22nd, such as replacing the two-term limit with a single six-year term, extend back to at least 1979's 96th Congress, but were not included in this list.