James Madison proposed 12 amendments to the Constitution, but only 10 were approved. What were the two that were not? AnswerWhen the Constitutional Convention sent the proposed Constitution to the states for ratification, Anti-Federalists voiced strong objections to it, especially criticizing the strength it invested in the national government and its lack of explicit protections for the rights of individuals. Politicians in several states were able to secure their states' ratification of the Constitution only with the promise that it would be almost immediately amended. In 1789, James Madison, then an elected member from Virginia of the First Congress's House of Representatives, proposed 19 amendments meant to answer the objections already raised in the states. The Senate consolidated and trimmed these down to 12, which were approved by Congress and sent out to the states by President Washington in October, 1789. The states ratified the last 10 of the 12 amendments. They became the first 10 amendments to the Constitution, and are now referred to as the Bill of Rights. Not enough states (10 were needed at the time) ratified the first two of Madison's original 12, however, and they did not become law. The first of these would have established how members of the House of Representatives would be apportioned to the states. It was drafted to ensure that members of the House would continue to represent small constituencies even as the general population grew, small enough that Representatives would not be too far removed from the concerns of citizens. In addition, keeping the House of Representatives from being too small was thought to protect against its becoming a kind of oligarchy. Congress did send this amendment to the states, but the number of states that ratified it was just short of the number needed. Although the proposed amendment did not become law, Congressional apportionment is nevertheless grounded in the Constitution (Article 1, Section 2, Paragraph 3) and the total number of members of the House of Representatives is set by federal statute (currently at 435). The second of Madison's 12 amendments forbade Congress from giving itself a pay raise: Congress could vote for a raise but it would only apply from the beginning of the next Congress. This amendment also failed to gather the required number of state ratifications in the years after it was introduced. In 1982, however, Gregory Watson, a university student doing research for a government class, ran across a description of this amendment and realized that it remained "alive" because it had included no language in it about a window of time in which it had to gain the needed number of state ratifications. Watson organized a successful effort to lobby various state legislatures, seeking their ratification of the amendment. As a result, the needed number was eventually reached and this amendment, first proposed in 1789, became the 27th (and most recent) amendment to the U.S. Constitution in 1992.
Richard E. Labunski, James Madison and the Struggle for the Bill of Rights (New York: Oxford University Press, 2006). Jackson Turner Main, The Anti-federalists: critics of the Constitution, 1781-1788 (Chapel Hill: UNC Press, 2004) David J. Siemers, The Antifederalists: men of great faith and forbearance (Lanham, Md.: Rowman & Littlefield, 2003). John R. Vile, A Companion to the United States Constitution and Its Amendments, 4th edition (Westport, Ct.: Greenwood Publishing Group, 2006). John W. Dean, "The Telling Tale of the Twenty-Seventh Amendment: A Sleeping Amendment Concerning Congressional Compensation Is Later Revived," September 27, 2002 (at FindLaw). Images: James Madison medallion, frontispiece of William Cabell Rives, History of the Life and Times of James Madison (Boston: Little, Brown and Company, 1859).
To date, the U.S. Constitution has 27 amendments. The first 10 are known as the Bill of Rights, then the rest generally protect and expand individual rights or outline how government works. Congress, however, has actually proposed 33 constitutional amendments to the states.  Over the next couple of months we’ll be looking at the amendments that Congress proposed but were not ratified by a sufficient number of states (three-fourths of the states must pass an amendment for it to become law). The unratified amendments deal with representation in Congress, titles of nobility, slavery, child labor, equal rights, and DC voting rights. Today we’re taking a closer look at the earliest unratified amendment. In fact, it was the very first amendment ever proposed. Back in 1789, the first Congress drafted 12 amendments and sent them to the states for ratification. By December 15, 1791, enough states had ratified 3 through 12, which eventually became known as the Bill of Rights. Over 200 years later, the original second proposed amendment became the 27th Amendment in 1992. But what happened to the first? The original first (proposed) amendment outlined how many representatives would be in the U.S. House of Representatives. It read: 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. Had that passed, we could have more than 6,000 representatives today compared to the 435 we currently have. The proposed amendment actually came within just one state of being ratified. But by December 15, 1791, when Virginia ratified amendments 2 through 12, it was still short, and action on it ceased. Since Congress did not put a ratification deadline on the proposed amendment, it could theoretically still be ratified. Since only 11 states have ratified it, however, it would need an additional 27 states to be adopted. Since the amendment failed, Congress has been determining the size of the House of Representatives as they saw fit. In 1911, recognizing that the House of Representatives was expanding to unmanageable proportions, Congress decided to limit the number of members to 433. The number was fixed at 433 because it was the lowest number that would prevent any state from losing a member (as you can imagine, no state wanted to lose representation in Congress). Congress also allowed for the addition of one representative for each of the soon-to-be states of Arizona and New Mexico, which brought the total to 435. Exactly how those 435 seats would be divided among the states has been debated and altered, but the number remains at 435. The Reapportionment Act of 1929 reaffirmed the number. The only time the number of representatives in the House changes is when a new state is admitted. When this happens, each new state gets one representative until the next census. This is what occurred when Hawaii and Alaska were admitted in 1959—the size of the House temporarily increased to 437 until the 1960 census. So, unless the requisite states decide to pass the amendment, the House of Representatives will continue to be set at 435. Next we will look at the 1810 proposed amendment restricting U.S. citizens from receiving titles of nobility. |
What are some examples of proposed amendments that passed congress but failed to be ratified?
zusammenhängende Posts
Urheberrechte © © 2024 frojeostern Inc.
