Note 11: This Clause has been affected by amendment XIII.
Note 12: The first ten amendments to the Constitution of the United States (and two others, one of which failed of ratification and the other which later became the 27th amendment) were proposed to the legislatures of the several States by the First Congress on September 25, 1789. The first ten amendments were ratified by the following States, and the notifications of ratification by the Governors thereof were successively communicated by the President to Congress: New Jersey, November 20, 1789; Maryland, December 19, 1789; North Carolina, December 22, 1789; South Carolina, January 19, 1790; New Hampshire, January 25, 1790; Delaware, January 28, 1790; New York, February 24, 1790; Pennsylvania, March 10, 1790; Rhode Island, June 7, 1790; Vermont, November 3, 1791; and Virginia, December 15, 1791.
Ratification was completed on December 15, 1791.
The amendments were subsequently ratified by the legislatures of Massachusetts, March 2, 1939; Georgia, March 18, 1939; and Connecticut, April 19, 1939.
Note 13: Only the 13th, 14th, 15th, and 16th articles of amendment had numbers assigned to them at the time of ratification.
Note 14: This sentence has been superseded by section 3 of amendment XX.
Note 15: See amendment XIX and section 1 of amendment XXVI.
Note 16: Repealed by section 1 of amendment XXI.
Amendments Not Ratified
PROPOSED AMENDMENTS TO THE CONSTITUTION
NOT RATIFIED BY THE STATES
During the course of our history, in addition to the 27 amendmentsthat have been ratified by the required three-fourths of the States, six other amendments have been submitted to the States but have not been ratified by them.
Beginning with the proposed Eighteenth Amendment, Congress has customarily included a provision requiring ratification within seven years from the time of the submission to the States. The Supreme Court in Coleman v. Miller, 307 U.S. 433 (1939), declared that the question of the reasonableness of the time within which a sufficient number of States must act is a political question to be determined by the Congress.
In 1789, twelve proposed articles of amendment were submitted to the States. Of these, Articles III through XII were ratified and became the first ten amendments to the Constitution, popularly known as the Bill of Rights. In 1992, proposed Article II was ratified and became the 27th amendment to the Constitution. Proposed Article I which was not ratified is as follows:
"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.''
Thereafter, in the 2d session of the Eleventh Congress, the Congress proposed the following article of amendment to the Constitution relating to acceptance by citizens of the United States of titles of nobility from any foreign government.
The proposed amendment, which was not ratified by three-fourths of the States, is as follows:
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 section be submitted to the legislatures of the several states, which, when ratified by the legislatures of three fourths of the states, shall be valid and binding, as a part of the constitution of the United States.
If any citizen of the United States shall accept, claim, receive or retain any title of nobility or honour, or shall, without the 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.
There is evidence that this amendment was properly ratified and if it wasn't it should be. Presidents and General officers accepting honours from a monarch is abhorant to a democracy.
The following amendment to the Constitution relating to slavery was proposed by the 2d session of the Thirty-sixth Congress on March 2, 1861, when it passed the Senate, having previously passed the House on February 28, 1861.
It is interesting to note in this connection that this is the only proposed (and not ratified) amendment to the Constitution to have been signed by the President. The President's signature is considered unnecessary because of the constitutional provision that on the concurrence of two-thirds of both Houses of Congress the proposal shall be submitted to the States for ratification.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following article be proposed to the Legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said Legislatures, shall be valid, to all intents and purposes, as part of the said Constitution, viz:
"Article Thirteen
"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.''
If slavery was the root cause of the "Late Unpleasantness" then why was not a serious effort made to ratify this amendment? It had Lincoln's signature on it and theoretically had his support.
A child labor amendment was proposed by the 1st session of the Sixty-eighth Congress on June 2, 1926, when it passed the Senate, having previously passed the House on April 26, 1926. The proposed amendment, which has been ratified by 28 States, to date, is as follows:
Joint Resolution Proposing an Amendment to the Constitution of the United States
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which, when ratified by the legislatures of three-fourths of the several States, shall be valid to all intents and purposes as a part of the Constitution:
"Article--.
"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.''
An amendment relative to equal rights for men and women was proposed by the 2d session of the Ninety-second Congress on March 22, 1972, when it passed the Senate, having previously passed the House on October 12, 1971. The seven-year deadline for ratification of the proposed amendment was extended to June 30, 1982, by the 2d session of the Ninety-fifth Congress. The proposed amendment, which was not ratified by three-fourths of the States by June 30, 1982, is as follows:
Joint Resolution Proposing an Amendment to the Constitution of the United States Relative to Equal Rights for Men and Women
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress:
"Article--
"Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
"Section. 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
"Section. 3. This amendment shall take effect two years after the date of ratification.''
An amendment relative to voting rights for the District of Columbia was proposed by the 2d session of the Ninety-fifth Congress on August 22, 1978, when it passed the Senate, having previously passed the House on March 2, 1978. The proposed amendment, which was not ratified by three-fourths of the States within the specified seven-year period, is as follows:
Joint Resolution Proposing an Amendment to the Constitution To Provide for Representation of the District of Columbia in the Congress.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress:
"Article--
"Section 1. For purposes of representation in the Congress, election of the President and Vice President, and article V of this Constitution, the District constituting the seat of government of the United States shall be treated as though it were a State.
"Section. 2. The exercise of the rights and powers conferred under this article shall be by the people of the District constituting the seat of government, and as shall be provided by the Congress.
"Section. 3. The twenty-third article of amendment to the Constitution of the United States is hereby repealed.
"Section. 4. 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.''
Rhode Island ratified the constitution only after all commercial intercourse with the United States was severed and under threat of invasion and partition by neighboring states.
Journal of the Senate of the United States of America.
TUESDAY, May 11, 1790.
The Senate proceeded to consider the report of the committee appointed the 28th of April, " To consider what provisions will be proper for Congress to make, in the present session, respecting the state of Rhode Island:" whereupon,
Resolved, That all commercial intercourse between the United States and the state of Rhode Island, from and after the first day of July next, be prohibited, under suitable penalties; and that the President of the United States be authorized to demand of the state of Rhode Island,dollars, to be paid into the Treasury of the United States by the ___ day of ___next; which shall be credited to the said state, in account with the United States; and that a bill or bills be brought in for those purposes.
Rhode Island submitted 17 amendments with it's ratification including the following version of the second amendment:
viz:
17th 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; that the militia shall not be subject to martial law except in time of war, rebellion or insurrection; that standing armies in time of peace, are dangerous to liberty, and ought not to be kept up, except in cases of necessity; and that at all times the military should be under strict subordination to the civil power; that in time of peace no soldier ought to be quartered in any house, without the consent of the owner, and in time of war, only by the civil magistrate, in such manner as the law directs.
New Hampshire submitted 12 amendments with it's ratification including the following version of the second amendment:
XII. Congress shall never disarm any citizen, unless such as are or have been in actual rebellion
New York ratified the constitution only after New York City threatened to secede and set up housekeeping on it's own.
New York City also threatened to secede in 1861.
In 1993 Staten Island voted to secede from New York City with 85% of the votes in favor of seccession.
New York's version of the second amendment:
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.
That the militia should not be subject to martial law except in time of war, rebellion or insurrection.
That standing armies in time of peace are dangerous to liberty, and ought not to be kept up, except in cases of necessity, and that at all times the military should be under strict subordination to the civil power.
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