The Power Struggles of Constitutional Amendments

Published on October 10, 2024

by Jonathan Ringel

The United States Constitution is widely regarded as one of the most influential documents in history. Its conception marked the birth of a nation and provided the framework for a thriving democracy. However, the Constitution is not a static document and has undergone various amendments since its ratification in 1788. These changes, made through a process known as constitutional amendment, have sparked power struggles throughout American history. In this article, we will explore the power struggles surrounding constitutional amendments and the impact they have had on the nation.The Power Struggles of Constitutional Amendments

The Evolution of Constitutional Amendments

When the United States Constitution was first ratified, it consisted of only seven articles and 27 amendments. However, over the years, the number of amendments has increased to 27, with the most recent amendment being added in 1992. This evolution of constitutional amendments reflects the growth and development of the nation.

Amendments to the Constitution can be proposed in two ways: by a two-thirds vote of both houses of Congress or by a convention called by two-thirds of the states. Once an amendment is proposed, it must be ratified by three-fourths of the states in order to become a part of the Constitution. This process, while intended to be difficult, has sparked power struggles throughout American history.

The Power Struggle of Slavery and the 13th, 14th, and 15th Amendments

Perhaps the most well-known power struggle surrounding constitutional amendments occurred during the Civil War and Reconstruction era. As the nation wrestled with the issue of slavery, the 13th, 14th, and 15th Amendments were added to the Constitution. These amendments aimed to abolish slavery, grant citizenship to African Americans, and provide suffrage for black men. However, implementing these amendments proved to be a difficult and contentious process.

The 13th Amendment was the first of the “Reconstruction Amendments” to be ratified. It faced opposition from Southern states and sparked debates over the power of the federal government versus the power of the states. The 14th Amendment, which granted citizenship to all individuals born or naturalized in the United States, was also met with resistance, particularly in the Southern states. This amendment, along with the 15th Amendment, which granted black men the right to vote, proved to be ineffective in protecting the rights of African Americans during the Reconstruction era. The power struggles surrounding these amendments ultimately resulted in the failure of Reconstruction and the continuation of systemic racism in the United States.

The Equal Rights Amendment: A Decades-Long Power Struggle

In 1923, suffragist Alice Paul proposed the Equal Rights Amendment (ERA), which aimed to guarantee equal legal rights for all citizens regardless of their sex. However, it wasn’t until the 1960s and 1970s that the ERA gained widespread support and was finally passed by Congress in 1972. The amendment then needed to be ratified by three-fourths of the states in order to become a part of the Constitution. However, it fell short of the necessary number, with only 35 states ratifying it before the deadline in 1982.

The ERA sparked heated debates over the role of women in society and raised questions about the power of the federal government to enact change. Opponents argued that the ERA would eliminate important protections for women, such as alimony and the ability to not be drafted into the military. Supporters argued that the amendment was necessary to ensure equal rights for all citizens. Even today, the ERA remains a contentious issue, with several states still lobbying for its ratification.

The Role of the Supreme Court in Constitutional Amendments

While the power to propose and ratify constitutional amendments is given to Congress and the states, the Supreme Court also plays a crucial role in interpreting the Constitution. Through landmark cases, the Court has shaped the meaning and application of constitutional amendments, often sparking power struggles between different branches of government.

One example of the Supreme Court’s role in constitutional amendments is the 19th Amendment, which granted women the right to vote. While this amendment was ratified in 1920, it wasn’t until the 1960s that the Supreme Court began to interpret it in a way that truly granted women equal voting rights. In the 1960s, the Court began to strike down state laws that hindered women’s access to the ballot box, such as poll taxes and literacy tests.

The Continuing Power Struggles of Constitutional Amendments

The power struggles surrounding constitutional amendments did not end with the ratification of the 27th Amendment in 1992. In recent years, the debate over the Second Amendment, which guarantees the right to bear arms, has sparked intense power struggles between gun rights advocates and those calling for stricter gun control measures.

The power struggles surrounding constitutional amendments are a reflection of the ever-evolving nature of the United States. As society changes and new issues arise, it is inevitable that there will be debates and power struggles surrounding amendments to the Constitution. However, it is through these struggles that the nation continues to shape and redefine itself, staying true to the principles laid out in the Constitution over 200 years ago.

In Conclusion

The power struggles surrounding constitutional amendments have shaped American history and continue to influence the nation today. From the fight for civil rights to the debate over women’s rights and the ongoing debate over gun control, the process of amending the Constitution has sparked intense debates and power struggles throughout the nation’s history. As the United States continues to grow and evolve, it is certain that this process will continue, shaping the nation for generations to come.