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Tag: Constitutional Amendments

Amending the Constitution: 100 Days to 200 Years

The Constitution hasn’t changed much since it was adopted in 1787.

However, it has been tweaked by 27 amendments—some were ratified in a few months, another took more than two centuries.

The ink on the Constitution had barely dried in 1787 when people discovered what it did not say. It did not spell out adequately, they argued, the individual rights that citizens of the United States had under the Constitution.

So James Madison, the “father of the Constitution” and a member of the House of Representatives from Virginia, went to work.

The result: 12 amendments. They were approved by Congress in late 1789 and sent to the 13 states for ratification, which, then as now under the Constitution, required three-quarters of the state legislatures or constitutional conventions.

Twelve? Yes, but only ten (originally numbers three through 12), known to us all today as the Bill of Rights, were approved. It took 811 days to ratify those ten, and they became part of the Constitution on December 15, 1791. Each December 15, we observe Bill of Rights Day.

The proposed first amendment, dealing with congressional apportionment, has never been ratified. The proposed second amendment, dealing with congressional pay, was approved by the Michigan and New Jersey legislatures on the same day in 1992—more than 202 years after Congress submitted it to the 13 states. By 1992, … [ Read all ]

The 16th Amendment and 100 years of Federal income taxes

The 16th Amendment and the first Internal Revenue Bureau Form 1040 will be on display from April 1 to April 30 at the National Archives in Washington, DC. Today’s guest post comes to us from education and exhibit specialist Michael Hussey.

“Congress shall have the power to lay and collect taxes on incomes, from whatever sources derived, without apportionment among the several states and without regard to any census or enumeration.” 16th Amendment to the Constitution

Each April, millions of Americans stay up late, snap pencils, and double-check their math as they complete their Federal income tax returns.  This year marks the centennial of the constitutional amendment that made this a yearly ritual.

The Civil War prompted the first American income tax, a flat 3 percent on all annual incomes over $800, in 1861. Congress enacted a 2-percent tax on annual income over $4,000 in 1894, but it was quickly struck down as unconstitutional by the Supreme Court.

By the early 20th century, members of both the Democratic and Republican parties advocated a constitutional amendment allowing a Federal income tax. On July 12, 1909, Congress passed a joint congressional resolution proposing such an amendment. The resolution was then sent to the states for consideration. By February 3, 1913, three-quarters of the states—the number required by the Constitution for ratification—had approved it. Certified by Secretary of State … [ Read all ]