# The Constitution **URL:** \ **Category:** Factual Questions\ **Created:** [October 20, 2001, 4:13am UTC](https://boards.straightdope.com/t/the-constitution/88550 "2001-10-20T04:13:41Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![Merita\_Sweet\_16](https://avatars.discourse-cdn.com/v4/letter/m/9de053/32.png) [@Merita\_Sweet\_16](https://boards.straightdope.com/u/Merita_Sweet_16)\ **Post date:** [October 20, 2001, 4:13am UTC](https://boards.straightdope.com/t/the-constitution/88550/1 "2001-10-20T04:13:41Z")
Okay, a girl I’m trying to convince to sleep with me is helping her little sister with an assignment, and she (the little sister) had this bonus question: What two amendments to the constitution were proposed but never ratified? Any ideas? ---
**Author:** ![ShibbOleth](https://avatars.discourse-cdn.com/v4/letter/s/848f3c/32.png) [@ShibbOleth](https://boards.straightdope.com/u/ShibbOleth)\ **Post date:** [October 20, 2001, 4:24am UTC](https://boards.straightdope.com/t/the-constitution/88550/2 "2001-10-20T04:24:08Z")
From a site on Constitutional Law at Emory University: > [@](#): > > 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 2nd 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. [sub]If you get laid off this, I want photos.[/sub] ---
**Author:** ![AWB](https://avatars.discourse-cdn.com/v4/letter/a/bb73d2/32.png) [@AWB](https://boards.straightdope.com/u/AWB)\ **Post date:** [October 20, 2001, 4:56am UTC](https://boards.straightdope.com/t/the-constitution/88550/3 "2001-10-20T04:56:34Z")
Also, the ERA was never passed. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [October 20, 2001, 5:15am UTC](https://boards.straightdope.com/t/the-constitution/88550/4 "2001-10-20T05:15:15Z")
There have been hundreds of amendments proposed which were never ratified. The perennial anti-flag-burning amendment, for example. I recall reading about one proposed in the mid 19th century that would have changed the name of the country to the United States of Earth. (cue “I’m Just an Amendment” from _The Simpsons_) ---
**Author:** ![Una\_Persson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/una_persson/32/346_2.png) [@Una\_Persson](https://boards.straightdope.com/u/Una_Persson)\ **Post date:** [October 20, 2001, 6:27am UTC](https://boards.straightdope.com/t/the-constitution/88550/5 "2001-10-20T06:27:26Z")
The 27th Amendment thing was very odd, to sit for 203 years before being passed. I remember my disbelief over reading about it. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [October 20, 2001, 7:11am UTC](https://boards.straightdope.com/t/the-constitution/88550/6 "2001-10-20T07:11:09Z")
There are literally hundreds of amendments which have been proposed and to which nothing has happened. Perhaps the teacher was referring to those passed by Congress and submitted to the states, but which were not ratified. The House says there are currently six congressionally approved, non-ratified amendments: [http://www.house.gov/house/Constitution/Amendnotrat.html](http://www.house.gov/house/Constitution/Amendnotrat.html) Of particular interest to you may be the third paragraph on that page. ---
**Author:** ![waterj2](https://avatars.discourse-cdn.com/v4/letter/w/858c86/32.png) [@waterj2](https://boards.straightdope.com/u/waterj2)\ **Post date:** [October 22, 2001, 6:00am UTC](https://boards.straightdope.com/t/the-constitution/88550/7 "2001-10-22T06:00:35Z")
[Dillon v. Gloss](http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=256&invol=368) (1921) notes that four ammendments made it partially through the ratification process. One of these was actually ratified in 1992, and another was intended to protect slavery, and could thus be considered dead. This leaves two, which were ratified by one less than the required number of states. Since these were proposed before it was the practice to impose a time frame for ratification, they are theoretically still able to be ratified. Doesn’t note what the ammendments would have said, however. ---
**Author:** ![slipster](https://avatars.discourse-cdn.com/v4/letter/s/df705f/32.png) [@slipster](https://boards.straightdope.com/u/slipster)\ **Post date:** [October 23, 2001, 1:15am UTC](https://boards.straightdope.com/t/the-constitution/88550/8 "2001-10-23T01:15:54Z")
The ERA died as it made the rounds of the states, as did an amendment to abolish child labor. I don’t know that those are “the” two, however, as there have been hundreds proposed over the years that have never made it to inclusion. Possibly the reference was to two amendments Madison drafted which were not adopted as part of The Bill of Rights. One of these became the 27th Amendment, and the other is still out there in the ether.