CONSTITUTION NOT RATIFIED BY THE STATES
During the course of our history, in addition to the 26 amendments which 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 18th amendment, Congress has customarily included a provision requiring ratification within 7 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, at the time of the submission of the Bill of Rights, 12 proposed amendments were submitted to the States. Of these, articles III-XII were ratified and became the firft 10 amendments to the Constitution. Proposed articles I and II were not ratified. The following is the text of those articles:
Article I. 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.
Article II. No law varying the compensation for the services of the Senators and Representatives shall take effect, until an election of Representatives shall have intervened.
Thereafter, in the 2d session of the 11th Congress, the Congress proposed the following 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 reads 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.