Several proposed amendments have failed to be ratified by the states after being approved by Congress. They are listed here for completeness.
Please note that there were numerous amendments submitted to Congress which never received a 2/3 vote. They are not included here.
Article 1 of the original Bill of Rights
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.
Proposed in 1789 and ratified by 10 states (last in 1791), this proposed amendment is still ‘live’ in that no final ratification date was specified.
The Anti-Title Amendment
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.
Proposed in 1810 and ratified by 12 states (last in 1812), this proposed amendment is still ‘live’ in that no final ratification date was specified.
The Slavery Amendment
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.
Proposed in 1861 and ratified by 2 states (last in 1862), this proposed amendment is still ‘live’ in that no final ratification date was specified, though the 13th Amendment effectively rendered this proposal moot.
The Child Labor Amendment
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.
Proposed in 1926, this amendment was ratified by 28 states (last in 1937), this proposed amendment is still ‘live’ in that no final ratification date was specified, though Supreme Could rulings have effectively rendered it unnecessary.
The Equal Rights Amendment (ERA)
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.
Proposed in 1926, this amendment was sent to the states in 1972 (with a 10-year ratification deadline). It expired unratified in 1982, having been ratified by only 32 states.
The Washington DC Voting Rights Amendment
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.
Proposed in 1978 and sent to the states with a 10-year ratification deadline, this proposal expired unratified in 1985, having been ratified by only 16 states.
