Omar Bennett
The Constitution of the United States has been amended 27 times, with the first 10 amendments being ratified on December 15, 1791, and known as the Bill of Rights. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines the process for proposing and ratifying amendments. The original document proposing the Bill of Rights is on permanent display in the Rotunda at the National Archives Museum, and the spelling and punctuation reflect the original. The process of amending the Constitution involves Congress proposing an amendment, which is then sent to the Office of the Federal Register for processing and publication. The President does not have a constitutional role in this process. The Archivist of the United States is responsible for administering the ratification process, and the Director of the Federal Register signs the certification as a witness. Amendments have been made to various sections of the Constitution, including Article III, Section 2, and Amendment XI, which was passed by Congress on March 4, 1794, and ratified on February 7, 1795.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | Ratified on December 15, 1791 |
| First Amendment | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the freedom of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. |
| Amendment Process | Proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures |
| Ratification | Ratified by three-fourths of the state legislatures |
| Display | The enrolled original Joint Resolution document is on permanent display in the Rotunda of the National Archives Building, Washington, D.C. |
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What You'll Learn
The US Constitution has been amended 27 times
The US Constitution is a framework for the US government and has been amended 27 times since it was first put into operation on March 4, 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. The original text of the Bill of Rights is on permanent display in the Rotunda at the National Archives Museum.
The US Constitution has been amended more times than any other governing document in the world. Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress. However, none of the proposals made in recent decades have become part of the Constitution. Since 1999, only about 20 proposed amendments have received a vote by either the full House or Senate.
The process of amending the Constitution is a two-step process, designed to strike a balance between the need for change and the need for stability. An amendment may be proposed and sent to the states for ratification by either a two-thirds majority vote in both the Senate and the House of Representatives or by a national convention called by Congress on the application of two-thirds of the state legislatures. Once an amendment is properly proposed and ratified, the Archivist of the United States issues a certificate proclaiming that it has become an operative part of the Constitution.
The 13th, 14th, and 15th amendments are collectively known as the Reconstruction Amendments. Six amendments have been adopted by Congress and sent to the states but have not been ratified by the required number of states. Four of those amendments are still pending, one has failed by its own terms, and one has failed by the terms of the resolution proposing it.
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The first 10 amendments were ratified in 1791
The United States Constitution has been amended 27 times, with the first 10 amendments being ratified in 1791. These first 10 amendments are known as the Bill of Rights, and they were designed to address objections raised by Anti-Federalists by providing specific guarantees of personal freedoms. James Madison, who studied the deficiencies of the Constitution, crafted a series of corrective proposals that would eventually become the Bill of Rights.
On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution, which were then submitted to the states for ratification. However, only 10 of these amendments were ratified on December 15, 1791, and they became Amendments One through Ten of the Constitution.
The Bill of Rights includes important protections for personal freedoms, such as freedom of speech, freedom of religion, freedom of the press, and the right to assemble. It also includes protections against unreasonable searches and seizures, with the requirement that warrants are needed for government intrusion into citizens' homes. The Fourth Amendment, for example, states that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
The Sixth Amendment guarantees certain rights in criminal prosecutions, such as the right to a speedy and public trial by an impartial jury, the right to confront witnesses, and the right to assistance of counsel for the defence. The Eighth Amendment prohibits excessive bail, fines, or cruel and unusual punishments. These amendments were designed to limit the powers of the federal government and protect the natural rights of citizens.
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The Bill of Rights is the first amendment
The original US Constitution, which was written and signed at the Constitutional Convention in Philadelphia in 1787, did not include a bill of rights. However, James Madison drafted the Bill of Rights—the first ten amendments to the Constitution—in 1789 to limit the government's power and protect individual liberties.
The Bill of Rights was proposed by the First Congress of the United States on September 25, 1789, and the original document is on permanent display in the Rotunda of the National Archives Building in Washington, D.C. The proposed amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and they form what is known as the "Bill of Rights."
The First Amendment guarantees freedom of religion, speech, and the press, as well as the right to assemble and petition the government. The Second Amendment protects the right of the people to keep and bear arms, and the Third Amendment prohibits the quartering of soldiers in civilian homes without consent. The Fourth Amendment safeguards citizens' rights to be free from unreasonable searches and seizures, while the Fifth Amendment establishes due process protections for accused persons.
The Sixth Amendment provides additional rights for accused individuals, such as the right to a speedy and public trial, a trial by an impartial jury, and the right to confront witnesses. The Seventh Amendment extends the right to a jury trial in federal civil cases, and the Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishment. The Ninth Amendment states that the listing of specific rights in the Constitution does not deny other rights retained by the people, and the Tenth Amendment affirms that the federal government only has the powers delegated to it by the Constitution.
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The Archivist of the US is responsible for the amendment process
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA). The Archivist is responsible for the supervision and direction of the National Archives. The first Archivist, R. D. W. Connor, began serving in 1934 when the National Archives was established as an independent federal agency by Congress.
The Archivist of the United States is responsible for the amendment process. After Congress proposes an amendment, the Archivist, who heads the NARA, is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification under 1 U.S.C. 106b.
The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to Congress and the Nation that the amendment process has been completed. In a few instances, States have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification.
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The President does not have a constitutional role in the amendment process
In the case of Hollingsworth v. Virginia in 1798, the Supreme Court held that the Eleventh Amendment had been constitutionally adopted. During oral argument, Justice Samuel Chase stated that the President has nothing to do with the proposition or adoption of amendments to the Constitution. This view was reaffirmed in the 1920 Hawke v. Smith case, where the Supreme Court characterised the Court's decision in Hollingsworth as having settled that the submission of a constitutional amendment did not require the action of the President.
Despite examples of Presidents playing an informal, ministerial role in the amendment process, such as President Abraham Lincoln signing the joint resolution proposing the Thirteenth Amendment, the Supreme Court has maintained that the President has no formal constitutional role in that process. The joint resolution does not go to the White House for signature or approval. Instead, the Archivist of the United States is responsible for certifying a state's ratification of a constitutional amendment, and the Director of the Federal Register follows procedures and customs established by the Secretary of State.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. For example, President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment. However, it is important to note that the President's signature is not necessary for the proposal or ratification of an amendment, and the President cannot veto a proposed amendment.
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Frequently asked questions
Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, they can be proposed by a constitutional convention called for by two-thirds of the State legislatures. Once an amendment is ratified by three-fourths of the States, it becomes part of the Constitution.
There have been 27 amendments to the Constitution, beginning with the Bill of Rights, which included the first 10 amendments ratified on December 15, 1791.
The enrolled original Joint Resolution passed by Congress on September 25, 1789, proposing 12 amendments to the Constitution, is on permanent display in the Rotunda of the National Archives Building in Washington, D.C.
