Amendments: Understanding The Constitution's Evolution

The United States Constitution has been amended several times since it was enacted in 1789. Amendments are changes to the Constitution that must be ratified by a certain number of states to become part of the Constitution. There have been 27 amendments to the Constitution, with the first ten, known as the Bill of Rights, being ratified in 1791. Amendments can change the text of the Constitution, like how the 14th Amendment modified Article I, Section 2, or they can add entirely new sections, like the 17th Amendment, which established the election of Senators by popular vote. Not all proposed amendments become part of the Constitution, as they must meet specific requirements, such as ratification by three-fourths of the states within a set time frame.

Explore related products

Constitutional Amendments: Making, Breaking, and Changing Constitutions

$92.7 $130

Declaration Of Independence, Constitution Of The United States Of America, Bill Of Rights And Constitutional Amendments

$9.2

The Constitution of the United States of America, with the Bill of Rights and all of the Amendments; The Declaration of Independence; and the Articles of Confederation

$4.5 $4.5

The U.S. Constitution for Everyone: Features All 27 Amendments (Perigee Book)

$11 $24

US Constitution: Declaration of Independence, Bill of Rights, & Amendments

$7.64 $7.64

Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2015: 2 volumes

$208

The ratification process

The process of amending the United States Constitution is outlined in Article V of the Constitution. Amendments can be proposed either 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 state legislatures. Notably, none of the 27 amendments to the Constitution have been proposed by a constitutional convention.

Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration's (NARA) 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 copies of the joint resolution.

The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist officially notifies each state's governor that an amendment has been proposed, and the governors then submit the amendment to their state legislatures or call for a convention, depending on Congress's specifications.

For an amendment to become part of the Constitution, it must be ratified by either three-quarters of state legislatures or ratifying conventions in three-quarters of states, depending on the mode of ratification specified by Congress. This process has only been used once in American history, with the ratification of the Twenty-First Amendment in 1933, which repealed the Eighteenth Amendment and ended prohibition.

When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state's action. Upon receiving the required number of state ratifications, the Archivist issues a certificate proclaiming that the amendment has been duly ratified and is now part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.

The length of time between the proposal and ratification of an amendment does not seem to affect its validity. In Coleman v. Miller (1939), the Supreme Court held that the timeliness of ratification is a political question left to Congress's discretion. This precedent allowed for the proclamation of the Twenty-seventh Amendment in 1992, over two centuries after the proposal.

Amendments as additions

The United States Constitution has had 27 amendments, the first 10 of which are collectively known as the Bill of Rights. These amendments were ratified on December 15, 1791. Amendments are additions to the Constitution, and they can be made by proposing and ratifying new articles. According to the Constitution, amendments must be ratified by three-fourths of the state legislatures or state ratifying conventions. This process is governed by statutes enacted by Congress.

The first 10 amendments, or the Bill of Rights, were ratified simultaneously and include the following:

• The first amendment is about the protection of certain rights, such as freedom of speech and religion, the right to peaceably assemble, and the right to petition the government.
• The second amendment guarantees the right of the people to keep and bear arms.
• The third amendment ensures that soldiers cannot be housed in civilian homes without the owner's consent in peacetime.
• The fourth amendment protects citizens against unreasonable searches and seizures by the government.
• The fifth amendment outlines legal rights, such as protection against double jeopardy and self-incrimination.
• The sixth amendment guarantees the right to a fair trial, including the right to a speedy trial, an impartial jury, and assistance of counsel.
• The seventh amendment ensures the right to a trial by jury in civil cases.
• The eighth amendment prohibits excessive bail, fines, and cruel and unusual punishments.
• The ninth amendment states that rights not specifically enumerated in the Constitution are retained by the people.
• The tenth amendment clarifies that powers not delegated to the federal government are reserved for the states or the people.

Since the Bill of Rights, there have been several other notable amendments, including:

• The Thirteenth Amendment, which abolished slavery and involuntary servitude (except as punishment for crimes).
• The Fourteenth Amendment, which granted citizenship to all persons born or naturalized in the United States and guaranteed them due process and equal protection under the law.
• The Fifteenth Amendment, which prevented the denial of the right to vote based on race, colour, or previous condition of servitude.
• The Seventeenth Amendment, which changed the composition of the Senate by requiring Senators to be elected by the people of their state.
• The Twenty-first Amendment, which repealed the Eighteenth Amendment and ended the prohibition of alcohol.

Amendments as modifications

The United States Constitution has been amended 27 times, with the first 10 amendments being ratified on December 15, 1791, and forming what is known as the Bill of Rights. These amendments were proposed by Congress and ratified by the legislatures of three-fourths of the states, or by state ratifying conventions in three-fourths of the states. Amendments can modify the Constitution by adding new provisions or by superseding existing ones. For example, Article I, Section 2 of the Constitution was modified by Section 2 of the 14th Amendment, which granted citizenship to all persons born or naturalized in the United States and guaranteed them equal protection under the law.

Similarly, Article III, Section 2 was modified by the 11th Amendment, which limited the judicial power of the United States in certain cases, and Article II, Section 1 was superseded by the 12th Amendment. In some cases, amendments can also be used to repeal earlier amendments, such as the 21st Amendment, which repealed the 18th Amendment and ended prohibition.

The process of amending the Constitution begins with a proposal by Congress, followed by ratification by the requisite number of states. This process is governed by statutes enacted by Congress. The Supreme Court affirmed Congress's authority to set a ratification deadline in Coleman v. Miller (1939). While many proposals have been introduced, no amendments have been added to the Constitution in recent decades.

Amendments are an important tool for modifying the Constitution and ensuring that it remains a living document that can adapt to the changing needs and values of the nation. They allow for the protection of new rights and the correction of deficiencies in the original document. The process of amending the Constitution ensures that any changes are carefully considered and supported by a broad consensus.

Explore related products

The U.S. Constitution: Explained--Clause by Clause--for Every American Today

$9.97 $12

The Constitution and the Declaration of Independence: The Constitution of the United States of America

$9.99 $9.99

The Declaration of Independence and United States Constitution with Bill of Rights and all Amendments (Annotated)

$0.99 $3.89

The Evolution of the U.S. Constitution: Unveiling the Origins and Impact of America's Bill of Rights and Constitutional Framework

$1.99

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99

The Constitution of the United States and The Declaration of Independence

$1.99

Amendments as repeals

The process of amending the Constitution involves proposing and ratifying changes to the document. To become part of the Constitution, an amendment must be ratified by a certain number of states. Since the early 20th century, Congress has often stipulated that an amendment must be ratified by three-quarters of the states (38 states since 1959) within seven years of being proposed to the states.

Amendments can modify or repeal existing parts of the Constitution. For example, Article I, Section 2 of the Constitution was modified by Section 2 of the 14th Amendment, and Article III, Section 2 was modified by the 11th Amendment. The 17th Amendment also modified Article I, Section 3 of the Constitution.

The 21st Amendment, ratified in 1933, is unique among the amendments to the US Constitution as it is the only one that explicitly repeals a prior amendment. It repealed the 18th Amendment, which had established the prohibition of alcohol, by prohibiting the importation of alcohol into states that banned it. The 21st Amendment also added language to the Constitution, stating that individual states had the power to define alcohol laws within their borders.

Although it is rare, there have been discussions about repealing other amendments. For instance, there have been talks about repealing the 17th Amendment (direct election of senators), the 16th Amendment (federal income tax), and the 22nd Amendment (presidential term limits). However, these discussions have not come close to fruition.

Congress's role

The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Amendments can be 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. Congress has played a significant role in the amendment process, proposing 33 amendments and sending them to the states for ratification.

Congress has the power to set a ratification deadline for amendments, as affirmed by the Supreme Court in Coleman v. Miller (1939). This ensures that an amendment is not left pending indefinitely and must be ratified within a specified timeframe. Congress has also enacted statutes governing the constitutional amendment process, providing detailed procedures for proposing and ratifying amendments.

Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Office of the Federal Register (OFR) within NARA plays a crucial role in administering the ratification process. They prepare an information package for the states, including formal copies of the joint resolution. The OFR also examines ratification documents submitted by the states for legal sufficiency and authenticity.

When an amendment receives the required ratification from three-fourths of the states (38 out of 50), the OFR drafts a formal proclamation for the Archivist of the United States to certify. This certification confirms that the amendment has become an operative part of the Constitution and is published in the Federal Register as official notice to Congress and the nation.

In addition to proposing amendments, Congress also has the power to enforce certain articles of the Constitution through appropriate legislation, as specified in some amendments. For example, the 14th Amendment grants Congress the power to enforce the article abolishing slavery and guaranteeing citizenship rights.

Frequently asked questions