Omar Bennett
Amendments to the U.S. Constitution are changes to the Constitution that have been proposed by Congress and ratified by a sufficient number of states. Since 1789, there have been approximately 11,848 proposals to amend the Constitution, with around 200 amendments typically proposed during each two-year term of Congress. Of these, only 27 amendments have been successfully ratified and have become part of the Constitution. The process of amending the Constitution is outlined in Article V, which establishes two methods for proposing amendments and sets forth procedures for their ratification.
| Characteristics | Values |
|---|---|
| Number of amendments proposed to the Constitution of the United States | 33 |
| Number of amendments ratified | 27 |
| Number of proposals to amend the Constitution introduced in Congress since 1789 | ~11,848 |
| Number of proposals to amend the Constitution introduced in Congress since 1789 (as of January 3, 2019) | 11,000+ |
| Number of amendments proposed by members of the House and Senate during each two-year term of Congress | ~200 |
| Number of proposed amendments that have received a vote by either the full House or Senate since 1999 | ~20 |
| Number of amendments with the necessary two-thirds support in both the House and the Senate for submission to the states | 1 (last in 1978) |
| First 10 amendments | Ratified in 1791 and known as the Bill of Rights |
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What You'll Learn
The Bill of Rights
The amendments in the Bill of Rights guarantee personal freedoms, such as freedom of speech, freedom to practice religion, the right to assemble, and other natural and legal rights. They also explicitly limit the government's power, declaring that all powers not specifically granted to the federal government by the Constitution are reserved for the states or the people.
The Third Amendment, for example, prevents the government from forcing homeowners to allow soldiers to use their homes, addressing a law that previously allowed British soldiers to take over private homes. The Fourth Amendment prohibits unreasonable searches and seizures, ensuring that warrants are issued only upon probable cause and with specific descriptions of the places to be searched and items to be seized. The Fifth Amendment provides several protections for people accused of crimes, including the right against self-incrimination and the protection from double jeopardy.
The creation of the Bill of Rights was not without opposition. James Madison, for instance, initially opposed the idea, arguing that enumerating the rights of the people would imply that any rights not mentioned did not exist. He also believed that the federal government's powers were limited and did not include the power to take away people's rights. However, Madison eventually agreed to support the addition of a bill of rights and even served as its author. He included the 9th Amendment to clarify that just because a right is not listed does not mean it does not exist.
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Congress's role
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution, which does not require the President's signature or approval. The original document is forwarded directly to the National Archives and Records Administration (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.
Congress can propose amendments whenever two-thirds of both Houses deem it necessary. Alternatively, on the application of the legislatures of two-thirds of the States, Congress shall call a Convention for proposing amendments. However, none of the 27 amendments to the Constitution have been proposed by a constitutional convention.
Once Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. 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 in order, the Director acknowledges receipt and maintains custody of them.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). The OFR then 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, serving as official notice to Congress and the Nation that the amendment process is complete.
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Ratification by states
The process of amending the US Constitution is outlined in Article Five of the US Constitution. According to Article Five, amendments may be proposed by 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.
Once an amendment is proposed, it is submitted to the states for ratification. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each state governor, along with informational material. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the state legislatures or by ratifying conventions in three-quarters of the states. This means that 38 out of 50 states must ratify the amendment. The vote of each state carries equal weight, regardless of its population or length of time in the Union.
The process of ratification by state legislatures or conventions is left to the discretion of Congress. In the past, some state legislatures have not waited to receive official notice before taking action on a proposed amendment. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who maintains custody of the documents.
Once the required number of authenticated ratification documents is received, the OFR 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 serves as official notice to Congress and the nation that the amendment process is complete.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President.
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Reconstruction Amendments
Amendments are changes or additions to the United States Constitution. They are a way to alter the country's fundamental law without having to rewrite the entire document. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a national convention called by Congress at the request of two-thirds of the state legislatures. Once proposed, amendments must be ratified by three-quarters of the state legislatures or by special ratifying conventions in three-quarters of the states.
The Reconstruction Amendments are the Thirteenth, Fourteenth, and Fifteenth Amendments to the United States Constitution, adopted between 1865 and 1870. These amendments were passed in the five years immediately following the American Civil War and were part of the effort to reconstruct the country, particularly the American South. The Thirteenth Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. It was the first of the Reconstruction Amendments and changed a portion of Article IV, Section 2 of the Constitution.
The Fourteenth Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. It changed a portion of Article I, Section 2 of the Constitution. This amendment guarantees that all persons born or naturalized in the United States are citizens and that no state shall deprive any person of life, liberty, or property without due process.
The Fifteenth Amendment, the last of the Reconstruction Amendments, was proposed in 1869 and ratified in 1870. It prohibits the federal and state governments from denying a citizen the right to vote based on "race, color, or previous condition of servitude." This amendment was important in protecting the voting rights of African Americans, particularly in the post-Civil War era.
While the Reconstruction Amendments were significant steps towards guaranteeing freedom and civil rights for the formerly enslaved, their promise was eroded by state laws and federal court decisions in the late 19th century. It was not until the mid-20th century, with Supreme Court decisions like Brown v. Board of Education and civil rights legislation, that the full benefits of these amendments were realized.
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Unratified amendments
The process of amending the US Constitution is outlined in Article Five of the Constitution. Amendments must be properly proposed and ratified before becoming operative. This can be initiated by 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 state legislatures.
Despite the large number of proposals put forward to amend the Constitution, only 27 amendments have been ratified. Six amendments have been submitted to the states but have not been ratified by the required three-fourths majority. These unratified amendments cover a range of issues, including representation in Congress, titles of nobility, slavery, child labour, equal rights, and voting rights in Washington, DC.
The first unratified amendment, proposed in 1789, would have set the number of representatives in Congress at a minimum of 100, increasing incrementally as the population grew. This amendment, if ratified, would have resulted in a significantly larger number of representatives than the 435 currently serving.
Another notable unratified amendment relates to slavery. During the second session of the 36th Congress on March 2, 1861, a proposed amendment was signed by the President, stating that no amendment should authorise Congress to abolish or interfere with domestic institutions within any state, including slavery.
The most recent proposal to gain the necessary two-thirds support in both the House and the Senate for submission to the states was the District of Columbia Voting Rights Amendment in 1978, which also failed to be ratified.
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Frequently asked questions
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.
27 amendments have been ratified and are now part of the Constitution.
Article V outlines the procedures for amending the Constitution. It states that two-thirds of both Houses of Congress must propose amendments, or two-thirds of the state legislatures must apply for a Convention to propose amendments. These amendments are then sent to the states for ratification and must be ratified by three-fourths of the state legislatures or conventions.
