Eleanor Finch
The Constitution of the United States has been amended several times since it was enacted in 1789. Amendments are changes or additions to the Constitution and can be proposed by Congress or by a national convention called by Congress upon the request of two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50 states) to become an official part of the Constitution. The process of amending the Constitution is outlined in Article V of the Constitution, and the responsibility for administering the ratification process falls on the Archivist of the United States. So far, there have been 27 successful amendments, with the first 10 being ratified simultaneously and known as the Bill of Rights. These amendments are an integral part of the Constitution and hold the same legal weight as the original document.
| Characteristics | Values |
|---|---|
| Number of amendments to the Constitution | 27 |
| Number of proposed amendments | 33 |
| Number of proposed amendments that have not been ratified | 6 |
| Number of proposals to amend the Constitution since 1789 | 11,848 |
| Number of amendments in the Bill of Rights | 10 |
| Number of amendments in the Reconstruction Amendments | 3 |
| Minimum number of states required to ratify an amendment | 38 |
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What You'll Learn
The ratification process
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 state legislatures. However, in practice, all 33 amendments submitted to the states for ratification have originated in Congress. Once proposed, the amendment is sent to the states for ratification.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist notifies the states by sending a registered letter to each state's governor, who then formally submits the amendment to their state legislature or ratifying convention.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50). When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who then conveys it to the Director of the Federal Register. The Director examines the ratification documents for legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until the amendment is adopted or fails.
Once the Director of the Federal Register verifies that the required number of authenticated ratification documents has been received, a formal proclamation is drafted 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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The role of the Archivist
An archivist is responsible for maintaining an organisation's records. This involves the meticulous documentation of the location of every document stored, regardless of whether the records are electronic or hard copy. Archivists also monitor access to records, as specific regulations often surround which documents can be accessed by whom. For example, within a government agency, access to records may be restricted to those with a certain level of security clearance.
Archivists also play a role in the creation of information, working closely with record-keepers to develop means to identify and preserve digital records. They are tasked with the conservation of evidence attaching to the documents committed to their charge, providing the means of knowledge to those who wish to access it. This can include providing lectures and creating educational resources for visitors, such as in a museum setting.
In the context of the US Constitution, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process of amendments to the Constitution. When a State ratifies a proposed amendment, it sends the Archivist a certified copy of the State action, which is then conveyed to the Director of the Federal Register. The Archivist does not make any substantive determinations regarding the validity of State ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive.
In a broader sense, the role of the archivist is to make other people's work possible. This involves an understanding of the societal, institutional, and individual construction of memory and its representation and transmission over time. Archivists must also consider concerns surrounding intellectual property, individual privacy, the conditions under which materials can be accessed, and the protection of the integrity of digital materials.
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Congress's role in proposing amendments
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly 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 "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory proposal. The Archivist of the United States, who heads the NARA, is then responsible for administering the ratification process. 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).
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.
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The Bill of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. It was proposed following the 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists. The Anti-Federalists wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty.
The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, assemble, and other natural and legal rights. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), the Northwest Ordinance (1787), the English Bill of Rights (1689), and the Magna Carta (1215).
On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. Ten of the proposed 12 amendments were ratified by three-fourths of the state legislatures on December 15, 1791. The ratified Articles (Articles 3–12) constitute the first 10 amendments of the Constitution, or the U.S. Bill of Rights. In 1992, 203 years after it was proposed, Article 2 was ratified as the 27th Amendment to the Constitution. Article 1 was never ratified.
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The Reconstruction Amendments
The 15th Amendment, proposed in 1869 and ratified in 1870, completes the trio of Reconstruction Amendments. It prohibits federal and state governments from denying citizens the right to vote based on race, colour, or previous servitude. The Reconstruction Amendments were intended to guarantee the freedom and civil rights of formerly enslaved individuals and protect them and all United States citizens from discrimination. However, the promise of these amendments was undermined by state laws and federal court decisions in the late 19th century, particularly the Jim Crow laws enacted after 1876 that curtailed the rights of African Americans.
The full realisation of the Reconstruction Amendments' goals had to wait until the mid-20th century, with landmark Supreme Court decisions such as Brown v. Board of Education in 1954, and civil rights legislation like the Civil Rights Act of 1964 and the Voting Rights Act of 1965. The process of amending the Constitution is outlined in Article V of the Constitution and involves proposals by Congress or constitutional conventions, ratification by a specified number of states, and certification by the Archivist of the United States.
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Frequently asked questions
33 amendments have been proposed by the United States Congress.
27 amendments have been ratified and are part of the Constitution.
The authority to amend the Constitution comes from 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. Once an amendment is proposed, it is sent to the States for ratification. An amendment becomes part of the Constitution when ratified by three-fourths of the States (38 out of 50).
The Archivist of the United States is responsible for administering the ratification process. They receive the original or certified copy of the State action when a State ratifies a proposed amendment. The Archivist then issues a certificate proclaiming that the amendment has become an operative part of the Constitution.
The first ten amendments, ratified on December 15, 1791, are collectively known as the Bill of Rights.
