Eleanor Finch
The United States Constitution has been amended 27 times since it was enacted in 1789. For an amendment to become part of the Constitution, it must be ratified by at least three-fourths of US states. The first ten amendments, ratified in 1791, are collectively known as the Bill of Rights. Notable amendments include the 13th Amendment, which abolished slavery, the 19th Amendment, which introduced women's suffrage, and the 22nd Amendment, which established presidential term limits. The most recent amendment, the 27th Amendment, states that no law can change the compensation for Senators and Representatives until after an election of Representatives has taken place.
| Characteristics | Values |
|---|---|
| Number of Amendments to the US Constitution | 27 |
| Number of Amendments proposed by the US Congress | 33 |
| Number of Amendments ratified by the requisite number of states | 27 |
| Number of Amendments pending | 4 |
| Number of Amendments closed | 2 |
| Number of Amendments proposed since 1789 | 11,848 |
| Number of Amendments proposed in each two-year term of Congress | 200 |
| Number of Amendments that are part of the Bill of Rights | 10 |
| Number of Amendments that are Reconstruction Amendments | 3 |
| Minimum number of states required to ratify an Amendment | 38 |
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What You'll Learn
The ratification process
The United States Constitution outlines the process of amending it in Article V. Amendments to the Constitution 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, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), 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. The Director of the Federal Register examines ratification documents for facial legal sufficiency and an authenticating signature.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states) by either the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. This process is determined by Congress. Once an amendment is ratified by the required number of states, the Archivist issues a certificate proclaiming that the amendment has become an operative part of the Constitution.
It is important to note that the President does not have a constitutional role in the amendment or ratification processes. Once an amendment is ratified, it becomes an official part of the Constitution without requiring any further action from Congress or any other entity.
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Amendments 11-27
There have been 27 amendments to the US Constitution, with the first 10 being ratified simultaneously on December 15, 1791, and known collectively as the Bill of Rights. To become part of the Constitution, an amendment must be ratified by at least three-fourths of the states (38 since 1959).
Amendment XI
Passed by Congress on March 4, 1794, and ratified on February 7, 1795, Amendment XI modified Article III, Section 2 of the Constitution. It protects the states from lawsuits filed by citizens of other states or countries.
Amendment XII
Passed by Congress on August 27, 1962, and ratified on January 23, 1964, Amendment XII requires separate ballots for the offices of president and vice president.
Amendment XIII, XIV, and XV
These amendments, known collectively as the Reconstruction Amendments, banned slavery, defined citizens and their rights, and prohibited national and state governments from denying the vote based on race.
Amendment XVI
Amendment XVI allows Congress to tax incomes.
Amendment XVII
Amendment XVII establishes the direct election of US senators.
Amendment XVIII
Amendment XVIII banned the making, selling, and shipping of alcoholic beverages.
Amendment XIX
Amendment XIX extended the right to vote to women.
Amendment XX
Amendment XX changes the date for starting a new congressional term and inaugurating a new president.
Amendment XXII
Amendment XXII limits the number of terms a president can serve to two.
Amendment XXIII
Amendment XXIII gives citizens of Washington, D.C., the right to vote in presidential elections.
Amendment XXIV
Amendment XXIV bans poll taxes.
Amendment XXVII
Passed by Congress on March 21, 1947, and ratified on February 27, 1951, Amendment XXVII states that no law varying the compensation for the services of senators and representatives shall take effect until an election of representatives has intervened.
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The Bill of Rights
The 27 amendments are part of the US Constitution, and the first ten of these are known collectively as the Bill of Rights. The amendments of the Bill of Rights were proposed by the First Congress of the United States in 1789, and ratified in 1791. They were written to address objections raised by Anti-Federalists during the 1787–88 debate over the ratification of the Constitution.
James Madison, who initially opposed the idea of a bill of rights, was the author of the amendments. He included the 9th Amendment, which clarifies that just because a right has not been listed in the Bill of Rights does not mean that it does not exist. This was because Madison and the other Framers believed that natural rights are too numerous to list.
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The Reconstruction Amendments
The Thirteenth Amendment abolished slavery and involuntary servitude, except as punishment for a crime. It was proposed by Congress and passed by the Senate on April 8, 1864, and by the House on January 31, 1865. The amendment was swiftly ratified by all but three Union states (Delaware, New Jersey, and Kentucky). The Thirteenth Amendment changed a portion of Article IV, Section 2 of the Constitution, granting Congress the power to enforce it through appropriate legislation.
The Fourteenth Amendment addresses citizenship rights and equal protection under the law for all persons. It was proposed by Congress on June 13, 1866, and ratified on July 9, 1868. This amendment changed a portion of Article I, Section 2 of the Constitution. A portion of the Fourteenth Amendment was later modified by the Twenty-Sixth Amendment.
The Fifteenth Amendment prohibits the federal and state governments from denying a citizen the right to vote based on "race, color, or previous condition of servitude." It was ratified on February 3, 1870, as the third and final Reconstruction Amendment. This amendment was proposed in response to the narrowing of voting rights to white men only in 1869, and the narrow election of Ulysses S. Grant to the presidency in 1868, which convinced Republicans of the importance of protecting the franchise of Black men.
While the Reconstruction Amendments were significant steps towards guaranteeing freedom and civil rights for the formerly enslaved and protecting the rights of all citizens, their promise was eroded by state laws and federal court decisions in the late 19th century. This included the passage of Jim Crow laws in some states after 1876, which restricted the rights of African Americans. It was not until the mid-20th century, with Supreme Court decisions like Brown v. Board of Education in 1954 and civil rights legislation such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965, that the full benefits of these amendments were realized.
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Nullification and repeal
Nullification is considered an act by a state that deems a federal law unconstitutional and declares it unenforceable within its borders. It is often accompanied by legislation that prohibits the enforcement of the federal law in question. While some argue that nullification can be undertaken by a single state, others propose that it requires the support of multiple states to be effective.
The concept of nullification is rooted in the belief that states possess the authority to interpret the Constitution independently and can void federal laws that exceed the delegated powers of the federal government. This idea was articulated in the Kentucky Resolutions of 1798 by Thomas Jefferson and James Madison, who asserted that states formed the Constitution as a compact, retaining powers not specifically granted to the federal government.
Historically, nullification has been invoked in various contexts, including by several New England states in response to the Embargo Act of 1807, which restricted foreign trade. However, the most well-known instance of nullification is the case of Georgia's attempt to nullify federal treaties with the Cherokees in the 1820s. Georgia passed laws asserting jurisdiction over Cherokee lands and invalidating Cherokee nation laws, directly contradicting federal treaties. The Supreme Court, in Worcester v. Georgia, rejected Georgia's nullification attempt, upholding the supremacy of federal treaties in matters pertaining to Indian affairs.
The only amendment that explicitly repeals an earlier one is the 21st Amendment, which repealed the 18th Amendment and ended Prohibition. The 18th Amendment had established the prohibition of alcohol, but it faced challenges in enforcement, leading to its repeal by the 21st Amendment in 1933. This amendment granted individual states the authority to regulate alcohol-related laws within their borders.
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Frequently asked questions
Yes, there have been 27 amendments to the US Constitution, all of which remain a part of it.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 since 1959). This can be done through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. Congress has also set a ratification deadline of seven years from the date of submission to the states.
The first 10 amendments, ratified on December 15, 1791, are collectively known as the Bill of Rights. The 13th Amendment abolished slavery, the 19th Amendment introduced women's suffrage, and the 22nd Amendment set presidential term limits. The 21st Amendment repealed the 18th Amendment, which had established the prohibition of alcohol.
The amendments to the Constitution have played a crucial role in shaping the rights and freedoms of Americans. They have addressed a range of issues, from personal liberties to the structure of government, and continue to be a vital part of the country's legal framework.
Yes, amendments can be modified or repealed by subsequent amendments. For example, the 21st Amendment repealed the 18th Amendment, and the 12th Amendment superseded a portion of Article II, Section 1 of the Constitution. Amendments can also modify specific articles and sections within the Constitution, such as the 17th Amendment's impact on Article I, Section 3.
