Jonah Patel
The United States Constitution has been amended several times since it was enacted in 1789. Amendments are changes or additions to the Constitution, and they become an official part of the Constitution when they are ratified by a sufficient number of states. There have been approximately 11,000 proposals to amend the Constitution, but only 27 amendments have been ratified and incorporated into the Constitution. The first 10 amendments, known as the Bill of Rights, were ratified in 1791 and cover a range of topics, including freedom of speech, the right to bear arms, and the prohibition of alcohol. The process of amending the Constitution is governed by Congress, which has stipulated that amendments must be ratified within a certain timeframe to become part of this important document.
| Characteristics | Values |
|---|---|
| Number of amendments proposed | 11,000+ |
| Number of amendments ratified | 27 |
| First 10 amendments | Known as the Bill of Rights |
| Date of ratification of the first 10 amendments | 15 December 1791 |
| Number of amendments proposed and sent to states for ratification | 33 |
| Number of amendments sent to states for ratification but not ratified | 6 |
| Number of amendments pending | 4 |
| Number of amendments closed | 2 |
| Date the Constitution was put into operation | 4 March 1789 |
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What You'll Learn
What is the process of amending the Constitution?
The Constitution of the United States has been amended 27 times since it was first drafted in 1787. The process of amending the Constitution is outlined in Article V of the Constitution and is a difficult and time-consuming endeavour.
An amendment may be proposed by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the State legislatures. However, in practice, all 27 amendments have been proposed by Congress in the form of a joint resolution. The President does not have a constitutional role in the process, and the joint resolution does not require their signature or approval. Instead, the original document is sent directly to the National Archives and Records Administration (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then adds legislative history notes to the joint resolution and publishes it in slip law format, along with an information package for the States.
Once an amendment is proposed, it must be ratified. Ratification can occur in two ways. The first is through the legislatures of three-fourths of the States (38 out of 50) approving the amendment. The second method is through State ratifying conventions, where three-fourths of the States ratify the amendment through conventions, as provided in the Constitution. After an amendment is ratified, the OFR verifies the ratification documents and drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is then 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.
In summary, amending the Constitution of the United States involves a proposal by Congress or a constitutional convention, followed by ratification by a specified majority of States. The process is deliberately challenging and time-intensive, ensuring that only significant changes that impact all Americans or secure citizens' rights are made to the nation's founding document.
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What are the requirements for an amendment to be ratified?
The requirements for an amendment to be ratified are stringent, and the process is deliberately difficult and time-consuming. This is because the US Constitution is entrenched, with a clause (Article V) that makes it challenging to amend.
Firstly, a proposed amendment must be passed by a two-thirds supermajority vote in both houses of Congress. This is a significant hurdle, as any amendment must gain substantial support in Congress before progressing. Once this is achieved, 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 duties to the Director of the Federal Register, who examines ratification documents for legal sufficiency and authentic signatures.
For an amendment to be ratified, it requires the formal support of three-fourths (38 out of 50) of the states. This means that an amendment must gain widespread support across the country and not just in certain regions. This part of the process has been criticised for giving smaller states equal weight as larger ones, resulting in some populations being overrepresented and others underrepresented.
The process can also be initiated by the states, where two-thirds of state legislatures can call for a Constitutional Convention to propose amendments. However, this route has never been used successfully.
In summary, the requirements for an amendment to be ratified are demanding and deliberately so. The process is designed to ensure that any changes to the Constitution are carefully considered and broadly supported by Congress and the American people, as represented by the states.
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What is the role of Congress in the amendment process?
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The role of Congress in the amendment process is to propose amendments to the Constitution. Congress can propose an amendment in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. This joint resolution is then 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.
Congress can also call for a constitutional convention to propose amendments, but this has never happened in the history of the United States. Instead, all 27 amendments to the Constitution have been proposed by Congress. After an amendment is proposed by Congress, the Archivist of the United States is 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 informational material prepared by the OFR.
Once a proposed amendment is ratified by three-fourths of the states (38 out of 50 states), it becomes part of the Constitution. The OFR verifies the receipt of the required number of authenticated ratification documents and 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.
It is important to note that the President does not have a constitutional role in the amendment process, and any involvement they may have is informal and ministerial. The joint resolution does not require the President's signature or approval, and the Supreme Court has articulated that the President cannot veto a proposed amendment.
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How many amendments have been proposed and ratified?
The Constitution of the United States has seen a total of 27 amendments ratified since it was enacted on March 4, 1789. More than 11,000 amendments have been proposed to amend the Constitution, with approximately 11,848 proposals introduced in Congress as of January 3, 2019.
The first 10 amendments, known collectively as the Bill of Rights, were ratified on December 15, 1791. These amendments were proposed by Congress on September 25, 1789, and covered a range of freedoms and rights, including freedom of religion, speech, and the press, as well as the right to peaceably assemble and bear arms.
The process of proposing and ratifying amendments is outlined in the Constitution. Amendments can be proposed by a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress at the request of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states, either through their legislatures or state ratifying conventions.
The time it takes for an amendment to be ratified can vary. While some amendments have been ratified within a few years of being proposed, others have taken much longer. For example, the Twenty-first Amendment, which repealed the Eighteenth Amendment and ended prohibition, was ratified in 1933, while the Nineteenth Amendment, which granted women the right to vote, was ratified in 1920, over two years after it was passed by Congress.
The most recent amendment ratified was the Twenty-seventh Amendment, which was ratified in 1992, over 200 years after it was proposed in 1789. This amendment prevented any law affecting Congressional salaries from taking effect until the start of the next session of Congress.
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What are some examples of significant amendments?
Amendments are formal changes to a constitution that alter or modify its original text. In the case of the United States Constitution, there have been 27 amendments, beginning with the Bill of Rights, the first 10 amendments, ratified in 1791. The first amendment, for example, 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.
In contrast, the Indian Constitution has undergone 105 or 106 amendments as of 2023. Some of these amendments have significantly altered the core framework and principles of the constitution. For instance, the 42nd Amendment (1976) added the words "Socialist," "Secular," and "Integrity" to the preamble. The 86th Amendment (2002) provided for the Right to Education for children aged six to fourteen and early childhood care until the age of six. The 105th Amendment Act of 2021 clarified that states can maintain their own lists of Other Backward Classes (OBCs).
The process of amending a constitution varies by country. In the United States, amendments to the Constitution must be ratified by the legislatures of the states, as provided in the Constitution. In India, Article 368 grants Parliament the power to amend the Constitution, except for provisions that form the Basic Structure, as ruled by the Supreme Court in the Kesavananda Bharati case (1973). Amendments can be passed by a simple majority or a special majority of Parliament, with some also requiring ratification by the state legislatures.
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Frequently asked questions
There have been 27 amendments to the U.S. Constitution.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.
An amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 since 1959).
The first 10 amendments are known as the Bill of Rights.
