Simone Lawson
The Constitution of the United States is a document that outlines the country's fundamental laws and principles. It establishes the structure and powers of the federal government and enumerates certain rights of the citizens. Since its implementation on March 4, 1789, there have been numerous proposals to amend the Constitution. Amendments are changes or additions made to the Constitution, and they must be ratified by a sufficient number of states to become part of the Constitution. The process of proposing and ratifying amendments involves Congress, the state legislatures, and the National Archives and Records Administration (NARA). As of 2025, there have been 27 amendments to the Constitution, including the Bill of Rights, which comprises the first ten amendments. These amendments address various issues, such as citizens' rights, the election process, and the powers of the government. Understanding the relationship between the Constitution and its amendments is crucial for interpreting the country's laws and ensuring the protection of citizens' rights.
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What You'll Learn
Amendments are proposed by Congress
The Constitution of the United States is a flexible document that can be amended, but it is a challenging process. Amendments are proposed by Congress with a two-thirds majority vote in both the Senate and the House of Representatives. Since 1789, Congress has proposed 33 amendments, 27 of which have been ratified.
The process of proposing an amendment is just the first step. For an amendment to become part of the Constitution, it must be ratified. Ratification can occur in two ways: by a vote of three-fourths of the state legislatures (38 states) or by state ratifying conventions in three-fourths of the states (also 38 states). The method of ratification is decided by Congress, and the process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
The authority to amend the Constitution comes from Article V of the Constitution itself. Congress proposes amendments in the form of a joint resolution, which is then sent directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the resolution in slip law format, along with an information package for the states.
Once an amendment is ratified by the required number of states, the OFR verifies the 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.
Congress has played a significant role in proposing amendments, with approximately 11,848 proposals introduced since 1789. Some notable examples of proposed amendments by Congress include the Nineteenth Amendment, which established women's suffrage, and the Twenty-first Amendment, which repealed the Eighteenth Amendment and ended prohibition.
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Amendments are ratified by states
The Constitution of the United States is a document that outlines the country's fundamental laws and principles. It serves as the supreme law of the land, providing a framework for the government's structure and function. Amendments, on the other hand, are changes or additions made to the Constitution. They are used to clarify, interpret, or update the original provisions outlined in the Constitution. Since the Constitution was put into operation on March 4, 1789, thirty-three amendments have been proposed by the United States Congress and sent to the states for ratification.
For an amendment to become an integral part of the Constitution, it must go through a specific ratification process. This process is outlined in Article V of the Constitution, which empowers Congress to propose amendments with a two-thirds majority vote in both the Senate and the House of Representatives. Alternatively, a national convention can be called by Congress upon the request of two-thirds of the state legislatures (34 states). However, this latter method has never been used.
Once an amendment is proposed by Congress, it is sent to the states for ratification. To be successfully ratified, the amendment must be approved by three-fourths of the states, which currently equates to 38 out of 50 states. This ratification can occur through one of two methods: via the legislatures of three-fourths of the states or through state ratifying conventions in three-fourths of the states. The Twenty-first Amendment, ratified in 1933, is the only amendment to have been ratified through the latter method.
The ratification process for amendments can vary slightly depending on the state. While most states allow voters to ratify amendments by a simple majority vote, some states have different requirements. For instance, New Hampshire requires a two-thirds vote, Florida mandates a three-fifths vote for most amendments, and Colorado sets a 55-percent threshold for most amendments. Additionally, four states—Hawaii, Minnesota, Tennessee, and Wyoming—require amendments to be approved by a majority of voters in the entire election. In these states, abstaining from voting on an amendment is effectively counted as a "no" vote.
The process of amending the Constitution demonstrates the careful balance between federal and state powers in the United States. By requiring ratification by a significant majority of states, the amendment process ensures that any changes to the nation's foundational document reflect the will and consent of the people. This ratification process underscores the dynamic nature of the Constitution, allowing it to evolve and adapt to the needs and values of a changing society while maintaining a robust framework for governance.
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Amendments alter the text of the Constitution
The Constitution of a country is the supreme law that determines the relationship between the governed and the government. It outlines the rights and responsibilities of the citizens and the structure and powers of the government. While the Constitution is meant to be a stable document, it is not entirely static and can be amended to reflect the changing needs and values of the nation.
Amendments are changes or additions made to the Constitution. In the United States, the process of amending the Constitution is outlined in Article V of the document. There are two methods by which amendments can be proposed: by a two-thirds majority vote in both the House of Representatives and the Senate of the US Congress, or by a national convention called by Congress upon the application of two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified or approved by three-fourths of the states (38 out of 50 states) to become part of the Constitution.
Amendments can alter the text of the Constitution in several ways. They can add new provisions or rights, modify existing ones, or repeal or overturn previous amendments. For example, the 13th Amendment, which abolished slavery, superseded a portion of Article IV, Section 2 of the original Constitution. Similarly, the 14th Amendment modified Article I, Section 2, by defining citizenship and guaranteeing due process and equal protection under the law. The 16th Amendment modified Article I, Section 9, granting Congress the power to collect income taxes without regard to the census or enumeration.
Not all proposed amendments result in changes to the Constitution. Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, but only 27 amendments have been successfully ratified and incorporated into the document. Of these 27 amendments, the first ten, collectively known as the Bill of Rights, were adopted and ratified simultaneously. Amendments can also fail to be ratified by the required number of states, as was the case with six amendments proposed by Congress.
The process of amending the Constitution is deliberately challenging, requiring supermajority support in both Congress and the states. This ensures that any changes made to the foundational document of the nation reflect a broad consensus and safeguard the rights and principles outlined in the original text.
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Amendments can be appended as codicils
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions, or codicils, thereby changing the frame of government without altering the existing text of the document.
In the United States, 27 amendments have been added (appended as codicils) to the Constitution. Amendments are often appended as special articles of amendment to the end of the main text, leaving the body of the original text intact. This is in contrast to the more common method of amendments taking the form of revisions to the previous text, where portions of the original text may be deleted or new articles inserted among existing ones.
The use of appended articles of amendment is most famous as a feature of the United States Constitution, but it is also the method of amendment in several other jurisdictions, such as Venezuela. For example, under the 1919 German Weimar Constitution, any law that reached the necessary supermajorities in both chambers of parliament could deviate from the terms of the constitution without becoming part of it.
Amendments are typically enacted through a special procedure that is more stringent than the process for passing ordinary legislation. Examples of such procedures include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both. In the United States, a proposed amendment originates as a special joint resolution of Congress, which does not require the signature or approval of the President.
To become part of the US Constitution, an amendment must be ratified by three-fourths of the states (38 states since 1959) by one of two methods: a vote of the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. Congress has also enacted statutes governing the constitutional amendment process, including setting a ratification deadline.
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Amendments are certified by the Archivist
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. The Archivist's role includes submitting amendments proposed by Congress to the states for ratification, collecting state ratifications, and certifying amendments as part of the Constitution once three-fourths of the states (38 out of 50) have ratified them. This certification is a formal proclamation that the amendment is valid and has become part of the Constitution.
The certification process serves as official notice to Congress and the nation that the amendment process has been completed. The Archivist's signature on the certification is not what adds the amendment to the Constitution; rather, it is the votes by three-fourths of the states that do so. However, the Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive.
In 1992, Archivist Don W. Wilson became the first and, so far, only Archivist to certify a constitutional amendment, which was the 27th Amendment. The 27th Amendment, first proposed in 1789 and ratified in 1992, limits Congress's ability to change its pay until the next term. The certification ceremony for the 27th Amendment was a small and somewhat controversial event due to the lengthy time gap between the amendment's proposal and ratification.
The process of amending the Constitution is outlined in Article V of the Constitution. While Article V and 1 U.S.C. 106b do not describe the ratification process in detail, the Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services, who previously performed these duties before NARA assumed responsibility in 1985.
In recent years, the certification signing has become a ceremonial function attended by dignitaries, including the President. While the Archivist performs the duties of the certifying official, the Director of the Federal Register assists the Archivist and may sign the certification as a witness.
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Frequently asked questions
Amendments to the Constitution can be proposed either 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 the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The Constitution is the foundational document that outlines the powers and structure of the government. Amendments are changes or additions made to the Constitution to update or clarify its provisions.
There have been 27 amendments to the Constitution, beginning with the Bill of Rights, which included the first 10 amendments ratified in 1791.
Yes, an amendment can be changed or repealed by another amendment. For example, the Twenty-first Amendment, ratified in 1933, repealed the Eighteenth Amendment, which established the prohibition of alcohol.
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