Isabella Carter
The United States Constitution has been amended 27 times since it was enacted in 1789. The first ten amendments, known as the Bill of Rights, were ratified in 1791. The most recent amendment, the 27th Amendment, was ratified in 1992, 203 years after it was first proposed. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 states since 1959). Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789, with members of the House and Senate typically proposing around 200 amendments during each two-year term of Congress.
| Characteristics | Values |
|---|---|
| Total number of amendments proposed | 33 |
| Number of amendments ratified | 27 |
| Number of amendments in the Bill of Rights | 10 |
| Date the Bill of Rights was ratified | December 15, 1791 |
| Number of amendments pending | 4 |
| Number of amendments closed | 2 |
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What You'll Learn
The first 10 amendments
The first ten amendments to the US Constitution, known as the Bill of Rights, were ratified on December 15, 1791. These amendments were proposed by the First Congress of the United States on September 25, 1789, and ten out of the twelve proposed amendments were ratified by three-fourths of the state legislatures.
The first amendment 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 to bear arms. The third amendment prohibits the quartering of soldiers in civilian homes during peace time without consent or during war outside of prescribed manners. The fourth amendment protects citizens against unreasonable searches and seizures, requiring warrants to be issued only with probable cause.
The fifth amendment provides protections for people accused of crimes, including the right to a grand jury, protection against double jeopardy, protection against self-incrimination, and the right to due process. The sixth amendment provides additional protections for the accused, including the right to a speedy and public trial, an impartial jury, and the right to confront witnesses and call their own. The seventh amendment extends the right to a jury trial to federal civil cases.
The eighth amendment prohibits excessive bail and fines and cruel and unusual punishment. The ninth amendment states that the listing of specific rights in the Constitution does not deny or infringe upon other rights not explicitly mentioned. Finally, the tenth amendment asserts that powers not delegated to the federal government by the Constitution are reserved for the states or the people.
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The Bill of Rights
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, and form what is known as the "Bill of Rights". The Bill of Rights comprises the first ten amendments to the United States Constitution.
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 clear limitations on the government's power in judicial and other proceedings include explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people.
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). The Bill of Rights was proposed following the often bitter 1787–88 debate over the ratification of the Constitution and was written to address the objections raised by Anti-Federalists.
The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes. The Fourth Amendment bars the government from unreasonable search and seizure of an individual or their private property. The Fifth Amendment provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury. A person cannot be tried twice for the same offence (double jeopardy) or have property taken away without just compensation. The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges.
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Ratification process
The process of amending the US Constitution is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made in two ways. Firstly, the proposal can be initiated by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a proposal can be made by a constitutional convention called for by two-thirds of the State legislatures. It is worth noting that, historically, all amendments have been proposed by Congress, and none by a constitutional convention.
Once a proposal is made, it 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 proposal and publishes it in slip law format, creating an information package for the States.
The Governors of each State then formally submit the proposed amendment to their State legislatures or call for a convention, depending on what Congress has specified. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). When a State ratifies a proposed amendment, it sends the Archivist of the United States an original or certified copy of the State's action.
Upon receiving the required number of state ratifications, the Archivist issues a certificate proclaiming the amendment duly ratified and 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.
To summarise, the ratification process involves Congress or a constitutional convention proposing an amendment, which is then sent to the States for ratification. An amendment becomes part of the Constitution once ratified by three-fourths of the States, and the Archivist of the United States certifies and announces the completion of the process.
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Proposed amendments
The process of amending the US Constitution is outlined in Article V of the original document. Amendments can be proposed either by Congress or by a convention called for by two-thirds of state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 states since 1959).
Since the Constitution came into effect on March 4, 1789, 33 amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven of these have been ratified by the required number of states and are now part of the Constitution. The first ten amendments, known collectively as the Bill of Rights, were ratified simultaneously on December 15, 1791. The remaining 17 amendments were ratified individually at various times up until 1992, when the 27th Amendment was added—203 years after it was first proposed.
Six amendments have been adopted by Congress but have not been ratified by enough states to become part of the Constitution. Four of these are still pending, while the other two have failed by the terms of their respective resolutions.
In addition to the 33 amendments proposed by Congress, approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress. However, none of the proposals introduced in recent decades have successfully become part of the Constitution.
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Congressional authority
The process of amending the US Constitution is outlined in Article V of the Constitution. The US Constitution has been amended 27 times since its inception, with the first ten amendments, collectively known as the Bill of Rights, being ratified simultaneously in 1791.
Congress plays a pivotal role in the amendment process, as outlined in the Constitution. Firstly, Congress has the authority to propose amendments to the Constitution. For an amendment to be proposed, two-thirds of both Houses of Congress must deem it necessary. Alternatively, Congress can call for a convention to propose amendments at the request of two-thirds of the state legislatures. This highlights the crucial role of Congress as the initiator of the amendment process.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Congress has the power to determine the mode of ratification. There are two options: ratification by the legislatures of three-fourths of the states (38 states since 1959) or ratification by state ratifying conventions in three-fourths of the states. Congress has, on several occasions, stipulated ratification deadlines, affirmed by the Supreme Court in Coleman v. Miller (1939). This ensures amendments are not left pending indefinitely.
Congress also has the authority to enforce certain articles of the Constitution through appropriate legislation. For example, the 18th Amendment, which established the prohibition of alcohol, was repealed by the 21st Amendment, enacted through concurrent power by Congress and the states. Additionally, Congress has the power to enforce the 20th Amendment, which relates to the election of citizens' rights to vote in primary and other elections for various government positions.
In summary, Congress plays a central role in the amendment process of the US Constitution. It has the authority to propose amendments, determine the mode of ratification, set ratification deadlines, and enforce certain articles through legislation. The amendment process underscores the dynamic nature of the Constitution, allowing for necessary changes to be made over time.
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Frequently asked questions
No, there are 27 amendments to the US Constitution. The first 10 amendments were ratified on December 15, 1791, and are collectively known as the Bill of Rights.
Since 1789, there have been approximately 11,848 proposals to amend the Constitution.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 states 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.
