Eleanor Finch
The United States Constitution outlines a two-step process for making amendments: they must be proposed and then ratified. Since 1789, there have been approximately 11,848 proposals to amend the Constitution, with members of the House and Senate proposing around 200 amendments during each two-year term of Congress. Of these, 33 amendments have been proposed by Congress and sent to the states for ratification, with 27 of them successfully becoming part of the Constitution. Six amendments have not been ratified by the required number of states, with four still pending, one closed and failed by its terms, and one closed and failed by the terms of the resolution proposing it. The last amendment to be ratified was in 1964, and no proposals in recent decades have become part of the Constitution.
| Characteristics | Values |
|---|---|
| Total amendments proposed | 11,848 (approx.) |
| Total amendments ratified | 27 |
| Total amendments pending | 4 |
| Total amendments closed | 2 |
| First 10 amendments | Ratified in 1791 |
| 13th, 14th, and 15th amendments | Reconstruction Amendments |
| 18th amendment | Repealed by the 21st amendment |
| 21st amendment | Ratified in 1933 |
| 24th and 25th amendments | Ratified in Johnson's presidency |
| 26th amendment | Ratified in Nixon's presidency |
| 27th amendment | Ratified in 1992 |
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What You'll Learn
Amendments must be ratified by three-fourths of states
The process of amending the US Constitution is outlined in Article V of the Constitution. An amendment may be proposed by the US Congress with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called for by two-thirds of state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. This can be achieved through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states.
Since the early 20th century, Congress has often stipulated a seven-year deadline for ratification, after which the amendment is considered failed. This authority was affirmed in 1939 by the Supreme Court in Coleman v. Miller. In the absence of a deadline, an amendment can remain pending indefinitely and be ratified long after being proposed.
Currently, there are four amendments that have been adopted by Congress and sent to the states but have not been ratified by the required number of states. These are considered pending amendments. The first ten amendments, known as the Bill of Rights, were ratified simultaneously in 1791. The 13th, 14th, and 15th amendments, known as the Reconstruction Amendments, were ratified separately but address issues related to the Civil War and the emancipation of slaves.
Proposed amendments cover a wide range of topics, reflecting the diverse interests and priorities of Americans over time. For example, one pending amendment proposes equal rights for men and women, stating that "equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." Another pending amendment seeks to grant the District constituting the seat of the US government, the same rights and powers as a state regarding representation in Congress and the election of the President and Vice President.
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Amendments can be proposed by Congress or national convention
The United States Constitution outlines two methods for proposing amendments. The first method involves the US Congress proposing an amendment whenever two-thirds of both the Senate and the House of Representatives deem it necessary. This is the most commonly used method, with 33 amendments proposed by Congress and sent to the states for ratification since the Constitution came into operation on March 4, 1789. Of these, 27 have been ratified and are now part of the Constitution.
The second method, which has never been used, involves a national convention called by Congress upon the request or application of two-thirds of state legislatures (34 since 1959). This method allows states to potentially influence Congress to propose an amendment on a specific issue. While it has been speculated that Congress may be able to block such conventions, this has not occurred to date.
Once an amendment is proposed, the Archivist of the United States administers the ratification process. An amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. Congress determines the mode of ratification, which can be through state legislatures or state ratifying conventions.
Congress has occasionally stipulated a deadline by which an amendment must be ratified to become part of the Constitution. The Supreme Court affirmed Congress's authority to set such deadlines in 1939. In the absence of a deadline, an amendment can remain pending indefinitely, even after being proposed to the states.
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The President does not have a role in the amendment process
The President of the United States does not have a role in the amendment process. The Constitution provides that an amendment may be proposed either 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. This means that the President does not have a constitutional role in the amendment process, and any joint resolution proposing an amendment does not require their signature or approval. Instead, 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 plays a crucial role in the amendment process by adding legislative history notes to the joint resolution and publishing it in slip law format. Additionally, they assemble an information package for the states, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and other relevant materials. This package is sent to the states for their consideration, and the Governors then formally submit the amendment to their State legislatures or call for a convention, depending on Congress's specifications.
It is important to note that, historically, there have been instances where Presidents have played an informal, ministerial role in the amendment process. For example, President Abraham Lincoln signed the joint resolution proposing the Thirteenth Amendment, which abolished slavery. Similarly, President Jimmy Carter signed a joint resolution extending the deadline for the ratification of the Equal Rights Amendment, even though his signature was not required. However, these actions do not grant the President any formal constitutional authority in the amendment process.
The authority to amend the Constitution rests with Congress or, in theory, a constitutional convention. The process is deliberately difficult and time-consuming, requiring a two-thirds majority in both houses of Congress or the support of two-thirds of state legislatures to propose an amendment. Once proposed, an amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be achieved through state legislatures or state ratifying conventions, depending on Congress's determination.
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The Archivist of the US administers the ratification process
The process of amending the Constitution of the United States is derived from Article V of the Constitution. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The current Archivist of the United States is Dr. Colleen Shogan, who was nominated by President Joe Biden and confirmed by the Senate in May 2023.
The Archivist's role in the ratification process involves receiving the original or certified copy of state action on a proposed amendment from the governors of the states. The Archivist then conveys this information to the Director of the Federal Register, who examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails.
Once an amendment is ratified by three-fourths of the states (38 out of 50 states), the Office of the Federal Register (OFR) 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 the 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 Archivist does not make substantive determinations regarding the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is considered final and conclusive. The Archivist is also responsible for safeguarding and preserving all permanently valuable records of the federal government, including the original Declaration of Independence, the Constitution, and the Bill of Rights.
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Amendments can be pending indefinitely without a deadline
The process of amending the US Constitution is a lengthy and complex one. Since the Constitution came into operation on March 4, 1789, there have been approximately 11,000 proposals to amend it. Of these, only 27 have been successfully ratified and incorporated into the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously in 1791.
The authority to propose amendments rests with Congress, which can do so with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a national convention called for by two-thirds of the state legislatures can propose amendments, although this option has never been exercised. Once an amendment is proposed, it is sent to the states for ratification.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). This can be done through the state legislatures or state ratifying conventions. There is no set deadline for ratification, and in the absence of a deadline, an amendment can remain pending indefinitely. Congress has occasionally stipulated a seven-year deadline for ratification, and this authority was affirmed by the Supreme Court in 1939.
Currently, there are four amendments that are still pending ratification. The lengthy and challenging process of amending the Constitution ensures that any changes made are carefully considered and broadly accepted by a significant majority of states. The absence of a ratification deadline allows for a more flexible process, accommodating the varying needs and priorities of different states.
Amending the Constitution: A Necessary Evolution
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Frequently asked questions
Yes, there are four amendments that are still pending ratification by the required number of states.
There have been approximately 11,848 proposals to amend the Constitution since 1789.
Twenty-seven amendments have been ratified and are part of the Constitution.
An amendment may be proposed by Congress with a two-thirds majority in both the Senate and House of Representatives, or by a national convention called for by two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50).
An amendment can remain pending indefinitely unless Congress stipulates a ratification deadline, typically within seven years from the date of its submission to the states.
