Malcolm Rivera
The Constitution of the United States has been amended 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were adopted four years later. Article V of the Constitution outlines the process for amending it, which involves two methods for proposing amendments: the first requires a two-thirds majority vote in both the House and the Senate, and the second involves a constitutional convention called for by two-thirds of state legislatures. While there have been proposals to hold a new Constitutional Convention, none of the 27 amendments to date have been proposed in this way. Amendments must be ratified by three-fourths of the states to become part of the Constitution. While the process of amending the Constitution is challenging and time-consuming, it has been used to secure the rights of citizens, such as granting women the right to vote, abolishing poll taxes, and lowering the minimum voting age.
| Characteristics | Values |
|---|---|
| Number of amendments to the Constitution since 1787 | 27 |
| Number of proposed amendments by constitutional convention | 0 |
| Number of amendments proposed by Congress | 33 |
| Number of amendments Congress proposed but were not ratified by the states | 6 |
| Number of amendments that granted or expanded rights | 11, 13, 14, 17, 24, 26 |
| Number of amendments that repealed rights | 18, 21 |
| Minimum voting age in the US | 18 |
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What You'll Learn
The process of amending the US Constitution
The US Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were adopted four years later. The process of amending the Constitution is outlined in Article V, which establishes two methods for proposing amendments.
The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, known as a joint resolution. This means that two-thirds of the Members present in each chamber must vote in favour of the proposed amendment. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. NARA's Office of the Federal Register (OFR) adds legislative history notes to the joint resolution and publishes it in slip law format.
The second method involves two-thirds of the states calling for a constitutional convention to propose amendments. However, this method has never been used successfully. After an amendment is proposed, it is sent to the governor of each state for consideration.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). The OFR tracks the progress of the ratification process and verifies the receipt of authenticated ratification documents. Once the required number of states has ratified the amendment, the Archivist of the United States certifies 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.
While the process of amending the Constitution is deliberately difficult and time-consuming, it is important to note that it has been successfully amended on several occasions to secure the rights of citizens. For example, amendments have been made to give women the right to vote, abolish poll taxes, and lower the minimum voting age.
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The Bill of Rights
The Constitution of the United States has been amended 27 times since it was first drafted in 1787. The first ten amendments, known as the Bill of Rights, were adopted four years later in 1791. The Bill of Rights safeguards certain individual rights from government interference.
The process of amending the Constitution is outlined in Article V of the Constitution. There are two methods for proposing amendments. The first method requires both the House and the Senate to propose a constitutional amendment by a two-thirds vote of the Members present. The second method involves 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 states) to become part 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 Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
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The 27 amendments
The US Constitution has been amended 27 times since it was first drafted in 1787. The first 10 amendments, known as the Bill of Rights, were ratified simultaneously in 1791 and safeguard certain individual rights from government interference.
Amendments must be properly proposed and ratified before becoming operative. Article V establishes two methods for proposing amendments. The first method requires both the House and Senate to propose a constitutional amendment by a vote of two-thirds of the Members present. The second method involves a national convention called by Congress on the application of two-thirds of the state legislatures. This second method has never been used.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states. The Twenty-first Amendment in 1933 is the only amendment ratified through the state ratifying conventions method.
Some notable amendments include the 19th Amendment, which gave women the right to vote; the 18th Amendment, which established the prohibition of alcohol; and the 21st Amendment, which repealed the 18th Amendment. Other amendments abolished poll taxes and lowered the minimum voting age from 21 to 18.
There have been many proposals for new amendments, including to outlaw flag burning, an amendment for crime victims' rights, allowing voluntary school prayer, making English the official language, and abolishing the Electoral College. However, the process is difficult and time-consuming, and no amendments have been made in recent decades.
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Congress's role in proposing amendments
The Constitution of the United States can be amended, and Congress plays a crucial role in proposing amendments. Article V of the Constitution outlines the process for amending it, and since the Founding, Congress has used this procedure to propose thirty-three amendments.
The first method for proposing an amendment requires a two-thirds majority vote in both the House of Representatives and the Senate. This means that two-thirds of the Members present in each chamber must vote in favour of the proposed amendment. This method has been used by Congress to propose thirty-three amendments, six of which have not been ratified by the states.
The second method, which has never been used, involves Congress calling a Convention for proposing amendments upon the request of two-thirds of state legislatures. This method is the subject of scholarly debate, with questions surrounding the obligation of Congress to call a convention and the potential for states to influence the process.
Once an amendment is proposed by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Archivist of the United States then administers the ratification process, submitting the proposed amendment to the states for their consideration. An amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50).
It is important to note that the amendment process is challenging and time-consuming. The proposed amendment must address a significant issue affecting all Americans or securing the rights of citizens. The President does not have a constitutional role in this process, and any amendment does not require their signature or approval.
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Ratification of amendments
The Constitution has been amended 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were ratified on December 15, 1791. The process of amending the Constitution is outlined in Article V, which establishes two methods for proposing amendments. The first method requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present. The second method involves the application of the legislatures of two-thirds of the states to call for a convention to propose amendments.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification can be achieved through the legislatures of three-fourths of the states or by conventions in three-fourths of the states, as determined by Congress. This process ensures that any changes to the Constitution reflect the consensus of a supermajority of states, safeguarding against hasty or partisan alterations to the nation's foundational document.
The first ten amendments, known as the Bill of Rights, were ratified by the states and became part of the Constitution on December 15, 1791. These amendments safeguard certain individual rights from government interference, including freedom of speech, religion, and assembly, as well as the right to keep and bear arms. The Second Amendment, for example, states that "the right of the people to keep and bear Arms shall not be infringed."
Since the Bill of Rights, there have been 17 additional amendments ratified by the states. These amendments address a range of issues, including judicial power, citizenship, voting rights, and taxation. For instance, the 14th Amendment, ratified in 1868, grants citizenship to all persons born or naturalized in the United States and prohibits states from abridging the privileges or immunities of citizens. It also includes the Due Process Clause, which states that no person shall be deprived of "life, liberty, or property without due process of law."
The amendment process is deliberately challenging and time-consuming, requiring supermajority support in Congress and among the states. This design ensures that any changes to the Constitution reflect broad consensus and protect the rights and liberties of all Americans. While there have been calls for a new Constitutional Convention to propose amendments addressing various issues, no such convention has occurred to date.
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Frequently asked questions
Yes, the Constitution can be amended to reduce rights, but it is a challenging and lengthy process. Amendments must be proposed by a two-thirds majority vote in both the House and the Senate, and then ratified by three-fourths of the states.
The authority to amend the Constitution is derived from Article V of the Constitution. Congress proposes amendments, and the Archivist of the United States administers the ratification process.
The Constitution has been amended 27 times since 1787, including the first 10 amendments, known as the Bill of Rights.
The process to amend the Constitution involves two methods. The first method requires a two-thirds majority vote in both the House and the Senate. The second method involves a constitutional convention called for by two-thirds of the state legislatures. The proposed amendment is then ratified by three-fourths of the states.
No, the President does not have a constitutional role in the amendment process. The joint resolution for a proposed amendment is forwarded directly to the National Archives and Records Administration (NARA) without requiring the President's signature or approval.
