Eleanor Finch
The United States Constitution has 27 amendments, with approximately 11,848 proposals to amend it having been introduced in Congress since 1789. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines a two-step process for making changes. Amendments must be properly proposed and ratified before becoming operative. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791, and are designed to limit government power and protect individual liberties.
| Characteristics | Values |
|---|---|
| Number of amendments proposed by the United States Congress | 33 |
| Number of amendments ratified | 27 |
| First 10 amendments | Known collectively as the Bill of Rights |
| 13th, 14th, and 15th amendments | Known collectively as the Reconstruction Amendments |
| Number of amendments proposed by a constitutional convention | 0 |
| Number of proposals to amend the Constitution introduced in Congress since 1789 | ~11,848 |
| Number of amendments proposed by Congress during each two-year term | ~200 |
| Last time a proposal gained the necessary two-thirds support in both the House and the Senate for submission to the states | 1978 |
| Date the First Congress of the United States proposed 12 amendments to the Constitution | September 25, 1789 |
| Number of amendments ratified by three-fourths of the state legislatures on December 15, 1791 | 10 |
| Number of amendments that constitute the first 10 amendments of the Constitution | 10 |
| Number of amendments that constitute the U.S. Bill of Rights | 12 |
| Number of amendments that have been ratified and are part of the Constitution | 27 |
| Number of amendments that have been adopted by Congress and sent to the states but not ratified by the required number of states | 6 |
| Number of amendments that are still pending | 4 |
| Number of amendments that are closed and have failed by their own terms | 1 |
| Number of amendments that are closed and have failed by the terms of the resolution proposing them | 1 |
Explore related products
What You'll Learn
The Bill of Rights
Madison's original proposal included 12 amendments, but only 10 were ratified by three-fourths of the state legislatures on December 15, 1791. The ratified amendments constitute the Bill of Rights and were added to the Constitution. The remaining two amendments were not ratified until much later. Article 2 became the 27th Amendment in 1992, 203 years after it was proposed, and Article 1 was never ratified.
The Tenth Amendment, in particular, has been interpreted as a clarification of the federal government's limited powers. It states that any powers not specifically given to the federal government nor withheld from the states are reserved for the states or the people. This amendment has been invoked in several Supreme Court decisions to determine if the federal government operated within or exceeded its authority.
Amending India's Constitution: The Process Simplified
You may want to see also
The Reconstruction Amendments
The 13th Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as a punishment for a crime. The passage of this amendment was a significant moment in American history, as it irrevocably ended the legal practice of slavery, which had been a source of contention and conflict for many years.
The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. This amendment transformed the Constitution by shifting its focus from federal-state relations and property rights to the protection of vulnerable minorities and ensuring their freedom and safety from misconduct by all levels of government. Thaddeus Stevens, the Republican floor leader in the House of Representatives, was a key figure in advocating for this amendment, reflecting his lifelong dedication to the struggle against slavery and for equal rights for Black Americans.
The 15th Amendment, proposed in 1869 and ratified in 1870, prohibits federal and state governments from denying a citizen the right to vote based on their "race, color, or previous condition of servitude." This amendment was a response to the restriction of voting rights to white men only in all states by 1869. It aimed to protect the franchise of black men and ensure their political participation.
While these amendments were a significant step towards establishing equality for Black Americans and transforming the country from one that was "half slave and half free," their promise was eroded by state laws and federal court decisions in the late 19th century. It was not until the mid-20th century, with Supreme Court decisions like Brown v. Board of Education and civil rights legislation in the 1960s, that the full benefits of the Reconstruction Amendments were realized.
Exploring Constitutional Amendments Across the Globe
You may want to see also
The two-step process for amending
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. This article outlines a two-step process for amending the nation's plan of government, which was designed to balance the need for change with the need for stability.
Step 1: Proposal
An amendment may be proposed by either:
- The US Congress, when a two-thirds majority in both the Senate and the House of Representatives agree.
- A national convention, called by Congress for this purpose, on the application of the legislatures of two-thirds of the states (34 since 1959). However, this option has never been used.
Congress proposes an amendment in the form of a joint resolution, which is forwarded directly to NARA's 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, as well as assembling an information package for the states.
Step 2: Ratification
Once an amendment has been proposed, the Archivist of the United States is responsible for administering the ratification process. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states). The legislatures of three-fourths of the states must approve the amendment for it to become valid and part of the Constitution.
The OFR verifies that the required number of authenticated ratification documents has been received, and then drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice that the amendment process is complete. In recent years, the signing of the certification has become a ceremonial function attended by dignitaries, including sometimes the President.
Since the Constitution was put into operation on March 4, 1789, 33 amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven of these amendments have been ratified by the requisite number of states and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791.
Founders' Vision: Constitution's Amendment Process
You may want to see also
Explore related products
The role of Congress
The United States Congress plays a crucial role in the process of amending the nation's Constitution. Article Five of the Constitution outlines a two-step process for making changes to the nation's governing framework. Amendments must be properly proposed and ratified before they can take effect. This process aims to balance the need for change with the need for stability.
Congress has the authority to propose amendments to the Constitution. To do so, a two-thirds majority in both the Senate and the House of Representatives must concur. This proposal takes the form of a joint resolution, which is then sent directly to the National Archives and Records Administration (NARA) for processing and publication. The first Congress of the United States proposed 12 amendments, known as the Bill of Rights, on September 25, 1789. Ten of these amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and became the first 10 amendments to the Constitution.
Congress can also call for a national convention to propose amendments if two-thirds of the state legislatures (34 since 1959) make an application. However, this option has never been exercised. Once an amendment is proposed, Congress determines whether it will be ratified by a vote of the legislatures of three-fourths of the states (38 since 1959) or by state ratifying conventions.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress. However, most of these proposals fail to become part of the Constitution, often dying in congressional committees. The last proposal to gain the required support in both the House and the Senate for submission to the states was the District of Columbia Voting Rights Amendment in 1978.
The process of amending the Constitution demonstrates the important role Congress plays in shaping the nation's governing framework. It highlights the checks and balances within the system, ensuring that any changes to the Constitution undergo a rigorous and deliberative process.
Amending the Constitution: What Kind of Vote Counts?
You may want to see also
The ratification process
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process of amending the Constitution is a two-step process, designed to balance the need for change with the need for stability. Amendments must be proposed and ratified before becoming operative.
An amendment may be proposed by the US Congress when a two-thirds majority in both the Senate and the House of Representatives deem it necessary. Alternatively, a national convention can be called by Congress on the application of two-thirds of state legislatures (34 since 1959). This second option has never been used.
Once an amendment is proposed, it is sent to the states for ratification. An amendment must be ratified by three-fourths of the states (38 of 50 states) to become part of the Constitution. Congress determines the method of ratification. The first method requires ratification by three-fourths of the state legislatures. The second method, which has only been used once, for the Twenty-First Amendment, requires ratification by three-fourths of state ratifying conventions.
When an amendment is ratified, the relevant state sends the Archivist of the United States an original or certified copy of the state action. The Archivist administers the ratification process, delegating many duties to the Director of the Federal Register. The Director examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody. Once the OFR has received the required number of authenticated ratification documents, it 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.
Since the Constitution was put into operation 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 requisite number of states and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791. The 13th, 14th, and 15th amendments are known as the Reconstruction Amendments. Six amendments have not been ratified by the required number of states.
Citing the Fourth Amendment: APA Style Guide
You may want to see also
Frequently asked questions
There have been 27 amendments to the US Constitution, with 33 proposed.
The authority to amend the Constitution comes from Article V of the Constitution. Amendments must be proposed and ratified before becoming operative. An amendment can be proposed by Congress with a two-thirds majority in both the House and the Senate, or by a national convention called by two-thirds of the state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
The first ten amendments, ratified in 1791, are known as the Bill of Rights. They include the First Amendment, which protects freedom of speech and religion, and the Fourth Amendment, which requires a warrant for government searches. The 13th, 14th, and 15th Amendments are known as the Reconstruction Amendments.
The US Congress proposes amendments, and the Archivist of the United States administers the ratification process. The Director of the Federal Register assists with this process, and in recent years, the signing of the certification has been attended by dignitaries, including the President.
