Eleanor Finch
The United States Constitution has been amended 27 times since it was drafted in 1787, with the first 10 amendments, known as the Bill of Rights, being ratified on December 15, 1791. The process of amending the Constitution is intentionally difficult, requiring a two-thirds majority in both the Senate and the House of Representatives, or a national convention called by Congress on the application of two-thirds of state legislatures. Since 1789, there have been approximately 11,848 proposals to amend the Constitution, with 33 amendments proposed and sent to the states for ratification. Of these, 27 have been successfully ratified and are now part of the Constitution.
| Characteristics | Values |
|---|---|
| Total number of amendments proposed | 11,848 (as of January 3, 2019) |
| Number of amendments to the Constitution | 27 |
| First 10 amendments | Ratified on December 15, 1791, and are known as the Bill of Rights |
| Number of amendments proposed by Congress and sent to states for ratification | 33 |
| Number of amendments ratified by the requisite number of states | 27 |
| Number of amendments proposed by Congress that have not been ratified | 6 |
| Number of amendments that are still pending | 4 |
| Number of amendments that have failed | 2 |
| Process for amending the Constitution | Detailed in Article Five of the United States Constitution |
| Requirements for an amendment to become part of the Constitution | Must be properly proposed and ratified; ratified by three-fourths of the state legislatures (38 since 1959) |
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What You'll Learn
The Bill of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. It was proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists. The Anti-Federalists wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty.
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, and assemble, as well as other natural and legal rights. It also includes 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 influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties.
The Ninth Amendment states: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This was included to address the concern that writing a list of rights would be counterproductive, as natural rights are too numerous to list, and a right not listed does not mean it does not exist.
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The Reconstruction Amendments
The 13th Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. The 15th Amendment, which became part of the Constitution in 1870, prohibited the states from depriving any person of the right to vote because of race, colour, or previous condition of servitude. However, it left open other forms of disenfranchisement, including sex, property ownership, literacy, and payment of a poll tax.
The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection of the laws for all persons. It defines all people born in the United States as citizens, requires due process of law, and equal protection under the law. Thaddeus Stevens, the Republican floor leader in the House of Representatives, was a prominent supporter of the 14th Amendment. Born during George Washington's administration, Stevens had a career that embodied the struggle against slavery and for equal rights for Black Americans.
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Amending the Constitution
The United States Constitution has been amended twenty-seven times since it was drafted in 1787. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. The process of amending the Constitution is outlined in Article Five of the Constitution and requires a two-thirds majority in both the Senate and the House of Representatives.
The first step in amending the Constitution is proposing an amendment. This can be done by either Congress or a national convention called by Congress on the application of two-thirds of state legislatures. 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 states since 1959) through their legislatures or state ratifying conventions to become part of the Constitution.
The process of amending the Constitution was designed to strike a balance between constant change and inflexibility. As a result, amending the Constitution is not an easy task and requires a significant impact on all Americans or the securing of citizens' rights. Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789, with only about 20 proposals receiving a vote in recent years.
The last time an amendment was successfully added to the Constitution was in 1992, when Article 2, first proposed in 1789 along with the other twelve amendments, was ratified as the 27th Amendment. Six amendments have been adopted by Congress and sent to the states but have not been ratified by the required number of states. Four of these amendments are still pending, while the other two have failed by their own terms or the terms of the resolution proposing them.
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Ratification
The process of amending the US Constitution is outlined in Article 5 of the Constitution. An amendment may be proposed by a two-thirds majority in both the US Senate and House of Representatives (the US Congress) or by a national convention called by Congress on the application of two-thirds of state legislatures. Once proposed, an amendment must be ratified by three-quarters of the states (38 states since 1959) through either state legislatures or state ratifying conventions.
The first ten amendments to the Constitution, known collectively as the Bill of Rights, were ratified simultaneously on December 15, 1791, by three-fourths of the state legislatures. The first Congress of the United States initially proposed 12 amendments on September 25, 1789, of which 10 were ratified and became the Bill of Rights, one was ratified in 1992 as the 27th Amendment, and one was never ratified.
The process of ratification can be lengthy and complex. For example, the 14th Amendment, which guarantees the rights of citizens, was proposed in 1866 but was specifically rejected by several states, including Texas, Georgia, and North Carolina. Similarly, the 16th Amendment, authorising the income tax, was proposed in 1909 but rejected by several states, including New Hampshire and Arkansas. In some cases, states have rescinded their ratification, as with New Jersey's ratification of the 14th Amendment, which was rescinded in 1868 and then ratified again in 2003.
The number of states required for ratification has changed over time, and some amendments have required more states to reach ratification. The 21st Amendment, which repealed the 18th Amendment and ended prohibition, is the only amendment to be ratified through state ratifying conventions.
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Unsuccessful amendments
The process of amending the US Constitution is detailed in Article Five of the US Constitution. Amendments must be properly proposed and ratified before becoming operative. This process involves a two-step procedure: the amendment must be proposed and then sent to the states for ratification by either a two-thirds majority in both the Senate and the House of Representatives, or a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
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, only 27 amendments have been added to the Constitution.
Some of the unsuccessful amendments include:
- An amendment proposed by James Madison to establish how members of the House of Representatives would be apportioned to the states. This amendment aimed to ensure that members of the House would represent small constituencies, preventing the House from becoming a kind of oligarchy. However, it failed to gain ratification from the required number of states.
- Another of James Madison's proposed amendments would have forbidden Congress from giving itself a pay raise. This amendment also failed to secure the necessary number of state ratifications. However, in 1982, a university student named Gregory Watson discovered that the amendment had no time constraint and lobbied state legislatures to ratify it. As a result, it eventually became the 27th Amendment to the Constitution in 1992.
- A proposed amendment to make divorce illegal was introduced in Congress annually for about 60 years, starting in the 1880s. Despite support from prominent figures like President Theodore Roosevelt, this amendment never progressed beyond the proposal stage.
- In 1876, residents of Potter County, Pennsylvania, proposed an amendment to eliminate the Senate and the Presidency, citing concerns about the Senate advancing the interests of speculators over the common welfare. This proposal did not make it to the Senate.
- In 1933, Representative Wesley Lloyd of Washington state proposed an amendment to outlaw millionaires, suggesting that income in excess of $1 million should be applied to the national debt. This unusual amendment did not make it into the Constitution.
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Frequently asked questions
The US Constitution has been amended 27 times.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789 (as of January 3, 2019).
The process for amending the Constitution is outlined in Article V of the Constitution. An amendment may be proposed 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. The proposed amendment must then be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution.
The first 10 amendments to the Constitution, ratified in 1791, are known collectively as the Bill of Rights. The 13th, 14th, and 15th amendments, ratified after the Civil War, are known as the Reconstruction Amendments. The 21st Amendment, ratified in 1933, repealed the 18th Amendment and ended prohibition.
No, a Constitutional Convention has never been called to propose amendments. All 27 amendments to the Constitution have been proposed by Congress.
