Isabella Carter
The process of amending the United States Constitution is a difficult task by design. The 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 in 1791. The most recent amendment, the 27th, was ratified in 1992. The process of amending the Constitution begins with a proposal by Congress, which must pass with a two-thirds majority in both the House of Representatives and the Senate. Once an amendment is proposed, it becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). While there have been recent efforts to introduce new amendments, such as those related to congressional term limits and a balanced budget, they have not been successful.
| Characteristics | Values |
|---|---|
| Number of Amendments to the US Constitution | 27 |
| Difficulty of amending the Constitution | High |
| Amendments proposed by Congress | 27 |
| Amendments proposed by constitutional convention | 0 |
| Amendments requiring ratification by states | 38 of 50 |
| Role of the President | None |
| Role of the Archivist | Administers the ratification process |
| Role of the Director of the Federal Register | Assists the Archivist |
| Example of an Amendment | 11th Amendment: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." |
| Recent Amendments | 27th Amendment, certified on May 18, 1992 |
| States that did not ratify the 27th Amendment | Massachusetts, Mississippi, New York, and Pennsylvania |
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What You'll Learn
The difficulty of passing new amendments
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers made it difficult to amend the document to ensure its longevity. In recent times, supporters of congressional term limits and a balanced budget amendment were unsuccessful in their attempts to get new amendments passed.
The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights. The last ratified amendment was the 27th Amendment in 1992. The process of amending the Constitution is challenging, and according to Scalia, less than 2 percent of the population could prevent an amendment from being made. According to the most recent US Senate records, approximately 11,848 measures have been proposed to amend the Constitution from 1789 through January 3, 2019, yet only 27 amendments have been ratified out of 33 passed by Congress and sent to the states.
The authority to amend the Constitution comes from Article V of the Constitution. An amendment can 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. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention. Once an amendment is proposed, it becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
While some people advocate for making the Constitution easier to change, others argue that recent efforts to amend it go too far and are a reaction to dissatisfaction with the government rather than a genuine need for change. The number of proposed amendments is not uncommon, but it is important to consider whether a political fix belongs in the Constitution. The process of amending the Constitution is indeed challenging, and the high bar for success ensures that only significant changes affecting all Americans or securing citizens' rights are made.
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The role of the Archivist of the United States
One of the key duties of the Archivist is to maintain custody of significant documents, including state ratifications of amendments to the Constitution. When an amendment is proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate, the original document is sent to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR then verifies the receipt of authenticated ratification documents from three-quarters of the states (38 out of 50), after which the Archivist certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register, marking the completion of the amendment process.
Additionally, the Archivist has duties related to the custody of Electoral College documents during United States presidential elections. These administrative responsibilities are often delegated to the Director of the Federal Register. The Archivist also receives the original version of all statutes of the United States once they are enacted.
The current Archivist of the United States is Dr. Colleen Shogan, who assumed office in May 2023. She is the 11th Archivist and the first woman to hold the position permanently. Shogan was nominated by President Joe Biden and confirmed by the Senate. She succeeded David S. Ferriero, who retired in April 2022. Shogan's academic background includes a Ph.D. in American Politics from Yale University, and she has held various senior roles related to history, politics, and education before assuming her current position.
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The process of proposing an amendment
Amending the United States Constitution is not an easy task. The Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made it a challenging process to amend the document. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, which were adopted four years later as the Bill of Rights.
Step 1: Proposal by Congress
The first step in proposing an amendment is for Congress to pass a bill proposing the amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This is a challenging threshold to meet and requires significant support for the amendment. The President does not have a constitutional role in this process.
Step 2: Submission to States
Once the amendment is proposed by Congress, it is submitted to the states for their consideration. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), plays a crucial role in this step. The Archivist sends a letter of notification to each state governor, along with informational material prepared by NARA's Office of the Federal Register (OFR).
Step 3: Ratification by States
For the amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). Each state legislature will consider the proposed amendment and decide whether to ratify it. The OFR verifies the receipt of authenticated ratification documents from the states.
Step 4: Certification
Once the OFR verifies that the required number of states has ratified the amendment, it drafts a formal proclamation for the Archivist to certify. This certification confirms that the amendment is valid and has become an official part of the Constitution. The 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.
In summary, proposing an amendment to the United States Constitution is a complex and rigorous process involving Congress and the states. It requires broad support and consensus to succeed, reflecting the framers' intention to create a durable and enduring Constitution.
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The number of amendments passed so far
The United States Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments were ratified on December 15, 1791, and are known as the Bill of Rights. The remaining 17 amendments were passed and ratified at various times, with the most recent being the 27th Amendment, which was ratified on May 18, 1992.
The process of amending the Constitution is deliberately difficult. 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. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The specific procedures for the ratification process are not outlined in detail in the Constitution. However, the Archivist of the United States and the Director of the Federal Register follow established customs and procedures, which include drafting a formal proclamation and publishing it in the Federal Register.
The 27 amendments cover a range of topics, including judicial power, slavery and involuntary servitude, taxation, Senate composition, and citizens' rights. Some amendments have also modified specific sections of the Constitution. For example, the 12th Amendment superseded a portion of Article II, Section 1, while the 14th Amendment modified Article I, Section 2.
While there have been 27 successful amendments, numerous other proposals have not come to fruition. For instance, supporters of congressional term limits and a balanced budget amendment were unsuccessful in their efforts to implement new amendments. Additionally, there have been legal debates surrounding the interpretation and validity of certain amendments, as illustrated in court cases such as Boehner v. Anderson and Schaffer v. Clinton.
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The Bill of Rights
The Tenth Amendment, the capstone of the Bill of Rights, was drafted out of the tumultuous process of ratifying the Constitution. It has been interpreted as a clarification that the federal government is largely limited and enumerated. This means that a government decision is not to be investigated as a potential infringement of civil liberties but rather as an overreach of its power and authority. Several Supreme Court decisions have invoked the Tenth Amendment, often when trying to determine if the federal government operated within or exceeded the bounds of its authority.
The amendments that make up the Bill of Rights include:
- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
- Congress shall make no law abridging the freedom of speech, or of the press.
- The right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
- The right of the people to keep and bear arms shall not be infringed.
- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.
- No Soldier shall, in time of peace, be quartered in any house, without the consent of the Owner.
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Frequently asked questions
The authority to amend the US Constitution comes from Article V of the Constitution. An amendment can 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. Once proposed, an amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50).
There have been 27 amendments to the US Constitution since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were ratified in 1791.
Some recent proposed amendments include those supported by congressional term limits and a balanced budget amendment, which were not successful. Other proposals that have gained some traction include an amendment to outlaw flag burning and an amendment to establish crime victims' rights.
The 27th Amendment, which relates to the compensation of members of Congress, was the most recent amendment to the US Constitution. It was certified and became part of the Constitution on May 18, 1992.
