Isabella Carter
The US Constitution, beginning with the words We the People, is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments, ratified in 1791, are known as the Bill of Rights. While amendments are made to change or add something to the constitution, they can also be repealed, as was the case with the 18th amendment. Furthermore, the Supreme Court's interpretation of amendments can provide exceptions to their application, such as in the case of the 13th amendment, where conscription was deemed not to violate the amendment's prohibition of involuntary servitude.
| Characteristics | Values |
|---|---|
| Number of amendments to the US Constitution | 27 |
| First 10 amendments | Known as the Bill of Rights |
| Date of ratification of the first 10 amendments | December 15, 1791 |
| Number of proposed amendments | 33 |
| Number of proposed amendments not ratified by the states | 6 |
| Minimum number of states required to ratify an amendment | 38 of 50 |
| Amendment proposal methods | 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 |
| Amendment ratification process | The Archivist of the United States administers the ratification process, following procedures established by the Secretary of State and the Administrator of General Services |
| Exceptions | The Thirteenth Amendment, which prohibits slavery and involuntary servitude, has been held inapplicable in certain situations, such as contracts of seamen and enforcement of duties owed to the government |
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What You'll Learn
- The US Constitution has been amended 27 times since 1787
- Article V outlines the procedure for amending the Constitution
- An amendment must be passed by two-thirds of both houses of Congress
- A proposed amendment becomes part of the Constitution when ratified by 38 of 50 states
- The President does not have a constitutional role in the amendment process
The US Constitution has been amended 27 times since 1787
The US Constitution has been amended 27 times since it was first drafted in 1787. The first ten amendments, known as the Bill of Rights, were ratified in 1791.
The process of amending the Constitution is a difficult and time-consuming endeavour. A proposed amendment must be passed by a two-thirds majority in both houses of Congress, and then ratified by either the legislatures of three-quarters of US states or by conventions in a similar proportion of states.
Amendments have covered a wide range of issues, from the prohibition of alcohol and its subsequent repeal, to granting women the right to vote, abolishing poll taxes, and lowering the minimum voting age. The 13th Amendment abolished slavery, "except as a punishment for crime whereof the party shall have been duly convicted".
More recent proposals for amendments include outlawing flag burning, an amendment for the rights of crime victims, allowing voluntary school prayer, making English the official language, and abolishing the Electoral College.
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Article V outlines the procedure for amending the Constitution
Article V of the US Constitution outlines the procedure for amending the document. It establishes two methods for proposing amendments. Firstly, whenever two-thirds of both Houses of Congress deem it necessary, they shall propose amendments to the Constitution. Secondly, on the application of the legislatures of two-thirds of the several states, Congress shall call a convention for proposing amendments. In either case, amendments become valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the states, or by conventions in three-fourths of states, as proposed by Congress.
Article V also includes two sentences that make certain subjects unamendable. Firstly, no amendment made prior to 1808 could affect the first and fourth clauses in the ninth section of the first article—this prohibited amendments that would have affected the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves. Secondly, no state, without its consent, shall be deprived of its equal suffrage in the Senate.
Since the founding of the United States, Congress has used Article V's procedures to propose 33 constitutional amendments. Twenty-seven of these have been ratified by the states, including the first ten amendments, known as the Bill of Rights. Six amendments have been proposed by Congress but not ratified by the states.
There has been some debate over whether Article V provides the exclusive procedures for amending the Constitution. Some scholars have argued that the people of the United States may amend the Constitution using methods not specifically outlined in Article V.
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An amendment must be passed by two-thirds of both houses of Congress
The process of amending the US Constitution is a difficult and time-consuming task. The authority to amend the Constitution is derived from Article V of the Constitution. Article V establishes two methods for proposing amendments to the Constitution. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, also known as both houses of Congress. This means that for an amendment to pass this stage, at least two-thirds of the members present in both the House and the Senate must vote in favour of it.
The second method outlined in Article V involves a constitutional convention called for by two-thirds of the State legislatures. However, this method has never been used. All 27 amendments to the Constitution have been proposed by Congress through the first method.
Once an amendment is proposed by Congress, it is forwarded 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 OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution and copies of the resolution in slip law format.
The proposed amendment is then submitted to the States for their consideration. When a State ratifies a proposed amendment, it sends an original or certified copy of the State action to the Archivist, who maintains custody of these documents. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States).
The process of amending the US Constitution, as outlined in Article V, ensures that any changes made to the Constitution are carefully considered and supported by a significant majority. The requirement of a two-thirds majority vote in both houses of Congress is a crucial step in this process, ensuring that amendments have broad support before they are proposed and sent to the States for ratification.
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A proposed amendment becomes part of the Constitution when ratified by 38 of 50 states
The process of amending the US Constitution is outlined in Article V of the US Constitution. According to Article V, 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 at least two-thirds of the state legislatures.
Once an amendment is proposed, it is sent to the states for ratification. An amendment becomes part of the Constitution when it is ratified by three-fourths of the states, which currently equates to 38 out of 50 states. 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 role includes receiving and examining ratification documents for legal sufficiency and authenticity.
When the required number of authenticated ratification documents is received by the Office of the Federal Register (OFR), a formal proclamation is drafted 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 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 President does not have a constitutional role in the amendment process, and their approval is not required for proposed amendments. The process of amending the Constitution through ratification by the states has been utilized throughout US history, with 27 amendments successfully ratified and added to the Constitution.
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The President does not have a constitutional role in the amendment process
The US Constitution does not outline a specific role for the President in the amendment process. While some Presidents have played a ministerial role in transmitting Congress's proposed amendments to the states for potential ratification, this is not a formal constitutional role. For example, President George Washington sent the first twelve proposed amendments, including the ten proposals that later became the Bill of Rights, to the states for ratification after they were approved by Congress.
The Supreme Court has affirmed the understanding that the President has no formal role in the amendment process. In the 1798 case Hollingsworth v. Virginia, the Court held that the Eleventh Amendment had been constitutionally adopted without requiring the President's involvement. Justice Samuel Chase stated during oral argument that the President has nothing to do with the proposition or adoption of amendments to the Constitution.
This view was further reinforced in the 1920 case Hawke v. Smith, where the Supreme Court characterized its decision in Hollingsworth as having "settled" that the submission of a constitutional amendment did not require the action of the President. Despite being advised that his signature was unnecessary, President Jimmy Carter signed a joint resolution extending the deadline for ratification of the Equal Rights Amendment. This highlights that while Presidents may occasionally perform ceremonial functions related to amendments, they do not have a formal constitutional role in the amendment process.
Under modern federal law, the Archivist of the United States is responsible for certifying a state's ratification of a constitutional amendment. The Archivist submits the proposed amendment to the states for their consideration and follows procedures established by the Secretary of State and the Administrator of General Services. The Director of the Federal Register also plays a role in administering the ratification process and examining ratification documents for facial legal sufficiency. These officials, rather than the President, are central to the constitutional amendment process.
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Frequently asked questions
There have been 27 amendments to the US Constitution.
The first 10 amendments are called the Bill of Rights.
Congress proposes amendments, which are then sent to the states for ratification. The Archivist of the United States administers the ratification process. Once an amendment is ratified, the archivist issues a certificate confirming it as an operative part of the Constitution.
The 13th Amendment prohibits slavery and involuntary servitude, except as punishment for a crime. The Supreme Court has upheld that conscription for military service does not violate the 13th Amendment.
The 13th, 14th, and 15th Amendments are known as the Reconstruction Amendments.
