Isabella Carter
There are currently 27 amendments to the US Constitution, the last of which was ratified in 1992. Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789, with members of the House and Senate proposing around 200 amendments during each two-year term of Congress. While there is no 28th Amendment yet, there are several proposals for what it could include. Governor Gavin Newsom has proposed an amendment to end America's gun violence crisis by enshrining fundamental and broadly supported gun safety measures into law. Students from the Annenberg Public Policy Center of the University of Pennsylvania have also proposed several ideas for the 28th Amendment, including guaranteeing that all schools are equitable and providing everyone with the right to have the option of free healthcare.
| Characteristics | Values |
|---|---|
| Current number of amendments to the US Constitution | 27 |
| Number of proposals to amend the Constitution | Approximately 11,848 |
| Number of proposals sent to states for ratification | 33 |
| Number of ratified amendments | 27 |
| Number of states required for a constitutional convention | 34 |
| Number of states required to ratify an amendment | 38 |
| Date of the last amendment | 1971 |
| Subject of the 28th Amendment proposal by Governor Newsom | Gun safety measures |
| Subject of the 28th Amendment proposal by students | Various, including gun control, healthcare, and voting rights |
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What You'll Learn
- The 28th Amendment has not yet been added to the US Constitution
- Governor Newsom proposed the 28th Amendment to address gun violence
- The Amendment would raise the minimum age to purchase firearms to 21
- The Amendment would institute universal background checks
- The Amendment would bar the civilian purchase of assault weapons
The 28th Amendment has not yet been added to the US Constitution
The US Constitution is a living document that has been amended 27 times since 1789, with the last amendment, the 27th Amendment, being added in the early 2000s. The process of amending the Constitution is a challenging and lengthy one, and while there have been numerous proposals for a 28th Amendment, none have been successful so far.
In 2024, California Governor Gavin Newsom proposed a historic 28th Amendment to address America's gun violence crisis. Governor Newsom's proposal aimed to enshrine fundamental and broadly supported gun safety measures into law while respecting the Second Amendment. The proposed measures included universal background checks, raising the minimum age for firearm purchases to 21, instituting a waiting period for gun purchases, and barring the civilian purchase of assault weapons. This amendment has not been added to the Constitution, and 33 other states would need to take action to convene a constitutional convention to consider it.
The idea of a 28th Amendment has also been explored by students at the Annenberg Public Policy Center of the University of Pennsylvania. Their proposals included guaranteeing equitable education across rich and poor districts, providing universal access to free or pay-what-you-can healthcare, abolishing the Electoral College, and addressing gun violence by limiting gun ownership to the military and hunters. While these ideas have not yet gained traction as a formal amendment, they represent the ongoing dialogue and desire for change in America.
Additionally, there have been other proposed amendments that have not made it through the rigorous amendment process. Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, with members of the House and Senate typically proposing around 200 amendments during each two-year term. However, most of these proposals die in congressional committees, and only about 20 proposed amendments have received a vote in recent years.
The process of amending the US Constitution is deliberately challenging, requiring supermajority support in Congress and ratification by a significant number of states. While there is ongoing discussion and a diverse range of proposals for a 28th Amendment, none have successfully navigated the amendment process to become an operative part of the Constitution.
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Governor Newsom proposed the 28th Amendment to address gun violence
In 2024, Governor Gavin Newsom of California proposed a 28th Amendment to the United States Constitution to address America's gun violence crisis. The amendment, known as the Right to Safety Amendment, aims to enshrine fundamental and broadly supported gun safety measures into law. While there have been 27 amendments to the Constitution, Governor Newsom's proposal highlights the deeply entrenched national gun culture and political divisions in the US that have hindered federal and state policies to address gun violence.
Newsom's proposed amendment includes raising the federal minimum age to purchase a firearm from 18 to 21, mandating universal background checks, instituting a waiting period for gun purchases, and barring civilians from buying assault weapons. These measures are designed to respect America's gun-owning tradition while addressing the epidemic of gun violence that left nearly 43,000 people dead in 2023. The governor argues that the extreme gridlock in Congress necessitates this type of action, and he is working with grassroots supporters, leaders, and coalitions to push for the passage of similar resolutions in other state legislatures.
The passage of the 28th Amendment, however, faces significant challenges. It requires a convention to propose amendments, also known as an Article V Convention or amendatory convention. California would need to work in partnership with 33 other states to convene such a convention. Despite the long-shot nature of his proposal, Newsom remains hopeful, stating, "Our ability to make a more perfect union is literally written into the Constitution."
The proposed 28th Amendment has received support from Democrats, Republicans, independent voters, and gun owners. It is seen as a way to canonize simple gun protections without conflicting with the Second Amendment. However, it has also faced criticism from both sides of the political aisle as an attempt to boost Newsom's credentials for a potential future presidential run. The odds appear stacked against the governor, and there may not be any movement towards the amendment until 2025.
While Governor Newsom's proposal for a 28th Amendment to address gun violence is a bold initiative, its success remains uncertain. The deeply rooted political and cultural divides surrounding gun rights in America present significant obstacles. Nonetheless, with nearly 43,000 lives lost to gun violence in a single year, there is a pressing need for effective policies to curb this crisis.
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The Amendment would raise the minimum age to purchase firearms to 21
As of 2024, there have been 27 amendments to the US Constitution, and a 28th Amendment has been proposed by Governor Gavin Newsom of California. This amendment seeks to address America's gun violence crisis by enshrining four fundamental and broadly supported gun safety measures into law. One of these measures is raising the federal minimum age to purchase firearms from 18 to 21.
Currently, federal law sets the minimum age at 18 for purchasing long guns, including assault weapons, from licensed dealers. The minimum age is 21 for purchasing handguns from licensed dealers, but this does not apply to unlicensed sellers, where there is no minimum age for long guns and a minimum age of 18 for handguns. Governor Newsom's proposed amendment would raise the minimum age to 21 for all firearm purchases, regardless of the type of weapon or seller.
The rationale behind raising the minimum age to 21 is to reduce access to firearms by young people, particularly those aged 18 to 20, who are responsible for a disproportionate number of school shootings, public mass shootings, and gun homicides. Research has shown that individuals in this age group commit gun homicides at over three times the rate of adults aged 21 and older. Additionally, this age group has seen a 31% increase in firearm suicide rates over the last decade, and firearms are the leading cause of death for 18 to 20-year-olds.
By raising the minimum age to 21, studies have found that there would be a significant decrease in firearm incidents and overall firearm violence. One study specifically noted a twelve percent decline in firearm suicide rates among 18 to 20-year-olds when the minimum age was raised. Additionally, the human brain continues to develop well past the age of 21, especially in areas related to impulse control, judgement, and long-range planning, which are critical factors in reducing violent behaviors.
The proposed 28th Amendment, also known as the Right to Safety Amendment, aims to address these concerns by ensuring that common-sense gun safety measures are enshrined in the Constitution, while still respecting the 2nd Amendment and America's gun-owning tradition.
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The Amendment would institute universal background checks
There is currently no 28th Amendment to the US Constitution. However, Governor Gavin Newsom of California has proposed a 28th Amendment to address the nation's gun violence crisis. The amendment would enshrine broadly supported gun safety measures into law, including universal background checks.
Universal background checks are widely supported by both Democrats and Republicans, as well as independent voters and gun owners. Public polling suggests that tighter gun restrictions, such as background checks, have broad popular appeal. For example, a Fox News national poll found that more than three-fourths of respondents favored universal background checks.
The proposal for universal background checks is part of a broader effort to address gun violence in the United States. The 28th Amendment, as proposed by Governor Newsom, would also include measures such as raising the minimum age to purchase a firearm to 21, instituting a waiting period for gun purchases, and barring the civilian purchase of assault weapons. These measures aim to strike a balance between respecting the Second Amendment and protecting public safety.
The passage of the 28th Amendment would require a constitutional convention, also known as an Article V Convention, which would need the support of 33 additional states beyond California. Governor Newsom has expressed his commitment to working with grassroots supporters, elected officials, and diverse coalitions to build support for the amendment and address the nation's gun violence crisis.
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The Amendment would bar the civilian purchase of assault weapons
There are currently 27 amendments to the US Constitution. However, in June 2023, Governor Gavin Newsom of California proposed a 28th Amendment to the United States Constitution to address the nation's gun violence crisis. This amendment, known as the Right to Safety Amendment, aims to enshrine fundamental and broadly supported gun safety measures into law while respecting the Second Amendment and America's gun-owning tradition.
One of the key components of the proposed amendment is the aim to bar the civilian purchase of assault weapons. Governor Newsom highlighted that assault weapons serve no other purpose than to kill as many people as possible in a short amount of time and are weapons of war that the nation's founders never envisioned. The amendment would criminalize the private transfer of these weapons and impose an 'assault weapons' ban.
Governor Newsom's proposal has received support from various individuals and organizations who view it as a necessary step to address gun violence and mass shootings in the country. Senator Aisha Wahab, for example, commended Governor Newsom's efforts, stating that he has "the backbone to actually do something about the gun fetish culture around weapons of war." Assemblymember Reggie Jones-Sawyer also expressed support for the amendment, emphasizing the need for common-sense gun reform legislation.
However, the proposed 28th Amendment has also faced criticism and opposition from gun rights groups, such as the Firearms Policy Coalition (FPC) and Gun Owners of America (GOA). These groups argue that the amendment is an attack on the Second Amendment right to keep and bear arms. They believe that the amendment bolsters their arguments against the constitutionality of existing gun control laws.
The passage of the 28th Amendment would require a convention to propose amendments to the United States Constitution, also known as an Article V Convention or amendatory convention. In addition to California, 33 other states would need to take action to convene such a convention.
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Frequently asked questions
No, there is currently no 28th Amendment to the US Constitution.
There are 27 amendments to the US Constitution, the first 10 of which were ratified simultaneously and are known as the Bill of Rights.
Amendments can be proposed by Congress and sent to the states for ratification when a two-thirds majority in both the Senate and House of Representatives deem it necessary. Amendments can also be proposed by 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.
Some proposals for the 28th Amendment include addressing gun violence, guaranteeing equitable schools, providing universal healthcare, abolishing the Electoral College, and protecting the right to vote.
In 2024, Governor Gavin Newsom of California proposed the 28th Amendment to enshrine gun safety measures into law, including universal background checks, raising the firearm purchase age to 21, and barring the civilian purchase of assault weapons.
