Isabella Carter
The Constitution of the United States has been amended 27 times since it was drafted in 1787, with the first 10 amendments being adopted in 1791 as the Bill of Rights. The process of amending the Constitution is outlined in Article V of the Constitution and involves a proposed amendment being passed by a two-thirds majority in both houses of Congress, followed by ratification by three-fourths of the state legislatures. Once an amendment is ratified, it becomes part of the Constitution and is certified by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). While there is a physical copy of the original Constitution from the 1700s, amendments are separate documents that are added to a registry kept in the National Archives. They are not physically added to the original Constitution, and the process of recompiling the entire constitution with amendments is rare.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| Difficulty of Amendment Process | Very difficult and time-consuming |
| Authority to Amend | Article V of the Constitution |
| Amendment Proposal | Two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of state legislatures |
| Amendment Ratification | Three-fourths of the States (38 out of 50) |
| Amendment Publication | Separate from the Constitution, occasionally recompiled with the Constitution |
| Amendment Documentation | Stored in the National Archives with signed confirmation by the head Archivist |
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What You'll Learn
The process of amending the US Constitution
The United States Constitution was designed to be a durable document that would "endure for ages to come". As a result, the process of amending it is deliberately difficult and time-consuming. The authority to amend the Constitution is derived from Article V of the Constitution.
There are two ways to propose an amendment to the Constitution. The first is for two-thirds of both houses of Congress to pass a proposed amendment. The second is for two-thirds of state legislatures to request that Congress call a constitutional convention to propose an amendment. However, in practice, all amendments have been proposed by Congress, and no amendments have been proposed by constitutional convention. Congress proposes amendments in the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration's (NARA) 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.
For an amendment to become part of the Constitution, it must be ratified. Ratification can occur in one of two ways. The first is for three-fourths of the state legislatures (38 out of 50 states) to approve the amendment. The second is for three-fourths of the states to hold ratifying conventions, where ratification is approved by a majority of delegates. Once an amendment is ratified, the OFR drafts a formal proclamation for the Archivist of the United States 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 and serves as official notice to Congress and the nation that the amendment process is complete.
The process of amending the Constitution is challenging and has only been completed 27 times since the Constitution was drafted in 1787. Notable amendments include the Bill of Rights, which was adopted four years after the Constitution was drafted, and amendments from the 20th century that gave women the right to vote, repealed Prohibition, abolished poll taxes, and lowered the minimum voting age to 18.
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The rarity of amendments
The United States Constitution has been amended only 27 times since it was drafted in 1787. This includes the first 10 amendments, which were adopted four years later as the Bill of Rights. The framers of the Constitution made it challenging to amend the document on purpose. As Chief Justice John Marshall wrote in the early 1800s, the Constitution was written "to endure for ages to come."
The amendment process is indeed difficult and time-consuming. A proposed amendment must pass with a two-thirds majority in both the House of Representatives and the Senate, or two-thirds of state legislatures can request a Constitutional Convention to propose an amendment. However, no amendment has ever been proposed through a Constitutional Convention. Once proposed, an amendment must be ratified by three-quarters of the states (38 out of 50) to become part of the Constitution.
While there have been numerous proposals for amendments, many have not succeeded due to the challenging nature of the process. For example, supporters of congressional term limits and a balanced budget amendment were unsuccessful in their efforts to implement new amendments. Similarly, the ERA Amendment did not pass the required majority of state legislatures in the 1980s. These instances highlight the rarity and difficulty of amending the Constitution.
The physical amendments are kept separately from the original Constitution. They are archived in the National Archives, along with signed confirmation by the head archivist. While the original documents from the 1700s are rarely handled, the amendments are accessible for reference and verification purposes.
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The number of amendments
The Constitution of the United States has been amended 27 times since it was first drafted in 1787. The first ten amendments were adopted four years later in 1791 and are known as the Bill of Rights. The most recent amendment, the 27th, was passed in 1992.
Amending the Constitution is a challenging and time-consuming process. A proposed amendment must first be passed by 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 state legislatures. Once passed, the amendment must then be ratified by three-fourths of the states (38 out of 50).
The physical amendments are kept separately from the original Constitution, which is stored securely. The amendments are added to a registry in the National Archives, along with signed confirmation by the head archivist. When an amendment is ratified, the Archivist or the Director of the Federal Register signs the certification, and this is witnessed by dignitaries, sometimes including the President. The certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
While the original Constitution is kept under tight security, with the documents rarely handled and stored in bulletproof cases, it is unclear what format the amendments take. They are likely to be printed on high-quality paper, but there is no definitive proof of this.
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The role of the President in the amendment process
The process of amending the United States Constitution is a difficult and time-consuming endeavour. The Constitution itself does not outline a specific role for the President in the amendment process. The Supreme Court has also articulated the Judicial Branch's understanding that the President has no formal constitutional role in amending the Constitution.
Despite this, there have been instances of Presidents playing an informal, ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. 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. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President. President Johnson, for instance, signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon witnessed the certification of the 26th Amendment.
Furthermore, while the President's signature is not required for a joint resolution proposing an amendment, there have been instances of Presidents signing such resolutions. For example, President Jimmy Carter signed a joint resolution to extend the deadline for ratification of the Equal Rights Amendment, despite being advised that his signature was unnecessary.
In summary, while the President does not have a formal role in the amendment process, they may play an informal role in transmitting proposed amendments to the states and may be involved in ceremonial functions related to the amendment process.
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The physical form of amendments
Firstly, it is important to understand that the United States Constitution was designed to be a durable framework for the nation, as Chief Justice John Marshall noted in the early 1800s. Amending the Constitution is intentionally challenging, and there have only been 27 amendments since its drafting in 1787. This includes the first 10 amendments, known as the Bill of Rights, ratified in 1791.
Now, regarding the physical form of amendments, it is worth clarifying that there is no single physical document of the Constitution that is updated with each amendment. Instead, amendments are added to a registry maintained by the National Archives. This registry includes signed confirmation by the head archivist, indicating that the amendments have been officially incorporated into the Constitution. The original documents from the 1700s are carefully preserved and stored, rarely handled by humans.
The process of amending the Constitution involves Congress proposing an amendment, which is then ratified by three-fourths of the states (38 out of 50). Once the required number of authenticated ratification documents is received by the Office of the Federal Register (OFR), they draft a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation.
While the specific paper type is not definitively known, federal law, 1 U.S.C. 107, mentions "parchment or paper of suitable quality" for official documents. The physical format may vary, but the key aspect is the official recognition and publication of the amendment as part of the Constitution.
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Frequently asked questions
No, amendments are published separately. However, occasionally, an entire constitution is recompiled, incorporating the amendments.
There have been 27 amendments to the US Constitution since it was drafted in 1787. The first 10 amendments were adopted in 1791 as the Bill of Rights.
The Constitution can be amended either by 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 ratified by three-fourths of the states (38 out of 50).
Some examples of proposed amendments include those supporting congressional term limits, a balanced budget amendment, outlawing flag burning, crime victims' rights, and voluntary school prayer.
