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The United States 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 framers made it difficult to amend the Constitution to ensure its longevity. The process of amending the Constitution is time-consuming and challenging. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the state legislatures. While there have been numerous proposals to amend the Constitution, only a few have succeeded in being ratified. The last ratified amendment was the 27th Amendment in 1992. The difficulty in amending the Constitution ensures that any changes made are significant and permanent. However, it also raises questions about whether it should be “hard, but not that hard” to amend the Constitution to facilitate necessary changes.
| Characteristics | Values |
|---|---|
| Difficulty in amending the constitution | High |
| Number of amendments since it was drafted in 1787 | 27 |
| Number of proposed measures to amend the constitution from 1789 through Jan. 3, 2019 | 11,848 |
| Number of amendments proposed by constitutional convention | 0 |
| Number of amendments that overrode an interpretation of the constitution by the Supreme Court | 2 |
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What You'll Learn
The difficulty of amending the Constitution
The United States Constitution was written "to endure for ages to come". To ensure it would last, the framers made it a difficult and time-consuming task to amend the document. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments adopted four years later as the Bill of Rights.
The amendment process is challenging, with specific steps that must be followed. A proposed amendment must be passed by a two-thirds majority 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 states) to become part of the Constitution. This ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
The difficulty in amending the Constitution is further highlighted by the large number of proposed amendments that have not been successful. Approximately 11,848 measures have been introduced to amend the Constitution since 1789, yet only 27 amendments have been ratified. This indicates that while there is a recognition that the Constitution should be amendable to meet future challenges, the process is designed to be deliberately challenging.
The close political divide in Congress also contributes to the difficulty of amending the Constitution. Any proposed amendment that is seen as partisan or controversial is unlikely to gain the required level of support. Additionally, the high threshold for ratification by the states ensures that amendments must have broad appeal and impact to be successful. As a result, only significant changes affecting all Americans or securing citizens' rights are considered worthy of amending the Constitution.
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The number of amendments to date
The United States Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The most recent amendment, the 27th Amendment, was ratified in 1992.
The process of amending the Constitution is deliberately difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority in both houses of Congress, and then ratified by the legislatures of three-fourths of the states (38 out of 50 states). This ensures that any changes made to the Constitution are carefully considered and have a broad consensus of support.
The authority to amend the Constitution comes from Article V of the Constitution. The amendment process is overseen by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist is responsible for administering the ratification process and issuing a certificate proclaiming that an amendment has become an operative part of the Constitution.
In total, approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789. However, despite the frequent proposals, no amendments have been made in recent decades. This is due in part to the high bar set for ratification and the requirement for a broad consensus across a large number of states.
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The process of amending the Constitution
The authority to amend the Constitution stems from Article V of the Constitution. The process can be initiated in two ways. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not play a direct role in this process. Secondly, a constitutional convention can be called upon by two-thirds of the state legislatures, although this has never occurred in the history of the United States.
Once an amendment is proposed, it must be ratified. Ratification requires approval by three-fourths of the states (38 out of 50 states). The National Archives and Records Administration (NARA), specifically the Office of the Federal Register (OFR), plays a crucial role in the process. The OFR adds legislative history notes, publishes the proposed amendment, and creates an information package for the states.
When the OFR confirms receiving the required number of authenticated ratification documents, it drafts a formal proclamation. The Archivist of the United States then certifies that the amendment is valid and has become an integral part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notification to Congress and the nation that the amendment process is complete. The signing of the certification has become a ceremonial event witnessed by dignitaries, including the President, in recent history.
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The role of interpretation in changing the Constitution
The United States Constitution was designed to be a durable document that could "endure for ages to come". Amending the Constitution is a challenging and time-consuming process, as the framers intended. This is evident in the fact that there have only been 27 amendments since it was drafted in 1787, with the last one being ratified in 1992. The process of amending the Constitution involves proposing an amendment, which can be done 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). This two-step process, as outlined in Article V of the Constitution, ensures that any changes made to the Constitution are carefully considered and have a broad consensus.
The interpretation of the Constitution is not limited to the Supreme Court. Activists and citizens can also interpret the Constitution and advocate for amendments to create lasting change. For instance, American women in the 20th century organised to increase their political rights, demonstrating for their right to vote. Additionally, educators play a role in interpreting the Constitution by teaching students about the amendment process and proposing activities where students research and form opinions on proposed amendments.
The difficulty of amending the Constitution has been a topic of debate. Some argue that the process is too challenging and has resulted in a lack of necessary changes. For example, the close political divide in Congress can hinder proposed amendments, as seen in the case of President Joe Biden's Supreme Court reform proposals. Others defend the complexity of the process, believing that it ensures stability and permanence in the nation's governing document. Leone, president of the Twentieth Century Fund, suggests that efforts to amend the Constitution may be overreactions to dissatisfaction with the government.
Despite the challenges, proponents of amendments remain persistent. Since 1789, approximately 11,848 measures have been proposed to amend the Constitution. While many of these proposals have not become law, they reflect the ongoing interpretation and re-evaluation of the Constitution by citizens and policymakers alike. The interpretation of the Constitution is crucial in identifying areas where change is needed and building support for potential amendments.
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The importance of amendments
The United States Constitution was written "to endure for ages to come". To ensure it would last, the framers made it a challenging task to amend the document. Amending the Constitution is a difficult and permanent way of changing laws in the United States, and it is also the most significant. The Constitution has been amended only 27 times since it was drafted in 1787, and only two out of those 27 amendments overrode an interpretation of the Constitution by the Supreme Court. The last ratified amendment was the 27th Amendment in 1992.
The process of amending the Constitution is deliberately long and complicated to create stability in the country. A proposed amendment must 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. The proposed amendment then needs to be ratified by three-fourths of the states (38 out of 50). This process ensures that amendments have broad national support and are not just temporary political fixes.
Despite the challenges, proponents of amendments remain dedicated to their causes. Since 1789, approximately 11,848 measures have been proposed to amend the Constitution. Activists have pushed for constitutional amendments as a way to create lasting change on issues that affect all Americans or secure the rights of citizens. While not all proposed amendments are successful, the process of debating and discussing them is an important part of civic engagement and deep thinking about America's founding principles.
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Frequently asked questions
The framers of the Constitution intended for it to be an "enduring" document that would "endure for ages to come". To ensure its longevity, they made it difficult to amend. Amending the Constitution is the most difficult and permanent way of changing laws in the United States.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate, and then ratified by three-fourths of the state legislatures (38 out of 50 states). The President does not have a constitutional role in the amendment process.
Amendments that have been ratified in the past typically fall into one of the following categories: protecting a right or freedom, revising a function of the Constitution, or writing a new power or limit on power into the Constitution.
