Omar Bennett
The US Constitution, the fundamental law of the federal system of government, includes a total of 27 amendments, beginning with the Bill of Rights, the first 10 amendments, which were ratified on December 15, 1791. The process of amending the Constitution is detailed in Article Five, which outlines a two-step process requiring proper proposal and ratification before an amendment becomes operative. Amendments can be proposed by Congress or a national convention called by Congress, and to become part of the Constitution, they must be ratified by three-fourths of the states. Since the Constitution came into operation in 1789, approximately 11,848 proposals to amend it have been introduced in Congress, with members of the House and Senate proposing around 200 amendments during each two-year term. The amendments address various topics, including states' rights, representation, and slavery, and they have been used to strike a balance between the need for change and maintaining the stability of the nation's plan of government.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| Amendments Ratified | 33 |
| Amendments Proposed | 11,848 |
| Amendments Proposed per Congress Term | 200 |
| Amendments Passed in Recent Decades | 0 |
| Amendments Passed by Congress | 33 |
| Amendments Failed by Required State Ratification | 6 |
| Amendments Pending Ratification | 4 |
| Amendments Failed by Proposal Terms | 1 |
| Amendments Passed by State Ratifying Conventions | 1 |
| Amendment to Repeal Another Amendment | 21st Amendment |
| Amendment Repealed | 18th Amendment |
| Amendment with Most Recent Ratification | 27th Amendment |
| Amendment Topic with Most Recent Ratification | Prohibition of Midterm Changes in Congressional Compensation |
| Amendment with No Ratification | Citizen-to-Representative Ratio |
| Amendment Rights | Right to Keep and Bear Arms, No Quartering of Soldiers, Right to Free Speech and Assembly, Right to Petition the Government, Right to Private Property, Right to Trial by Jury, Freedom of the Press, Right to a Fair Trial, Freedom of Religion, Rights Retained by the People |
Explore related products
What You'll Learn
The US Constitution has 27 amendments
The US Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. These first two amendments guarantee certain fundamental rights to US citizens, such as freedom of speech, freedom of religion, the right to keep and bear arms, and protection against unreasonable searches and seizures.
The process of amending the Constitution is outlined in Article Five, which requires amendments to be properly proposed and ratified before becoming operative. This can be done through a two-thirds majority vote in both the Senate and the House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. The latter option has never been used.
The most recent amendment, the Twenty-Seventh Amendment, states that no law varying the compensation for the services of Senators and Representatives shall take effect until an election of Representatives has intervened. This means that members of Congress cannot change their salaries during their current term; they must wait until after the next election cycle.
Since 1789, approximately 11,848 proposals have been introduced to amend the Constitution, with members of the House and Senate proposing around 200 amendments during each two-year term of Congress. However, none of the proposals made in recent decades have become part of the Constitution. The last proposal to gain the necessary two-thirds support in both chambers was the District of Columbia Voting Rights Amendment in 1978.
Amendment 24: Banning Poll Taxes and Protecting Voting Rights
You may want to see also
The first 10 amendments are the Bill of Rights
The United States Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments, ratified on December 15, 1791, are known as the Bill of Rights. James Madison wrote these amendments to limit government power and protect individual liberties.
The First Amendment prohibits Congress from making laws that establish religion or restrict the free exercise thereof, abridge freedom of speech or the freedom of the press, or impede the right to assemble and petition the government. The Second Amendment affirms the right of citizens to keep and bear arms. The Third Amendment prohibits the quartering of soldiers in civilian homes without the owner's consent. The Fourth Amendment protects citizens from unreasonable searches and seizures, requiring warrants to be supported by probable cause.
The Fifth Amendment provides several protections for people accused of crimes. It requires serious criminal charges to be initiated by a grand jury, prohibits double jeopardy, guarantees the right against self-incrimination, and protects against the confiscation of property without just compensation. It also ensures that no one may be imprisoned without due process of law. The Sixth Amendment provides additional protections for the accused, including the right to a speedy and public trial, an impartial jury, and the right to confront witnesses and be represented by a lawyer.
The Seventh Amendment extends the right to a jury trial in Federal civil cases, while the Eighth Amendment prohibits excessive bail and fines and cruel and unusual punishment. The Ninth Amendment clarifies that the listing of specific rights in the Constitution does not deny or disparage other rights retained by the people. Finally, the Tenth Amendment states that the Federal Government only has the powers delegated to it by the Constitution, with all other powers being reserved for the states or the people.
Formal Ways to Amend the Constitution
You may want to see also
Amendments must be proposed and ratified
The process of amending the US Constitution is outlined in Article V of the Constitution. Amendments can be proposed by a two-thirds majority vote in both the House of Representatives and the Senate, or by a national convention called by Congress upon the request of two-thirds of state legislatures.
Once an amendment has been proposed, it is sent to the states for ratification. An amendment must be ratified by three-quarters of the states (38 out of 50) to become part of the Constitution. This can be achieved through the state legislatures or state ratifying conventions. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process.
Congress has occasionally set a ratification deadline, stipulating that an amendment must be ratified within a certain period, usually seven years, to become part of the Constitution. This authority was affirmed by the Supreme Court in 1939. However, in the absence of a deadline, an amendment can remain pending indefinitely and be ratified long after being proposed.
Since the Constitution was enacted in 1789, there have been 27 successful amendments, including the first 10 amendments, known as the Bill of Rights, which were ratified simultaneously in 1791. Six other amendments have been proposed but not ratified by the required number of states, with four still pending.
Floridians: Reject Amendment 3
You may want to see also
Explore related products
The Eighteenth Amendment prohibited alcohol
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The Eighteenth Amendment prohibited the manufacture, transportation, and sale of intoxicating liquors within the United States. It was proposed by Congress on December 18, 1917, and ratified by the requisite number of states on January 16, 1919. Nebraska was the 36th state to ratify the amendment, with Acting Secretary of State Frank L. Polk certifying the ratification on January 29, 1919.
The Eighteenth Amendment was the result of decades of efforts by the temperance movement, which argued that banning alcohol would eliminate poverty and improve society. Groups such as the Anti-Saloon League and the Woman's Christian Temperance Union campaigned against the sale, manufacture, and distribution of alcohol. By 1916, 23 out of 48 states had passed laws against saloons, and some had even banned the manufacture of alcohol. The Eighteenth Amendment was passed by Congress on December 18, 1917, and ratified on January 16, 1919, with nationwide Prohibition taking effect on January 17, 1920.
The Volstead Act, enacted on October 28, 1919, defined intoxicating liquors as beverages containing 0.5% or greater alcohol by volume, including beer, wine, and distilled spirits. While it allowed licensed production and use for specific purposes, it did not prohibit drinking or purchasing alcohol. The Eighteenth Amendment and the Volstead Act were controversial as they gave the federal government power over individual social habits, traditionally managed by state and local governments.
Despite the amendment, nationwide enforcement of Prohibition was challenging. Alcohol smuggling and illicit bars became prevalent, and public sentiment turned against Prohibition during the 1920s. The amendment was eventually repealed by the Twenty-First Amendment on December 5, 1933, making it the only constitutional amendment in American history to be repealed.
Trump's Attempt to Rewrite the Constitution: What We Know
You may want to see also
The Twenty-seventh Amendment concerns congressional pay
The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The Twenty-seventh Amendment, concerning congressional pay, is among the most recent additions to the Constitution, ratified on May 7, 1992.
The Twenty-seventh Amendment, or the "Congressional Pay Amendment," addresses concerns about potential abuse of power by Members of Congress in setting their salaries. It stipulates that no law varying the compensation for Senators and Representatives shall take effect until after the next election. In other words, it prevents Members of Congress from increasing their pay during their current term and allows the public to hold them accountable at the polls before any salary changes take effect.
The history of the Twenty-seventh Amendment is quite unique. It was first proposed in 1789, along with several other amendments. While the other amendments were ratified within a few years and became the Bill of Rights, the Twenty-seventh Amendment lay dormant for over 200 years. During this time, only six states had ratified the amendment by 1792, with a few additional states ratifying it sporadically over the next century, often in protest against unpopular Congressional pay raises.
In 1982, the amendment was brought back into the public consciousness by Gregory Watson, a student at the University of Texas at Austin. Watson wrote a paper arguing that the amendment could still be ratified and launched a nationwide campaign to that effect. From the mid-1980s to the early 1990s, more than 30 states ratified the amendment, responding to public opposition to Congressional pay increases. Finally, on May 7, 1992, Michigan became the thirty-eighth state to ratify the amendment, making it the Twenty-seventh Amendment to the Constitution.
Since its ratification, the Twenty-seventh Amendment has faced little litigation. Federal courts have determined that it does not impact cost-of-living adjustments issued by Congress, as these adjustments are designed to meet cost-of-living requirements. However, it remains a significant addition to the Constitution, addressing concerns about Congressional power and accountability.
Amending the Constitution: Who Has the Power?
You may want to see also
Frequently asked questions
There have been 27 amendments to the US Constitution, with the first 10 being ratified on December 15, 1791, and known as the Bill of Rights.
Article Five of the US Constitution outlines a two-step process for making changes. Amendments must be proposed and ratified before becoming operative. An amendment can be proposed by a two-thirds majority in both the Senate and House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. For an amendment to be ratified, three-fourths of the states must approve it.
The first 10 amendments, collectively known as the Bill of Rights, are considered fundamental to the Constitution. The Ninth Amendment states that citizens have rights beyond those explicitly mentioned, while the Tenth Amendment limits the powers of the federal government to those delegated in the Constitution. The Reconstruction Amendments (the 13th, 14th, and 15th) are also significant, addressing issues related to the Civil War and its aftermath.
Amendments are necessary to ensure that the Constitution remains adaptable to changing circumstances and societal needs. They allow for the correction of oversights, the clarification of rights, and the resolution of disputes between states and the federal government.
The process involves Congress, state legislatures, and citizens. Congress proposes amendments, and state legislatures ratify them. Citizens also play a role by electing representatives who reflect their views on potential amendments. Additionally, citizens can influence the process through lobbying, petitioning, and participating in public debates surrounding constitutional changes.
