Malcolm Rivera
The word amendment appears in the US Constitution, which has been amended 27 times since it was enacted in 1789. The authority to amend the Constitution is derived from Article V, which outlines a two-step process for proposing and ratifying amendments. Amendments can 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 two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50). The process of amending the Constitution aims to balance the need for change with stability.
| Characteristics | Values |
|---|---|
| Number of Amendments to the US Constitution | 27 |
| Number of proposed Amendments | 33 |
| Number of Amendments proposed by constitutional convention | 0 |
| First 10 Amendments | Ratified on December 15, 1791 |
| First Amendment | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. |
| Fourteenth Amendment | All persons born or naturalized in the United States and subject to its jurisdiction are citizens and no state shall deprive any person of life, liberty, or property without due process of law. |
| Article V of the Constitution | Provides authority to amend the Constitution |
| Amendment Process | Proposal and ratification by Congress or a national convention |
| Ratification | Requires three-fourths of the States (38 of 50) |
| Amendment Certification | Signed by dignitaries, including the President in some cases |
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What You'll Learn
The process of amending the US Constitution
Firstly, the US Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal takes the form of a joint resolution, which is then 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.
Secondly, a constitutional convention called for by two-thirds of the State legislatures can propose an amendment. However, this method has never been used in the history of the Constitution.
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. The OFR verifies the receipt of the required number of authenticated ratification documents before drafting a formal proclamation for the Archivist of the United States to certify the amendment's validity. This certification is published in the Federal Register and US Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
The President does not have a constitutional role in the amendment process, but they may witness the certification of amendments, as seen in the cases of Presidents Johnson and Nixon. The Director of the Federal Register also signs the certification as a witness.
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The First Amendment
It is important to note that the First Amendment only applies to state actors, despite a common misconception that it prohibits any entity from limiting free speech. Additionally, the Supreme Court has determined that protection of speech is not absolute.
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The Fourteenth Amendment
Another crucial aspect of the Fourteenth Amendment is its emphasis on representation and voting rights. It states that representatives shall be apportioned among the states according to their respective numbers, counting all persons except untaxed Indians. Additionally, it addresses situations where male citizens over 21 years of age are denied the right to vote or have their voting rights abridged due to rebellion or other crimes. In such cases, the basis of representation shall be reduced proportionally.
Overall, the Fourteenth Amendment played a significant role in extending liberties and rights granted by the Bill of Rights to a wider group of people, particularly those who had been previously marginalised or denied basic rights and protections.
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The Reconstruction Amendments
The 13th Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. It changed a portion of Article IV, Section 2 of the Constitution, and granted Congress the power to enforce this article through appropriate legislation.
The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons born or naturalized in the United States. It changed a portion of Article I, Section 2, and included provisions to prevent the abridgement of privileges or immunities of citizens and to ensure due process of law.
The 15th Amendment, the last of the Reconstruction Amendments, was proposed in 1869 and ratified on February 3, 1870. It prohibits the federal and state governments from denying a citizen the right to vote based on "race, color, or previous condition of servitude." This amendment was important in protecting the franchise of black men and ensuring their political rights.
While these amendments were significant steps towards guaranteeing freedom and civil rights for the formerly enslaved, their promise was eroded by state laws and federal court decisions in the late 19th century. It was not until the mid-20th century, with Supreme Court decisions like Brown v. Board of Education and civil rights legislation, that the full benefits of the Reconstruction Amendments were realized.
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The Twenty-First Amendment
Section 1 of the Twenty-First Amendment expressly repeals the Eighteenth Amendment, while Section 2 bans the importation of alcohol into states and territories that have laws prohibiting the importation or consumption of alcohol. This section has been interpreted to mean that states are ultimately in charge of regulating the sale, manufacture, and transportation of alcohol.
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Frequently asked questions
Yes, the word "amendment" appears in the US Constitution. Article V of the Constitution details the two-step process for amending the nation's plan of government.
There have been 27 amendments to the US Constitution since it was put into operation on March 4, 1789.
The authority to amend the Constitution is derived from Article V of the Constitution. Amendments must be properly proposed and ratified before becoming operative. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. It then becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50 states).
The first 10 amendments, known as the Bill of Rights, were ratified simultaneously. Other examples include the 13th Amendment, which abolished slavery, the 14th Amendment, which granted citizenship rights, and the 21st Amendment, which repealed the 18th Amendment and ended prohibition.
