Eleanor Finch
The United States Constitution has been formally amended 27 times since it was drafted in 1787, with the first 10 amendments, known as the Bill of Rights, being ratified in 1791. The process of amending the Constitution is outlined in Article V of the Constitution and requires a proposal by a two-thirds majority in Congress or a national convention called by two-thirds of state legislatures. While there have been approximately 11,848 proposals to amend the Constitution since 1789, the formal amendment process is deliberately difficult and time-consuming, with none of the recent proposals gaining enough support. This raises the question of whether there have been any informal amendments to the Constitution and how they may have come about.
| Characteristics | Values |
|---|---|
| Number of times the US Constitution has been amended | 27 times |
| Number of proposals to amend the Constitution | ~11,848 |
| Number of amendments proposed by Congress | 33 |
| Number of amendments ratified | 27 |
| Number of amendments pending ratification | 4 |
| Number of amendments that failed ratification | 2 |
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment process | Two-step process involving proposal and ratification |
| Proposal method | 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 |
| Ratification method | Ratification by three-fourths of the state legislatures |
| Role of the Archivist of the United States | Administering the ratification process and issuing certificates for ratified amendments |
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What You'll Learn
The US Constitution amendment process
The US Constitution has been amended 27 times since it was first drafted in 1787. The process of amending the Constitution is outlined in Article Five of the US Constitution and is a two-step process. Firstly, an amendment must be proposed, and secondly, it must be ratified.
An amendment can be proposed in two ways. Firstly, the US Congress can propose an amendment with a two-thirds majority vote in both the Senate and the House of Representatives. The Congress proposes an amendment in the form of a joint resolution, which is then sent directly to the National Archives and Records Administration (NARA) Office of the Federal Register (OFR) for processing and publication. The second method is that a national convention can be called for by two-thirds of state legislatures (34 since 1959). However, this method has never been used.
Once an amendment has been proposed, it is sent to the states for ratification. The Archivist of the United States, who heads the NARA, is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each state governor along with informational material. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 since 1959). Once an amendment is ratified, the Archivist issues a certificate proclaiming that it has become an operative part of the Constitution.
Since the early 20th century, Congress has occasionally stipulated a deadline for ratification, requiring that an amendment be ratified by the required number of states within seven years of its submission to the states. Congress's authority to set a ratification deadline was affirmed by the Supreme Court in 1939.
The process of amending the Constitution was designed to be difficult to strike a balance between constant change and inflexibility. 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. However, none of the recent proposals have become part of the Constitution.
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Amendments proposed by Congress
The US Constitution has been amended 27 times since it was drafted in 1787, with approximately 11,848 proposals to amend it introduced in Congress since 1789 (as of January 3, 2019). The authority to amend the Constitution is derived from Article V of the Constitution, which outlines a two-step process for proposing and ratifying amendments.
Congress proposes amendments in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in this process, and the joint resolution does not require their signature or approval. Once passed by Congress, the proposed amendment is sent to the states for ratification.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist's role is primarily procedural, and they delegate many duties to the Director of the Federal Register. The Archivist submits the proposed amendment to the states by sending a letter of notification to each state governor, along with informational material.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 states since 1959). This can be achieved through the legislatures of three-fourths of the states or a state-called convention, as specified by Congress. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who then forwards it to the Director of the Federal Register for examination and acknowledgment.
Once an amendment is properly ratified, the Archivist issues a certificate proclaiming it as an operative part of the Constitution. Congress has, on several occasions, stipulated a ratification deadline, usually within seven years from the submission date. The Supreme Court affirmed Congress's authority to set such deadlines in the 1939 Coleman v. Miller case.
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Amendments proposed by a national convention
The US Constitution has a two-step process for amendments, as outlined in Article Five. Amendments must be proposed and ratified before becoming operative. This can be done in two ways: by a two-thirds majority vote in both the House of Representatives and the Senate, or by a national convention called for by two-thirds of state legislatures.
The second method, a national convention, has never been used. However, states have requested that Congress convene an Article V convention to propose amendments on various subjects. Congress has never officially tabulated these applications, but it is believed that at least 30 states had requested a convention for a balanced budget amendment by 1981.
Some scholars argue that this method could be used to pressure Congress into proposing an amendment on a particular matter. Alexander Hamilton, for example, wrote in the Federalist Papers that Congress would be obliged to call a convention if two-thirds of the states applied for one.
There is some concern about the convention method, as it cannot be limited to a single subject. This has led to some states rescinding their applications, and only 19 states had passed an application for a Convention of States as of 2025.
Despite the potential for a national convention to propose amendments, it has not yet been utilised, and all 27 ratified amendments have been proposed by Congress.
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The Archivist's role in the amendment process
The Archivist of the United States plays a crucial role in the amendment process as outlined by Article V of the Constitution. The Archivist, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. This involves coordinating with the Director of the Federal Register to ensure the smooth progression of the amendment process.
One of the key duties of the Archivist is to submit the proposed amendment to the States for their consideration. This is done by sending a letter of notification to each Governor, along with informational material prepared by the Office of the Federal Register (OFR). The Archivist acts as a conduit for communication between the federal and state levels during the amendment process.
Once a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. The Archivist then conveys this information to the Director of the Federal Register for examination and custody. The OFR plays a supporting role by verifying the facial legal sufficiency and authenticity of the ratification documents.
When the OFR confirms that the required number of authenticated ratification documents has been received, the Archivist's role becomes even more significant. The Archivist certifies that the amendment is valid and has become an operative part of the Constitution by issuing a formal proclamation. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
The Archivist's role is not limited to procedural tasks; they also uphold the integrity of the constitutional amendment process. This includes ensuring that changes to the Constitution are carried out in accordance with the law and following established legal processes and decisions. The Archivist's certification of the facial legal sufficiency of ratification documents is considered final and conclusive.
In the case of the 27th Amendment, the Archivist's actions were somewhat controversial due to the lengthy time gap between the amendment's proposal and ratification. This exception highlighted the importance of the Archivist's role in managing the constitutional amending process and navigating unique circumstances that may arise during the process.
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The number of amendments to the Constitution
The US Constitution has 27 amendments, the first ten of which were ratified simultaneously on December 15, 1791, and are collectively known as the Bill of Rights. The 13th, 14th, and 15th amendments are known as the Reconstruction Amendments.
The US Constitution has been amended many times since it was first enacted. The process of amending the Constitution is outlined in Article Five of the Constitution, which details a two-step process for making changes. An amendment can be proposed by a two-thirds majority 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. Once proposed, an amendment must be ratified by three-fourths of the states (38 states) to become part of the Constitution.
Since 1789, there have been approximately 11,848 proposals to amend the Constitution introduced in Congress. Members of the House and Senate collectively propose around 200 amendments during each two-year term of Congress. However, most of these proposals do not make it out of the congressional committees to which they are assigned. Since 1999, only about 20 proposed amendments have received a vote by either the full House or Senate.
The last time an amendment proposal gained the necessary two-thirds support in both the House and the Senate for submission to the states was in 1978, with the District of Columbia Voting Rights Amendment. Thirty-three amendments have been proposed by Congress and sent to the states for ratification, but only 27 have been successfully ratified and become part of the Constitution. Six amendments have not been ratified by the required number of states, four of which are still pending.
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Frequently asked questions
There have been 27 amendments to the US Constitution since it was drafted in 1787.
The authority to amend the Constitution comes from Article V of the Constitution. Amendments must be proposed and ratified before becoming operative. The proposal must be passed by a two-thirds majority in both houses of Congress, then ratified by three-fourths of state legislatures.
No, all amendments to the US Constitution have followed the formal process outlined in Article V. However, there have been approximately 11,848 proposals to amend the Constitution since 1789, with none in recent decades being successful.
The Archivist of the United States is responsible for administering the ratification process when an amendment is proposed. The Archivist submits the proposed amendment to the states for their consideration and, upon ratification, issues a certificate proclaiming that the amendment has become an operative part of the Constitution.
