Eleanor Finch
The United States Constitution has been amended 27 times since it was drafted in 1787, with the first 10 amendments being adopted simultaneously in 1791 and known as the Bill of Rights. Amending the Constitution is a challenging and time-consuming process, requiring a two-thirds majority in both the Senate and the House of Representatives to propose an amendment and a three-fourths ratification by state legislatures. While 33 amendments have been proposed, only 27 have successfully become part of the Constitution. Some amendments have even been superseded or repealed by subsequent amendments, such as the 13th Amendment superseding a portion of Article IV, Section 2, and the 21st Amendment repealing the 18th Amendment.
| Characteristics | Values |
|---|---|
| Number of Amendments proposed by the United States Congress | 33 |
| Number of Amendments ratified | 27 |
| Number of Amendments proposed but not ratified | 6 |
| Number of Amendments pending ratification | 4 |
| Number of Amendments that failed | 2 |
| First 10 Amendments | Ratified December 15, 1791 |
| 13th, 14th, and 15th Amendments | Reconstruction Amendments |
| Number of States required to ratify an Amendment | 38 |
| Time limit for ratification by States | 7 years |
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What You'll Learn
The US Constitution has been amended 27 times since 1787
The US Constitution, which was signed on September 17, 1787, has been amended 27 times. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The process of amending the Constitution is a difficult and time-consuming one. A proposed amendment must be passed by a two-thirds majority in both the Senate and the House of Representatives, and then ratified by three-fourths of the states (38 states since 1959).
The amendments to the Constitution have addressed a range of issues, including the right to free speech, the right to bear arms, the abolition of slavery, and the establishment of Prohibition. The Twenty-first Amendment, ratified in 1933, is the only amendment that explicitly repeals an earlier one, namely the Eighteenth Amendment, which established Prohibition.
Some proposed amendments that have not been ratified include those that would outlaw flag burning, allow voluntary school prayer, make English the official language, and abolish the Electoral College. The amendment process is designed to be challenging, as amendments should only be made for major issues that affect all Americans or secure the rights of citizens.
The US Constitution has been influential globally, with its principles of separation of powers and federalism providing a model for other nations' constitutions. The process of amending the Constitution, while complex, allows for necessary changes to be made to this foundational document.
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Article IV, Section 2 superseded by the 13th Amendment
The United States Constitution has been amended 27 times since its inception on March 4, 1789. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791.
Article IV, Section 2, of the Constitution was superseded by the 13th Amendment, which abolished slavery in the United States. The 13th Amendment states:
> "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
The 13th Amendment was passed by Congress on January 31, 1865, and ratified on December 6, 1865. It should be noted that the Emancipation Proclamation, issued by President Lincoln in 1863, did not end slavery nationwide as it only applied to areas of the Confederacy in a state of rebellion. Recognizing this, Lincoln played an active role in ensuring the passage of the 13th Amendment, which provided a final constitutional solution to the issue of slavery.
The 13th Amendment is part of the Reconstruction Amendments, which also include the 14th and 15th Amendments. Other notable amendments include the 11th Amendment, which modified Article III, Section 2 of the Constitution, and the 16th Amendment, which modified Article I, Section 9, granting Congress the power to collect income taxes.
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Article I, Section 2 modified by the 14th Amendment
The Fourteenth Amendment to the U.S. Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, modified Article I, Section 2. This modification addressed many aspects of citizenship and the rights of citizens.
Before the Fourteenth Amendment, the Enumeration Clause of Article I, Section 2, determined the size of state delegations to the House of Representatives by adding the free population of each state with three-fifths of their enslaved population. However, after the Thirteenth Amendment abolished slavery, Congress wrote Section 2 of the Fourteenth Amendment to reduce state representation based on the proportion of their male citizens aged 21 or older who were denied voting rights.
Section 2 of the Fourteenth Amendment states that "Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed." This section also addresses voting rights, stating that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." It further emphasizes that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."
The Fourteenth Amendment has been the subject of various Supreme Court interpretations. In Minor v. Happersett (1875), the Court interpreted Section 2 as recognizing the voting rights of only male citizens aged 21 or older. On the other hand, in Richardson v. Ramirez (1974), the Court upheld the Constitution of California's felony disenfranchisement provisions, reasoning that Section 2 allows states to punish crimes with a permanent loss of voting rights.
Additionally, the Fourteenth Amendment has been central to landmark cases such as Brown v. Board of Education, Roe v. Wade, Bush v. Gore, Reed v. Reed, and University of California v. Bakke. The phrase "equal protection of the laws" from the amendment has been frequently litigated and has had a significant impact on civil rights and equal protection under the law.
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The first 10 Amendments are the Bill of Rights
The United States Constitution has been amended 27 times, with the first 10 amendments forming what is known as the Bill of Rights. These amendments were ratified on December 15, 1791, and outline specific guarantees of personal freedoms and natural and legal rights.
The Bill of Rights was proposed following the 1787–88 debate over the ratification of the Constitution, addressing objections raised by Anti-Federalists. It was written by James Madison, who introduced the constitutional amendments during his planned congressional run. Madison's amendments were politically expedient, aiming to give the government "its due popularity and stability".
The first ten amendments include the right to freedom of speech, freedom of religion, freedom of the press, and the right to peaceably assemble and petition the government. The Fifth Amendment provides several protections for people accused of crimes, including the right to a grand jury, protection against double jeopardy, and the right against self-incrimination. The Sixth Amendment provides additional protections, such as the right to a speedy and public trial and an impartial jury.
The Ninth Amendment states that the listing of specific rights in the Constitution does not deny other rights retained by the people, while the Tenth Amendment clarifies that the Federal Government only has the powers delegated to it by the Constitution. These amendments were designed to strike a balance between constant change and inflexibility, with the concepts codified in these amendments built upon earlier documents like the Virginia Declaration of Rights, the Northwest Ordinance, the English Bill of Rights, and the Magna Carta.
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Congress has enacted statutes governing the amendment process
Congress has enacted statutes that govern the constitutional amendment process. The process begins with a proposal for an amendment, which can be initiated by Congress or a national convention called by Congress upon the request of two-thirds of state legislatures. Once an amendment is proposed, it is sent to the states for ratification.
When an amendment is proposed by Congress, it is done so in the form of a joint resolution. This resolution does not require the signature or approval of the President. Instead, it 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. They also assemble an information package for the states, which includes formal copies of the joint resolution and the statutory procedure for ratification.
The Archivist of the United States, who heads the NARA, is responsible for administering the ratification process under the provisions of 1 U.S.C. § 106b. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. The procedures and customs followed by the Archivist and the Director are established by the Secretary of State and the Administrator of General Services, who previously performed these duties.
Upon receiving the proposed amendment, each state's governor formally submits it to their state legislature or calls for a convention, depending on Congress's specifications. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50 states). The state sends an original or certified copy of the state action to the Archivist, who then issues a certificate proclaiming that the amendment has become an operative part of the Constitution.
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Frequently asked questions
There have been 27 amendments to the US Constitution since it was drafted in 1787.
The process of amending the US Constitution is a two-step process. First, an amendment must be proposed and sent to the states for ratification by either a two-thirds majority in both the Senate and the House of Representatives or a national convention called by Congress on the application of two-thirds of state legislatures. Second, to become part of the Constitution, an amendment must be ratified by three-fourths of the states.
The most recent amendments to the US Constitution are Amendments 11-27. Amendment 21, which repealed Amendment 18, was passed by Congress on February 20, 1933, and ratified on December 5, 1933.
