Isabella Carter
The United States Constitution has been 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 is currently overseen by the Archivist of the United States. An amendment 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 the 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 was designed to strike a balance between the need for change and inflexibility, ensuring that any changes have a significant impact on the nation and its citizens.
| Characteristics | Values |
|---|---|
| Total number of amendments proposed | 33 |
| Number of amendments that are part of the Constitution | 27 |
| First 10 amendments | Known as the Bill of Rights |
| 13th, 14th, and 15th amendments | Known as the Reconstruction Amendments |
| Number of amendments proposed by constitutional convention | 0 |
| Number of proposals to amend the Constitution introduced in Congress since 1789 | 11,848 (as of January 3, 2019) |
| Average number of proposals during each two-year term of Congress | 200 |
| Minimum number of states required to ratify an amendment | 38 |
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What You'll Learn
The ratification process
Proposal for Amendment
The process begins with the proposal for an amendment, which can be initiated in two ways. Firstly, the U.S. Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This option reflects the desire to make amendments that have strong bipartisan support and represent the interests of a significant portion of the nation. Alternatively, a national convention can be called for by two-thirds of the State legislatures (34 states since 1959). This option has never been utilised, indicating a preference for amendments that arise directly from congressional discussions.
Submission to States for Ratification
Once an amendment is proposed, it is sent to the states for ratification. Congress decides whether the proposed amendment will be ratified by state legislatures or state ratifying conventions, depending on the nature of the amendment and the context in which it is proposed. This decision is crucial as it determines the specific bodies that will consider and vote on the amendment within each state.
State Ratification
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). This requirement ensures that any change to the Constitution reflects a broad consensus across the country and is not solely driven by a small number of states. When a state ratifies a proposed amendment, it sends an original or certified copy of the state's action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this process to the Director of the Federal Register, who examines the ratification documents for facial legal sufficiency and the presence of an authenticating signature.
Certification and Implementation
Once the required number of authenticated ratification documents is received by the Office of the Federal Register (OFR), a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is a ceremonial function often attended by dignitaries, including the President. The certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process has been successfully completed. At this point, the amendment becomes an integral part of the Constitution, influencing the interpretation and application of the nation's laws.
Timeframe for Ratification
Congress has, on several occasions, stipulated a timeframe within which the required number of states must ratify an amendment. According to precedent set by the Supreme Court in Coleman v. Miller (1939), Congress has the authority to set a ratification deadline. In the absence of a specified deadline, an amendment can remain pending indefinitely and may be ratified long after being proposed. This aspect of the process highlights the delicate balance between ensuring thoughtful consideration and preventing unnecessary delays in the amendment process.
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Congress's role
Congress plays a crucial role in amending the U.S. Constitution, as outlined in Article V. This article establishes two methods for proposing amendments: the first method, which has been used for all 33 amendments submitted for ratification, authorises Congress to propose amendments with a two-thirds majority vote in both the House of Representatives and the Senate. This process involves a joint resolution, which does not require presidential approval or signature.
The second method, which has never been used, allows Congress to call a constitutional convention for proposing amendments upon the request of two-thirds of state legislatures. This method reflects the belief that proposals to amend the Constitution should originate in the national legislature, with ratification decided by state legislatures or conventions. Congress can also determine the ratification method for proposed amendments, choosing between state legislatures and state ratifying conventions.
Once an amendment is proposed, Congress plays a role in the ratification process. After an amendment is ratified by three-fourths of the states (38 out of 50), the Archivist of the United States, in conjunction with the Director of the Federal Register, administers the ratification process. This includes verifying ratification documents and drafting a formal proclamation for the Archivist to certify the amendment's validity. The certification is published in the Federal Register, marking the completion of the amendment process and its official inclusion in the Constitution.
Congress has initiated the amendment process numerous times, with over 10,000 measures proposed. The amendments address various issues, such as restricting the slave trade, levying taxes, and ensuring equal suffrage in the Senate. The process ensures a balance between the stability of the Constitution and the ability to make necessary changes.
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State legislatures
The U.S. Constitution has been amended 27 times, with the authority to do so derived from Article V of the Constitution. This article outlines two methods for proposing amendments: the first method, which has been used for all amendments thus far, requires a two-thirds majority vote in both the House and Senate.
The second method, which has never been used, is for Congress to call a convention for proposing amendments upon the request of two-thirds of state legislatures. This method, known as the convention option, was intended to enable state legislatures to have a say in the amendment process and act as a check on the national authority.
While the convention option has not been used at the national level, it has been used in some states. For example, Rhode Island's 1986 convention submitted 14 amendments to voters, 8 of which were approved. Conventions are typically called by state legislators, who must approve a convention referendum, and in most cases, a majority legislative vote is required.
State constitutions are generally easier to modify than the U.S. Constitution, and they have been amended around 7,000 times. The frequency of amendments varies by state, with some states amending their constitutions multiple times per year, while others may only amend them once every few years.
In addition to conventions, there are other methods for amending state constitutions, including initiatives, commissions, and citizen proposals. For example, Florida is unique in allowing constitutional commissions to submit amendments directly to voters, bypassing the legislature.
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The Bill of Rights
The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and the Magna Carta (1215). The Ninth Amendment states that just because a right has not been listed in the Bill of Rights does not mean that it does not exist.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments must be properly proposed and ratified before becoming operative. This process was designed to strike a balance between the excesses of constant change and inflexibility. An amendment may be proposed and sent to the states for ratification by either the U.S. Congress, whenever a two-thirds majority in both the Senate and the House of Representatives deem it necessary; or a national convention called by Congress for this purpose, on the application of the legislatures of two-thirds of the states. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
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The Reconstruction Amendments
The Thirteenth 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, stating that "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 Fourteenth Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. It changed a portion of Article I, Section 2, 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". The Fourteenth Amendment also includes provisions for due process of law and the apportionment of representatives based on the whole number of persons in each state.
The Fifteenth Amendment, proposed in 1869 and ratified in 1870, 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 the third and final Reconstruction Amendment and was an important step in protecting the voting rights of African Americans.
While the Reconstruction Amendments were significant in granting civil and political rights to formerly enslaved individuals, 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 such as Brown v. Board of Education in 1954, and legislation like the Civil Rights Act of 1964 and the Voting Rights Act of 1965, that the full benefits of these amendments were realized.
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Frequently asked questions
The procedure for amending the Constitution is outlined in Article V and is currently overseen by the Archivist of the United States. A proposal for an amendment must be adopted by two-thirds of both houses of Congress or by a national convention requested by two-thirds of state legislatures. The proposal is then sent to the Office of Federal Register, which submits it to the states. A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states.
The US Constitution was written "to endure for ages to come". To ensure its longevity, the framers made it a challenging process to amend the document. The amendment process is time-consuming and has only been amended 27 times since 1787.
The first 10 amendments, ratified in 1791, are known as the Bill of Rights. The 13th, 14th, and 15th amendments are the Reconstruction Amendments, which were added after the Civil War. The 15th Amendment prohibits the use of race, colour, or previous servitude conditions in determining voting rights. The 16th Amendment expanded federal taxing and spending power by removing constraints on Congress's power to lay and collect income taxes.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), administers the ratification process. The Archivist has delegated duties to the Director of the Federal Register, who examines ratification documents and maintains their custody. Congress decides the method of ratification, and the states ultimately ratify the proposed amendments.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789. Members of the House and Senate propose around 200 amendments during each two-year term of Congress. Despite these frequent attempts, none of the recent proposals have become part of the Constitution.
