Eleanor Finch
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 adopted in 1791. The process of amending the Constitution is outlined in Article V of the Constitution and requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. This process is designed to be difficult and time-consuming, ensuring that any changes to the Constitution are carefully considered and have a significant impact on the nation.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | The Bill of Rights |
| Amendment Process | 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 |
| Ratification | Requires ratification by three-fourths of the States (38 out of 50) |
| Certification | Formal proclamation signed by the Archivist of the United States certifying that the amendment is valid and has become part of the Constitution |
| Difficulty of Amendment Process | Very difficult and time-consuming, requiring supermajorities or special procedures |
| Examples of Amendments | 13th Amendment (abolished slavery), 14th Amendment (citizenship and due process), 16th Amendment (income taxes), 17th Amendment (Senate composition and election) |
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What You'll Learn
The challenging amendment process
The process of amending the US Constitution is deliberately difficult and time-consuming. The framers of the Constitution intended it to "endure for ages to come", and so made it difficult to change. As a result, since it was drafted in 1787, there have only been 27 amendments, the first 10 of which were ratified together as the Bill of Rights in 1791.
The authority to amend the Constitution comes from Article V of the Constitution. 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 state legislatures. No amendment has ever been proposed by constitutional convention. An amendment must then be ratified by three-quarters of the states (38 out of 50) to become part of the Constitution.
The process is challenging and has proved insurmountable for many proposed amendments. For example, in the 1980s, the ERA Amendment did not pass the necessary majority of state legislatures. Similarly, supporters of congressional term limits and a balanced budget amendment were not successful in getting the new amendments they wanted.
The amendment process can also be ceremonial. The certification of an amendment is often witnessed by dignitaries, including the President. For example, President Nixon witnessed the certification of the 26th Amendment.
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Amendments 1-10: The Bill of Rights
The first ten amendments to the US Constitution, known as the Bill of Rights, were ratified on December 15, 1791, by ten of the twelve state legislatures. These amendments were added to the Constitution to address concerns about the limitations of governmental power and to safeguard individual liberty.
The First Amendment prohibits Congress from making laws that infringe on freedom of religion, speech, and the press, or the right to peaceful assembly. The Second Amendment affirms the right of citizens to keep and bear arms, while the Third Amendment states that soldiers cannot be housed in private residences without the owner's consent.
The Fourth Amendment protects citizens' privacy and property from unreasonable government intrusion, requiring warrants for searches and seizures. The Fifth Amendment guarantees due process and the right to a trial by jury. The Sixth Amendment grants accused persons the right to a speedy trial and legal counsel, while the Seventh Amendment covers civil cases and the right to a jury trial.
The Eighth Amendment prohibits excessive bail or cruel and unusual punishments, while the Ninth Amendment states that the listing of rights in the Constitution does not deny or disparage other rights retained by the people. Finally, the Tenth Amendment affirms federalism by stating that powers not delegated to the federal government by the Constitution are reserved for the states or the people.
These amendments were proposed by James Madison, who advocated for checks and balances within the government and believed that power should be derived from the people. The Bill of Rights has been instrumental in shaping American law and safeguarding individual freedoms.
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Amendments 11-27
The 11th Amendment, passed by Congress on March 4, 1794, and ratified on February 7, 1795, modified Article III, Section 2 of the Constitution. It states that the judicial power of the United States does not extend to any suit in law or equity brought against one of the United States by citizens of another state or foreign state.
The 12th Amendment, passed by Congress on December 9, 1803, and ratified on June 15, 1804, superseded a portion of Article II, Section 1 of the Constitution, making significant changes to the presidential election system. It clarified the voting process for electors in the electoral college and established procedures for the House of Representatives to choose the President if no candidate receives a majority of electoral votes.
The 16th Amendment, passed by Congress in 1909 and ratified in 1913, addressed taxation. It granted Congress the power to lay and collect taxes on incomes, regardless of their source, without the need for apportionment among the states. This amendment sparked controversy and has been challenged by citizens who question its ratification and the government's authority to tax incomes.
The 17th Amendment, adopted in 1913, modified Article I, Section 3 of the Constitution by changing the method of selecting senators. It provided that each state's two senators would be elected by the people of that state, replacing the previous system where senators were chosen by the state legislature.
The 19th Amendment, ratified in 1920 after a long women's suffrage movement, guaranteed women's right to vote. It states that the right to vote shall not be denied or abridged by the United States or any state based on sex.
The 20th Amendment, ratified in 1933, established the beginning and ending dates of executive and congressional terms. It set the terms of the President and Vice President to end at noon on January 20th and the terms of Senators and Representatives to end at noon on January 3rd.
The 22nd Amendment, passed by Congress on March 21, 1947, and ratified on February 27, 1951, limited the number of terms a person can serve as President. It states that no person shall be elected to the office of the President more than twice, and those who have served more than two years of another President's term can only be elected once more.
The 26th Amendment, proposed and ratified quickly during the Vietnam War, lowered the voting age from 21 to 18 in national elections. This change addressed the unfairness of young men being eligible for the draft but not having the right to vote.
These amendments (11-27) to the United States Constitution have brought significant changes to the nation's laws and governance, including judicial powers, elections, taxation, suffrage, and presidential terms.
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The role of the Archivist
The Archivist of the United States is the head of the National Archives and Records Administration (NARA) and is appointed by the President of the United States. The Archivist is responsible for administering the ratification process of constitutional amendments. This involves processing and publishing the proposed amendment, which is forwarded directly to NARA's Office of the Federal Register (OFR) by Congress. The OFR then verifies that the required number of authenticated ratification documents has been received (38 out of 50 States) before drafting a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
Archivists play a crucial role in preserving historical records and making them accessible to the public. They work in various institutions, including libraries, museums, government agencies, universities, and non-profits, and are responsible for the preservation and accessibility of a wide range of materials, such as paper documents, photographs, maps, films, and digital records. They collaborate with other professionals, such as archives technicians and conservators, to clean, repair, and preserve historical items.
Archivists also assist researchers, historians, and the general public in navigating collections, answering questions, and locating specific documents. They engage in public outreach to raise awareness of the collections and may organize exhibitions, workshops, or talks. Additionally, they support research by helping historians, scholars, and journalists access primary sources.
In the digital age, archivists face new challenges and ethical considerations. They need strong technical skills to manage digital collections and address issues such as privacy, data security, and the preservation of digital records and social media content. Archivists must also be able to assess the historical value of records, understand their context, and connect them to broader historical themes. Overall, archivists play a vital role in preserving history and making it accessible to current and future generations.
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The role of Congress
The authority to amend the US Constitution is derived from Article V of the Constitution. Congress plays a crucial role in this process, as it is responsible for proposing amendments. When two-thirds of both Houses of Congress deem it necessary, they can propose amendments to the Constitution. These proposals take the form of joint resolutions, which do not require the approval or signature of the President.
Since the founding of the United States, Congress has proposed thirty-three amendments, of which twenty-seven have been ratified by the States and have become part of the Constitution. The first ten amendments, known as the Bill of Rights, were proposed and ratified by Congress. These amendments safeguard certain individual rights from government interference.
Congress has the power to amend specific articles of the Constitution. For example, Amendment XI, passed by Congress in 1794 and ratified in 1795, modified Article III, Section 2 of the Constitution, which pertains to the judicial power of the United States. Similarly, Amendment XII superseded a portion of Article II, Section 1, while Amendment XIII modified Article IV, Section 2, and Amendment XIV altered Article I, Section 2.
In addition to proposing amendments, Congress also plays a role in the ratification process. After an amendment is proposed, it is submitted to the States for ratification. When a State ratifies an amendment, it sends an original or certified copy of the State action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist delegates many of the duties associated with the ratification process to the Director of the Federal Register. Once three-fourths of the States (38 out of 50) have ratified an amendment, it becomes part of the Constitution.
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Frequently asked questions
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text.
The authority to amend the US Constitution is derived from Article V of the Constitution. An amendment may 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. A proposed amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50).
The US Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments were adopted in 1791 as the Bill of Rights.
Here are some examples of US Constitution amendments:
- The 13th Amendment, which superseded a portion of Article IV, Section 2, abolished slavery and involuntary servitude within the United States.
- The 14th Amendment modified Article I, Section 2, defining citizenship and guaranteeing due process and equal protection under the law.
- The 16th Amendment modified Article I, Section 9, granting Congress the power to lay and collect income taxes without regard to census or enumeration.
