Isabella Carter
The U.S. Constitution, composed of the Preamble, seven articles, and 27 amendments, is the oldest written national constitution still in use. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. Since then, 11,848 proposals to amend the Constitution have been introduced in Congress, with members of the House and Senate typically proposing around 200 amendments during each two-year term of Congress. This article will explore the process of amending the U.S. Constitution, the history of the Bill of Rights, and the impact of amendments on the country's legal landscape.
| Characteristics | Values |
|---|---|
| Total number of amendments | 27 |
| Number of ratified amendments | 27 |
| Number of unratified amendments | 6 |
| Number of amendments pending | 4 |
| Number of amendments that failed | 2 |
| Number of amendments in the Bill of Rights | 10 |
| Number of proposals to amend the Constitution introduced in Congress since 1789 (as of January 3, 2019) | 11,848 |
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What You'll Learn
The US Constitution has 27 amendments
The US Constitution is the oldest written national constitution still in use and forms the fundamental law of the country's federal system of government. It defines the principal organs of government and their jurisdictions, as well as the basic rights of citizens. Beginning with the words "We the People", the US Constitution is composed of the Preamble, seven articles, and 27 amendments.
The process of amending the US Constitution is detailed in Article Five of the document. Amendments must be properly proposed and ratified before becoming operative. This can be done through a two-thirds majority vote 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. This second option has never been used. Once an amendment is sent to the states for ratification, the Archivist of the United States administers the process. After proper ratification, the archivist issues a certificate proclaiming the amendment as an operative part of the Constitution.
The first 10 amendments to the Constitution, known as the Bill of Rights, were ratified on December 15, 1791. These amendments were proposed in 1789, after the Constitution had been ratified by nine states, as a concession to those who felt that a Bill of Rights was necessary. The remaining 17 amendments were added over the course of the following centuries, with the most recent, the 27th Amendment, being ratified in 1992.
The US Constitution has been a dynamic document, evolving through amendments to address the needs and changing circumstances of the nation. Since 1789, there have been approximately 11,848 proposals to amend the Constitution, with members of the House and Senate typically proposing around 200 amendments during each two-year term of Congress.
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The first 10 are the Bill of Rights
The United States Constitution has 27 amendments, and the first 10 of these are collectively known as the Bill of Rights. This group of amendments plays a fundamental role in safeguarding the basic rights and liberties of American citizens. Drafted by James Madison, the Bill of Rights was proposed by Congress in 1789 and swiftly adopted by the states, becoming an integral part of the Constitution by 1791.
The Bill of Rights was a direct response to the demands of Anti-Federalists, who had argued during the Constitutional debates that a bill of rights was essential to protect individual freedoms from potential government overreach. These first 10 amendments set clear limits on the powers of the federal government, reserving specific rights for the states and the people. They also provide a framework for the interpretation and application of laws, ensuring that the government respects the freedoms and rights of its citizens.
The First Amendment is perhaps the most well-known and guarantees freedom of religion, speech, press, assembly, and petition. This amendment has been pivotal in shaping American society, fostering a culture of free expression and open debate. The Second Amendment protects the right of the people to keep and bear arms, reflecting the importance placed on self-defense and the founding principles of a citizen militia.
The Third and Fourth Amendments deal with the quartering of soldiers and protection against unreasonable searches and seizures, respectively. These amendments safeguard personal privacy and property rights, ensuring that citizens are secure in their homes and possessions. The Fifth Amendment is significant for its guarantee of due process, protection against self-incrimination, and the right to just compensation for private property taken for public use.
The remaining amendments in the Bill of Rights cover a range of important issues. They include the right to a speedy trial by an impartial jury (Sixth Amendment), the principles of federal juror selection (Seventh Amendment), protections against excessive bail, cruel and unusual punishments (Eighth Amendment), and the explicit statement that powers not delegated to the federal government are reserved for the states or the people (Tenth Amendment).
Together, these first 10 amendments form the foundation of American civil liberties and have had a profound impact on the development of US law and society. They continue to shape legal interpretations and guide policy decisions, ensuring that the freedoms and rights of individuals are protected and respected. The Bill of Rights stands as a testament to the enduring values of liberty, democracy, and limited government upon which the nation was built.
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Amendments must be proposed and ratified
The process of amending the US Constitution is a complex and lengthy one. The US Constitution has 27 amendments, with the first 10 being ratified in 1791 and known as the Bill of Rights. The authority to make amendments stems from Article V of the Constitution.
Amendments can be proposed in two ways. The first is through a two-thirds majority vote in both the House of Representatives and the Senate, a process that has been used for all 27 amendments so far. The second method is by a constitutional convention called for by two-thirds of the state legislatures, although this has never happened. When an amendment is proposed by Congress, it is done so in the form of a joint resolution, which does not require the signature or approval of the President.
Once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for overseeing the ratification process. The Archivist works with the Director of the Federal Register, following procedures established by the Secretary of State and the Administrator of General Services. The proposed amendment is then submitted to the states for ratification.
For an amendment to become part of the Constitution, it must be ratified by three-fourths (38 out of 50) of the state legislatures. When a state ratifies an amendment, it sends an original or certified copy of the action to the Archivist, who forwards it to the Director of the Federal Register. The Director examines the ratification documents for authenticity and legal sufficiency. Once the required number of ratified documents is received, the Archivist certifies the amendment as valid, and it becomes part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice of the completion of the amendment process.
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Congress governs the amendment process
The US Constitution has 27 amendments, the first 10 of which are known as the Bill of Rights. The authority to amend the Constitution is derived from Article V of the Constitution. The process is governed by Congress, which proposes an amendment in the form of a joint resolution.
The original document 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. It also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, copies in slip law format, and the statutory procedure for ratification under 1 U.S.C. 106b.
The Archivist of the United States, who heads NARA, submits the proposed amendment to the states for their consideration by sending a letter of notification to each governor along with the informational material prepared by the OFR. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is immediately conveyed to the Director of the Federal Register.
The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to Congress and the nation that the amendment process has been completed.
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There have been 11,848+ proposals
The US Constitution is the oldest written national constitution still in use. It defines the principal organs of government and their jurisdictions, as well as the basic rights of citizens. The US Constitution has 27 amendments, beginning with the Bill of Rights, which consists of the first 10 amendments.
Since 1789, there have been approximately 11,848+ proposals to amend the Constitution introduced in Congress. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress. However, most of these proposals die in 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 process of amending the Constitution is governed by Article Five of the United States Constitution, which outlines a two-step process. Amendments must be properly proposed and ratified before becoming operative. An amendment may be proposed by either 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 an amendment is proposed, it is sent to the states for ratification. The Archivist of the United States is responsible for administering the ratification process. After an amendment is properly ratified, the archivist issues a certificate proclaiming that it has become an operative part of the Constitution.
The last time a proposal gained the necessary two-thirds support in both the House and the Senate for submission to the states was in 1978, for the District of Columbia Voting Rights Amendment.
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Frequently asked questions
There are 27 amendments to the US Constitution.
Amendments must be proposed and ratified before becoming operative. The US Congress proposes amendments with a two-thirds majority in the Senate and House of Representatives, or a national convention called by Congress on the application of two-thirds of state legislatures. Once an amendment is sent to the states for ratification, the Archivist of the United States administers the process. After proper ratification, the Archivist issues a certificate proclaiming the amendment as part of the Constitution.
The first 10 amendments, known as the Bill of Rights, were ratified in 1791. The 18th Amendment prohibited the transportation and importation of intoxicating liquors. The 22nd Amendment limits the President to two terms in office.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789. Members of the House and Senate collectively propose around 200 amendments during each two-year term of Congress.
Amendments are added to the Constitution to address changes in society and ensure the document remains relevant. The basic purpose is to amend, repeal, or add supplementary provisions to the existing Constitution.
