Malcolm Rivera
The United States Constitution has been amended 27 times since it was first put into operation on March 4, 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. Since then, amendments have been proposed by the US Congress and ratified by three-fourths of the state legislatures. The process is administered by the Archivist of the United States, who issues a certificate when an amendment becomes part of the Constitution.
| Characteristics | Values |
|---|---|
| Number of Amendments proposed by Congress | 33 |
| Number of Amendments ratified | 27 |
| Number of Amendments proposed since 1789 | 11,848 |
| Number of Amendments proposed by a constitutional convention | 0 |
| Number of Amendments pending ratification | 4 |
| Number of Amendments that failed ratification | 2 |
| First 10 Amendments | Ratified December 15, 1791 |
| Number of States required to ratify an Amendment | 38 |
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What You'll Learn
- The first 10 amendments, known as the Bill of Rights, were ratified in 1791
- The 13th, 14th, and 15th Amendments are the Reconstruction Amendments
- Congress proposes amendments, which are sent to states for ratification
- An amendment must be ratified by three-fourths of the states to become law
- The Archivist of the U.S. administers the ratification process
The first 10 amendments, known as the Bill of Rights, were ratified in 1791
The first 10 amendments to the United States Constitution, collectively known as the Bill of Rights, were ratified on December 15, 1791. These amendments were designed to protect the fundamental rights and freedoms of American citizens, and they continue to play a crucial role in shaping the country's legal system and guaranteeing individual liberties.
The Bill of Rights came about as a compromise between the Federalists and the Anti-Federalists during the debates over the ratification of the Constitution. The Anti-Federalists, who were concerned about the potential for a powerful central government to infringe on individual liberties, pushed for a bill of rights to be included in the Constitution. While the Federalists initially opposed this idea, they eventually agreed to add amendments to the Constitution to assuage the concerns of the Anti-Federalists and ensure the ratification of the document.
James Madison, often referred to as the "Father of the Bill of Rights," took on the task of drafting the amendments. He looked to existing state constitutions and the Virginia Declaration of Rights, written by Thomas Jefferson, for inspiration. Madison proposed 17 amendments, and Congress approved 12 of them to be sent to the states for ratification. Ultimately, 10 of those 12 amendments were ratified by the required number of states and became part of the Constitution.
The First Amendment is perhaps the most well-known and guarantees freedom of religion, speech, press, assembly, and petition. The Second Amendment protects the right of the people to keep and bear arms. The Third Amendment prohibits the quartering of soldiers in civilian homes during peacetime without consent. The Fourth Amendment guards against unreasonable searches and seizures, while the Fifth Amendment protects against self-incrimination and guarantees due process of law.
The Sixth Amendment outlines the rights of the accused, including the right to a speedy trial, an impartial jury, and assistance of counsel. The Seventh Amendment guarantees the right to a trial by jury in civil cases, while the Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishments. The Ninth Amendment asserts that the rights not specifically enumerated in the Constitution are retained by the people, and the Tenth Amendment clarifies that powers not delegated to the federal government are reserved for the states or the people.
These amendments have had a profound impact on the development of American law and continue to shape policy and legal debates to this day. They embody the core values of a free and democratic society, ensuring that the rights of citizens are protected from government overreach and that the freedoms we cherish are preserved for future generations.
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The 13th, 14th, and 15th Amendments are the Reconstruction Amendments
The US Constitution has seen 27 amendments since it was enacted in 1789. The first ten amendments, known collectively as the Bill of Rights, were ratified in 1791.
The 13th, 14th, and 15th Amendments, also known as the Reconstruction Amendments, were ratified between 1865 and 1870, in the aftermath of the US Civil War. These amendments were written and ratified by the Republican Party, with the Democrats in opposition. They were essential to reuniting the country during Reconstruction, and their texts built on the president's Emancipation Proclamation, cementing abolitionist values in law.
The 13th Amendment abolished slavery in the entirety of the United States, granting Congress the right to enforce this with appropriate legislation. The 14th Amendment ensured that the Bill of Rights applied to all citizens of the United States, regardless of race, and guaranteed birthright citizenship, due process, and equal protection under the law. It also eliminated the three-fifths rule, punishing states that did not permit male citizens over 21 to vote, and barred those who had engaged in insurrection or rebellion or given aid to enemies of the US from holding public office.
The 15th Amendment secured voting rights for Black men, making it illegal to refuse them the right to vote based on race or previous servitude. While these amendments were significant steps forward, they were not without opposition. The existence of the Reconstruction Amendments led to resentment, animosity, and outright rebellion, and loopholes were sought to circumvent their demands. For example, Southern state legislatures created segregation or Jim Crow laws, and voting restrictions that targeted Black people, such as poll taxes and literacy tests.
To this day, the Reconstruction Amendments remain the subject of controversy and inspiration. While some seek loopholes to disenfranchise people of colour, others view them as providing the basic groundwork for racial justice and equity in the United States.
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Congress proposes amendments, which are sent to states for ratification
The process of amending the United States Constitution is outlined in Article V of the Constitution. Amendments can be proposed either 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 (34 states). Congress will then propose amendments, which are sent to the states for ratification.
Since the Constitution was enacted in 1789, there have been 11,848 proposals to amend it, with approximately 200 amendments proposed during each two-year term of Congress. Despite this, only 33 amendments have been proposed by Congress and sent to the states for 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 can be done through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The Archivist of the United States is responsible for administering the ratification process and issuing a certificate proclaiming that an amendment has become an operative part of the Constitution.
Of the 33 amendments sent to the states for ratification, 27 have been successfully ratified and are now part of the Constitution. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The most recent amendment to be added was the 27th Amendment in 1992, which was proposed in 1789 alongside the Bill of Rights. Six amendments have not been ratified by the required number of states, with four still pending, one closed and failed by its own terms, and another closed and failed by the terms of the resolution proposing it.
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An amendment must be ratified by three-fourths of the states to become law
The process of amending the US Constitution is a complex one, with several steps designed to ensure that any changes made are carefully considered and widely supported. The Constitution has been amended 27 times since it was first enacted, with the first 10 amendments, known collectively as the Bill of Rights, being ratified on December 15, 1791.
An amendment must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. This process is overseen by the Archivist of the United States, who is responsible for administering the ratification process under the provisions of 1 U.S.C. § 106b. The Archivist works closely with the Director of the Federal Register, who examines ratification documents for legal sufficiency and authenticity.
There are two ways in which an amendment can be proposed and sent to the states for ratification. The first is through a two-thirds majority vote in both the House of Representatives and the Senate, which is how all 27 amendments have been proposed so far. The second is through a national convention called for by two-thirds of the state legislatures (34 since 1959), although this method has never been used.
Once an amendment is proposed, it is sent to the states, where 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 as soon as it is ratified by three-fourths of the states, either through their legislatures or state ratifying conventions. The Twenty-first Amendment, ratified in 1933, is the only amendment to be ratified through state conventions.
The ratification process for an amendment can be time-bound, with Congress stipulating that it must be ratified within a certain period, typically seven years, to become part of the Constitution. This authority was affirmed by the Supreme Court in 1939 in Coleman v. Miller (307 U.S. 433). Once an amendment is properly ratified, the Archivist issues a certificate proclaiming it as an operative part of the Constitution.
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The Archivist of the U.S. administers the ratification process
The process of amending the US Constitution is a complex and lengthy one. Since the Constitution was put into operation on March 4, 1789, there have been 27 successful amendments out of 33 that were proposed and sent for ratification. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791.
The Archivist of the United States plays a crucial role in the ratification process. The Archivist is responsible for administering the process and ensuring its integrity. They receive the original document from Congress and forward it to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then prepares an information package for the states, which includes the joint resolution, the statutory procedure for ratification, and other relevant materials.
The Archivist submits the proposed amendment to the states by sending a letter of notification to each governor. The governors then formally submit the amendment to their state legislatures or call for a convention, as specified by Congress. Once a state ratifies the proposed amendment, it sends an original or certified copy of the state action to the Archivist, who forwards it to the Director of the Federal Register for examination and custody.
When an amendment has been ratified by three-fourths of the states (38 out of 50), the OFR drafts a formal proclamation for the Archivist to certify. This certification confirms that the amendment is valid and has become part of the Constitution. It is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete.
The current Archivist of the United States is Dr. Colleen Shogan, who was nominated by President Joe Biden and confirmed by the Senate in May 2023. The Archivist's role is not just ceremonial but also carries significant responsibility in upholding the integrity of the constitutional amendment process and ensuring that any changes to the Constitution are carried out lawfully.
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Frequently asked questions
The first 10 amendments, also known as the Bill of Rights, were added to the Constitution in 1791.
There have been 27 amendments to the Constitution in total.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.
The authority to amend the Constitution comes 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.
