Jonah Patel
The United States Constitution has a two-step process for amendments, which must be proposed and ratified before becoming operative. Amendments can be proposed by a two-thirds majority in both the Senate and House of Representatives, or by a national convention called by two-thirds of state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states. Since 1789, there have been approximately 11,848 proposals to amend the Constitution, with 33 amendments proposed and sent to the states for ratification. Of these, 27 have been ratified by the requisite number of states and are part of the Constitution. Six amendments have been approved by Congress but not ratified by the required number of states. Only one amendment, the 18th Amendment, has been repealed by the states.
| Characteristics | Values |
|---|---|
| Number of amendments to the Constitution of the United States proposed by the United States Congress and sent to the states for ratification | 33 |
| Number of amendments that are part of the Constitution | 27 |
| Number of amendments that have not been ratified by the required number of states | 6 |
| Number of proposals to amend the Constitution introduced in Congress since 1789 (as of January 3, 2019) | 11,848 |
| Average number of amendments proposed during each two-year term of Congress | 200 |
| Number of proposed amendments that have received a vote by either the full House or Senate since 1999 | 20 |
| Last time a proposal gained the necessary two-thirds support in both the House and the Senate for submission to the states | 1978 |
| Number of amendments that have been repealed | 1 |
| Number of amendments that have been subject to repeal talk | 3 |
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What You'll Learn
The process of amending the US Constitution
Amendments can be proposed in two ways. The first method is through a two-thirds majority vote in both the House of Representatives and the Senate, known as a joint resolution. The President does not play a role in this process. The second method is by convening a constitutional convention, called for by two-thirds of the State legislatures. However, in practice, all amendments so far have been proposed by Congress, with none proposed by a constitutional convention.
Once an amendment is proposed by Congress, it is forwarded 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 and publishes the resolution in slip law format, along with an information package for the States.
For an amendment to become part of the Constitution, it must be ratified. Ratification can occur through one of two methods. The first method, which has been used for all amendments except the 21st Amendment, is through ratification by three-fourths of the State legislatures (38 out of 50 States). The second method, used for the 21st Amendment, is through ratification by state ratifying conventions specifically selected for the purpose. The 21st Amendment is unique in that it is the only amendment to repeal a prior amendment, the 18th Amendment, which had established Prohibition.
When an amendment is ratified, the OFR verifies the authenticated ratification documents and drafts a formal proclamation for the Archivist to certify. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete. The signing of the certification has become a ceremonial function attended by dignitaries, including the President in some cases.
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Amendments that have been proposed but not ratified
There have been 27 amendments to the US Constitution, with 33 proposed by the US Congress. Six amendments have been adopted by Congress but have not been ratified by the required number of states. Four of these amendments are still pending, one has failed by its own terms, and one has failed by the terms of the resolution proposing it.
Corwin Amendment
The Corwin Amendment was approved by Congress in 1861, two days before Abraham Lincoln became President. It guaranteed the right of states that legalized slavery to maintain "persons held to labour or service by the laws of said State". While it was ratified by two states (and possibly a third), it was not ratified by three-fourths of all the states, as required by Article Five of the US Constitution.
Equal Rights Amendment
The Equal Rights Amendment sought to guarantee equal legal rights for all American citizens regardless of sex. While it achieved widespread support and was approved by Congress, it fell short of the required number of state ratifications.
This amendment aimed to prohibit any US citizen from accepting titles of nobility from foreign governments. While it was approved by Congress, it did not receive sufficient state ratifications to become part of the Constitution.
Child Labor Amendment
The Child Labor Amendment was proposed to limit the employment of children under a certain age. Despite gaining traction, it ultimately fell short of the required number of state ratifications.
It is worth noting that the process of amending the Constitution is deliberately challenging. Amendments must be properly proposed and ratified before becoming operative. This two-step process is outlined in Article Five of the US Constitution, which emphasizes the need for a two-thirds majority in both the Senate and the House of Representatives or a national convention called by Congress upon the request of two-thirds of the states.
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The rarity of repealing an amendment
The United States Constitution has been amended 27 times since it was enacted in 1789, with the addition of the Bill of Rights, the first 10 amendments, in 1791. The process of amending the Constitution is deliberately challenging, requiring a two-thirds majority in both the Senate and the House of Representatives, or a national convention called by two-thirds of state legislatures. This process was designed to balance the need for change with the stability of the nation's plan of government.
Despite the thousands of proposals to amend the Constitution, only one amendment has ever been repealed—a rarity in the nation's history. The 18th Amendment, which established Prohibition, was ratified in 1919 and prohibited the manufacture, sale, and transportation of intoxicating liquors nationwide. However, by the early 1930s, Prohibition had become unpopular, and Congress passed the 21st Amendment, which included a repeal provision, just before Franklin Roosevelt took office in 1933. This amendment was unique, as it was the only one to be ratified by state ratifying conventions and the only one to repeal a prior amendment.
Additionally, the seven-year deadline imposed by Congress for ratification further complicates the amendment process. This deadline has been affirmed by the Supreme Court, adding another layer of complexity. The combination of these factors makes it challenging to secure the necessary support for repealing an amendment, contributing to the rarity of such occurrences.
While there has been talk of repealing other amendments, such as the 17th Amendment (direct election of Senators) and the 16th Amendment (federal income tax), none have progressed beyond discussions. The Second Amendment, rooted in the English Declaration of Rights, is also highly unlikely to be repealed due to its deep historical roots. The odds of repealing any constitutional amendment are incredibly slim, underscoring the stability and enduring nature of the United States Constitution.
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The 18th Amendment and its repeal
The Eighteenth Amendment to the United States Constitution, which established the prohibition of alcohol, was proposed by Congress on December 18, 1917, and ratified by the requisite number of states on January 16, 1919. The amendment was the result of decades of efforts by the temperance movement, which argued that banning the sale of alcohol would eliminate poverty and other societal problems, such as immoral sexual behavior and violence.
While the Eighteenth Amendment led to a decline in alcohol consumption in the United States, nationwide enforcement of Prohibition proved difficult, particularly in cities. Alcohol smuggling (known as rum-running or bootlegging) and illicit bars (speakeasies) became popular in many areas. In addition, the illegal alcohol production centers grew ties with organized crime organizations, such as the Chicago Outfit under the leadership of mob boss Al Capone.
Public sentiment began to turn against Prohibition during the late 1920s and the Great Depression only hastened its demise, as opponents argued that the ban on alcohol denied jobs to the unemployed and much-needed revenue to the government. In 1932, the Democratic presidential candidate Franklin D. Roosevelt included a plan for repealing the 18th Amendment in his platform, and his victory that November led to the end of Prohibition.
On December 5, 1933, the Eighteenth Amendment was repealed by the Twenty-first Amendment, which allowed prohibition to be maintained at the state and local levels. The Twenty-first Amendment is unique both in the way it was ratified, through state conventions rather than state legislatures, and in its ultimate purpose to repeal a previous addition to the Constitution. The Eighteenth Amendment is the only amendment to the United States Constitution that has been repealed.
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The 27th Amendment
No amendments have been removed from the United States Constitution. However, there have been 27 amendments to the Constitution, with the 27th Amendment, also known as the Congressional Compensation Act of 1789, being the most recent.
The purpose of the 27th Amendment is to reduce corruption in the legislative branch by requiring an election before a congressperson's salary increase takes effect. This allows the public to remove members of Congress from office before their salaries increase. The amendment was proposed in response to concerns that the Constitution did not adequately protect the rights of states and individual citizens.
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Frequently asked questions
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.
27 amendments have been added to the Constitution.
Only one amendment, the 18th Amendment that established Prohibition, was later repealed by the 21st Amendment.
Six amendments have been approved by Congress but never fully ratified by the states.
Article Five of the US Constitution outlines a two-step process for amending the Constitution. Amendments must be properly proposed and ratified before becoming operative.
