Isabella Carter
The Constitution of the United States has been amended 27 times since it was first put into operation on March 4, 1789. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. Since then, thousands of amendments have been proposed, but only 27 have been ratified by the requisite number of states and are part of the Constitution. This article will explore the process of amending the Constitution and provide an overview of some of the most significant amendments.
| Characteristics | Values |
|---|---|
| Number of amendments proposed | 11,848 (approximately) |
| Number of amendments ratified | 27 |
| Number of amendments proposed but not ratified | 6 |
| Number of amendments pending | 4 |
| Number of amendments failed | 2 |
| First 10 amendments | Ratified in 1791 and known as the Bill of Rights |
| First amendment to be ratified through the method of being ratified by three-fourths of the states | Twenty-first Amendment in 1933 |
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What You'll Learn
The process of amending the constitution
The Constitution of the United States has been amended 27 times over the past 200+ years, with 10 of those coming in one go with the Bill of Rights in 1791. The authority to amend the Constitution is derived from Article V of the Constitution, which establishes two methods for proposing amendments.
The first method, which has been used for all 27 amendments, requires both the House and the Senate to propose a constitutional amendment by a two-thirds majority vote. This is done in the form of a joint resolution, which 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, as well as assembling an information package for the States.
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 the state legislatures. This method has been debated by scholars at length.
Once an amendment is proposed, it must be ratified by three-fourths of the States (38 out of 50) to become part of the Constitution. The OFR verifies that it has received the required number of authenticated ratification documents, then drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice that the amendment process is complete. In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President.
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The Bill of Rights
The United States Constitution has had 27 amendments since 1992, when the 27th amendment was ratified, 203 years after it was first proposed. The first ten amendments, known collectively as the Bill of Rights, were ratified on December 15, 1791.
The first three articles of the Bill of Rights are as follows:
- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
- A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
- No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
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The Reconstruction Amendments
The US Constitution has been amended 27 times, with the first 10 amendments being ratified in 1791. The Reconstruction Amendments, also known as the Civil War Amendments, are the Thirteenth, Fourteenth, and Fifteenth Amendments. These were adopted between 1865 and 1870, in the five years immediately following the American Civil War. They were part of the implementation of the Reconstruction of the American South, which aimed to transform the United States from a country that was "half slave and half free".
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 amendment was swiftly ratified by all but three Union states: Delaware, New Jersey, and Kentucky.
The Fourteenth Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. It states 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". This amendment changed a portion of Article I, Section 2 of the Constitution.
The Fifteenth Amendment, the last of the Reconstruction Amendments, was proposed in 1869 and ratified on 3 February 1870. It 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 important as, by 1869, voting rights had been restricted in all states to white men. The narrow election of Ulysses S. Grant to the presidency in 1868 convinced Republicans that protecting the franchise of black men was crucial for the party's future.
While these amendments were significant steps towards guaranteeing freedom and civil rights for the formerly enslaved, their promise was eroded by state laws and federal court decisions in the late 19th century. For example, the Slaughter-House Cases in 1873 prevented rights guaranteed under the Fourteenth Amendment from being extended to state law, and Plessy v. Ferguson in 1896 originated the "separate but equal" doctrine, giving federal approval to Jim Crow laws that limited the rights of African Americans. It was not until the Supreme Court decision in Brown v. Board of Education in 1954, as well as the Civil Rights Act of 1964 and the Voting Rights Act of 1965, that the full benefits of the Reconstruction Amendments were realized.
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The ratification deadline
The process of amending the US Constitution involves proposing and ratifying amendments. Since 1789, over 11,000 proposals to amend the Constitution have been introduced in Congress, with members of the House and Senate collectively proposing around 200 amendments during each two-year term of Congress. However, only 27 amendments have been successfully ratified and incorporated into the Constitution.
The process of ratification is crucial for an amendment to become part of the Constitution. According to the requirements, an amendment must be ratified by three-fourths of the states (38 states since 1959). This can be achieved through one of two methods: ratification by the legislatures of three-fourths of the states or via state ratifying conventions in three-fourths of the states.
To ensure a timely amendment process, Congress has stipulated that amendments must be ratified within a specified timeframe. Since the early 20th century, Congress has asserted that a seven-year ratification deadline applies to amendments, as affirmed by the Supreme Court of the United States in Coleman v. Miller (1939). This deadline serves to prevent amendments from remaining pending indefinitely and allows for a more efficient process of constitutional reform.
The seven-year ratification deadline has been an important factor in the amendment process. For instance, the Twenty-first Amendment, ratified in 1933, is notable for being the only amendment to have explicitly repealed a prior one, the Eighteenth Amendment (ratified in 1919), which established the prohibition of alcohol. By adhering to the ratification deadline, amendments can be effectively integrated into the Constitution, ensuring that the document remains responsive to the evolving needs of the nation.
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The 18th and 21st Amendments
The 18th Amendment to the U.S. Constitution prohibited the manufacture, sale, transportation, or importation of "intoxicating liquors" for "beverage purposes" within the United States. It was passed by Congress and ratified in 1919, imposing a nationwide prohibition on alcohol. This amendment was a significant turning point in American history, as it represented an attempt to improve society's morals and health by eliminating the negative social impacts associated with alcohol consumption.
However, the 18th Amendment also had unintended consequences. It led to a rise in organised crime and illegal alcohol production, as people continued to demand and consume alcohol despite the prohibition. The amendment also resulted in a significant loss of tax revenue for the government, as the production and sale of alcohol were no longer taxed. Recognising the negative impact of the 18th Amendment, Congress proposed its repeal in February 1933.
The 21st Amendment, which repealed the 18th Amendment, was passed by Congress on February 20, 1933, and ratified on December 5, 1933. This amendment ended the nationwide prohibition on alcohol and returned the regulation of alcoholic beverages to the states. The 21st Amendment recognised the states' authority to regulate or prohibit alcoholic beverages within their jurisdictions for legitimate purposes, such as health or safety.
The repeal of the 18th Amendment and the passage of the 21st Amendment marked a shift in the federal government's approach to alcohol regulation. It acknowledged the importance of states' rights and the division of power between the federal and state governments. The 21st Amendment continues to shape alcohol-related policies and laws in the United States today, with each state having the authority to determine its own regulations regarding the production, sale, and consumption of alcoholic beverages.
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Frequently asked questions
There have been 27 amendments to the US Constitution.
Since 1789, there have been approximately 11,000+ proposals to amend the Constitution.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 since 1959). This can be done through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. Congress has also enacted statutes governing the constitutional amendment process.
