Malcolm Rivera
The United States Constitution has a two-step process for amendments, which must be proposed and ratified before becoming operative. Since 1789, there have been over 11,000 proposed amendments, but only 27 have been ratified successfully. The first ten amendments, known as the Bill of Rights, were ratified in 1791, with the remaining 17 amendments being added gradually over the next two centuries.
| Characteristics | Values |
|---|---|
| Number of Amendments Proposed | 11,848 (approx.) |
| Number of Amendments Proposed since 1789 | 33 |
| Number of Amendments Ratified | 27 |
| Number of Amendments Proposed but not Ratified | 6 |
| Number of Amendments Proposed by Congress on September 25, 1789 | 12 |
| Number of Amendments from the above proposal that were Ratified | 10 |
| Date the First 10 Amendments were Ratified | December 15, 1791 |
| Date the 27th Amendment was Ratified | 1992 |
| Date the 18th Amendment was Ratified | December 5, 1933 |
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What You'll Learn
The first 10 amendments, known as the Bill of Rights, were ratified in 1791
The United States Constitution has had 27 successful amendments since it was enacted on March 4, 1789. Approximately 11,848 proposals to amend the Constitution have been submitted to Congress since that date.
The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The Bill of Rights was strongly influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the Petition of Right, and the English Bill of Rights. John Adams and Thomas Jefferson were strong supporters of the idea of a national bill of rights.
The Bill of Rights was proposed by the First Congress of the United States on September 25, 1789, as 12 amendments to the Constitution. Ten of these 12 proposed amendments were ratified by three-fourths of the state legislatures on December 15, 1791. The ratified amendments constitute the first 10 amendments of the Constitution, or the U.S. Bill of Rights.
The first three amendments in 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 process of amending the Constitution
The process of amending the US Constitution is outlined in Article V of the US Constitution. This two-step process is designed to strike a balance between the dangers of constant change and inflexibility.
An amendment can be proposed in two ways. The first and most common way is for two-thirds of both houses of Congress to propose an amendment. The second way is for two-thirds of the states to petition Congress to call a constitutional convention to propose an amendment. This second method has never been used successfully.
Once an amendment is proposed, it must be ratified. Ratification can occur in two ways. The first and most common way is for three-fourths of the state legislatures to approve the amendment. The second way is for three-fourths of the states to approve the amendment at ratifying conventions. Only the 21st Amendment, which repealed Prohibition, was ratified this way.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Thirty-three amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven of these amendments have been ratified by the requisite number of states and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791. The most recent amendment to be ratified was the 27th Amendment in 1992, 203 years after it was first proposed.
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Amendments that have been proposed but not ratified
The process of amending the US Constitution is detailed in Article Five of the US Constitution. Amendments must be properly proposed and ratified before becoming operative. This can be done through a two-step process. Firstly, an amendment may be proposed and sent for ratification by the US Congress, with a two-thirds majority in both the Senate and the House of Representatives. Secondly, to become part of the Constitution, an amendment must be ratified by three-fourths of the states.
Since the Constitution was put into operation on March 4, 1789, 33 amendments have been proposed by the US Congress and sent to the states for ratification. Twenty-seven of these have been ratified and are now part of the Constitution. Six amendments have been proposed but not ratified by the required number of states. Four of those amendments are still pending, one is closed and has failed by its own terms, and one is closed and has failed by the terms of the resolution proposing it.
Some notable amendments that have been proposed but not ratified include:
- The Child Labor Amendment: Proposed in 1924, this amendment sought to prohibit child labour and give Congress the power to enforce uniform laws regarding child labour and divorce across the states.
- The Titles of Nobility Amendment: This amendment, which did not specify a ratification deadline, relates to the acceptance of titles of nobility from foreign governments by US citizens.
- The Corwin Amendment: Approved by Congress in 1861, this amendment guaranteed the right of states to legalise slavery. It was ratified by two states but failed to gain approval from the required three-fourths of all states.
- The District of Columbia Voting Rights Amendment: This amendment was approved by Congress in 1978 but expired unratified in 1985. It sought to give the District of Columbia representation in Congress and the electoral college.
- The Flag Desecration Amendment: This amendment came within one vote of passing the Senate in 2006, after being approved by the House in 2005.
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The first amendment
Thirty-three amendments to the US Constitution have been proposed by the US Congress and sent to the states for ratification since the Constitution was put into operation on March 4, 1789. Twenty-seven of those, having been ratified by the requisite number of states, are part of the Constitution. Six amendments adopted by Congress and sent to the states have not been ratified by the required number of states.
The precise boundaries of the mandated separation between church and state have been adjudicated in ways that periodically created controversy. Speech rights were expanded significantly in a series of 20th- and 21st-century court decisions that protected various forms of speech. These rulings also defined a series of exceptions to First Amendment protections. For example, commercial speech is less protected by the First Amendment than political speech and is therefore subject to greater regulation.
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The 27th amendment
The Twenty-seventh Amendment to the United States Constitution, also known as the Congressional Compensation Act of 1789, addresses the financial compensation of members of Congress. It states that any law varying the salary of senators and representatives shall not take effect until after the next election of representatives has been held. In other words, it ensures that changes to the compensation of members of Congress are only implemented after an election has allowed the public to express their approval or disapproval.
The Twenty-seventh Amendment was one of the first proposed amendments to the Constitution, dating back to June 8, 1789, when Representative James Madison of Virginia introduced it in the House of Representatives. Madison intended for it to be added to Article I, Section 6, Clause 1 of the Constitution, which addresses the compensation of senators and representatives. After deliberation by a committee and debate in the full House, the proposal was passed along with 16 other articles of amendment on August 24, 1789. The Senate made alterations and approved a consolidated package of 12 articles of amendment, including the Twenty-seventh Amendment, on September 9, 1789.
The amendment was then submitted to the states for ratification on September 25, 1789, along with 11 other proposed amendments. While the last ten articles were ratified in 1791 to become the Bill of Rights, the Twenty-seventh Amendment and the Congressional Apportionment Amendment did not receive enough ratifications to come into force at that time. The proposed amendment on congressional pay was initially ratified by seven states through 1792, including Kentucky, but then lay dormant for eighty years until Ohio ratified it in 1873. Wyoming ratified it in 1978, and in 1982, Gregory Watson, a student at the University of Texas at Austin, wrote a paper arguing that the amendment was still "live" and could be ratified. Unsatisfied with the initial grade he received, Watson launched a letter-writing campaign to state legislatures, and his efforts gained traction with Maine and Colorado becoming the first new states to ratify the amendment in response to his campaign.
The Twenty-seventh Amendment finally became part of the United States Constitution on May 5, 1992, or May 7, 1992, according to some sources. Despite being the most recent addition to the Constitution, it has faced little litigation and it is unclear if it has significantly impacted congressional behaviour. The amendment's purpose was to reduce corruption in the legislative branch by giving the public a say in the compensation of their representatives through elections. However, federal courts have determined that it does not apply to cost-of-living adjustments issued by Congress, allowing for fluctuations in salary to meet such requirements.
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Frequently asked questions
27 amendments to the US Constitution have been ratified.
More than 11,000 amendments have been proposed, including the 27 ratified amendments.
The first 10 amendments, known as the Bill of Rights, were ratified in 1791.
Amendments must be proposed and ratified before becoming operative. They can be proposed by a two-thirds majority in both the Senate and House of Representatives or by a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
In several instances since the early 20th century, Congress has stipulated that an amendment must be ratified within seven years of being submitted to the states. In the absence of a deadline, an amendment can be pending indefinitely.
