Malcolm Rivera
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 on December 15, 1791. The process of amending the Constitution is derived from Article V of the Constitution and involves the proposal of amendments by Congress and their subsequent ratification by the required number of states. The Archivist of the United States is responsible for administering the ratification process, and the final certification of an amendment is published in the Federal Register.
| Characteristics | Values |
|---|---|
| Total number of amendments proposed | 33 |
| Number of amendments ratified | 27 |
| Number of amendments pending | 4 |
| Number of amendments that failed | 2 |
| First 10 amendments | Ratified on December 15, 1791, and form what is known as the "Bill of Rights" |
| Number of amendments in the Bill of Rights | 10 |
| Number of amendments in the Reconstruction Amendments | 3 (13th, 14th, and 15th) |
| Minimum number of states required to ratify an amendment | 38 of 50 States (three-fourths of the States) |
| Time taken to ratify the 27th amendment | 203 years |
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What You'll Learn
The process of amending the US Constitution
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The Director 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 until an amendment is adopted or fails.
A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states). Once the Director verifies that the required number of authenticated ratification documents has been received, a formal proclamation is drafted 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, serving as official notice to Congress and the nation 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. The certification of the 27th Amendment, for example, was witnessed by the Archivist and the Director of the Federal Register. It is important to note that the President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval.
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The Bill of Rights
The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble. They also include explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved for the states or the people. The First Amendment, for example, prohibits Congress from making laws establishing religion or abriding freedom of speech. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant.
The authority to amend the Constitution is derived from Article V of the Constitution. The process of amending the Constitution involves proposing an amendment, which can be done 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. Once an amendment is proposed, the Archivist of the United States administers the ratification process, which involves sending the amendment 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).
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The Reconstruction Amendments
The Thirteenth Amendment abolished slavery and involuntary servitude, except as punishment for a crime. It was passed by the U.S. Senate on April 8, 1864, and, after an unsuccessful vote and legislative maneuvering by the Lincoln administration, it was passed by the House on January 31, 1865. The amendment was swiftly ratified by all but three Union states (Delaware, New Jersey, and Kentucky) and a sufficient number of border states. The Thirteenth Amendment changed a portion of Article IV, Section 2 of the Constitution, stating that neither slavery nor involuntary servitude shall exist within the United States or any place subject to its jurisdiction.
The Fourteenth Amendment addresses citizenship rights and equal protection under the law for all persons. It was proposed by Congress on June 13, 1866, and ratified on July 9, 1868. The amendment changed a portion of Article I, Section 2 of the Constitution. It states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and the state in which they reside. It also prohibits states from making or enforcing any law that abridges the privileges or immunities of US citizens, deprives any person of life, liberty, or property without due process, or denies equal protection of the laws.
The Fifteenth Amendment prohibits the federal and state governments from denying a citizen the right to vote based on "race, color, or previous condition of servitude." It was the last of the Reconstruction Amendments, proposed in 1869 and ratified on February 3, 1870. This amendment was a response to the narrowing of voting rights to white men only in 1869, and the narrow election of Ulysses S. Grant to the presidency in 1868, which convinced Republicans of the importance of protecting the franchise of Black men.
While these amendments were intended to guarantee freedom and civil rights for formerly enslaved people and protect the rights of all US citizens, their promises were eroded by state laws and federal court decisions in the late 19th century, particularly with the passage of Jim Crow laws in some states from 1876 onwards. It was not until the mid-20th century, with Supreme Court decisions like Brown v. Board of Education in 1954, and civil rights legislation like 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 role of the Archivist of the United States
The Constitution of the United States has seen 27 amendments, with 33 proposed by the United States Congress. The Archivist of the United States has a crucial role in the process of amending the Constitution. The Archivist, as the head of the National Archives and Records Administration (NARA), is responsible for administering the ratification process when an amendment is proposed by Congress. The Archivist's duties include submitting proposed amendments to the states for ratification, collecting state ratifications, and certifying amendments as part of the Constitution once a sufficient number of states have ratified them.
The first and, so far, only Archivist to certify a constitutional amendment was Don W. Wilson, who certified the 27th Amendment in 1992. This amendment, first proposed in 1789, limits Congress's ability to change its pay until the next term. The lengthy time between the proposal and ratification of the 27th Amendment led to concerns about its legality, with some members of Congress suggesting the Archivist should seek congressional approval before signing. However, Wilson asserted that the amendment was added to the Constitution by the votes of three-fourths of the states, not his signature.
In addition to their role in the amendment process, the Archivist of the United States has broader responsibilities related to the preservation and management of historical records. The Archivist supervises and directs the National Archives, maintaining custody of significant documents such as joint resolutions, acts of Congress, and electoral college documents from presidential elections. The position of Archivist is a crucial one in ensuring the integrity of the United States' constitutional and historical record.
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Ratification by state legislatures
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be initiated 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. Once a proposal is made, it is sent to the states for ratification.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process under the provisions of 1 U.S.C. § 106b. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register, who follows established procedures and customs. The original document is sent directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the proposal in slip law format, along with an information package for the states.
The governors then formally submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the state legislatures (38 out of 50 states). Once 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.
Since the early 20th century, Congress has occasionally stipulated a deadline for ratification, typically within seven years from the date of submission to the states. This authority was affirmed by the Supreme Court in 1939. In the absence of a deadline, a proposed amendment can remain pending indefinitely and may still be ratified long after being proposed.
To date, there have been 27 amendments to the Constitution, with 33 proposed by Congress and sent to the states for ratification. Six amendments have not been ratified by the required number of states, with four still pending, one closed and failed by its terms, and another closed and failed by the terms of the proposing resolution.
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Frequently asked questions
27 amendments have been added to the US Constitution.
33 amendments have been proposed, 27 of which have been ratified.
The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791.
The 13th, 14th, and 15th amendments are collectively known as the Reconstruction Amendments.
Six amendments have not been ratified by the required number of states.
