Malcolm Rivera
The United States Constitution has been amended 27 times since it was enacted on March 4, 1789. The process of amending the Constitution begins with a proposal by a two-thirds majority in both houses of Congress or a national convention called by Congress upon the request of two-thirds of state legislatures. These proposals are then sent to the states for ratification, requiring approval by three-fourths of the states to become 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, over two centuries after it was first proposed.
| Characteristics | Values |
|---|---|
| Number of Amendments proposed by the US Congress | 33 |
| Number of Amendments ratified | 27 |
| Number of Amendments proposed by the First Congress of the US in 1789 | 12 |
| Number of Amendments ratified in 1791 | 10 |
| Number of States required for ratification | 38 |
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What You'll Learn
The 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.
Amending the Constitution: Requirements and Process
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Ratification process
The process of ratifying an amendment to the Constitution of the United States is outlined below:
Proposal
An amendment may be proposed by the US Congress when a two-thirds majority in both the Senate and the House of Representatives deem it necessary. Alternatively, a national convention can be called by Congress for this purpose, on the application of the legislatures of two-thirds of the states (34 since 1959). However, this option has never been used. Congress proposes an amendment 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.
Submission to States
The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each Governor, along with informational material prepared by the OFR.
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). Congress determines whether the ratification must be done by the legislatures of three-fourths of the states or by state ratifying conventions in three-fourths of the states. The former method has been used for all amendments except the Twenty-first Amendment, which repealed the Eighteenth Amendment establishing the prohibition of alcohol.
Certification
When 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. 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.
Pending and Rejected Amendments
Six amendments adopted by Congress have not been ratified by the required number of states. Four of those amendments are still pending, one has failed by its terms, and another has failed by the terms of the resolution proposing it. In a few instances, states have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification.
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Amendments pending
Since the Constitution was put into operation on March 4, 1789, the United States Congress has proposed 33 amendments, which have been sent to the states for ratification. Twenty-seven of these, having been ratified by the requisite number of states, are now part of the Constitution.
The process of amending the Constitution involves several steps. Firstly, an amendment must be proposed by either a two-thirds majority in both the Senate and the House of Representatives of Congress, or by a national convention called by Congress upon the request of two-thirds of state legislatures. Once an amendment is proposed, it is 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 states since 1959). This can be achieved through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states.
The first ten amendments, known collectively as the Bill of Rights, were ratified simultaneously on December 15, 1791. These amendments include guarantees of religious freedom, freedom of speech, freedom of the press, the right to peaceful assembly, and the right to keep and bear arms.
Despite the high number of successful amendments, there are currently six amendments that have been adopted by Congress but have not received sufficient ratification by the states. Four of these amendments are still pending, one has failed by its terms, and another has failed by the terms of the resolution that proposed it. This means that while Congress has initiated the amendment process, the proposed changes have not received enough support from the states to become part of the Constitution.
The pending amendments reflect areas where a significant portion of Congress believes changes are necessary, but they have not yet convinced enough states to agree and ratify the amendments. This could be due to several reasons, such as differing political ideologies, state-specific concerns, or the complexity of the issues involved. It is important to note that the amendment process is deliberately challenging, requiring a high threshold of support to ensure that any changes to the Constitution reflect the will of the majority of Americans and protect the rights of all citizens.
Congressional Votes Needed to Ratify Amendments
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Amendments that failed
Since the Bill of Rights was ratified in 1791, 17 amendments have been added to the US Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously. However, there have been several proposed amendments that failed to be ratified. Here are some notable examples:
Corwin Amendment
The Corwin Amendment, proposed by Ohio Representative Thomas Corwin in 1861, guaranteed the right of states to legalise slavery. It was approved by Congress but failed to be ratified by the required three-fourths of all the states. Only two states (and possibly a third) ratified the amendment.
Equal Rights Amendment (ERA)
The ERA was intended to ensure legal equality between men and women. It was sent to the states for ratification in 1972 and had a seven-year deadline, which was later extended to ten years. However, it expired unratified in 1982, failing to gain approval from the required number of states.
District of Columbia Voting Rights Amendment
This amendment was approved by Congress in 1978 but expired unratified in 1985. It aimed to provide representation in Congress for the District of Columbia, but only 16 states ratified it by the expiration date.
Child Labour Amendment
First proposed in 1926, this amendment would have granted Congress the power to regulate the labour of children under 18 years of age. While it has been ratified by 28 states, it has not met the threshold of three-fourths of states required for it to become part of the Constitution.
Amendment to Eliminate the Senate and Presidency
In the 19th century, residents of Potter County, Pennsylvania, petitioned Congress to abolish both the Senate and the Presidency, proposing instead that a three-person tribunal lead the nation. This proposal never made it to the Senate.
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Amendments that repealed others
The US Constitution has 27 amendments, with the first 10 known as the Bill of Rights. Since the Constitution came into operation on March 4, 1789, 33 amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven of those have been ratified by the requisite number of states and are now part of the Constitution. Four of the amendments are still pending, while one is closed and has failed by its own terms, and another is closed and has failed by the terms of the resolution proposing it.
The Twenty-first Amendment is the only amendment that explicitly repeals an earlier one. It repealed the Eighteenth Amendment, which had established the prohibition of alcohol. The Eighteenth Amendment was ratified in 1919, and its repeal was complicated by grassroots politics. The Twenty-first Amendment was ratified in 1933 and is also known as the Repeal of Prohibition.
The Eighteenth Amendment had banned the importation and transportation of intoxicating liquors into any state, territory, or possession of the United States for delivery or use, in violation of the laws thereof. However, as public opposition to the amendment grew, a political movement for its repeal emerged. The Twenty-first Amendment not only repealed the Eighteenth Amendment but also addressed the issue of states' regulatory power over the delivery and use of intoxicating beverages within their borders.
The Supreme Court has clarified the scope and limitations of the Twenty-first Amendment in several cases. For instance, in Craig v. Boren, the Court distinguished two characteristics of state laws permitted by the Amendment that might otherwise have conflicted with the Constitution. Additionally, in Granholm v. Heald, the Court held that the Twenty-first Amendment does not overrule the Dormant Commerce Clause with respect to alcohol sales, requiring states to treat in-state and out-of-state wineries equally.
Amending the Constitution: A Difficult Task
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Frequently asked questions
33 amendments to the Constitution of the United States have been proposed by the US Congress and sent to the states for ratification.
There have been 27 amendments to the Constitution.
The first Congress of the United States proposed 12 amendments to the Constitution on September 25, 1789. Ten of these were ratified on December 15, 1791, and are known as the Bill of Rights.
Six amendments have not been ratified by the required number of states. Four are still pending, one has failed by its own terms, and one has failed by the terms of the resolution proposing it.
An amendment may be proposed by a two-thirds majority in both the Senate and the House of Representatives or by a national convention called by Congress on the application of two-thirds of state legislatures.
