Malcolm Rivera
The United States Constitution has been amended 27 times, beginning with the Bill of Rights, the first 10 amendments, which were ratified on December 15, 1791. The process of amending the Constitution is detailed in Article Five of the United States Constitution, which outlines a two-step process requiring proper proposal and ratification before an amendment becomes operative. Since the Constitution was put into operation on March 4, 1789, 33 amendments have been proposed by the United States Congress and sent to the states for ratification. The process of amending the Constitution involves a careful balance between the need for change and the importance of stability in the nation's plan of government.
| Characteristics | Values |
|---|---|
| Total number of amendments proposed by the US Congress | 33 |
| Number of amendments ratified | 27 |
| Number of amendments pending ratification | 4 |
| Number of amendments that failed ratification | 2 |
| First 10 amendments | Ratified December 15, 1791 |
| First Amendment | 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 |
| Eleventh Amendment | Passed by Congress March 4, 1794. Ratified February 7, 1795 |
| Twenty-first Amendment | Repealed the eleventh amendment |
| Latest Amendment | Ratified March 29, 1961 |
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What You'll Learn
The process of amending the constitution
The United States Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The process of amending the Constitution is outlined in Article Five of the Constitution and consists of two steps: proposing and ratifying an amendment. This process aims to balance the need for change with the stability of the nation's plan of government.
An amendment can be proposed in two ways. Firstly, it can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Secondly, it can be proposed by a national convention called for by two-thirds of the state legislatures (34 since 1959). However, this latter option has never been used.
Once an amendment is proposed, 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. The Archivist has delegated many duties associated with this function to the Director of the Federal Register, who follows procedures established by the Secretary of State and the Administrator of General Services.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 since 1959). Congress has stipulated that this ratification must occur within seven years of the amendment being submitted to the states. Once an amendment is properly ratified, the Archivist issues a certificate proclaiming that it has become an operative part of the Constitution.
The amendment process is challenging and time-consuming. It requires a two-thirds majority in both houses of Congress and ratification by a significant number of states. This process ensures that any changes to the Constitution are carefully considered and have a significant impact on the nation.
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The Bill of Rights
The US Constitution has been amended 27 times, beginning with the Bill of Rights, which comprises the first 10 amendments. These amendments were ratified on December 15, 1791, and form what is known as the "Bill of Rights".
The first ten amendments 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.
- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
- No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
- In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.
- In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
- Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
- The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
- The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
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Amendments 11-27
The US Constitution has 27 amendments, the first 10 of which are collectively known as the Bill of Rights. Amendments 11-27 are as follows:
Amendment XI
Passed by Congress on March 4, 1794, and ratified on February 7, 1795, Amendment XI modified Article III, Section 2 of the Constitution. It established the legal doctrine of "sovereign immunity", which protects government entities or officers from being sued over the performance of their duties.
Amendment XII
Adopted in 1804, Amendment XII revised the procedures for using the Electoral College to elect the President and Vice-President.
Amendment XIII, XIV, and XV
These amendments are collectively known as the Reconstruction Amendments.
Amendment XVIII
This amendment, ratified in 1933, repealed the 1920 amendment that imposed Prohibition. It returned to the states the power to set their own alcohol regulations.
Amendment XX
No person shall be elected President more than twice, and no person who has held the office of President for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once.
Amendment XXIII
Passed by Congress on August 27, 1962, and ratified on January 23, 1964, Amendment XXIII states that the District constituting the seat of the US Government shall appoint a number of electors of President and Vice President.
Amendment XXVII
Proposed in 1789 as part of the original Bill of Rights, Amendment XXVII took over 200 years to be ratified, with Michigan being the final state to announce its ratification in 1992.
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Unsuccessful amendments
The United States Constitution has been amended 27 times since it was enacted in 1789. The process of amending the Constitution is detailed in Article Five, which outlines a two-step process requiring proper proposal and ratification. Amendments must be proposed and sent to the states for ratification, either by a two-thirds majority vote in both the Senate and House of Representatives or by a national convention called by Congress at the request of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 states since 1959).
While there have been 27 successful amendments, there have also been numerous unsuccessful attempts to amend the Constitution. Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789, with members of the House and Senate proposing around 200 amendments during each two-year term of Congress. However, most of these proposals never make it out of the congressional committees to which they are assigned. Since 1999, only about 20 proposed amendments have received a vote by either the full House or Senate.
One notable example of an unsuccessful amendment is the District of Columbia Voting Rights Amendment, proposed in 1978. This amendment sought to grant citizens of Washington DC full representation in Congress, effectively treating the district as a state for the purposes of representation in Congress, the election of the President and Vice President, and Article V of the Constitution. While this amendment gained the necessary two-thirds support in both the House and the Senate for submission to the states, it ultimately failed to be ratified by the required number of states and expired in 1985.
Another unsuccessful amendment relates to the size of the House of Representatives. This amendment proposed that once the House reached 100 members, it should never fall below that number, and the same for 200 members. Given that there are now over 400 members, this amendment would be moot today. Nonetheless, it remains outstanding, having been ratified by ten states, with the last ratification occurring in 1791.
A further example of an unsuccessful amendment is one proposed in 1926, which sought to grant Congress the power to regulate the labour of children under the age of 18. This amendment is still pending, having been ratified by 28 states, with the last ratification occurring in 1937.
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The Reconstruction Amendments
The Thirteenth Amendment, ratified in 1865, abolished slavery and involuntary servitude throughout the United States, except as punishment for a crime. This amendment represented a significant shift from the original Constitution, which had tacitly enshrined slavery through provisions such as the Three-Fifths Compromise. The abolition of slavery was a direct response to the militant demands for equal rights from former slaves themselves, who mobilized through mass meetings, conventions, and petitions to the federal government.
The Fourteenth Amendment, ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. It defines all people born in the United States as citizens and requires due process of law. Thaddeus Stevens, the Republican floor leader in the House of Representatives, played a crucial role in advocating for this amendment. In his speech on June 13, 1866, Stevens expressed his vision for a "perfect republic" where citizens enjoyed equal civil and political rights, secured by a powerful national government. While Stevens believed that the proposed amendment fell short of his ideal, he supported it as a practical step towards equality.
The Fifteenth Amendment, ratified in 1870, prohibits federal and state governments from denying a citizen's right to vote based on race, colour, or previous condition of servitude. This amendment was particularly significant 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 highlighted the importance of protecting the franchise of black men. Despite the passage of these amendments, their promise was eroded by state laws and federal court decisions in the late 19th century, particularly the Jim Crow laws that limited the rights of African Americans.
It was not until the mid-20th century, with landmark Supreme Court decisions such as 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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Frequently asked questions
There have been 27 amendments to the US Constitution.
33 amendments have been proposed, 27 of which have been ratified and are part of the Constitution.
The first 10 amendments are known as the Bill of Rights.
The 13th, 14th, and 15th amendments are collectively known as the Reconstruction Amendments.
Amendments must be proposed and ratified before becoming operative. They can be proposed by Congress or 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.
