Jonah Patel
The US Constitution has been amended 27 times, with the first 10 amendments forming what is known as the Bill of Rights. These amendments were ratified on December 15, 1791, and cover a range of topics, including freedom of speech, freedom of religion, and the right to bear arms. Since then, there have been numerous proposals to further amend the Constitution, with approximately 11,848 proposals introduced in Congress since 1789. The process of amending the Constitution is a two-step process, with amendments needing to be properly proposed and ratified before becoming operative.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| Number of Amendments in the Bill of Rights | 10 |
| Date of Ratification of the Bill of Rights | December 15, 1791 |
| Number of Proposals to Amend the Constitution since 1789 | Approximately 11,848 |
| Average Number of Proposals during each two-year term of Congress | 200 |
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What You'll Learn
The US Constitution has 27 amendments
The US Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The last amendment to be ratified as part of the Bill of Rights was Article 2, which became the 27th Amendment in 1992, 203 years after it was first proposed.
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 in two ways. Firstly, Congress can propose and send an amendment to the states for ratification if there is a two-thirds majority in both the Senate and the House of Representatives. Secondly, a national convention can be called by Congress for this purpose, upon application from the legislatures of two-thirds of the states. However, this option has never been used.
Since the early 20th century, Congress has occasionally stipulated a ratification deadline, requiring an amendment to be ratified by the required number of states within seven years of its submission. This authority was affirmed by the Supreme Court in 1939.
In total, there have been approximately 11,848 proposals to amend the Constitution since 1789. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress. However, most of these proposals die in congressional committees, and none of the recent proposals have become part of the Constitution.
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The first 10 amendments are the Bill of Rights
The US Constitution has 27 amendments, the first 10 of which are known as the Bill of Rights. These amendments were ratified on December 15, 1791, forming the foundation of American civil liberties.
The Bill of Rights was added to the Constitution because the original document lacked explicit limitations on government power. Federalists supported a strong national government, while Anti-Federalists wanted power to remain with state and local governments, advocating for a bill of rights to protect individual liberty. James Madison, then a member of the US House of Representatives, proposed amendments to address these concerns.
The First Amendment protects freedom of religion, speech, and the press, as well as the right to assemble and petition the government. The Second Amendment guarantees the right to bear arms, and the Third Amendment prohibits the quartering of soldiers in civilian homes without consent. The Fourth Amendment safeguards citizens' privacy and property rights, protecting them from unreasonable searches and seizures.
The Fifth Amendment provides several protections for people accused of crimes, including the right to a grand jury, protection against double jeopardy, and protection against self-incrimination. It also guarantees due process of law and prohibits the taking of property without just compensation. The Sixth Amendment grants accused persons the right to a speedy and public trial, an impartial jury, and the right to confront witnesses and be represented by counsel.
The Seventh Amendment extends the right to a jury trial in federal civil cases, while the Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishment. The Ninth Amendment affirms that the listing of specific rights in the Constitution does not deny or disparage other rights retained by the people. Finally, the Tenth Amendment reserves powers not delegated to the federal government by the Constitution to the states or the people.
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The first Congress proposed 12 amendments
On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. This proposal is known as the Bill of Rights, and it was the first significant challenge to the newly ratified Constitution. The 1789 Joint Resolution of Congress proposing these amendments is on display in the Rotunda in the National Archives Museum.
The Bill of Rights was initially drafted by James Madison, who started with 20 amendments and a separate preamble. The proposal was then extensively debated and revised by the House of Representatives, who approved a version with 17 amendments. The Senate made further extensive revisions, and the final Bill of Rights that emerged had 12 amendments.
The 12 amendments proposed by the First Congress were not all ratified by the states. In fact, only 10 of the proposed 12 amendments were ratified by three-fourths of the state legislatures on December 15, 1791. These 10 amendments constitute the first 10 amendments to the Constitution, or the U.S. Bill of Rights. The first two amendments fell short of approval, and so the original first amendment was never ratified.
The original first amendment stated a formula for determining the size of the House of Representatives based on the population of the United States in 1789. This amendment was not practical for later years, as it would have required that each congressional district contain no more than 50,000 citizens. The original second amendment, which was about determining when Congress could change its pay, became the 27th Amendment when it was ratified in 1992, over 200 years after it was first proposed.
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The Archivist of the US administers the ratification process
The US Constitution has been amended 27 times since its inception, with the first 10 amendments, known as the Bill of Rights, being ratified on December 15, 1791. The process of amending the Constitution is outlined in Article V of the Constitution, which grants Congress the authority to propose amendments. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), plays a crucial role in administering the ratification process.
The process begins with Congress proposing an amendment in the form of a joint resolution. This resolution is then forwarded directly to NARA's 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. An information package is also assembled for the states, which includes formal copies of the joint resolution and the statutory procedure for ratification.
The Archivist, currently Dr. Colleen Shogan, assumes responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist submits the proposed amendment to the states for their consideration by sending a letter of notification to each governor, along with the informational material prepared by the OFR. The governors then formally submit the amendment to their state legislatures or call for a convention, as specified by Congress.
Once a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. The Archivist then conveys this information to the Director of the Federal Register, who examines the ratification documents for facial legal sufficiency and the presence of 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.
When the OFR verifies that it has received the required number of authenticated ratification documents (from three-fourths of the states, or 38 out of 50), it drafts a formal proclamation for the Archivist to certify. This certification confirms that the amendment is valid and has become part of the Constitution. The 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.
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Congress governs the amendment process
The US Constitution has 27 amendments, with the first 10 being ratified on December 15, 1791, and forming what is known as the Bill of Rights. The process of amending the Constitution is outlined in Article Five of the US Constitution, which details a two-step process for making changes to the nation's plan of government.
Congress plays a crucial role in governing the amendment process. It has the authority to propose amendments and send them to the states for ratification. An amendment must gain a two-thirds majority vote in both the Senate and the House of Representatives to be proposed by Congress. Once an amendment is proposed, the Archivist of the United States 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.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is conveyed to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and authenticity. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50). Once an amendment is properly ratified, the Archivist issues a certificate proclaiming that it has become an operative 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.
Congress has also enacted statutes governing the constitutional amendment process. For example, Congress has stipulated that an amendment must be ratified by the required number of states within seven years of its submission to become part of the Constitution. This authority was affirmed by the Supreme Court in Coleman v. Miller (307 U.S. 433) in 1939.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress. However, most of these proposals die in congressional committees, and only a small fraction receive a full vote by either the House or the Senate. The last proposal to gain the necessary two-thirds support in both chambers was the District of Columbia Voting Rights Amendment in 1978.
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Frequently asked questions
There have been 27 amendments to the US Constitution.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.
The Bill of Rights comprises the first 10 amendments to the US Constitution.
The First Congress of the United States proposed 12 amendments to the Constitution in 1789.
Ten of the twelve proposed amendments were ratified in 1791.
