Malcolm Rivera
The United States Constitution has had 27 successful amendments ratified since it was put into operation on March 4, 1789. More than 11,000 amendments have been proposed, but only 27 have been ratified, with the first 10, known as the Bill of Rights, being ratified in 1791. The process of amending the Constitution involves two steps: proposing and ratifying. An amendment can be proposed by either a two-thirds majority in both the Senate and the House of Representatives or a national convention called by Congress on the application of two-thirds of state legislatures. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states.
| Characteristics | Values |
|---|---|
| Number of amendments proposed | 11,000+ |
| Number of amendments successfully ratified | 27 |
| First 10 amendments | Known as the Bill of Rights |
| Date of ratification of the first 10 amendments | December 15, 1791 |
| Number of amendments proposed and sent to states for ratification | 33 |
| Number of amendments ratified by the requisite number of states | 27 |
| Number of amendments adopted by Congress and sent to states that have not been ratified | 6 |
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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 is a remarkable and resilient document that has endured and evolved over the centuries. It has been amended numerous times to reflect the changing needs and values of American society. The process of amending this foundational text is a testament to the nation's commitment to a flexible and responsive democracy.
The Bill of Rights, comprising the first ten amendments to the Constitution, stands as an enduring symbol of Americans' rights and liberties. These amendments were proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791, by three-fourths of the state legislatures. This process of proposing and ratifying amendments is a crucial mechanism for safeguarding citizens' rights and ensuring the Constitution remains adaptable to the nation's evolving needs.
The Bill of Rights was a direct response to concerns raised during the debates on the adoption of the Constitution. Opponents of the original document feared that it could pave the way for central government tyranny and sought explicit protections for individual liberties. The amendments that comprise the Bill of Rights address these concerns by defining citizens' rights in relation to the newly established government. They guarantee freedoms such as religion, speech, and the right to bear arms, while also ensuring protections like due process and trial by jury.
The process of amending the Constitution is carefully outlined in Article Five. It requires a two-thirds majority in both the Senate and the House of Representatives to propose an amendment, which is then 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, either through their legislatures or state conventions. This two-step process strikes a delicate balance between the need for change and the importance of stability in the nation's governing document.
Since the Bill of Rights, numerous other amendments have been proposed and ratified, addressing a range of issues and reflecting the evolving nature of American society. The process of amendment allows the Constitution to remain a living, breathing document that can adapt to the needs and values of successive generations of Americans. The story of the Constitution's amendments is a narrative of a nation committed to protecting the rights of its citizens and ensuring a responsive and effective government.
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The process of amending the Constitution
An amendment can be proposed in two ways: by the US Congress, with a two-thirds majority vote in both the Senate and the House of Representatives; or by a national convention called by Congress upon the application of two-thirds of state legislatures (34 states). The latter option has never been used.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 states). This can be done in two ways: through the state legislatures of three-fourths of the states; or through ratifying conventions in three-fourths of the states.
The ratification deadline, typically seven years from the date of submission, is usually stipulated by Congress. However, in the absence of a deadline, an amendment can remain pending indefinitely and be ratified long after being proposed.
The Office of the Federal Register at the National Archives keeps track of state ratifications. Once an amendment is ratified by three-fourths of the states, the archivist of the United States certifies and publishes it in the Federal Register and US Statutes at Large, making it part of the Constitution.
In total, there have been 27 successful amendments to the Constitution, with more than 11,000 amendments proposed. The first 10 amendments, known as the Bill of Rights, were ratified simultaneously in 1791.
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The Reconstruction Amendments
The 13th Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as a punishment for a crime. It changed a portion of Article IV, Section 2 of the Constitution, which previously allowed for slavery and involuntary servitude. The 13th Amendment was passed by the U.S. Senate on April 8, 1864, and by the House on January 31, 1865, after extensive legislative maneuvering by the Lincoln administration. It was swiftly ratified by all but three Union states (Delaware, New Jersey, and Kentucky).
The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. It changed a portion of Article I, Section 2 of the Constitution. The 14th Amendment was proposed by Congress on June 13, 1866, and ratified on July 9, 1868. It states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of 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.
The 15th Amendment, proposed in 1869 and ratified in 1870, prohibits the federal and state governments from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude." It was ratified as the third and last of the Reconstruction Amendments. By 1869, voting rights were restricted in all states to white men. The narrow election of Ulysses S. Grant to the presidency in 1868 convinced a majority of Republicans that protecting the franchise of black men was important for the party's future.
While the Reconstruction Amendments were significant in guaranteeing freedom and civil rights to formerly enslaved people, their promise was eroded by state laws and federal court decisions throughout the late 19th century. Important Supreme Court decisions that undermined these amendments included the Slaughter-House Cases in 1873 and Plessy v. Ferguson in 1896, which originated the phrase "separate but equal." It was not until the Supreme Court decision in Brown v. Board of Education in 1954, and the passage of laws such as 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 Congress in proposing and ratifying amendments
Article Five of the United States Constitution outlines the procedure for altering the Constitution. It describes a two-step process for amending the nation's plan of government. Amendments must be properly proposed and ratified before becoming operative.
Congress plays a crucial role in proposing amendments to the Constitution. According to Article Five, Congress can propose amendments whenever two-thirds of both Houses (the Senate and the House of Representatives) deem it necessary. This means that a two-thirds majority in both chambers must agree to propose an amendment. Once an amendment is proposed by Congress, it is sent to the states for ratification.
Congress has the authority to set a reasonable time limit for the ratification of amendments. Typically, Congress has stipulated that an amendment must be ratified within seven years of its submission to the states. This prevents amendments from remaining pending indefinitely. The Supreme Court affirmed Congress's power to set ratification deadlines in the Coleman v. Miller case in 1939.
In addition to proposing amendments directly, Congress can also call for a convention to propose amendments. This occurs when legislatures of two-thirds of the states (34 as of 1959) apply to Congress. This convention option has been described as a political tool to enable state legislatures to counter potential "encroachments of national authority." However, it is important to note that this second method has never been used to propose an amendment.
Regardless of the method of proposing an amendment, the ratification process involves the states. An amendment must be ratified by either the legislatures of three-quarters of the states or by ratifying conventions in three-quarters of the states, as determined by Congress. This means that a significant majority of states must approve an amendment for it to become part of the Constitution.
Throughout history, Congress has played a central role in proposing amendments, with all 33 amendments submitted to the states for ratification originating in Congress. Twenty-seven of these amendments have been successfully ratified and are now part of the Constitution.
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The impact of amendments on citizens' rights
There have been 27 amendments to the US Constitution, with more than 11,000 proposed. The process of amending the Constitution involves two steps: proposing and ratifying the amendment. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. These amendments were designed to limit government power and protect individual liberties. For example, the First Amendment prohibits Congress from making laws that establish a religion or restrict the freedom of speech. The Second Amendment protects the right to keep and bear arms, while the Third Amendment prevents the government from forcing soldiers into private homes without consent.
Another example is the 19th Amendment, which states that the right of citizens of the United States to vote shall not be denied or abridged by the United States or any State on account of sex. This amendment, ratified in 1920, guaranteed women's suffrage and ensured that women had an equal voice in elections and the political process.
The Fifth Amendment provides several protections for people accused of crimes. It states that serious criminal charges must be initiated by a grand jury and that a person cannot be tried twice for the same offence (double jeopardy). It also protects against self-incrimination and ensures the right to due process, preventing the government from taking away property without just compensation.
The Sixth Amendment grants individuals accused of crimes additional rights, such as the right to a speedy and public trial and an impartial jury. The Eighth Amendment prohibits excessive bail and fines and cruel and unusual punishments, while the Ninth Amendment acknowledges that citizens have rights beyond those specifically listed in the Constitution.
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Frequently asked questions
27 amendments to the US Constitution have been successfully ratified.
More than 11,000 amendments have been proposed, with approximately 11,848 proposals introduced in Congress since 1789.
The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791.
The process is detailed in Article Five of the US Constitution. 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. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress.
