Simone Lawson
The United States Constitution, which came into force on 4 March 1789, is the country's supreme law and has been revised 27 times since its ratification. The procedure for amending the Constitution is outlined in Article V, which states that amendments can be proposed by 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 state legislatures. Once an amendment is proposed, it must be ratified by three-quarters of the states to become part of the Constitution. The process is overseen by the Archivist of the United States, who is responsible for administering the ratification process.
| Characteristics | Values |
|---|---|
| Number of Revisions before Signing | 23 approved articles |
| Date Signed | September 17, 1787 |
| Number of Signatories | 39 of 55 delegates |
| Date Superseded the Articles of Confederation | March 4, 1789 |
| Number of Amendments | 27 |
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What You'll Learn
The US Constitution was signed on September 17, 1787
The Constitutional Convention was a four-month-long process that began in May 1787, during which state delegates wrote the Constitution. The most contentious issues were resolved with the adoption of Sherman's "Great Compromise" on July 16, which required the apportionment of the US House of Representatives following a regularly conducted census. A Committee of Detail then prepared a draft Constitution for delegates to review in early August. The final draft, presented on September 12, contained seven articles, a preamble, and a closing endorsement. Several of the delegates were disappointed with the final document, and three refused to sign it.
The US Constitution was heavily influenced by the political philosophers of the time, including Montesquieu, Locke, Edward Coke, William Blackstone, Hume, and others. The ideas of these Enlightenment thinkers helped shape the advancement of personal liberties in the United States. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress; the executive, consisting of the president and subordinate officers; and the judicial, consisting of the Supreme Court and other federal courts.
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39 of 55 delegates signed it
The US Constitution was signed by 39 of the 55 delegates to the Constitutional Convention, representing 12 states. The signing took place on September 17, 1787, at Independence Hall in Philadelphia, Pennsylvania, marking the end of a four-month-long convention. The convention's purpose was to revise the Articles of Confederation, which had established the first national government but failed to empower the central government sufficiently. The Articles protected state sovereignty at the expense of the central government's authority, hindering its ability to raise revenue, conduct diplomacy, and manage western territories effectively.
The delegates debated competing proposals, such as the "Virginia Plan," which called for a complete replacement of the Articles with a strong central government, and the "New Jersey Plan," which retained the Articles' essential features. After intense debates and revisions, the final document, known as the Constitution, expanded the power of the central government while safeguarding the prerogatives of the states.
The signing of the Constitution included a brief declaration stating that the delegates' work had been successfully completed and that those who signed agreed to the final document. This endorsement was intentionally ambiguous, aiming to win over dissenting delegates and present a unanimous front. The convention's secretary, William Jackson, added a note verifying four handwritten amendments to the document and signed it to authenticate its validity.
While some delegates were disappointed by the compromises in the final document, Benjamin Franklin, one of the signatories, summed up the sentiments of those who signed, acknowledging that while he did not approve of every part, he accepted it as the best option at the time. The Constitution laid the framework for the nation's federal government, outlining the functions of its three branches: legislative, executive, and judicial.
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The President doesn't have a role in the amendment process
The process of amending the US Constitution is a complex and lengthy one. It involves a series of steps, starting with a proposal for an amendment, followed by ratification by a specified majority of states. While the President of the United States has a role in signing legislation into law, their role in the amendment process is notably absent. This is because the Constitution does not establish a role for the President in its amendment process.
The authority to amend the Constitution is derived from Article V of the Constitution. This article outlines the process by which amendments are proposed and ratified, and it does not include any mention of the President. Instead, the power to propose amendments lies with Congress, which can do so through a joint resolution with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of the state legislatures can call for a constitutional convention to propose amendments.
Once an amendment is proposed, it is submitted to the states for ratification. This is done by sending the proposed amendment to the governors of each state, who then formally submit it to their state legislatures. An amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50). The original document is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication, bypassing the President.
While the President does not have a formal constitutional role in the amendment process, there have been instances where they have played an informal, ministerial role. For example, in recent history, the signing of the certification of an amendment has become a ceremonial function that may be attended by various dignitaries, including the President. However, this is not a constitutional requirement, and the President's presence is purely ceremonial.
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The Archivist of the US oversees the process
The Archivist of the United States is responsible for overseeing the process of amending the Constitution. The Archivist is the head and chief administrator of the National Archives and Records Administration (NARA). The role was established in 1934 when the National Archives was founded as an independent federal agency by Congress.
The Archivist is appointed by the President and confirmed by the Senate. Their duties include safeguarding and making available for study all permanently valuable records of the federal government. This includes the original Declaration of Independence, the Constitution, and the Bill of Rights, which are displayed in the Archives' main building in Washington, D.C.
In the context of amending the Constitution, the Archivist is responsible for administering the ratification process. When an amendment is proposed by Congress, the Archivist receives the original document and forwards it to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the amendment in slip law format, along with an information package for the States.
Once a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. The OFR examines these documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director of the Federal Register acknowledges receipt and maintains custody until the amendment is adopted or fails.
When the OFR verifies that it has received the required number of authenticated ratification documents (approval by three-quarters of the States), 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 that the amendment process is complete.
The current Archivist of the United States is Colleen Joy Shogan, who was nominated by President Joe Biden and became the first woman to permanently hold the position in May 2023.
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27 amendments have been made to the Constitution
The United States Constitution has been amended 27 times, beginning with the Bill of Rights, the first ten amendments, which were ratified on December 15, 1791. The authority to make these amendments is derived from Article V of the Constitution, which outlines the process of proposing and ratifying amendments.
The first step in the amendment process is for Congress to propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, an amendment can be proposed by a constitutional convention called for by two-thirds of the state legislatures. However, in practice, all amendments to date have been proposed by Congress. The President does not have a constitutional role in this process.
Once an amendment is proposed, it is submitted to the states for ratification. An amendment becomes part of the Constitution when it is ratified by three-quarters of the states (38 out of 50). This can be done through state legislatures or conventions, and the process is managed by the National Archives and Records Administration (NARA). The time it takes to ratify an amendment can vary significantly, with the last amendment taking over 200 years to be ratified.
The 27 amendments cover a range of topics, including freedom of religion, speech, press, assembly, and the right to petition the government. The most recent amendment, the 27th, addresses the timing and compensation of senators and representatives. There is currently a movement in Congress to propose the 28th Amendment, which would set the number of Supreme Court justices at nine.
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Frequently asked questions
The US Constitution was revised several times before and after it was signed on September 17, 1787. The exact number of revisions is unclear, but there were at least four handwritten amendments made to the final document.
The Articles of Confederation, America's first constitution, gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers and could not regulate commerce or print money. The revisions sought to address these issues and create a stronger, more centralized government.
38 out of 41 delegates present signed the US Constitution, with George Reed signing on behalf of John Dickinson of Delaware, bringing the total number of signatures to 39.
After the US Constitution was signed, it had to be ratified by the states. Delaware was the first state to ratify the Constitution on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island finally approved it.
The US Constitution has undergone several changes and expansions since it was signed. There have been 27 amendments to the Constitution, including the Bill of Rights, which were the first 10 amendments ratified on December 15, 1791. The Constitution has also been interpreted and expanded through Supreme Court decisions, such as McCulloch v. Maryland (1823), which affirmed the federal government's right to take necessary and proper actions.
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