Malcolm Rivera
The US Constitution, which begins with the famous words We the People, has been amended 27 times since it was signed on September 17, 1787. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. Since then, there have been 17 more amendments, the most recent of which was passed in 1951. In total, approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.
| Characteristics | Values |
|---|---|
| Number of Amendments to the US Constitution | 27 |
| Number of proposals to amend the Constitution since 1789 | ~11,848 |
| Number of amendments in the Bill of Rights | 10 |
| Date the Bill of Rights was ratified | December 15, 1791 |
| Number of amendments proposed by the First Congress of the United States | 12 |
| Number of amendments pending | 4 |
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What You'll Learn
The first ten amendments, known as the Bill of Rights
The United States Constitution is the oldest and longest-standing written and codified national constitution in force in the world. The drafting of the Constitution, often referred to as its framing, was completed at the Constitutional Convention, which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. On September 17, 1787, 38 delegates signed the Constitution, with George Reed signing for John Dickinson of Delaware, bringing the total number of signatures to 39.
The first ten amendments to the Constitution, proposed on September 25, 1789, constitute the Bill of Rights. These amendments were ratified on December 15, 1791. James Madison wrote the amendments to limit government power and protect individual liberties. The Bill of Rights adds to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble, as well as other natural and legal rights.
The First Amendment of the Bill of Rights prohibits Congress from making laws that establish a national religion or prohibit its free exercise, abridge the freedom of speech or the press, or hinder the right of the people to assemble and petition the government. The Second Amendment states that "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." The Third Amendment prohibits the quartering of soldiers in civilian homes without the owner's consent, except as prescribed by law during war or peace.
The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes by requiring a warrant. The Ninth Amendment states that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people. Finally, the Tenth Amendment emphasizes that powers not delegated to the United States by the Constitution or prohibited to the states are reserved for the states or the people.
The Constitution's Post-Revolutionary War Delay
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The 13th, 14th, and 15th amendments, the Reconstruction Amendments
The Reconstruction Amendments—the 13th, 14th, and 15th Amendments—were adopted between 1865 and 1870, in the five years immediately following the US Civil War. These three constitutional amendments were part of a large movement to reconstruct the United States that followed the Civil War. They were written and ratified by the Republican Party, with the Democrats opposing them.
The 13th Amendment abolished slavery and involuntary servitude, except as punishment for a crime. While the Emancipation Proclamation ended slavery in the Confederacy, the 13th Amendment ended it in the entirety of the United States. It also granted Congress the right to enforce this with appropriate legislation should states defy the ordinance.
The 14th Amendment, which was proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection of the laws for all persons. It ensured birthright citizenship and due process under federal and state governments. It also eliminated the three-fifths rule in Article I, Sec. 2, cl. 3, and punished any state that did not permit male citizens 21 or older to vote by reducing the state's proportional representation.
The 15th Amendment, 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 secured voting rights for Black men, making it illegal to refuse them the right to vote on account of race or previous condition of servitude.
The Constitution's City of Birth: Where History Was Written
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The Twenty-Second Amendment, limiting presidents to two terms
The Twenty-Second Amendment to the United States Constitution, which limits presidents to two terms, was passed in response to Franklin D. Roosevelt's unprecedented four terms in office. Before the amendment, there were no term limits for presidents, but George Washington and Thomas Jefferson chose not to run for a third term, setting a two-term precedent. Roosevelt's decision to seek a third term dominated the 1940 election campaign, and his subsequent bid for a fourth term in 1944 raised concerns about a president serving unlimited terms.
The Twenty-Second Amendment was approved by Congress on March 21, 1947, and submitted to the states for ratification. It states that no person shall be elected president more than twice, and anyone who has served as president for more than two years of another president's term can only be elected to one full term. The amendment came into force on February 27, 1951, after being ratified by 36 of the 48 states.
The debate over presidential term limits dates back to the Constitutional Convention of 1787, where delegates considered various proposals, including lifetime tenure and fixed terms. The final draft of the Constitution approved four-year terms with no restrictions on the number of terms. Since then, several amendments have been proposed to limit presidential terms, but none were successful until the Twenty-Second Amendment.
The Twenty-Second Amendment has been the subject of scholarly debate, with questions arising over whether it prohibits individuals from ever running for president again after two terms or if it only applies to consecutive terms. The amendment's impact on the accumulation of power in the presidency has also been a topic of discussion, with some arguing that it serves as a check against any one person or the presidency as a whole from becoming too powerful.
Who is Protected by the US Constitution?
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The process of amending the Constitution
The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world. The drafting of the Constitution, often referred to as its framing, was completed at the Constitutional Convention, which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The Constitution provides that an amendment may be proposed either by Congress with 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 the State legislatures. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is 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.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). 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 and serves as official notice to the Congress and to the Nation that the amendment process has been completed. 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. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.
In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. The process of amending the Constitution is very difficult and time-consuming. In fact, it has been called the most difficult constitution in the world to amend.
The Evolution of Written Constitutions: Adapting to Change
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The first elections under the Constitution
The US Constitution, the oldest and longest-standing written and codified national constitution in force, was written in 1787 and became operational in 1789. The first elections under the Constitution were held from December 15, 1788, to January 7, 1789.
George Washington was unanimously elected as the first US president, and John Adams became the first vice president. This was the only US presidential election that spanned two calendar years without a contingent election and the first national presidential election in American history.
The election was held under the new Constitution, which was ratified in 1788. The Constitution created the offices of President and Vice President, fully separating these offices from Congress. The Constitution also established an Electoral College, based on each state's congressional representation, in which each elector would cast two votes for two candidates. The procedure was later modified in 1804 with the ratification of the Twelfth Amendment.
At the time, states had varying methods for choosing presidential electors. Five states had their electors chosen by the state legislature, while the other six chose electors through some form involving a popular vote. However, only two states' choices depended directly on a statewide vote. There were no organized political parties at the time, but political opinion was loosely divided between Federalists or Cosmopolitans, and Anti-Federalists or Localists. Both factions supported Washington for president.
Constitutional Reflection of America's Founding Era
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Frequently asked questions
There have been 27 amendments to the US Constitution since it was written.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.
Four amendments are currently pending.
The first 10 amendments make up the Bill of Rights.
The First Congress of the United States proposed 12 amendments in 1789.
