Isabella Carter
The US Constitution has been amended 27 times since it was put into operation on March 4, 1789. The first ten amendments, known collectively as the Bill of Rights, were ratified on December 15, 1791, and offer protections of individual liberty and justice and restrictions on the powers of government within the US states. The majority of the 17 later amendments expand individual civil rights protections, while others address issues related to federal authority or modify government processes and procedures. Amendments to the Constitution are proposed by the US Congress and sent to the states for ratification. The Archivist of the United States is responsible for administering the ratification process and issuing a certificate proclaiming that an amendment has become an operative part of the Constitution.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| 13th, 14th, and 15th Amendments | Reconstruction Amendments |
| Number of Amendments Proposed | 33 |
| Number of Amendments Proposed but Not Ratified | 6 |
| Number of Amendments Still Pending | 4 |
| Number of Amendments Closed | 2 |
| Number of Proposals to Amend the Constitution Introduced in Congress | ~11,848 |
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What You'll Learn
The US Constitution has been amended 27 times
The US Constitution, which became operational in 1789, has been amended 27 times. The first ten amendments, known collectively as the Bill of Rights, were ratified on December 15, 1791, and offer specific protections of individual liberty and justice. They also place restrictions on the powers of the government within US states.
The process of amending the Constitution involves sending a constitutional amendment to the states for ratification. The Archivist of the United States is responsible for administering the ratification process. Once an amendment is properly ratified, the archivist issues a certificate proclaiming that it has become an operative part of the Constitution. Amendments can be pending indefinitely and ratified long after being proposed to the states.
The majority of the 17 later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures. For example, the 13th, 14th, and 15th amendments, known as the Reconstruction Amendments, were added following the Civil War to abolish slavery, grant citizenship to all persons born or naturalized in the United States, and guarantee the right to vote regardless of race, among other things.
In total, 33 amendments have been proposed by Congress and sent to the states for ratification. Six of these amendments have not been ratified by the required number of states. Four are still pending, one has failed by its terms, and one has failed by the terms of the resolution proposing it.
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Amendments expand civil rights protections
The Constitution of the United States has been amended 27 times, with 33 amendments proposed by Congress. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791.
Amendments have played a crucial role in expanding civil rights protections in the United States. One notable example is the 14th Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868. This amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people, guaranteeing equal civil and legal rights to Black citizens. It also included the provision that "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." This ensured that the right to due process and equal protection of the law applied to both federal and state governments.
The Civil Rights Act of 1964, signed into law by President Lyndon B. Johnson, is another significant piece of legislation. It outlaws discrimination based on race, colour, religion, sex, and national origin. The act prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. The Equal Pay Act of 1963, passed by the same Congress, also played a role in prohibiting wage differentials based on sex.
The struggle for civil rights did not end with the passage of these amendments and legislation. Despite the 14th Amendment's promise, it failed to extend the Bill of Rights to the states and protect the rights of Black citizens effectively. Citizens, activists, and politicians continued to fight for the realisation of equal rights, with Black and White citizens initiating court cases and Congress enacting legislation to safeguard the rights of all citizens.
In conclusion, amendments to the Constitution of the United States have been instrumental in expanding civil rights protections. The 14th Amendment and the Civil Rights Act of 1964 are notable examples of how amendments and legislation have worked together to guarantee equal rights and outlaw discrimination. However, the ongoing struggle for civil rights highlights that the expansion of protections is a continuous process, requiring dedication and perseverance from those striving for change.
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Amendments address federal authority
The Tenth Amendment to the United States Constitution has been interpreted as emphasising the continuing importance of states and the foundational role of the people. It stands as a reminder of the structure of shared authority between federal and state governments. The Amendment asks whether a claimed federal power was actually delegated to the national government by the Constitution, and this question is answered by studying the enumerated powers.
The Amendment has been used to argue against the expansion of national power. For example, in New York v. United States, the Court held that the Tenth Amendment prohibited Congress from enacting a comprehensive plan for the disposal of radioactive waste that required states to assume responsibility for the disposal of waste within their borders.
However, the language of the Tenth Amendment assumes a clear demarcation of state and federal domains of authority, which is not always realistic. The areas of society subject to federal regulation have expanded over time, resulting in significant overlap between state and federal authority. This has led to concerns about the blurring of federal and state functions and the potential undermining of government official accountability.
Despite this, federalism remains robust in the United States, and the Amendment has been interpreted in various ways by the Supreme Court. In Garcia v. San Antonio Metropolitan Transit Authority, the Court held that state sovereignty interests should be protected by participation in the national political process, rather than by judicially-enforced principles of federalism.
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Amendments modify government processes
The US Constitution has been amended 27 times since it became operational in 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791, and offer specific protections of individual liberty and justice. They also place restrictions on the powers of the government within US states.
The majority of the 17 later amendments expand individual civil rights protections. However, some of the later amendments address issues related to federal authority or modify government processes and procedures.
One example of an amendment that modifies government processes is the Congressional Apportionment Amendment, which was proposed in 1789. This amendment would establish a formula for determining the appropriate size of the House of Representatives and the apportionment of representatives among the states following each constitutionally mandated decennial census. At the time, an affirmative vote by ten states was required to make this amendment operational. However, with the admission of Vermont and Kentucky to the Union in 1791 and 1792, the number climbed to twelve. The amendment fell one state short of the number needed for it to become part of the Constitution.
Another example of an amendment that modifies government processes is the 14th Amendment, which is one of the three Reconstruction Amendments (along with the 13th and 15th Amendments). The 14th Amendment, ratified in 1868, granted citizenship to "all persons born or naturalized in the United States" and provided protections for individuals, including due process and equal protection of the laws. This amendment had a significant impact on the structure and processes of government, particularly in the areas of citizenship, civil rights, and legal proceedings.
In addition to the amendments, it's worth noting that legislation passed to implement the Constitution or adapt it to changing conditions can also subtly change the meanings given to the words of the Constitution. The court system plays a crucial role in interpreting and enforcing these changes, deciding whether actions by Congress or federal agencies are permissible under the Constitution.
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Amendments are ratified by states
The process of amending the Constitution of the United States is outlined in Article V of the Constitution. Amendments to the Constitution can be proposed by either the US Congress or a national convention. For Congress to propose an amendment, a two-thirds majority vote in both the House of Representatives and the Senate is required. Alternatively, a national convention can be called by Congress at the request of two-thirds of the state legislatures. However, this method 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 works in conjunction with the Director of the Federal Register, following procedures established by the Secretary of State and the Administrator of General Services.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). This can be achieved through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The Twenty-first Amendment, ratified in 1933, is the only amendment to be ratified through state ratifying conventions. It is also the only amendment that explicitly repeals a previous one, the Eighteenth Amendment, which established the prohibition of alcohol.
Congress has stipulated that amendments must be ratified within seven years of their submission to the states to become part of the Constitution. This authority was affirmed by the Supreme Court of the United States in Coleman v. Miller (307 U.S. 433) in 1939. In the absence of a deadline, an amendment can remain pending indefinitely.
Since the Constitution was enacted on March 4, 1789, 33 amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven of these amendments have been successfully ratified by the required number of states and are now part of the Constitution. The first ten amendments, collectively known as the Bill of Rights, were ratified simultaneously on December 15, 1791. Six amendments have not been ratified by the requisite number of states, with four still pending, one closed and failed by its terms, and another closed and failed by the terms of the proposing resolution.
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Frequently asked questions
There have been 27 amendments to the US Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791.
33 amendments have been proposed by the US Congress and sent to the states for ratification. Of these, 27 have been ratified by the requisite number of states and are part of the Constitution. Six amendments have not been ratified, four of which are still pending.
When a constitutional amendment is sent to the states for ratification, the Archivist of the United States is responsible for administering the process. After ratification, the archivist issues a certificate proclaiming that an amendment is now part of the Constitution. Amendments must be ratified by the required number of states within seven years, as affirmed by the Supreme Court in 1939.
The first 10 amendments, known as the Bill of Rights, protect individual liberty and justice and restrict government powers. The remaining 17 amendments mostly expand on civil rights protections, address federal authority, or modify government processes.
