Omar Bennett
The United States Constitution has been amended 27 times since it was drafted in 1787, with 33 amendments proposed by the US Congress. The first ten amendments, known as the Bill of Rights, were ratified in 1791, and since then, 17 additional amendments have been ratified. The process of amending the Constitution is detailed in Article Five, which outlines a two-step process requiring proposals to be properly proposed and ratified before becoming operative. The amendments address significant issues such as individual rights, the balance of power between the federal and state governments, and the election process.
| Characteristics | Values |
|---|---|
| Total number of amendments proposed by the US Congress | 33 |
| Number of amendments ratified | 27 |
| Number of amendments pending ratification | 4 |
| Number of amendments that have failed | 2 |
| First 10 amendments | Ratified on December 15, 1791, as the Bill of Rights |
| Amendments in the 20th century | Gave women the right to vote, enacted and repealed Prohibition, abolished poll taxes, lowered the voting age |
| Amendments in the 21st century | None |
| Process of amendment | Two-step process: proposal and ratification |
| Proposal of amendment | Two-thirds majority in both the Senate and the House of Representatives or a national convention called by Congress |
| Ratification of amendment | Three-fourths of the states (38) |
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What You'll Learn
The US Constitution has been amended 27 times
The first step of this process involves an amendment being proposed and sent to the states for ratification by either a two-thirds majority in both the Senate and House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. This second option has never been used.
The second step requires that, to become part of the Constitution, an amendment must be ratified by three-quarters of the states. This can be done through the legislatures of three-quarters of states, or by special ratifying conventions in three-quarters of the states, as provided for in the Constitution.
The amendments cover a range of issues, from ensuring the rights of citizens to limiting the terms of the President. For example, the 13th, 14th, and 15th amendments are collectively known as the Reconstruction Amendments, while the 19th Amendment gave women the right to vote, and the 26th Amendment lowered the minimum voting age from 21 to 18. Other amendments have focused on issues such as prohibition, poll taxes, and official language.
The process of amending the Constitution is deliberately difficult and time-consuming, and not all proposed amendments have been successful. There have been 33 proposed amendments sent to the states for ratification, but only 27 have been ratified by the requisite number of states and are part of the Constitution. Six amendments have not been ratified, with four still pending, one closed and failed by its terms, and one closed and failed by the terms of the resolution proposing it.
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The Bill of Rights was the first 10 amendments
The United States Constitution has been amended 27 times since it was put into operation on March 4, 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. The Bill of Rights was proposed following the 1787–88 debate over the ratification of the Constitution and written to address objections raised by Anti-Federalists. James Madison, then a member of the U.S. House of Representatives, drafted the amendments as a solution to limit government power and protect individual liberties.
The Anti-Federalists wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty. Madison altered the Constitution’s text where he thought appropriate. However, several representatives, led by Roger Sherman, objected, saying that Congress had no authority to change the wording of the Constitution. Therefore, Madison’s changes were presented as a list of amendments that would follow Article VII.
The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble. They also include explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved for the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), the Northwest Ordinance (1787), the English Bill of Rights (1689), and the Magna Carta (1215).
The Bill of Rights had little judicial impact for the first 150 years of its existence. Beyond the first ten amendments, many changes in the American political and legal system have come through judicial interpretation of existing laws, rather than the addition of new ones by the legislative branch.
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Amendments must be proposed and ratified
The US Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. Since then, Congress has passed 23 additional amendments, and the states have ratified 17 of them. The process of amending the Constitution is a two-step process, with amendments needing to be proposed and ratified before becoming operative. This process is designed to balance the need for change with stability.
Amendments can be proposed in two ways. Firstly, they may be proposed by Congress, with a two-thirds majority in both the Senate and the House of Representatives. Secondly, a national convention called by Congress on the application of two-thirds of state legislatures can propose amendments. However, this option has never been used.
Once an amendment is proposed, it must be ratified to become part of the Constitution. Ratification requires approval by three-fourths of the states (38 states since 1959). This can be achieved through the legislatures of three-fourths of the states or a ratification convention in three-fourths of the states, as determined by Congress.
The amendment process is challenging and time-consuming. It is intended for significant changes affecting all Americans or securing citizens' rights. Examples of amendments include granting women the right to vote, enacting and repealing Prohibition, abolishing poll taxes, and lowering the minimum voting age.
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Congress has passed 23 amendments, 17 ratified
The US Constitution has been amended 27 times since it was first drafted in 1787, with the first 10 amendments being adopted in 1791 and known as the Bill of Rights. The process of amending the Constitution involves two steps: proposing and ratifying. Amendments can be proposed by Congress, with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. However, this latter method has never been used.
Since the Bill of Rights was adopted, Congress has passed 23 additional amendments, with 17 of them being ratified by the requisite number of states and becoming part of the Constitution. This means that six of the amendments passed by Congress have not been ratified. Four of these amendments are still pending, while one has failed by its own terms and another by the terms of the resolution proposing it.
The process of amending the Constitution is deliberately difficult and time-consuming to ensure a balance between the need for change and the stability of the nation's plan of government. An amendment must have a significant impact on the nation or secure citizens' rights to be considered worthy of inclusion in the Constitution.
Some notable amendments include those that gave women the right to vote, enacted and later repealed Prohibition, abolished poll taxes, and lowered the minimum voting age to 18. The Supreme Court has also played a significant role in interpreting the Constitution and ensuring that the other branches of government abide by it, with cases like Marbury v. Madison and McCulloch v. Maryland shaping the balance of power between the federal government and the states.
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Changes also come from judicial interpretation
The US Constitution has been amended 27 times since it was first put into operation on March 4, 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. Since then, Congress has passed 23 additional amendments, 17 of which have been ratified by the states.
However, many changes in the American political and legal system have come about through judicial interpretation of existing laws, rather than the addition of new ones. This was established by John Marshall, the nation's fourth chief justice, who asserted the Court's right to declare acts of Congress unconstitutional in the landmark case of Marbury v. Madison (1803). This case set a precedent for the Court to take an active role in interpreting the laws and actions of the other two branches of government and ensuring they abide by the Constitution.
The Supreme Court has since relied on certain "methods" or "modes" of interpretation. These methods can assist Members of Congress in observing their oath to uphold the Constitution when performing legislative functions. For example, Members of Congress may interpret the Constitution when considering whether to vote for proposed legislation or when a dispute arises regarding the boundaries of Congress's constitutional authority.
There are different styles of constitutional interpretation employed by US Supreme Court Justices. Some justices view the Constitution as a living document and are more likely to interpret the text to find protections for individuals, while others take a more conservative approach, defending the words of the Constitution and guiding judicial decisions by its text. When making decisions, justices must also consider constraints from sources such as public opinion and interest groups, which may require them to compromise on their preferred interpretation.
In conclusion, while the US Constitution has been formally amended 27 times, many changes have also come about through judicial interpretation of existing laws. The Supreme Court has played a significant role in shaping the American political and legal system by interpreting the Constitution and ensuring that the other branches of government abide by it.
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Frequently asked questions
The US Constitution has been amended 27 times since it was drafted in 1787. The first 10 amendments were adopted in 1791 and are collectively known as the Bill of Rights.
Article Five of the US Constitution outlines a two-step process for making changes. Amendments must be proposed and ratified before becoming operative. An amendment can be proposed by a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
Notable amendments to the Constitution include the Reconstruction Amendments (the 13th, 14th, and 15th amendments), which abolished slavery and guaranteed citizenship and voting rights for former slaves. Other amendments granted women the right to vote, enacted and repealed Prohibition, abolished poll taxes, and lowered the minimum voting age to 18.
