Omar Bennett
The United States 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. The process of amending the Constitution is detailed in Article Five of the document and requires amendments to be proposed and ratified before becoming operative. This can be done through a two-thirds majority in both the Senate and House of Representatives or by a national convention called by Congress. State constitutions, on the other hand, are amended more frequently, with around 7,000 amendments across all 50 states. Florida is unique in that it allows constitutional commissions to submit amendments directly to voters.
| Characteristics | Values |
|---|---|
| Number of times the U.S. Constitution has been amended | 27 |
| Number of times state constitutions have been amended | ~7,000 |
| Frequency of amendments to state constitutions | Alabama, Louisiana, South Carolina, Texas, and California: more than 3-4 times per year on average |
| Tennessee, Kentucky, Indiana, Illinois, and Vermont: once every 3-4 years on average | |
| Number of times the U.S. Constitution has been proposed to be amended | 33 |
| Number of times the U.S. Constitution has been amended since 1959 | 6 |
| Number of constitutional conventions held in the 50 states from 1776 to 1986 | 250 |
| Number of amendments submitted to voters by Rhode Island's 1986 convention | 14 |
| Number of amendments approved by voters from Rhode Island's 1986 convention | 8 |
| Number of times Florida's Constitution Revision Commission has met | 4 (once every 20 years) |
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What You'll Learn
Amendments to the US Constitution
The US Constitution has 27 amendments, with approximately 11,848 proposals to amend it having been introduced in Congress since 1789. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The process of amending the Constitution is detailed in Article Five, which outlines a two-step process requiring proper proposal and ratification before an amendment can become operative. Amendments can be proposed and sent for ratification by Congress, with 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.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states. This can be done through state legislatures or state ratifying conventions, as was the case with the Twenty-first Amendment in 1933, which repealed the Eighteenth Amendment and ended the prohibition of alcohol.
The US Constitution has seen a significant number of proposed amendments, with members of the House and Senate typically proposing around 200 amendments during each two-year term of Congress. However, many of these proposals fail to gain traction and die in congressional committees. Since 1999, only about 20 proposed amendments have received a vote by either the full House or Senate, and the last successful proposal was the District of Columbia Voting Rights Amendment in 1978.
Of the 33 amendments proposed by Congress and sent to the states for ratification, 27 have been successfully ratified and are now part of the Constitution. The remaining six amendments have not been ratified by the required number of states, with four still pending, one closed and failed by its own terms, and one closed and failed by the terms of the resolution proposing it.
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State constitutional conventions
The United States Constitution has been amended 27 times but never subject to a complete revision. In contrast, state constitutions are revised more frequently. The average state constitution has been revised around five times and includes 115 amendments.
In some states, a ballot measure asking voters to approve or disapprove of holding a convention appears automatically on the ballot every ten or twenty years. In other states, the legislature can call a convention without seeking voter approval. Some states allow the legislature to pose the question of whether to call a convention to the people.
The last state to hold a constitutional convention was Rhode Island in 1986. In 1996, voters in Hawaii approved a constitutional convention, but it was not held due to a high number of blank ballots. Louisiana may be on the verge of overhauling its constitution, which would be the first time a state has held a constitutional convention in four decades.
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Constitutional commissions in Florida
The Constitution of the United States has been amended several times since it was first enacted. There have been 27 amendments to the Constitution, with 33 amendments proposed by the United States Congress. The process of amending the Constitution is a two-step process, as outlined in Article Five, which involves proposing and ratifying amendments.
The Florida Constitution Revision Commission (CRC) is a unique constitutional body that is not part of the traditional three branches of government. It is a 37-member commission that reviews and proposes changes to the Florida Constitution. The CRC is convened every 20 years and was established in 1968 when voters adopted a new constitution via Amendment 1. The commission must examine the constitution, hold public hearings, and refer constitutional amendments to the ballot. The CRC's recommendations do not have a single subject requirement, allowing them to package issues together to increase the likelihood of passage by voters.
The CRC is led by a Chair appointed by the Governor, who also appoints 15 commissioners. Three members are chosen by the Chief Justice of the Florida Supreme Court, and the Florida Attorney General is also a member. The remaining members are appointed by the Speaker of the House of Representatives and the Senate President.
The CRC holds significant power over Florida's Constitution, impacting various topics such as gambling, education, redistricting, and the courts. The 2017-2018 CRC referred eight constitutional amendments to the 2018 ballot, with seven of them being approved.
In 1980, there was an attempt to abolish the CRC through a constitutional amendment, but voters rejected the amendment. Similarly, in 2022, Amendment 2, which aimed to abolish the CRC, failed to receive the required 60% voter approval.
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The two-step process for amending the Constitution
The United States Constitution has been revised 27 times since it was put into operation on March 4, 1789. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791.
Step 1: Proposal
An amendment may be proposed in two ways. Firstly, the US Congress can propose an amendment whenever a two-thirds majority in both the Senate and the House of Representatives deem it necessary. Secondly, a national convention can be called by Congress for this purpose, on the application of the legislatures of two-thirds of the states (34 since 1959). However, this option has never been used.
Step 2: Ratification
Once an amendment has been proposed, it must be ratified to become part of the Constitution. Ratification can occur in two ways. Firstly, it can be ratified by the legislatures of three-fourths of the states (38 since 1959). Secondly, it can be ratified by conventions in three-fourths of the states. The mode of ratification is determined by Congress.
After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register, who follows established procedures and customs. Once the required number of authenticated ratification documents is verified, a formal proclamation is drafted 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 to Congress and the nation that the amendment process is complete.
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The difficulty of amending the Constitution
The United States Constitution, deemed the "supreme law of the land" and written "to endure for ages to come", is considered the most difficult to amend when compared to other constitutions. It has been amended only 27 times since it was drafted in 1787, with the first 10 amendments, known as the Bill of Rights, being ratified in 1791.
The process of amending the Constitution is deliberately designed to be challenging. Article Five of the Constitution outlines a two-step process for any changes to take effect: proposals must be properly proposed and then ratified. Amendments can be proposed by the US Congress, requiring a two-thirds majority vote in both the Senate and the House of Representatives, or by a national convention called by Congress upon application by two-thirds of state legislatures. However, this latter option has never been utilised.
For an amendment to become part of the Constitution, ratification by three-fourths of state legislatures or special conventions is required. This high threshold ensures that any changes to the Constitution are widely accepted across the states, fostering stability and permanence. The rigorous amendment process is a deliberate feature, intended to strike a balance between the need for change and maintaining consistency.
The difficulty in amending the Constitution has led to a perception of its unamendability. In the last half-century, numerous proposals have been put forward to make the Constitution more equal, inclusive, and just, but few have progressed beyond their initial stages. This rigidity has caused concern, highlighting the challenge of adapting the Constitution to modern needs and values.
Despite the challenges, there have been periods of amendment activity, such as during the Progressive Era, when the Constitution was amended four times in less than a decade. The ease of formal amendments during this period of intense social activism and reform underscores the variable nature of amendment difficulty over time. The configuration of congressional power, the evolution of legislative majorities, and shifting constitutional norms all play a role in influencing the feasibility of amendments.
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Frequently asked questions
The US Constitution has been amended 27 times since it was drafted in 1787.
The US Constitution is difficult to change by design. The last full-scale state constitutional convention in the US took place in 1986.
Amendments must be proposed and ratified before becoming operative. This can be done through a two-thirds majority in both the Senate and House of Representatives, or via 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.
State constitutions are amended regularly, with varying frequencies depending on the state. Alabama, Louisiana, South Carolina, Texas, and California amend their constitutions more than three to four times per year on average, while Tennessee, Kentucky, Indiana, Illinois, and Vermont amend theirs once every three to four years on average.
