Isabella Carter
The United States Constitution has been amended 27 times since it was first put into operation in 1789. The process of amending the Constitution is outlined in Article V of the Constitution and requires a proposal followed by ratification. The first 10 amendments, known as the Bill of Rights, were ratified in 1791 and offer protections of individual liberty and justice. The process of amending the Constitution has been influential worldwide, shaping the principles of the rule of law, separation of powers, and recognition of individual rights in other nations.
| Characteristics | Values |
|---|---|
| Total number of amendments proposed | 11,000+ |
| Number of amendments ratified | 27 |
| First 10 amendments known as | Bill of Rights |
| 13th, 14th and 15th amendments known as | Reconstruction Amendments |
| Number of amendments proposed by constitutional convention | 0 |
| Longest pending amendment that was successfully ratified | 22nd Amendment (3 years, 343 days) |
| Shortest time taken for ratification | 26th Amendment (100 days) |
| Latest amendment | 27th Amendment (1992) |
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What You'll Learn
The US Constitution has been amended 27 times
The first 10 amendments, known collectively as the Bill of Rights, were ratified in 1791 and offer specific protections of individual liberty and justice, as well as placing restrictions on the powers of the government within US states. These include the right to free exercise of religion, freedom of speech, and the right to keep and bear arms.
Amendments 13–15 are known as the Reconstruction Amendments. The 27th Amendment, ratified in 1992, prevents members of Congress from granting themselves pay raises during the current session. This amendment was pending before the states for over 200 years, the longest of any successfully ratified amendment. In contrast, the 26th Amendment was ratified in the shortest time at just 100 days.
Over 11,000 amendments to the Constitution have been proposed, but only 27 have been ratified by the requisite number of states. Six amendments have been adopted by Congress and sent to the states but have not been ratified by the required number of states. 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.
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Amendments must be proposed and ratified
The United States Constitution has been amended 27 times since it was put into operation on March 4, 1789. The process of amending the Constitution is outlined in Article V of the Constitution and consists of two steps: proposing and ratifying amendments.
An amendment may be proposed by the U.S. Congress with a two-thirds majority vote in both the Senate and the House of Representatives. Alternatively, it can be proposed by a national convention called by Congress on the application of two-thirds of state legislatures (34 since 1959). This second option has never been used.
Once an amendment is proposed, it is sent to the states for ratification. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). State legislatures can ratify a proposed amendment, or the state can call for a convention, depending on what Congress has specified. When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist administers the ratification process and has delegated many duties to the Director of the Federal Register.
The ratification process is not detailed in Article V of the Constitution or in 1 U.S.C. 106b. Instead, the Archivist and Director follow procedures established by the Secretary of State and the Administrator of General Services, who previously performed these duties. The signing of the certification has become a ceremonial function attended by dignitaries, including the President on some occasions.
In summary, the process of amending the Constitution involves proposing an amendment by Congress or a national convention, followed by ratification by a sufficient number of states. This process ensures that any changes to the Constitution are carefully considered and broadly supported.
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The Archivist certifies ratification
The Constitution of the United States has been amended 27 times since it became operational in 1789. The first ten amendments, known as the Bill of Rights, were ratified in 1791. The process of amending the Constitution is outlined in Article Five of the Constitution, which requires that amendments be properly proposed and ratified before becoming operative.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist's role is primarily ceremonial, as they do not make any substantive determinations regarding the validity of state ratification actions. However, their certification of the facial legal sufficiency of ratification documents is final and conclusive. This certification is published in the Federal Register and serves as official notice that the ratification process has been completed.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is then conveyed to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody until an amendment is adopted or fails. The OFR follows procedures established by the Secretary of State and the Administrator of General Services, who previously performed these duties before NARA assumed responsibility in 1985.
In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, sometimes including the President. The Archivist performed the duties of the certifying official for the first time in 1992 to recognize the ratification of the 27th Amendment, with the Director of the Federal Register signing as a witness. This amendment prevents members of Congress from granting themselves pay raises during the current session and is believed to promote more cautious decisions regarding congressional pay.
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Amendments proposed by Congress or convention
The Constitution of the United States provides that an amendment may be proposed by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is also known as a joint resolution, which does not require the signature or approval of the President. Congress has proposed 33 amendments, 27 of which have been ratified by three-fourths of the states and have become part of the Constitution.
The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments. Six amendments proposed by Congress have not been ratified by the required number of states. Four of these amendments are still pending, one has failed by its own terms, and another has failed by the terms of the resolution proposing it.
The second method of proposing amendments is through a constitutional convention, also known as an Article V Convention, state convention, or amendatory convention. This method has never been used. It requires two-thirds of the state legislatures (34 of 50) to request that Congress convene a convention to propose amendments. The concern with this method is that it could become a "runaway convention", where the convention exceeds its scope and proposes amendments that were not intended by the states.
Once an amendment is proposed, either by Congress or a constitutional convention, it is submitted to the states for their consideration. The Governors formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 of 50 states). The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
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The first 10 amendments are the Bill of Rights
The Constitution of the United States has been amended 27 times since it was put into operation on March 4, 1789. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. James Madison wrote these amendments to limit government power and protect individual liberties.
The First Amendment prohibits Congress from making laws that establish a religion or restrict the free exercise of religion, freedom of speech, freedom of the press, the right to assemble, and the right to petition the government. The Second Amendment affirms the right of citizens to keep and bear arms. The Third Amendment states that no soldier can be housed in a private home without the owner's consent. The Fourth Amendment protects citizens from unreasonable government intrusion in their homes by requiring a warrant. The Fifth Amendment provides several protections for people accused of crimes, including the right to due process, protection against double jeopardy, and protection against self-incrimination. The Sixth Amendment provides additional protections for people accused of crimes, including the right to a speedy and public trial, impartial jury, and the right to confront witnesses. The Seventh Amendment extends the right to a jury trial in Federal civil cases. The Eighth Amendment prohibits excessive bail and cruel and unusual punishment.
The Ninth Amendment states that the listing of specific rights in the Constitution does not mean that people do not have other rights that are not explicitly mentioned. The Tenth Amendment affirms that the Federal Government only has the powers delegated to it by the Constitution.
The process of amending the Constitution is outlined in Article Five of the Constitution. Amendments must be proposed and ratified before becoming operative. An amendment may be proposed 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. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states).
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Frequently asked questions
The federal constitution has been amended 27 times.
The process of amending the constitution is called "ratification". An amendment may be proposed and sent to the states for ratification by the U.S. Congress, whenever a two-thirds majority in both the Senate and the House of Representatives deem it necessary. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
More than 11,000 amendments to the Constitution of the United States have been proposed, but only 27 have been ratified.
