Amendments: The Constitution's Evolution

how manyu amendments does the constitution have

The U.S. Constitution 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 in 1791. Since then, thousands of proposals to amend the Constitution have been introduced in Congress, with members of the House and Senate proposing around 200 amendments during each two-year term. However, none of the recent proposals have become part of the Constitution, and only about 20 proposed amendments have received a vote by either the full House or Senate since 1999. The process of amending the Constitution involves proposing and ratifying amendments by either a two-thirds majority in both the Senate and the House of Representatives or a national convention called by Congress. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.

Characteristics Values
Total Amendments Proposed 11,000+
Total Amendments Proposed Since 1789 11,848
Total Amendments 27
Total Amendments Ratified by the Required Number of States 27
Amendments Proposed During Each Two-Year Term of Congress 200
Amendments Proposed with Necessary Two-Thirds Support Since 1999 ~20
First 10 Amendments The Bill of Rights
13th, 14th, and 15th Amendments The Reconstruction Amendments
Amendments Not Ratified by the Required Number of States 6
Amendments Still Pending 4

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The first 10 amendments are the Bill of Rights

The US Constitution has 27 amendments, beginning with the Bill of Rights, which comprises the first 10 amendments. These were ratified on December 15, 1791, and outline the freedoms and rights of the people, as well as limiting government power.

The First Amendment prohibits Congress from making laws that establish a religion or impinge on 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 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 ensures that no soldier can be quartered in a private home without the owner's consent, except as prescribed by law.

The Fourth Amendment protects citizens from unreasonable searches and seizures, requiring warrants to be issued with probable cause and describing the place to be searched and items to be seized.

The Fifth Amendment provides protections for those accused of crimes, including the requirement of a grand jury for serious criminal charges, protection against double jeopardy, protection against self-incrimination, and the right to just compensation for property.

The Sixth Amendment offers additional protections for the accused, such as the right to a speedy and public trial, an impartial jury, and the right to confront witnesses, among other rights.

The Seventh Amendment extends the right to a jury trial to Federal civil cases.

The Eighth Amendment prohibits excessive bail and fines and bars cruel and unusual punishment.

The Ninth Amendment states that the listing of specific rights in the Constitution does not deny other rights retained by the people.

The Tenth Amendment affirms that the Federal Government only has the powers delegated to it by the Constitution, with all other powers being retained by the states or the people.

These first 10 amendments form the foundation of individual liberties and limits on government power in the United States. They have been influential in shaping the country's legal system and continue to be relevant today.

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The 13th, 14th, and 15th amendments are the Reconstruction Amendments

The US 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 13th, 14th, and 15th Amendments, also known as the Reconstruction Amendments, were ratified between 1865 and 1870, following the US Civil War and the assassination of Abraham Lincoln. These amendments were essential to reuniting the United States during Reconstruction, and they remain in use today. The Confederate states were required to ratify the 13th and 14th Amendments to be readmitted to the Union.

The 13th Amendment abolished slavery in the entirety of the United States, granting Congress the right to enforce this with appropriate legislation. The 14th Amendment ensured that the Bill of Rights applied to all citizens, regardless of race, and provided for "equal protection of the laws" under federal and state governments. It also eliminated the three-fifths rule and punished states that did not permit male citizens over 21 years old to vote.

The 15th Amendment expanded voting rights by prohibiting discrimination based on "race, color, or previous condition of servitude." It secured the right to vote for Black men, making it illegal to refuse them the right to vote on account of race or previous servitude.

The Reconstruction Amendments provided the constitutional basis for federal legislation such as the Civil Rights Acts of 1866 and 1875 and the Enforcement Acts of 1870-71. These laws aimed to end slavery, ensure full citizenship, civil rights, and voting rights for African Americans, and address growing violence and intimidation against freed African Americans in the South.

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The process of amending the Constitution

The US Constitution has 27 amendments. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791.

The authority to amend the Constitution comes from Article V of the Constitution. The process of amending the Constitution involves several steps and requirements. Firstly, an amendment can 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. It is important to note that none of the current amendments were proposed by constitutional convention. Congress proposes amendments in the form of a joint resolution, which does not require the President's signature or approval. Instead, the original document is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR then adds legislative history notes to the joint resolution and publishes it in slip law format, as well as creating an information package for the states.

Once an amendment is proposed, the Archivist of the United States, who heads the NARA, is responsible for administering the ratification process under 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 procedures and customs established by the Secretary of State and the Administrator of General Services. When an amendment is sent to the states for ratification, the Archivist plays a crucial role in overseeing this process.

For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). The OFR verifies that the required number of authenticated ratification documents has been received before drafting a formal proclamation. The Archivist then certifies that the amendment is valid and has become an operative 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 has been completed. In recent times, the signing of the certification has become a ceremonial event witnessed by dignitaries, including the President on some occasions.

Since the early 20th century, Congress has occasionally stipulated a deadline for ratification, requiring that an amendment be ratified by the specified number of states within a set period, often seven years from the date of its submission to the states. Congress's authority to set such deadlines was affirmed by the Supreme Court in 1939 in Coleman v. Miller (307 U.S. 433). While approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789, only 27 amendments have successfully become part of the Constitution.

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Amendments that were never ratified

The US Constitution has 27 amendments, but more than 11,000 amendments have been proposed in congressional history, according to the Senate's historian. Just 37 proposed amendments were approved by Congress for submission to the states, and 27 were approved, including the Bill of Rights. One amendment in the original Bill of Rights was rejected, and six other congressionally approved amendments weren't ratified by the states.

Corwin Amendment

Also known as the "No Amendment Amendment", it was proposed by Ohio Representative Thomas Corwin in 1861. It prohibited Congress from interfering with the domestic institutions of any state, including slavery. It was ratified by two states and possibly a third, but it failed to gain enough support to become part of the Constitution.

This amendment was proposed in 1810 and stated that any citizen who accepted a title of nobility or a gift from a foreign power without the consent of Congress would no longer be considered a citizen. There is some debate about whether this amendment was ratified or not. Congressional research shows that it was ratified by twelve states, the last being in 1812.

Child Labor Amendment

This amendment, proposed in 1926, granted Congress the power to regulate the labor of children under the age of 18. It has been ratified by 28 states, but it has not been ratified by the required three-fourths of the states to become part of the Constitution.

District of Columbia Voting Rights Amendment

This amendment, proposed in 1978, granted citizens of Washington, D.C., full representation in Congress and repealed the 23rd Amendment, which granted the District votes in the Electoral College. It passed in the House but fell one vote short in the Senate. It expired unratified in 1985.

Flag Desecration Amendment

In 2006, this amendment came within one vote of passing the Senate, after the House approved it in 2005.

Some other notable proposals that did not make it to the amendment stage include:

  • Renaming the United States as "the United States of the Earth"
  • Outlawing millionaires
  • Eliminating the office of the President and replacing it with a three-person tribunal

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Amendments that repealed other amendments

The US Constitution has 27 amendments, the first 10 of which are collectively known as the Bill of Rights. Since the Constitution was put into operation on March 4, 1789, 33 amendments have been proposed by the US Congress and sent to the states for ratification.

The Twenty-first Amendment, which repealed the Eighteenth Amendment, is the only amendment to the US Constitution that explicitly repeals an earlier one. The Eighteenth Amendment, ratified in 1919, established the prohibition of alcohol. However, it soon proved highly unpopular, with soaring crime rates and a thriving black market for alcohol. As more Americans opposed it, a political movement for its repeal grew. The Twenty-first Amendment, ratified in 1933, repealed the Eighteenth Amendment and ended Prohibition. It also included a provision banning the importation of alcohol into states and territories that continued to prohibit it.

Frequently asked questions

There are 27 amendments to the US Constitution.

Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.

The first 10 amendments are known as the Bill of Rights.

To become part of the Constitution, an amendment must be ratified by three-fourths of the states.

Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress.

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