Omar Bennett
The U.S. Constitution, beginning with the words We the People, is composed of the Preamble, seven articles, and 27 amendments. The process of amending the Constitution involves proposing and ratifying changes to the existing document. Since 1789, there have been over 11,000 proposals to amend the Constitution, with approximately 200 amendments typically proposed during each two-year term of Congress. However, only 27 amendments have been successfully ratified and incorporated into the Constitution. The first 10 amendments, known as the Bill of Rights, were ratified simultaneously in 1791 and form the foundation of individual rights and liberties in the United States.
| Characteristics | Values |
|---|---|
| Total number of amendments proposed | 11,000+ |
| Number of amendments proposed during each two-year term of Congress | 200 |
| Number of amendments with a vote by the full House or Senate since 1999 | 20 |
| Number of amendments ratified | 27 |
| First 10 amendments | The Bill of Rights |
| 13th, 14th, and 15th amendments | The Reconstruction Amendments |
| Number of amendments proposed but not ratified | 6 |
| Number of amendments pending | 4 |
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What You'll Learn
The first 10 amendments, known as the Bill of Rights, were ratified in 1791
The United States Constitution has 27 amendments, with the first 10, known as the Bill of Rights, being ratified in 1791. The Bill of Rights was formally ratified on December 15, 1791, and it encompasses a range of rights and freedoms that are fundamental to American democracy and civic life.
The Bill of Rights was proposed by James Madison, who would go on to become the fourth President of the United States, in response to calls from several states for greater constitutional protection of individual liberties. Madison's proposal was influenced by the Declaration of Independence, English legal traditions, and existing state constitutions.
The First Amendment is perhaps the most well-known and guarantees freedom of religion, speech, and the press, as well as the rights to assemble peaceably and to petition the government. The Second Amendment, which is also highly debated, guarantees the right to keep and bear arms. The Third Amendment prohibits the quartering of soldiers in civilian homes during peacetime without consent.
The Fourth, Fifth, and Sixth Amendments outline key protections for individuals accused of crimes, including protection against unreasonable searches and seizures, the right to due process, and the right to a speedy trial by an impartial jury, among others. The Seventh Amendment guarantees the right to a trial by jury in certain civil cases, while the Eighth Amendment prohibits excessive bail and cruel and unusual punishments.
The Ninth Amendment states that the rights not specifically enumerated in the Constitution are retained by the people, and the Tenth Amendment clarifies that powers not delegated to the federal government are reserved for the states or the people. These amendments form the basis for a wide range of civil liberties and have been central to many landmark Supreme Court decisions over the years.
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The process of amending the constitution
The US Constitution has had 27 amendments, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791. Since 1789, there have been approximately 11,848 proposals to amend the Constitution.
The process of amending the US Constitution is outlined in Article 5 of the US Constitution. This process was built into the Constitution to ensure that it could be changed or amended when deemed necessary by the people to adjust to changing times and to maintain a "living" document.
- A two-thirds majority vote in both houses of Congress (the Senate and the House of Representatives)
- A national convention called by Congress on the application of two-thirds of the state legislatures (34 since 1959)
Once an amendment is proposed, it must be ratified to become a permanent part of the Constitution. Ratification can occur through one of the following methods:
- Approval by three-fourths of the state legislatures (38 since 1959)
- Approval at state ratifying conventions in three-fourths of the states (38 since 1959)
The only amendment to be ratified through the second method thus far is the Twenty-first Amendment in 1933, which repealed the Eighteenth Amendment (ratified in 1919) and ended the prohibition of alcohol.
It is important to note that the process of amending the Constitution is deliberately designed to be difficult, ensuring that the Constitution remains a permanent and stable framework for the nation.
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Amendments that were not ratified
The US Constitution has 27 amendments, with the first 10 amendments being ratified on December 15, 1791, and known as the Bill of Rights. However, there have been several proposed amendments that were not ratified by the requisite number of states.
One notable example is the Corwin Amendment, approved by Congress in 1861, which guaranteed the right of states that legalized slavery to maintain it. Despite being passed by Congress just two days before Abraham Lincoln became President, it was not ratified by enough states.
Another proposed amendment that failed to be ratified was the so-called "Divorce Amendment" from 1921, which sought to give Congress the power to establish and enforce uniform laws regarding marriage and divorce, while allowing states to exclude causes for absolute divorce for their citizens.
In 1933, Representative Wesley Lloyd of Washington proposed an amendment to outlaw millionaires, which also did not make it through the ratification process. Similarly, in 1924, a proposed Child Labor Amendment was submitted to the states but failed to be ratified by enough legislatures.
In addition, residents of Potter County, Pennsylvania, once petitioned Congress to amend the Constitution to eliminate both the Senate and the Presidency, as they were unhappy with the Senate for prioritizing the interests of the wealthy over the common good. Unfortunately for them, this proposal never even made it to the Senate.
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Amendments that were repealed
The US Constitution has 27 amendments, the first 10 of which are collectively known as the Bill of Rights.
Of these 27 amendments, only one has ever repealed another: the Twenty-First Amendment, which repealed the Eighteenth Amendment. The Eighteenth Amendment, which was ratified in 1919, prohibited "the manufacture, sale, or transportation of intoxicating liquors". The Twenty-First Amendment, which repealed this prohibition, was ratified on 5 December 1933. Mississippi was the last state to lift its Prohibition-era laws in 1966, while Kansas lifted its ban on public bars in 1987.
The Eighteenth Amendment was the result of a decades-long campaign by the temperance movement, which argued that prohibition would eliminate poverty and social problems such as immoral sexual behaviour and violence. It was also supported by groups such as the Woman's Christian Temperance Union and churches. Initially, the amendment appeared to have positive effects, with a decline in crimes related to alcohol consumption and fewer hospitalizations for alcoholism and liver-related issues.
However, over time, the amendment proved difficult to enforce. Illegal alcohol production increased to meet demand, and the illegal alcohol industry grew ties with organised crime groups. Public sentiment began to turn against Prohibition during the 1920s, and Franklin D. Roosevelt called for its repeal during his 1932 presidential campaign. Ultimately, the Twenty-First Amendment repealed the Eighteenth Amendment, ending the Prohibition Era.
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Amendments and their historical context
The US Constitution has 27 amendments, the first 10 of which are collectively known as the Bill of Rights. These amendments were ratified on December 15, 1791, and form what is known as the "Bill of Rights".
The first amendment guarantees freedom of religion, speech, and the press, as well as the right to assemble and petition the government. It also protects the right of the people to keep and bear arms. The second amendment states that the "well-regulated militia" is necessary for the security of a free state and that the right of the people to keep and bear arms shall not be infringed.
The 13th, 14th, and 15th amendments are collectively known as the Reconstruction Amendments. The 14th Amendment modified Article I, Section 2 of the Constitution, defining citizenship and guaranteeing due process and equal protection under the law. It also addressed issues related to representation in Congress.
The 12th Amendment modified Article II, Section 1 of the Constitution, outlining the process for the Electoral College to elect the President and Vice President, including separate ballots for each position. It also established the meeting date for the Electoral College and outlined the procedure in case of a tie or the death of the President-elect.
The 21st Amendment, ratified in 1933, is the only amendment that explicitly repeals a previous one. It repealed the 18th Amendment, ending the prohibition of alcohol.
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Frequently asked questions
The US Constitution has 27 amendments.
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.
