Eleanor Finch
The United States Constitution has been amended 27 times since it was drafted in 1787, including the first ten amendments, known as the Bill of Rights, which were ratified in 1791. The process of amending the Constitution is deliberately difficult, and it has only been amended a few times in the last century. Amendments can be proposed by Congress 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 states). This process is overseen by the Archivist of the United States, who administers the ratification process and issues a certificate when an amendment becomes operative.
| Characteristics | Values |
|---|---|
| Number of amendments made to the US Constitution | 27 |
| Number of amendments proposed by US Congress | 33 |
| Number of amendments ratified by the requisite number of states | 27 |
| Number of amendments pending ratification | 4 |
| Number of amendments closed and failed by their own terms | 1 |
| Number of amendments closed and failed by the terms of the resolution proposing it | 1 |
| Number of states required for ratification | 38 |
| Percentage of states required for ratification | 75% |
| Number of states overall | 50 |
| Number of states requiring majority voter approval for amendments | 4 |
| Number of states with citizen-initiative processes for amendments | 17 |
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What You'll Learn
The US Constitution has been amended 27 times
Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a constitutional convention can be called for by two-thirds of state legislatures. However, this has never occurred. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50 states) to become part of the Constitution. This can be achieved through state legislatures or state ratifying conventions.
Some notable amendments include the 13th, 14th, and 15th Amendments, collectively known as the Reconstruction Amendments. Other significant amendments include granting women the right to vote, enacting and repealing Prohibition, abolishing poll taxes, and lowering the minimum voting age to 18.
The amendment process is time-consuming and challenging, with only a few amendments being adopted in the last century. The most recent amendment, the Twenty-first Amendment, was ratified in 1933 and repealed the Eighteenth Amendment, which established the prohibition of alcohol.
While the US Constitution has been amended 27 times, state constitutions are amended more frequently. State constitutional amendments are adopted regularly, with some states amending their constitutions multiple times a year. The current constitutions of the 50 states have been amended approximately 7,000 times.
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Amendments must be ratified by three-fourths of states
The United States Constitution has been amended 27 times since it was drafted in 1787. The process of amending the Constitution is deliberately challenging, and amendments must meet certain requirements to be ratified successfully. One of the critical requirements is that amendments must be ratified by three-fourths of the states, or 38 out of 50 states, to become an operative part of the Constitution.
This requirement ensures that any changes to the nation's founding document reflect the will of a significant majority of the states. The ratification process can occur through one of two methods. The first method involves gaining the approval of the legislatures of three-fourths of the states. This method has been the more common approach, with the Twenty-first Amendment, repealing Prohibition, being the only amendment ratified through state legislatures.
The second method involves convening state ratifying conventions in three-fourths of the states. While this method has been less commonly used, it remains a valid option for states to consider when presented with a proposed amendment. The choice between the two methods is determined by Congress, which plays a pivotal role in the amendment process.
The process of amending the Constitution begins with a proposal by Congress, which must pass with a two-thirds majority vote in both the House of Representatives and the Senate. Notably, none of the 27 amendments to date have been proposed by a constitutional convention, despite the Constitution providing this as an alternative route to initiate the amendment process. Once an amendment is proposed, the Archivist of the United States administers the ratification process, following established procedures and customs.
While the specific ratification process is not outlined in detail in the Constitution, the requirement for ratification by three-fourths of the states ensures that any changes to the Constitution are widely accepted and reflect the interests of a substantial cross-section of the country. This requirement, along with the challenging nature of the amendment process, underscores the framers' intention to create a durable and resilient governing document.
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Congress proposes amendments with a two-thirds majority
The process of amending the U.S. Constitution is deliberately difficult, and it has only 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, 17 more amendments have been added, most recently in 1971.
The role of Congress in proposing amendments is significant. It has the power to initiate the amendment process and shape the content of the proposed changes. Congress can propose amendments that reflect the needs and interests of the country as a whole, ensuring that the Constitution remains responsive to societal changes and evolving perspectives.
However, the two-thirds majority requirement also means that Congress must engage in negotiation and compromise to secure the necessary votes. This process can be lengthy and complex, as members of Congress must find common ground and build consensus. It ensures that amendments are carefully considered and that a substantial proportion of both chambers agree with the proposed changes.
Once an amendment is proposed by Congress, it is then sent to the states for ratification. This step involves seeking approval from three-fourths of the state legislatures or state ratifying conventions, adding another layer of scrutiny and ensuring that the amendment reflects the will of the people in a majority of states.
The process of Congress proposing amendments with a two-thirds majority plays a crucial role in maintaining the stability and longevity of the U.S. Constitution. It strikes a balance between the need for adaptability and the importance of preserving the foundational principles of the nation.
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State legislatures generate most amendments
The U.S. Constitution has been amended 27 times since it was drafted in 1787. Amending this document is a challenging and time-consuming process. A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states (38 out of 50 states). State legislatures generate more than 80% of constitutional amendments approved each year.
The process of amending the Constitution begins with a proposal by Congress, which is then sent to the states for ratification. While Congress has the authority to initiate the amendment process, it is the state legislatures that ultimately decide whether to adopt the proposed changes. This is where the significant role of state legislatures comes into play.
State legislatures have two main paths to generating amendments. The first option is to secure the backing of a majority of legislators, while the other option requires supermajority legislative support. Some states require amendments to be proposed or approved by a supermajority legislative vote in a single session, with varying thresholds such as a three-fifths vote or a two-thirds vote. The easiest approach is to allow amendments to be approved by a majority vote in a single session, which is possible in 10 states.
The involvement of state legislatures in the amendment process ensures that any changes to the Constitution reflect the diverse perspectives and interests of different states. This distributed amendment process also helps to safeguard against hasty or unilateral changes to the nation's foundational document.
In addition to the role of state legislatures, it is worth noting that states have other avenues for enacting amendments. These include citizen-initiative processes, which are currently available in 17 states, and constitutional conventions, which have not yet been utilized for proposing amendments. The variation in amendment processes across states contributes to the overall complexity of amending the U.S. Constitution.
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The first 10 amendments were the Bill of Rights
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, and are particularly significant as they outline the civil rights and liberties of individuals.
The First Amendment, for instance, protects the right to express ideas and practices through speech, writing, religion, and the press. It also protects the right to assemble or gather with a group to protest or for other reasons and to petition the government to address problems. The freedom to speak and worship freely was considered a natural right by the Founding Fathers, and Congress is prohibited from making laws that restrict these freedoms.
The Fourth Amendment protects citizens' privacy by requiring a warrant for searches and seizures, thus safeguarding them from unreasonable government intrusion into their homes. The Fifth Amendment provides several protections for those accused of crimes, including the right to a grand jury for serious criminal charges, protection against double jeopardy, and the right to just compensation for property taken. It also includes the right against self-incrimination and the right to due process of law.
The Sixth Amendment provides additional protections for the accused, including the right to a speedy and public trial, an impartial jury, and the right to be informed of criminal charges. The Ninth Amendment specifies that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people. The Tenth Amendment reserves powers not delegated to the federal government to the states or the people.
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Frequently asked questions
The Constitution of the United States has been amended 27 times since it was drafted in 1787. The last amendment was in 1933, meaning amendments have been made roughly once every 17 years. However, this is an average, and there have been periods of more frequent amendments.
Amendments are proposed relatively frequently. Thirty-three amendments have been proposed since the Constitution was put into operation on March 4, 1789. Six of these amendments have not been ratified by the required number of states.
State constitutions are amended much more frequently than the U.S. Constitution. The constitutions of Alabama, Louisiana, South Carolina, Texas, and California are amended more than three to four times per year, on average. In contrast, the constitutions of Tennessee, Kentucky, Indiana, Illinois, and Vermont are amended only once every three to four years, on average.
Requirements for legislative support for amendments vary by state. Some states require amendments to secure the backing of a majority of legislators, while others require supermajority legislative support. Twenty-five states require supermajority legislative support, with nine requiring a three-fifths vote and sixteen requiring a two-thirds vote.
