Eleanor Finch
The U.S. Constitution has been amended twenty-seven times since it was ratified in 1788. More than 11,000 amendments have been proposed, but only 27 have been ratified. The first ten amendments, known as the Bill of Rights, were passed in 1789 and ratified in 1791. The most recent amendment, the Twenty-Seventh Amendment, was proposed in 1789 but wasn't ratified until 1992. It requires that any changes in pay for members of Congress can't be implemented until after an election.
| Characteristics | Values |
|---|---|
| Total number of amendments proposed | 11,000+ |
| Number of amendments ratified | 27 |
| First 10 amendments (The Bill of Rights) ratified | 1791 |
| Most recent amendment ratified | 1992 |
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What You'll Learn
The Bill of Rights
The US Constitution has been amended 27 times, beginning with the Bill of Rights, which constitutes the first 10 amendments.
The First Congress of the United States proposed 12 amendments to the Constitution on September 25, 1789. Ten of these proposed amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and they constitute the Bill of Rights. The ratified amendments include the following:
First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Second Amendment
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.
Third Amendment
No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Tenth Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
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The Reconstruction Amendments
The 13th Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as a punishment for a crime. It was passed by the U.S. Senate on April 8, 1864, and, after one unsuccessful vote and extensive legislative maneuvering by the Lincoln administration, the House followed suit on January 31, 1865. The 13th Amendment was swiftly ratified by all but three Union states (Delaware, New Jersey, and Kentucky).
The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection of the laws for all persons. Thaddeus Stevens, the Republican floor leader in the House of Representatives, was among the first to advocate for the emancipation of slaves and the enrollment of Black soldiers during the Civil War. On June 13, 1866, Stevens addressed his Congressional colleagues on the Fourteenth Amendment, arguing that it was a golden opportunity to transform the United States from a country that was "half slave and half free."
The 15th Amendment, proposed in 1869 and ratified in 1870, prohibits federal and state governments from denying a citizen's right to vote based on that citizen's "race, color, or previous condition of servitude." The narrow election of Ulysses S. Grant to the presidency in 1868 convinced a majority of Republicans that protecting the franchise of Black men was important for the party's future.
The promise of these amendments was eroded by state laws and federal court decisions throughout the late 19th century. Important Supreme Court decisions that undermined these amendments included the Slaughter-House Cases in 1873 and Plessy v. Ferguson in 1896, which originated the phrase "separate but equal." The full benefits of the Reconstruction Amendments were not realized until the Supreme Court decision in Brown v. Board of Education in 1954 and laws such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
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The process of constitutional amendment
The Constitution of the United States has been amended 27 times since it was first drafted in 1787. The process of amending the Constitution is outlined in Article V of the Constitution.
An amendment can be proposed by the US Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by two-thirds of the state legislatures. However, in practice, all amendments to date have been proposed by Congress. The President does not have a constitutional role in the amendment process, and the joint resolution does not require their signature or approval.
Once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services. The Archivist's role is primarily ministerial, and many duties have been delegated to the Director of the Federal Register.
For an amendment to become part of the Constitution, it must be ratified. Ratification requires approval by three-fourths of the States (38 out of 50). Once the required number of authenticated ratification documents is received by the Office of the Federal Register (OFR), a formal proclamation is drafted for the Archivist to certify the amendment's validity. 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.
The process of amending the Constitution is deliberately difficult and time-consuming. Of the more than 11,000 proposed amendments, only 27 have been ratified. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. These amendments include fundamental rights such as freedom of speech, freedom of religion, and the right to keep and bear arms.
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The role of Congress in proposing and ratifying amendments
The US Constitution has been amended 27 times, with more than 11,000 amendments proposed. The process of amending the Constitution is outlined in Article V, which offers several methods for doing so.
Congress plays a crucial role in proposing and ratifying amendments. Firstly, Congress can propose amendments to the states. However, this requires a two-thirds majority vote in both Houses of Congress. Once an amendment is proposed by Congress, it is sent to the states for ratification. For an amendment to be ratified and added to the Constitution, it must be approved by three-quarters of the states. Congress can specify the mode of ratification, either through state legislatures or state conventions.
Congress can also call for a convention to propose amendments upon the application of two-thirds of state legislatures. This convention can propose amendments independently of Congress's approval. The proposed amendments are then sent to the states for ratification, requiring approval from three-quarters of the states.
Congress has the power to set a time limit for ratification. Typically, Congress includes language in its proposals stating that the amendment will be inoperative unless ratified within seven years. This provision was introduced with the Eighteenth Amendment and has been included in most subsequent proposals.
The role of Congress in the amendment process is significant, as it can initiate and influence the direction of constitutional changes. However, it is important to note that Congress does not have the final say, as the states must also ratify the amendments by a substantial majority.
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The impact of amendments on civil rights and liberties
The US Constitution has been amended 27 times, with over 11,000 amendments proposed. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. These amendments set out certain civil liberties, including freedom of speech, freedom of religion, and the right to bear arms.
The 13th Amendment, ratified in 1865, ended slavery nationwide, except as punishment for a crime. The 14th Amendment, passed in 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people. It also granted citizenship to "all persons born or naturalized in the United States". This amendment also prohibited states from violating the "privileges or immunities of citizens of the United States" and stated that no person could be deprived of "life, liberty, or property, without due process of law".
The 14th Amendment also granted Congress the power to enforce the amendment, which led to the passage of other landmark legislation in the 20th century, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Despite this, the 14th Amendment did not extend the Bill of Rights to the states and failed to protect the rights of Black citizens.
The 6th Amendment protects the right to a speedy and public trial by an impartial jury in criminal cases. It also ensures the accused person's right to hear the charges against them and to face accusing witnesses, as well as allowing them to call their own witnesses and be defended by a lawyer in court. The 7th Amendment requires jury trials for civil cases and prohibits courts from overturning a jury's findings of fact.
The impact of these amendments on civil rights and liberties has been significant. They have expanded and protected the rights of Americans, guaranteeing equal treatment under the law and freedom from discrimination. These amendments have also sparked debate about the interpretation and application of these rights, such as the freedom of speech in the context of social media and the right to bear arms in relation to gun control laws.
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Frequently asked questions
The US Constitution has been amended 27 times.
More than 11,000 amendments to the US Constitution have been proposed.
The first 10 amendments, known as the Bill of Rights, were ratified in 1791.
The Twenty-Seventh Amendment, ratified in 1992, requires that any changes in pay for members of Congress cannot be implemented until after an election.
Thirty-three amendments to the Constitution of the United States have been proposed by Congress and sent to the states for ratification since the Constitution was put into operation on March 4, 1789.
