Malcolm Rivera
The United States Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1791. The process of amending the Constitution is intentionally difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority in both houses of Congress and then ratified by three-fourths of the state legislatures. More than 11,000 amendments have been proposed, but only 27 have been successfully ratified and incorporated into the Constitution. The last amendment, the 27th, was certified by the Archivist of the United States in 1992, marking the completion of the amendment process.
| Characteristics | Values |
|---|---|
| Total number of amendments to the US Constitution | 27 |
| Number of proposed amendments | 11,000+ |
| Number of proposed amendments sent to states for ratification | 33 |
| Number of amendments ratified by the requisite number of states | 27 |
| Number of amendments not ratified by the required number of states | 6 |
| Number of unratified amendments still pending | 4 |
| Number of amendments proposed by constitutional convention | 0 |
| Number of amendments ratified through state ratifying conventions in 3/4ths of states | 1 |
| Number of amendments that have been repealed | 1 |
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What You'll Learn
The amendment process
The process of amending the United States Constitution is intentionally difficult. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1791. More than 11,000 amendments have been proposed, but only 27 have been ratified.
Amendments can be proposed by Congress or a constitutional convention. When proposed by Congress, a proposed amendment must be passed by a two-thirds majority in both the House of Representatives and the Senate. The President does not have a constitutional role in the amendment process. When proposed by a constitutional convention, two-thirds of the state legislatures must request that Congress call such a convention. To date, no amendments have been proposed by constitutional convention.
Once an amendment is proposed, it is sent to the states for ratification. An amendment must be ratified by three-fourths of the states (38 of 50 states) to become part of the Constitution. Ratification can occur through the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The only amendment to be ratified through the latter method is the Twenty-first Amendment in 1933, which repealed the Eighteenth Amendment (ratified in 1919) and ended the prohibition of alcohol.
Upon ratification, the Archivist of the United States issues a certificate proclaiming that an amendment has become an operative part of the Constitution. The certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice that the amendment process has been completed. In recent history, the signing of the certification has become a ceremonial function attended by dignitaries, including sometimes the President.
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The number of amendments
The Constitution of the United States has been amended 27 times since it was drafted in 1787. The first 10 amendments, known as the Bill of Rights, were ratified in 1791. The process of amending the Constitution is intentionally difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority in both houses of Congress, and then ratified by the legislatures of three-fourths of the states (38 out of 50 states).
The amendment process can also be initiated by two-thirds of the state legislatures requesting that Congress call a Constitutional Convention. However, this option has never been exercised. Once an amendment is ratified, the Archivist of the United States administers the ratification process and issues a certificate proclaiming the amendment as an operative part of the Constitution.
In total, over 11,000 amendments to the Constitution have been proposed, but only 27 have been successfully ratified and incorporated into the Constitution. The process ensures that amendments are reserved for significant changes affecting all Americans or securing the rights of citizens.
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The first 10 amendments
The process of amending the United States Constitution is intentionally difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states. Since the Constitution was drafted in 1787, it has been amended only 27 times. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791.
The First Amendment guarantees freedoms regarding religion, speech, assembly, and petitions. It also protects the right to bear arms. The Second Amendment, meanwhile, affirms the right to bear arms. The Third Amendment prohibits the quartering of soldiers in civilian homes during peacetime without consent. The Fourth Amendment establishes the right to be secure in one's person, home, and property against unreasonable searches and arrests.
The Fifth Amendment provides several protections for people accused of crimes. It states that serious criminal charges must be initiated by a grand jury and that a person cannot be tried twice for the same offence (double jeopardy). It also protects against self-incrimination and guarantees 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 legal representation.
The Seventh Amendment extends the right to a jury trial in federal civil cases. The Eighth Amendment prohibits excessive bail and fines and cruel and unusual punishment. The Ninth Amendment states that the listing of specific rights in the Constitution does not deny or disparage other rights retained by the people. Finally, the Tenth Amendment affirms that powers not delegated to the federal government by the Constitution are reserved for the states.
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The difficulty of amending
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers made amending the document a difficult task. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1791.
The amendment process is deliberately difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress, and then ratified by the legislatures of three-fourths of the states. This is a high bar to clear, and many proposed amendments have failed to achieve this. For example, the ERA Amendment did not pass the necessary majority of state legislatures in the 1980s.
Another option to start the amendment process is for two-thirds of state legislatures to call for a Constitutional Convention. However, this has never happened. A retired federal judge, Malcolm R. Wilkey, called for a new convention, arguing that "the Constitution has been corrupted by the system which has led to gridlock, too much influence by interest groups, and members of Congress who focus excessively on getting reelected".
Even when an amendment is ratified by the required number of states, the process is not complete. The Archivist of the United States is responsible for administering the ratification process and issuing a certificate proclaiming that an amendment has become an operative part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice that the amendment process has been completed.
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The ratification process
The United States Constitution has been amended 27 times since it was drafted in 1787. The process of amending the Constitution is intentionally difficult and time-consuming. A proposed amendment must be passed by two-thirds of both houses of Congress, and then ratified by the legislatures of three-fourths of the states (38 out of 50 states).
Once a proposed amendment secures the required majority in Congress, it is forwarded to the Office of the Federal Register (OFR) for processing and publication. The OFR enhances the joint resolution with legislative history notes and publishes it in slip law format. Additionally, the OFR compiles an information package for the states, which includes formal "red-line" copies of the joint resolution and other relevant documents.
After an amendment is ratified by the required number of states, the OFR verifies the receipt of authenticated ratification documents. Subsequently, a formal proclamation is drafted for the Archivist to certify that the amendment is valid and has become an integral part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as an official notification to Congress and the nation that the amendment process has been successfully completed. The signing of this certification has become a ceremonial event witnessed by dignitaries, including the President on some occasions.
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Frequently asked questions
The US Constitution has been amended 27 times since it was drafted in 1787.
More than 11,000 amendments to the US Constitution have been proposed, but only 27 have been ratified.
A Constitutional Convention has never been called to propose amendments to the US Constitution.
Six amendments proposed by Congress have not been ratified by the required number of states.
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