Eleanor Finch
The United States Constitution has been amended 27 times since it was enacted on March 4, 1789, with approximately 11,848 proposals to amend it having been introduced in Congress during this period. Amendments must be proposed and ratified before becoming operative. An amendment can be proposed by either a two-thirds majority in both the Senate and the House of Representatives or a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-quarters of the states. The Archivist of the United States is responsible for administering the ratification process, and upon completion, they issue a certificate proclaiming that an amendment has become an operative part of the Constitution.
| Characteristics | Values |
|---|---|
| Total number of amendments proposed | 33 |
| Number of amendments ratified | 27 |
| First 10 amendments | Ratified on December 15, 1791, and form what is known as the "Bill of Rights" |
| 11th Amendment | Passed by Congress on March 4, 1794, and ratified on February 7, 1795 |
| 12th Amendment | Passed by Congress on December 9, 1803, and ratified on June 15, 1804 |
| 13th Amendment | Passed by Congress on June 13, 1866, and ratified on July 9, 1868 |
| 14th Amendment | Passed by Congress on June 13, 1866, and ratified on July 9, 1868 |
| 16th Amendment | Passed by Congress on July 2, 1909, and ratified on February 3, 1913 |
| 17th Amendment | Passed by Congress on May 13, 1912, and ratified on April 8, 1913 |
| Authority to amend | Article V of the Constitution |
| Proposal of amendments | 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 |
| Ratification of amendments | By three-fourths of the states (38 out of 50) |
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What You'll Learn
The ratification process
The process of amending the United States Constitution is outlined in Article V of the Constitution. The process begins with a proposal for an amendment, which can be made in two ways. Firstly, the proposal can be initiated by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of State legislatures can request that Congress call a Constitutional Convention to propose amendments. However, in practice, all amendments have been proposed by Congress, and no Constitutional Convention has ever been called.
Once a proposal has been made, it is sent to the States for ratification. Congress determines whether ratification must be made by the State legislatures or by ratifying conventions, with three-quarters of the States required to ratify the amendment for it to become part of the Constitution. This process has been used for all amendments except for the Twenty-First Amendment, which repealed Prohibition, where ratifying conventions were used.
When a State ratifies a proposed amendment, it sends an original or certified copy of the State action to the Archivist of the United States, who administers the ratification process. The Archivist then conveys this to the Director of the Federal Register, who examines the documents for authenticity and legal sufficiency. If the documents are in order, the Director acknowledges receipt and maintains custody of them until an amendment is adopted or fails, at which point they are transferred to the National Archives for preservation.
Once three-quarters of States (38 out of 50) have ratified the amendment, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
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Amendments and their effects
The United States Constitution has a two-step process for amendments, as outlined in Article Five. Amendments must be proposed and ratified before they become operative. This process is designed to balance the need for change with stability. An amendment can be proposed by a two-thirds majority in both the Senate and House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. However, this latter method has never been used.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states, either through their legislatures or state ratifying conventions. The Twenty-first Amendment, ratified in 1933, is the only amendment to be ratified through state conventions. It repealed the Eighteenth Amendment, ending the prohibition of alcohol.
There have been 27 amendments to the Constitution, with the first 10, known as the Bill of Rights, being ratified simultaneously on December 15, 1791. The 13th, 14th, and 15th Amendments, known as the Reconstruction Amendments, were also significant, addressing issues like slavery and citizenship.
The process of amending the Constitution is not easy, and it requires broad support for an amendment to be successful. Since 1789, approximately 11,848 proposals have been introduced, with around 200 amendments typically proposed during each two-year term of Congress. However, none of the proposals made in recent decades have become part of the Constitution, and most die in congressional committees.
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The amendment proposal
The process of amending the US Constitution is detailed in Article Five of the US Constitution. Amendments must be properly proposed and ratified before becoming operative.
An amendment may be proposed and sent to the states for ratification by either:
- The US Congress, whenever a two-thirds majority in both the Senate and the House of Representatives deem it necessary; or
- A national convention, called by Congress for this purpose, on the application of the legislatures of two-thirds of the states (34 since 1959).
To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 since 1959) by either (as determined by Congress):
- The legislatures of three-fourths of the states; or
- State ratifying conventions in three-fourths of the states.
The Archivist of the United States is responsible for administering the ratification process. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
Once an amendment has been ratified by three-fourths of the states, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and to the Nation that the amendment process has been completed.
As of January 3, 2019, approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789. Thirty-three amendments to the Constitution have been proposed by the US Congress and sent to the states for ratification. Twenty-seven of those amendments have been ratified by the requisite number of states and are part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791.
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The role of Congress
The United States Constitution has been amended 27 times since it was first adopted, with 33 amendments proposed by the United States Congress. Amendments must be proposed and ratified before becoming operative, and this process is outlined in Article V of the Constitution. Congress plays a crucial role in this process and must propose an amendment with a two-thirds majority in both the Senate and the House of Representatives. This means that 290 out of 435 members of the House and 67 out of 100 members of the Senate must agree. Once Congress approves the amendment, it is sent to the states for ratification.
The second step in the process is ratification by the states. Here, three-fourths of the states (38 out of 50) must approve the amendment for it to be enacted. This gives the states significant power in the amendment process, as they can either support or reject proposed changes. This two-step process was designed to strike a balance between the need for change and maintaining stability.
Congress has, on several occasions, stipulated a deadline for ratification by the states, usually within seven years of the submission of an amendment. This authority was affirmed by the Supreme Court of the United States in 1939. Congress also has the power to call a national convention for proposing amendments, although this option has never been used.
In summary, Congress plays a significant role in the amendment process by initiating it through a two-thirds majority vote in both chambers. This is followed by the crucial step of ratification by the states, which ensures that only widely supported amendments become part of the Constitution.
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The Archivist's role
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process of constitutional amendments. This responsibility is derived from Article V of the Constitution and 1 U.S.C. § 106b.
When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is then conveyed to the Director of the Federal Register. The Federal Register examines the ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. Once an amendment has been ratified by three-fourths of the states (38 out of 50), the Federal Register drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become 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.
To date, the Archivist of the United States has only certified one constitutional amendment: the 27th Amendment, which was ratified in 1992. This amendment limits Congress's ability to change its pay until the next term. The lengthy period between the amendment's proposal in 1789 and its ratification raised some controversy regarding the Archivist's actions.
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Frequently asked questions
There have been 27 amendments to the US Constitution, with 33 proposed.
The authority to amend the Constitution comes from Article V of the Constitution. Amendments must be proposed and ratified before becoming operative. An amendment can be proposed by Congress with a two-thirds majority in both the House and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. To be ratified, an amendment must be passed by three-fourths of state legislatures.
The first 10 amendments to the US Constitution, ratified on December 15, 1791, are collectively known as the Bill of Rights.
The 11th Amendment modified Article III, section 2, of the Constitution. It states that the judicial power of the US does not extend to any suit in law or equity against one of the US states by citizens of another state or foreign state.
The 13th Amendment superseded a portion of Article IV, section 2, of the Constitution. It abolished slavery and involuntary servitude, except as punishment for crimes.
