Omar Bennett
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments can be interwoven into the relevant sections of an existing constitution, directly altering the text. Alternatively, they can be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document. Amendments are often proposed 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. Once an amendment is ratified by three-fourths of the states, it becomes part of the Constitution. Since the US Constitution was put into operation on March 4, 1789, there have been 27 amendments, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791.
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What You'll Learn
The process of amending the US Constitution
The US Constitution and its amendments are not the same. The US Constitution is the foundational document that establishes the structure and powers of the US government, while amendments are changes or additions made to the Constitution. So far, there have been 27 amendments to the US Constitution.
- Congressional Proposal: The amendment is proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a role in this process.
- Constitutional Convention: A constitutional convention is called for by two-thirds of the State legislatures. However, in the history of the US, none of the amendments have been proposed by a constitutional convention.
Once an amendment is proposed, it must be ratified to become an official part of the Constitution. Ratification can occur through one of two methods:
- State Legislature Ratification: The proposed amendment must be ratified by three-fourths of the State legislatures (38 out of 50 States).
- Constitutional Convention Ratification: If the amendment is proposed by a constitutional convention, it must be ratified by three-fourths of the States through their conventions.
The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist works with the Director of the Federal Register to follow established procedures and customs. Once the required number of ratification documents is received, the Archivist certifies 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.
Amending the Constitution: What's Next?
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The ratification of amendments
The Constitution of the United States is a foundational legal document that outlines the fundamental principles, structures, and powers of the federal government. It establishes the rights and responsibilities of the government and the people, and it is the supreme law of the land. The Constitution has been amended several times since its ratification in 1788 to address the changing needs and circumstances of the nation.
Amendments are changes or additions made to the Constitution. They are made through a formal process outlined in Article V of the Constitution. There have been 27 amendments to the Constitution so far, beginning with the Bill of Rights, which comprises the first 10 amendments ratified on December 15, 1791.
The process of ratifying an amendment begins with a proposal. An amendment may be proposed 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. Once proposed, the amendment is submitted to the States for their consideration.
To be ratified, an amendment must be approved by three-fourths of the States (38 out of 50). When a State ratifies an amendment, it sends an original or certified copy of the State action to the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist delegates the responsibility for administering the ratification process to the Director of the Federal Register. The Director examines the ratification documents for legal sufficiency and authenticity of signatures.
Once the required number of authenticated ratification documents is received, the Director acknowledges receipt and maintains custody of them. The next step is to draft 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 is complete.
The Tenth Amendment: Powers Reserved to the States
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Amendments and their effects on the Constitution
The US Constitution has a two-step process for amendments, as outlined in Article Five. Amendments must be proposed and ratified before becoming operative. This is done to balance the need for change with the need for stability. Amendments 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, typically within seven years of being proposed. This deadline was affirmed by the Supreme Court in 1939. Without a deadline, an amendment can be ratified indefinitely after being proposed.
There have been 27 amendments to the Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791. These include the freedom of speech, freedom of the press, and the right to keep and bear arms. The 13th, 14th, and 15th amendments are known as the Reconstruction Amendments, and the 18th Amendment prohibited liquor, though this was later repealed by the 21st Amendment.
Amendments have had a significant impact on the Constitution, shaping and refining it to meet the needs of a changing society. They have addressed a range of issues, from fundamental freedoms and rights to the election of the President and income tax. The process of amending the Constitution has been an important tool for ensuring that the nation's plan of government remains responsive to the people it serves.
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Amendments as supplemental additions
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often woven into the relevant sections of an existing constitution, directly altering the text. However, they can also be appended to the constitution as supplemental additions (codicils), thereby changing the framework of the government without altering the existing text of the document.
The process of amending a constitution varies across jurisdictions. For example, the Federal Republic of Germany uses a Basic Law as its constitution, which can be amended only by a law that expressly amends or supplements its text. In Austria, if a constitutional amendment limits the powers of the states, a two-thirds majority in the Federal Council is required. In Belgium, the constitution can be amended by the federal legislative power, which consists of the King and the Federal Parliament.
In the United States, there have been 27 amendments to the Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791. Amendments to the US Constitution have addressed a range of issues, including the right to bear arms, searches and seizures, rights in criminal prosecutions, civil trial rights, and the abolition of slavery. The most recent amendment, the Twenty-seventh Amendment, addresses congressional compensation.
How the Constitution Was Amended
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The number of amendments to the Constitution
The Constitution and Amendments are not the same. The Constitution is the structural framework of the US government, comprising seven articles, while Amendments are changes or additions to the Constitution.
There have been 27 amendments to the US Constitution, beginning with the Bill of Rights, the first 10 amendments, which were ratified on December 15, 1791. The amendments include:
- The first amendment, which covers fundamental freedoms, such as freedom of speech and religion.
- The second amendment, which gives citizens the right to bear arms.
- The third amendment, which prohibits the quartering of soldiers in civilian homes during peace time without consent or in times of war without the owner's consent.
- The fourth amendment, which protects citizens against unreasonable searches and seizures.
- The fifth amendment, which guarantees the rights of persons, including the right to remain silent and protection against double jeopardy.
- The sixth amendment, which outlines the rights of the accused in criminal prosecutions, such as the right to a speedy trial and public trial.
- The seventh amendment, which ensures civil trial rights, including the right to a trial by jury in certain cases.
- The eighth amendment, which prohibits cruel and unusual punishment and excessive bail and fines.
- The ninth amendment, which acknowledges that other rights exist outside of those listed in the Constitution.
- The tenth amendment, which reserves powers to the states or the people that are not specifically given to the federal government.
Since the early 20th century, Congress has stipulated that an amendment must be ratified by three-fourths of the states within seven years of its submission to become part of the Constitution. This authority was affirmed by the Supreme Court in 1939.
In total, approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789, with members of the House and Senate proposing around 200 amendments during each two-year term. However, only 27 amendments have been successfully ratified and added to the Constitution.
Amendment 25: A Mid-Century Addition to the Constitution
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Frequently asked questions
A constitution is a document that outlines the rules and principles that govern a country or organization. It establishes the structure and powers of the government and defines the rights and responsibilities of its citizens.
An amendment is a change or addition made to the constitution. Amendments are often proposed to update or clarify the document, address new issues, or correct previous oversights. They can be made by altering the text of the constitution directly or by adding supplemental additions.
The process of amending a constitution varies across different countries. In the United States, for example, an amendment must be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. It is then sent to the states for ratification, where three-fourths of the states must approve it for it to become part of the Constitution. The Archivist of the United States administers the ratification process and issues a certificate proclaiming the amendment.
