Isabella Carter
As of 2025, there is no 28th Amendment to the US Constitution. However, there have been several proposals for a 28th Amendment, including the Equal Rights Amendment (ERA), which seeks to ensure equality under the law regardless of sex. The ERA has been recognised by President Joe Biden and supported by hundreds of thousands of Americans. Another proposal for a 28th Amendment is the For Our Freedom Amendment, which aims to reduce the influence of big money in politics and enable reasonable limits on campaign contributions. It's important to note that any change suggested to the US Constitution after the 27th Amendment can be considered a proposed 28th Amendment.
| Characteristics | Values |
|---|---|
| Number of Amendments in the U.S. Constitution | 27 |
| Date of Last Amendment | 1992 |
| Subject of Last Amendment | Limit on Congressional pay increases |
| Proposed 28th Amendment | Equal Rights Amendment (ERA) |
| Subject of Proposed 28th Amendment | Equality of rights under the law on account of sex |
| Support for Proposed 28th Amendment | Bipartisan support, grassroots volunteer action, collaborative partnerships, President Biden, 200,000+ Americans |
| Obstacles to Proposed 28th Amendment | Procedural questions, doubts around ratified amendments, potential legal challenges |
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What You'll Learn
- The US Constitution currently has 27 amendments, the last of which was ratified in 1992
- The Equal Rights Amendment (ERA) has been recognised by President Biden as the 28th Amendment
- The ERA has been ratified by 38 states and seeks to ensure equality under the law
- The validity of the ERA may be challenged in court despite meeting Article 5 requirements
- The 28th Amendment could be passed without Congress voting on it, but this is unlikely
The US Constitution currently has 27 amendments, the last of which was ratified in 1992
The US Constitution currently has 27 amendments, with the 27th Amendment being the most recent, ratified in 1992. This amendment imposed a limit on Congressional pay increases.
There are several proposals for a 28th Amendment, which have gained traction and support across the country. One such proposal is the "Congressional Reform Act of 2018", which suggests that laws should apply equally to US citizens and members of Congress. This proposal has been around for several years, and while it has not been proposed by any member of Congress, it has gained support from prominent figures such as Warren Buffett. The proposal suggests that:
> "Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators and/or Representatives; and, Congress shall make no law that applies to the Senators and/or Representatives that does not apply equally to the citizens of the United States."
Another proposal for the 28th Amendment is the "For Our Freedom Amendment", which aims to reduce the influence of big money in politics and enable Congress and citizens to set reasonable limits on campaign contributions and dark money political spending. This proposal has gained support from cross-partisan groups, grassroots volunteers, and collaborative partnerships.
Additionally, there is the Equal Rights Amendment (ERA), which has been recognised by President Joe Biden as the 28th Amendment. The ERA states that:
> "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex."
While the ERA has been recognised by the President and has met the requirements of Article 5, it is likely that its validity will be challenged in court. Despite this, the recognition of the ERA as the 28th Amendment has been a significant step towards gender parity and substantive advancement of women's rights in the country.
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The Equal Rights Amendment (ERA) has been recognised by President Biden as the 28th Amendment
The ERA was first proposed in 1923 and passed by Congress in 1972. For an amendment to be added to the US Constitution, it must be ratified by three-fourths (38) of the 50 state legislatures. By 1982, only 35 states had ratified the ERA. In 2020, Virginia became the 38th state to ratify it. Despite this, there was opposition to including the ERA in the Constitution, with some arguing that the deadline to do so had passed.
President Biden, a long-time supporter of the ERA, recognised it as the 28th Amendment on 17 January 2025, just three days before leaving office. He affirmed that the ERA had cleared all necessary hurdles to be added to the Constitution and declared it the law of the land. Biden's recognition of the ERA as the 28th Amendment has potential implications for women's rights, including reproductive rights, economic equality, and protections against sex-based discrimination.
However, it is unclear what practical impact Biden's declaration will have. The National Archivist, responsible for certifying and publishing new amendments, stated in December 2024 that the ERA could not be certified as part of the Constitution due to legal, judicial, and procedural reasons. Despite this, Biden's announcement is a symbolic affirmation of equal rights for men and women and a step towards denouncing discrimination based on sex.
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The ERA has been ratified by 38 states and seeks to ensure equality under the law
The US Constitution has only 27 amendments, with the last one being ratified in 1992. However, there have been several proposals for a 28th Amendment over the years. One of the most notable proposals is the Equal Rights Amendment (ERA), which seeks to ensure equality under the law regardless of sex. While the ERA has been ratified by 38 states and recognised by President Joe Biden, it has faced legal challenges and its validity is still disputed by some.
The text of the ERA is as follows: "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." The goal of the ERA is to guarantee that neither the federal government nor any state government can discriminate on the basis of sex. This would represent a significant advancement for women's rights, comparable to the 19th Amendment, which granted women the right to vote in 1920.
The ERA has a long history dating back several decades. It was first introduced in Congress in 1923 and has been reintroduced in every subsequent session. In 1972, the ERA passed in Congress and was sent to the states for ratification. Despite an initial surge of support, the ERA fell short of the required number of states for ratification by the original deadline of 1979. However, several states ratified the ERA after the deadline, and in 2020, Virginia became the crucial 38th state to ratify it, leading to debates about its validity.
While the ERA has faced legal challenges and political opposition, it has strong legal arguments to support its ratification. The American Bar Association, an independent group of lawyers, affirmed that the ERA has been appropriately ratified. Additionally, public opinion polls show widespread support for the ERA, with a 2020 Pew Research Center poll finding that 78% of Americans believe it should be part of the Constitution.
The recognition of the ERA as the 28th Amendment by President Biden is a significant step towards ensuring equality under the law. However, the road to its final ratification and implementation may still face obstacles and will likely continue to be a subject of political debate.
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The validity of the ERA may be challenged in court despite meeting Article 5 requirements
The Equal Rights Amendment (ERA), which would become the 28th Amendment to the US Constitution, has met all the requirements of Article 5 to become an amendment. Article 5 of the US Constitution outlines the process for amending the document. It requires amendments to be passed by two-thirds of each house of Congress and ratified by three-fourths of the states, or 38 states. Despite this, the validity of the ERA may still be challenged in court.
The ERA seeks to solidify women's rights and make equal citizenship for all a possibility. It would alter the text of the Constitution, explicitly prohibiting gender discrimination and improving legal outcomes for women seeking redress for pay and employment discrimination. The second clause of the proposed amendment grants Congress the power to enforce legislation to protect women, girls, and marginalized genders.
While the ERA has met the procedural requirements of Article 5, there may still be legal challenges to its validity. It is important to note that amendments to the Constitution are permanent and cannot be reversed, except through the full ratification of another amendment. The American Bar Association, an independent group of lawyers, affirmed that the ERA has been appropriately ratified. Additionally, the Supreme Court has no role in the amendment process, and any intervention to remove a ratified amendment would be unconstitutional.
Despite these points, there is a history of procedural questions and doubts around ratified amendments, and it is possible that the ERA's validity could be disputed. However, the ERA has strong legal arguments to counter any procedural claims made against it. The potential for legal challenges highlights the complex nature of amending the Constitution and the significance of ensuring a robust and properly ratified amendment process.
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The 28th Amendment could be passed without Congress voting on it, but this is unlikely
The US Constitution currently has 27 amendments, the last of which was ratified in 1992. The 28th Amendment, therefore, refers to any proposed changes to the US Constitution since the ratification of the 27th Amendment.
The 28th Amendment could refer to a number of proposals. One proposal, supported by President Biden, is the Equal Rights Amendment (ERA), which seeks to solidify constitutional equality and reads:
> Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
Another proposal, known as the "Congressional Reform Act of 2018", seeks to require laws to apply equally to US citizens and members of Congress:
> Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators and/or Representatives; and, Congress shall make no law that applies to the Senators and/or Representatives that does not apply equally to the citizens of the United States.
Article 5 of the US Constitution specifies two procedures for amendments. The first method, which has never been used, involves two-thirds of state legislatures calling for a constitutional convention to propose new amendments, which are then subject to ratification by three-fourths of the states. This method does not require a Congressional vote or approval. The second method, which has been used for all amendments proposed or enacted so far, requires the proposed amendment to be approved by both houses of Congress (the Senate and the House of Representatives) by a two-thirds majority in each, and then ratified.
Therefore, while it is possible for the 28th Amendment to be passed without Congress voting on it, it is unlikely, as the constitutional convention method has never been used in the history of the United States.
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Frequently asked questions
No. The US Constitution has only 27 amendments, the last of which was ratified in 1992.
There are several proposals for the 28th Amendment, including the Equal Rights Amendment (ERA), which seeks to ensure equality of rights under the law regardless of sex. Other proposals include an amendment to limit the influence of money in politics and an amendment to ensure laws apply equally to US citizens and members of Congress.
No, the 28th Amendment has not been passed at all, and it is unlikely that it could be passed without Congress' voting on it. While Article 5 of the US Constitution specifies two procedures for amendments, one of which does not require Congressional approval, this method has never been used in the history of the United States.
