Isabella Carter
The 27 additions to the US Constitution are called amendments. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. Since then, 17 more amendments have been added to the Constitution. Four of those amendments are still pending, one is closed and has failed by its own terms, and one is closed and has failed by the terms of the resolution proposing it. The last amendment was certified on May 18, 1992, by the Archivist of the United States, who is responsible for administering the ratification process.
| Characteristics | Values |
|---|---|
| Total number of amendments | 27 |
| First 10 amendments | Known as the Bill of Rights |
| Number of proposals to amend the Constitution since 1789 | 11,848 (as of January 3, 2019) |
| Number of amendments proposed by Congress and sent to the states for ratification | 33 |
| Number of amendments that have been ratified | 27 |
| Number of amendments that are still pending | 4 |
| Number of amendments that have failed | 2 |
| Date the first 10 amendments were ratified | December 15, 1791 |
| Date the Constitution was put into operation | March 4, 1789 |
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What You'll Learn
The first 10 amendments are known as the Bill of Rights
The Constitution of the United States is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments, ratified on December 15, 1791, are known as the Bill of Rights.
The Bill of Rights was added to the Constitution to limit government power and protect individual liberties. James Madison wrote the amendments, which were influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties. Madison, then a member of the U.S. House of Representatives, altered the Constitution's text where he saw fit. However, several representatives led by Roger Sherman objected, stating that Congress had no authority to change the Constitution's wording. Thus, Madison's changes were presented as a list of amendments that would follow Article VII. The House approved 17 amendments, of which the Senate approved 12, which were sent to the states for approval in August 1789.
The First Amendment of the Bill of Rights protects citizens' freedom of speech, freedom of assembly, and right to petition the government. It also prohibits Congress from making laws that establish a religion or restrict the free exercise thereof. The Second Amendment guarantees the right to bear arms, and the Third Amendment prohibits the quartering of soldiers in civilian homes without the owner's consent, except in cases prescribed by law. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes, requiring a warrant for searches and seizures.
The Ninth Amendment states that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage other rights retained by the people. The Tenth Amendment reserves powers not delegated to the United States by the Constitution to the states or the people.
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Amendments are proposed by Congress or a constitutional convention
The 27 additions to the US Constitution are called amendments. Amendments can be proposed by Congress or a constitutional convention, as outlined in Article V of the Constitution.
Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in the amendment process, and the joint resolution is forwarded directly to the National Archives and Records Administration (NARA).
The other method for proposing amendments is through a constitutional convention, which has never been used. This process is initiated when two-thirds of state legislatures (34 out of 50) apply to Congress for a convention. Congress then calls for a convention to propose amendments, which become law only after ratification by three-fourths of the states (38 out of 50).
The process of amending the Constitution involves several steps and stakeholders. Once an amendment is proposed by Congress or a constitutional convention, the Archivist of the United States administers the ratification process. The Archivist of the National Archives and Records Administration (NARA) has delegated many duties to the Director of the Federal Register. The Director examines ratification documents for authenticity and legal sufficiency. When the required number of authenticated ratification documents is received, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
There have been debates and concerns regarding the amendment process. Scholars have discussed Congress's control over conventions, including delegate selection, rule-setting, and voting thresholds. James Madison questioned the lack of detail in the article about the convention amendment process. Some delegates opposed the idea of Congress retaining sole power to propose amendments, arguing that it could lead to abuse of power. The Supreme Court has handled cases and arguments on the scope of amendments but has not provided a definitive determination on the state convention amendment method.
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The Archivist of the US administers the ratification process
The US Constitution is composed of the Preamble, seven articles, and 27 amendments, beginning with the Bill of Rights, which encompasses the first 10 amendments. The Archivist of the United States, who leads the National Archives and Records Administration (NARA), is tasked with overseeing the ratification process for amendments to the Constitution. This responsibility stems from Article V of the Constitution and 1 U.S.C. 106b.
The Archivist plays a crucial role in safeguarding and preserving the nation's governing documents. They ensure that any changes to the Constitution are executed in accordance with the law. When Congress proposes an amendment, the Archivist submits it to the states for their consideration. Each Governor receives a letter of notification along with informational material prepared by NARA's Office of the Federal Register (OFR). The OFR's role is to process and publish the proposed amendment, adding legislative history notes and making it available in slip law format.
Upon receiving a proposed amendment, a state may choose to ratify it. Once a state ratifies, it sends the Archivist an original or certified copy of the state's action. The Archivist then forwards this documentation to the Director of the Federal Register for verification and custody. The OFR examines the ratification documents for authenticity and legal sufficiency.
Once three-quarters of the states (38 out of 50) have ratified the proposed amendment, the OFR informs the Archivist. At this point, the Archivist's role is to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and the U.S. Statutes at Large, serving as official notification to Congress and the nation that the amendment process is complete. The Archivist's certification is a ceremonial act witnessed by dignitaries, including the President.
The Archivist's duties extend beyond the ratification process. They are responsible for maintaining custody of significant documents, such as the original Declaration of Independence, the Constitution, and the Bill of Rights. Additionally, during US presidential elections, the Archivist is entrusted with the custody of Electoral College documents, including certificates of ascertainment and certificates of vote.
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Amendments must be ratified by 38 of 50 states to pass
The process of amending the US Constitution is outlined in Article V of the Constitution. Congress must pass a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives. After this, the amendment is sent to the states for ratification.
For an amendment to pass and become part of the Constitution, it must be ratified by three-fourths (38 out of 50) of the states. This is done by each state's governor submitting the amendment to their state legislature. The state legislatures then vote on whether to ratify the amendment. Once an amendment is ratified by 38 states, it becomes part of the Constitution.
The process of amending the Constitution is a significant undertaking and has been completed 27 times in US history, beginning with the Bill of Rights, which comprises the first 10 amendments, ratified on December 15, 1791. The authority to amend the Constitution is derived from Article V, which also provides for an alternative process that has never been utilised. If requested by two-thirds of state legislatures, Congress shall call a constitutional convention for proposing amendments. Any amendment proposed by such a convention must be ratified by three-fourths of the states, just as those proposed by Congress.
The process of ratification is managed by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties associated with this function to the Director of the Federal Register. Once an amendment is ratified by the required number of states, the Director of 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 then published in the Federal Register and US Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
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The last amendment was certified in 1992
The US Constitution is composed of the Preamble, seven articles, and 27 amendments, the first 10 of which are known as the Bill of Rights. The last amendment, the Twenty-seventh Amendment, was certified in 1992, over 200 years after it was first submitted to the states for ratification.
The Twenty-seventh Amendment states that:
> No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
The idea behind this amendment is to reduce corruption in the legislative branch by requiring an election before a congressperson's salary increase takes effect. The amendment was first proposed in 1789, along with 11 other amendments. However, it was not ratified by enough states to come into force at that time. In 1982, Gregory Watson, a 19-year-old student at the University of Texas at Austin, wrote a paper claiming that the amendment could still be ratified. He then launched a nationwide campaign to complete its ratification.
On May 5, 1992, Alabama became the 38th state to ratify the amendment, finalising its addition to the Constitution. The Archivist of the United States, Don W. Wilson, certified that the amendment's ratification had been completed on May 18, 1992. The certificate of ratification was published in the Federal Register the following day.
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Frequently asked questions
The 27 amendments to the US Constitution are known as the Bill of Rights.
The authority to amend the Constitution of the United States is derived from Article V of the Constitution. Amendments must be proposed and then ratified by three-fourths of the States (38 out of 50) before becoming operative.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.
