Malcolm Rivera
Amendments are changes or additions to a country's constitution. In the United States, there have been 27 amendments to the Constitution, with 33 proposed by Congress. The first ten amendments, known as the Bill of Rights, were ratified simultaneously in 1791. Amendments must be ratified by three-fourths of the states to become part of the Constitution. The process can be initiated by a two-thirds majority vote in both the Senate and House of Representatives or through a national convention called by Congress, although this method has never been used. The last proposal to gain the required support in both chambers was the District of Columbia Voting Rights Amendment in 1978.
| Characteristics | Values |
|---|---|
| Number of Amendments proposed by the United States Congress | 33 |
| Number of Amendments ratified | 27 |
| First 10 Amendments | Ratified on December 15, 1791, and known as the Bill of Rights |
| 13th, 14th, and 15th Amendments | Known as the Reconstruction Amendments |
| Number of Amendments that have been proposed but not ratified | 6 |
| Number of Amendments that are still pending | 4 |
| Number of Amendments that failed by its own terms | 1 |
| Number of Amendments that failed by the terms of the resolution proposing it | 1 |
| Amendment that repealed an earlier one | 21st Amendment, which repealed the 18th Amendment |
| Amendment that established the prohibition of alcohol | 18th Amendment |
| Amendment that provided for the establishment of the Dementia Prevention and Research Institute of Texas | SJR 3 |
| Amendment affirming that parents are the primary decision-makers for their children | SJR 34 |
| Amendment clarifying that a voter must be a United States citizen | SJR 37 |
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What You'll Learn
The Bill of Rights
The First Amendment protects the freedom of religion, speech, press, assembly, and the right to petition the government for redress of grievances. The Second Amendment, often a source of controversy, protects the right of the people to keep and bear arms. The Third Amendment prohibits the quartering of soldiers in civilian homes during peacetime without consent or in wartime except as prescribed by law. The Fourth Amendment protects citizens against unreasonable searches and seizures, while the Fifth Amendment guarantees due process of law, protects against self-incrimination, and prohibits private property from being seized for public use without just compensation.
The Sixth Amendment outlines the rights of the accused, including the right to a speedy trial, public trial by an impartial jury, and assistance of counsel. The Seventh Amendment guarantees the right to a trial by jury in certain civil cases, while the Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments. The Ninth Amendment states that the rights not specifically enumerated in the Constitution are retained by the people, and the Tenth Amendment clarifies that powers not delegated to the federal government are reserved for the states or the people.
These amendments form the foundation of individual rights and liberties in the United States, and they continue to shape the interpretation and application of constitutional law in the country.
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Reconstruction Amendments
The Reconstruction Amendments, also known as the Civil War Amendments, are the 13th, 14th, and 15th Amendments to the United States Constitution. They were adopted between 1865 and 1870, during the five years immediately following the American Civil War. The 13th Amendment, which abolished slavery and involuntary servitude (except as punishment for a crime), was proposed in 1864 and ratified in 1865. The 14th Amendment, which addresses citizenship rights and equal protection under the law for all persons, was proposed in 1866 and ratified in 1868. The 15th Amendment, which prohibits discrimination in voting rights based on "race, color, or previous condition of servitude," was proposed in 1869 and ratified in 1870.
These amendments were a significant part of the Reconstruction of the American South after the Civil War. They were intended to guarantee the freedom and certain civil rights of the formerly enslaved, and to protect the rights of all citizens of the United States. The Radical Republicans supported the passage of these amendments to ensure that the newly granted rights could not be easily repealed.
However, the promise of the Reconstruction Amendments was eroded by state laws and federal court decisions in the late 19th century. For example, in 1876 and beyond, some states passed Jim Crow laws that restricted the rights of African Americans. Important Supreme Court decisions that undermined these amendments included the Slaughter-House Cases in 1873 and Plessy v. Ferguson in 1896, which gave federal approval to Jim Crow laws.
It was not until the mid-20th century that the full benefits of the Reconstruction Amendments were realized. This came about through Supreme Court decisions such as Brown v. Board of Education in 1954, and civil rights legislation such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
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State ratification
The process of amending the U.S. Constitution is a challenging and lengthy endeavour, as the framers intended when they drafted the document in 1787. The Constitution has only been amended 27 times since then, and the process is outlined in Article V, which grants the authority to amend the Constitution.
The first step in the amendment process is for Congress to propose an amendment, which requires a two-thirds majority vote in both the House of Representatives and the Senate. This proposed amendment is then sent to the states for their consideration, where it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be done through the state legislatures or state conventions, with Congress specifying the mode of ratification.
The process of state ratification involves the Archivist of the United States, who heads the National Archives and Records Administration (NARA), submitting the proposed amendment to the states by sending a letter of notification to each state governor, along with informational material. The governors then formally submit the amendment to their state legislatures or call for a convention, depending on Congress's instructions. Once a state ratifies the proposed amendment, it sends an original or certified copy of the state action to the Archivist, who delegates the administrative duties to the Director of the Federal Register.
The Director examines the ratification documents for authenticity and legal sufficiency. If the documents are in order, the Director acknowledges receipt and maintains custody of them. Once the Director verifies that the required number of authenticated ratification documents has been received (38 out of 50 states), a formal proclamation is drafted 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 U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
It is worth noting that states have different paths for amending their constitutions, and these processes are generally more accessible than amending the federal Constitution. Additionally, while Congress has attached time limits to the ratification of proposed amendments since 1917, there is precedent for extending these deadlines, as seen with the Equal Rights Amendment (ERA).
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Congressional committees
The committee markup is the pivotal formal step for a bill's advancement. During the markup, committee members offer and vote on amendments, even potentially substituting the entire text. If extensive amendments are adopted, the committee may introduce a "clean bill," incorporating all amendments and assigned a new number. The committee's vote to report the bill, with or without amendments, determines its fate.
The Rules Committee in the House governs the procedures for considering bills. It can impose a "closed rule," restricting debate time and prohibiting amendments. The Committee of the Whole in the House debates and amends the bill but cannot pass it. Amendments must be relevant to the bill, and debate time is equally divided between proponents and opponents.
After the committee process, if a bill passes by a simple majority in the House, it moves to the Senate. In the Senate, the bill undergoes a similar process, being assigned to a committee, debated, and voted on. If the Senate makes changes, the bill returns to the House for concurrence, and negotiations may involve a conference committee with members from both chambers.
The back-and-forth between the House and Senate continues until they pass the same bill, which is then sent to the President for approval or veto. The committee reports, which detail the amendments and the purpose of the law, are valuable references for courts, executive departments, and the public.
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National convention
The United States Constitution grants the authority to amend it via Article V of the Constitution. This article establishes two methods for proposing amendments. The first method, which has been used for all 27 amendments so far, involves a two-thirds majority vote in both the House and the Senate. This method bypasses the need for a national convention and allows Congress to propose amendments directly.
The second method, which has never been used, is the national convention method. This method involves two-thirds of state legislatures applying to Congress for a convention to propose amendments. This process was included to prevent the national government from having too much power over the amendment process and to ensure that the states have a say.
There is debate over whether a convention summoned in this way would be limited to discussing a single issue or if it would have the power to propose anything it sees fit. Some scholars argue that the text of the Constitution only provides for a general convention, not limited in scope, while others believe that a limited convention is possible.
The convention method has been speculated upon as a way for states to push Congress to propose an amendment on a particular matter. However, there is also debate over Congress's control over other aspects of a convention, such as the rules of procedure and the voting rights of states on proposed amendments.
Once an amendment is proposed, either by Congress or a convention, it must be ratified by three-fourths of the states to become part of the Constitution.
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Frequently asked questions
There have been 27 amendments to the US Constitution.
Amendments are made when a two-thirds majority in both the Senate and the House of Representatives agree it is necessary, or through a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must then be ratified by three-quarters of states.
The first 10 amendments, known as the Bill of Rights, were ratified simultaneously in 1791. The 13th, 14th, and 15th amendments are the Reconstruction Amendments. The 21st Amendment repealed the 18th Amendment, ending the prohibition of alcohol.
Six amendments proposed by Congress have not been ratified by the required number of states. Four are still pending, one has failed by its own terms, and one has failed by the terms of the resolution proposing it.
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