Eleanor Finch
The United States Constitution has a two-step process for amendments, as outlined in Article Five. Amendments must be proposed and ratified before becoming operative. Since 1789, there have been approximately 11,848 proposals to amend the Constitution, with 33 amendments proposed by Congress and sent to the states for ratification. Twenty-seven amendments have been successfully ratified and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously in 1791.
| Characteristics | Values |
|---|---|
| Total number of amendments proposed | 33 |
| Number of amendments ratified | 27 |
| First 10 amendments | Ratified collectively as the Bill of Rights on December 15, 1791 |
| 13th, 14th, and 15th amendments | Known as the Reconstruction Amendments |
| Number of proposals to amend the Constitution introduced in Congress since 1789 | ~11,848 |
| Number of proposals that have become part of the Constitution | 0 |
| Number of proposals that received a vote by either the full House or Senate since 1999 | ~20 |
| Last proposal to gain necessary two-thirds support in both the House and the Senate | District of Columbia Voting Rights Amendment in 1978 |
| Number of amendments that must be ratified by three-fourths of the states to become part of the Constitution | 38 |
| Article I, Section 2 modified by | Section 2 of the 14th Amendment |
| Amendment 14, Section 2 modified by | Section 1 of the 26th Amendment |
| Amendment 18 | Repealed |
| Amendment 22, Section 1 | No person shall be elected to the office of the President more than twice |
| Amendment 27 | Originally proposed on September 25, 1789, and ratified on May 7, 1992 |
Explore related products
What You'll Learn
The Bill of Rights
The United States Constitution has had 27 amendments, with approximately 11,848 proposals to amend it having been introduced in Congress since 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791, and form what is known as the "Bill of Rights".
The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble, as well as other natural and legal rights. It also includes explicit limitations on the government's power in judicial and other proceedings, declaring that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people.
The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes, a right previously given to British soldiers before the Revolutionary War. The Fourth Amendment bars the government from unreasonable search and seizure of an individual or their private property. The Fifth Amendment provides several protections for people accused of crimes, including the right to a grand jury, protection from double jeopardy, and protection from self-incrimination. The Sixth Amendment provides additional protections for people accused of crimes, including the right to a speedy and public trial and trial by an impartial jury. The Seventh Amendment extends the right to a jury trial in Federal civil cases. The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment. The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out. The Tenth Amendment says that the Federal Government only has those powers delegated to it in the Constitution.
The Prohibition Amendment: Outlawing Alcohol's Dark History
You may want to see also
The Reconstruction Amendments
The 13th Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. It changed a portion of Article IV, Section 2 of the Constitution, and granted Congress the power to enforce this article through appropriate legislation.
The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons born or naturalized in the United States. It changed a portion of Article I, Section 2, and included provisions to prevent states from abridging the privileges or immunities of citizens or denying them due process of law.
The 15th Amendment, proposed in 1869 and ratified in 1870, prohibits the federal and state governments from denying a citizen the right to vote based on "race, color, or previous condition of servitude." This amendment was the last of the Reconstruction Amendments and was an important step towards protecting the franchise of all citizens, regardless of race.
While the Reconstruction Amendments were a significant step towards guaranteeing freedom and civil rights, their promise was eroded by state laws and federal court decisions in the late 19th century. It was not until the mid-20th century, with Supreme Court decisions like Brown v. Board of Education and civil rights legislation, that the full benefits of these amendments were realized.
How ALEC is Pressuring States to Change Laws
You may want to see also
Ratification process
The United States Constitution has had 27 amendments, with 33 proposed since it was enacted on March 4, 1789. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791. The process of amending the Constitution is outlined in Article Five of the Constitution and consists of two steps: proposing an amendment and ratifying it.
The first step of proposing an amendment can be done in two ways: by a two-thirds majority vote in both the House of Representatives and the Senate, or by a national convention called by Congress on the application of two-thirds of state legislatures (34 since 1959). This second option has never been used. Once proposed, an amendment is sent to the states for ratification.
The second step of ratification requires that three-fourths of the states (38 out of 50) approve the amendment. This can be done in two ways, as determined by Congress: through the state legislatures or ratifying conventions. The first method requires the legislatures of three-fourths of the states to ratify the amendment, while the second method, which has only been used once in history for the Twenty-First Amendment, requires ratifying conventions in three-fourths of the states.
The Archivist of the United States is responsible for administering the ratification process under the provisions of 1 U.S.C. § 106b. The Archivist officially notifies the states' governors, who then submit the amendment to their state legislatures or conventions. Once ratified, the state sends an original or certified copy of the action to the Archivist, who forwards it to the Director of the Federal Register for examination and custody.
When the Office of the Federal Register (OFR) receives the required number of authenticated ratification documents, it 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 is complete.
Hartford Convention's Proposed Amendments: Constitutional Changes
You may want to see also
Explore related products
Congressional proposal
The process of amending the United States Constitution is detailed in Article Five of the Constitution. This process involves two steps: proposing and ratifying amendments. The United States Congress initiates the process by proposing an amendment whenever a two-thirds majority in both the Senate and the House of Representatives deem it necessary. Alternatively, Congress can propose an amendment by calling a national convention on the application of the legislatures of two-thirds of the states (34 since 1959). However, this option has never been utilised.
Once an amendment is proposed, it is sent to the states for ratification. The Archivist of the United States is responsible for administering the ratification process. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 since 1959). This ratification can occur through the legislatures of three-fourths of the states or by state ratifying conventions, as determined by Congress.
Since the Constitution came into operation on March 4, 1789, Congress has proposed 33 amendments, 27 of which have been successfully ratified and are now part of the Constitution. The first ten amendments, collectively known as the Bill of Rights, were ratified simultaneously on December 15, 1791. The 13th, 14th, and 15th amendments are known as the Reconstruction Amendments.
It is worth noting that Congress has enacted statutes governing the amendment process, including setting ratification deadlines. For example, since the early 20th century, Congress has stipulated that an amendment must be ratified within seven years of its submission to the states. This authority was affirmed by the Supreme Court in 1939.
While Congress has introduced approximately 11,848 proposals to amend the Constitution since 1789, most have failed to progress beyond the congressional committees. In recent decades, none of the proposals have become part of the Constitution. The last proposal to gain the required two-thirds support in both the House and the Senate was the District of Columbia Voting Rights Amendment in 1978.
Amendments: Four Vital Constitutional Changes Ratified
You may want to see also
State conventions
Article Five of the United States Constitution outlines a two-step process for amending the nation's plan of government. One of the two methods authorized by Article Five for proposing amendments to the Constitution involves state conventions. This method involves the application of two-thirds of state legislatures (34 out of 50 states) to call for a convention to propose amendments. This process does not require the consent of the federal government.
The state convention method has never been used to propose an amendment to the Constitution, although there have been two near misses since the 1960s. In 1949, six states applied for a convention to propose an amendment to enable the participation of the United States in a world federal government. This effort was part of a broader movement at the time to integrate the United States into a potential world government.
The second attempt was to propose an amendment that would overturn two Supreme Court decisions, Wesberry v. Sanders and Reynolds v. Sims, which required states to adhere to the one man, one vote principle in drawing electoral districts for state and federal elections. This attempt fell just one state short of reaching the required 34 states to force Congress to call a convention in 1969.
There have been over 600 state constitutional conventions held to amend state constitutions, with little evidence of scope exceedance. However, concerns remain about the potential for an Article V convention to become a "runaway convention" that attempts to exceed its scope. Congress has the power to determine whether limited conventions are allowed and may refuse to submit amendments resulting from an Article V convention to the states for ratification.
Understanding Amendments: Your Vote, Your Voice
You may want to see also
Frequently asked questions
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.
There have been 27 amendments to the Constitution. The first ten amendments were adopted and ratified simultaneously and are known collectively as the Bill of Rights.
Amendments must be properly proposed and ratified before becoming operative. This may be done by a two-thirds majority in both the Senate and the House of Representatives or by 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-fourths of the states.
