Isabella Carter
The United States Constitution is composed of the Preamble, seven articles, and 27 amendments. Amendments are modifications to the constitution of a polity, organization, or other types of entities. The individual parts of the constitutional amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. For example, the Fourth Amendment prohibits unreasonable searches and seizures by the government, while the Fifth Amendment provides protections for the accused, including the right against self-incrimination. These amendments are part of the first ten amendments collectively known as the Bill of Rights.
| Characteristics | Values |
|---|---|
| Number of Amendments to the US Constitution | 27 |
| First 10 Amendments | The Bill of Rights |
| 13th, 14th, and 15th Amendments | Reconstruction Amendments |
| Number of Proposals to Amend the Constitution | ~11,848 |
| Number of Amendments Proposed by Congress | 33 |
| Number of Amendments Proposed by a National Convention | 17 |
| Number of Amendments to the Texas State Constitution | 474 |
| Requirements for Amendments | Ratification by requisite number of states, special procedures, supermajorities, direct approval by electorate |
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The US Constitution
The individual parts of constitutional amendments are referred to as sections or clauses. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions, known as codicils, which change the frame of government without altering the existing text of the document.
The process of amending the US Constitution typically begins with a proposal by the United States Congress, which then sends the amendment to the states for ratification. An amendment must be ratified by a requisite number of states, usually three-fourths (38 states), to become an operative part of the Constitution. The Archivist of the United States administers the ratification process and issues a certificate proclaiming the amendment's adoption.
The Bill of Rights includes significant amendments such as the Fourth Amendment, which protects individuals from unreasonable searches and seizures of their persons and private property by the government. The Fifth Amendment provides several protections for the accused, including the right against self-incrimination and the protection from double jeopardy. The Ninth Amendment states that the listing of specific rights in the Constitution does not exclude other rights not explicitly mentioned.
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Amendments
A constitutional amendment is a modification of the constitution of a polity, organisation, or other type of entity. Amendments are often woven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions (codicils), thereby changing the frame of government without altering the existing text of the document.
Constitutions typically require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. Examples of such special procedures include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of two or more different special procedures.
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. The first ten amendments were adopted and ratified simultaneously and are known collectively as the Bill of Rights. The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments.
The individual rights protected by the Bill of Rights include the Fourth Amendment's prohibition on unreasonable search and seizure by the government. The Fifth Amendment provides several protections for those accused of crimes, including the right against self-incrimination and freedom from double jeopardy. The Ninth Amendment states that the listing of specific rights in the Constitution does not exclude other rights not explicitly mentioned.
The process of amending the US Constitution involves proposing an amendment by Congress or a national constitutional convention. For an amendment to become operative, it must be ratified by three-fourths (38) of the state legislatures or a convention of states. Congress has enacted statutes governing the amendment process, and the Archivist of the United States administers the ratification process.
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Ratification
The process of amending the US Constitution is outlined in Article V of the Constitution. Congress must 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 this process. Once proposed, the amendment is sent to the states for ratification.
- Ratification by state legislatures: Three-fourths of the state legislatures (38 out of 50 states) must ratify the amendment.
- Ratification by state conventions: Three-fourths of state ratifying conventions must approve the amendment. This method has only been specified once, for the Twenty-First Amendment, which repealed Prohibition.
Congress determines which of these two methods the states must use to ratify a particular amendment. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. Once an amendment has been ratified, the Archivist issues a certificate proclaiming that it has become an operative part of the Constitution.
Since the early 20th century, Congress has often stipulated a ratification deadline, usually seven years from the date of submission to the states. The first amendment with a time limit was the 18th Amendment (Prohibition), proposed in 1917. The 20th Amendment was the first to include a time delay before taking effect, in this case, one year after ratification.
To date, there have been 27 amendments ratified and added to the US Constitution, with six amendments adopted by Congress but not ratified by the required number of states.
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Bill of Rights
The first ten amendments to the US Constitution, ratified on December 15, 1791, are collectively known as the Bill of Rights.
The Bill of Rights was written by James Madison, then a member of the US House of Representatives, to limit government power and protect individual liberties. Madison's proposals were largely in response to concerns raised by Anti-Federalists, who wanted power to remain with state and local governments and advocated for a bill of rights to safeguard individual liberty.
The individual amendments that make up the Bill of Rights are referred to by number (First Amendment, Second Amendment, etc.) and each amendment addresses a specific right or set of rights. For example, the First Amendment protects freedom of speech and religion, while the Fourth Amendment prohibits unreasonable searches and seizures.
The Fifth Amendment provides several protections for people accused of crimes, including the right to a grand jury, protection against double jeopardy, and the right to just compensation for property taken. The Sixth Amendment provides additional protections for the accused, including the right to a speedy and public trial, an impartial jury, and the right to be informed of criminal charges.
The Ninth Amendment states that the listing of specific rights in the Constitution does not deny or disparage other rights retained by the people, while the Tenth Amendment emphasises that powers not delegated to the federal government by the Constitution are reserved for the states or the people.
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Special procedures
A constitutional amendment is a modification of the constitution of a polity, organisation, or other type of entity. Amendments are often woven into the relevant sections of an existing constitution, directly altering the text. They can also be appended to the constitution as supplemental additions (codicils), thereby changing the frame of government without altering the existing text of the document.
Most constitutions require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. These special procedures may include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of two or more different special procedures. For example, in the case of the Texas State Constitution, the only method for proposing an amendment is through the legislature, either in a regular or special session. The governor may call a special session and specify its agenda. To become part of the constitution, proposed amendments must be approved by a majority of voters in a referendum.
In the United States, Congress has enacted statutes governing the constitutional amendment process. When a constitutional amendment is sent to the states for ratification, the Archivist of the United States is responsible for administering the ratification process under the provisions of 1 U.S.C. § 106b. Once properly ratified, the archivist issues a certificate proclaiming that an amendment has become an operative part of the Constitution. Since the early 20th century, Congress has, on several occasions, stipulated a ratification deadline for amendments, which was affirmed by the Supreme Court of the United States in 1939.
In some cases, state legislatures have used their power to apply for a national convention to pressure Congress into proposing a desired amendment. For example, the movement to amend the Constitution to provide for the direct election of senators began to see such proposals pass the House of Representatives only to be blocked in the Senate from the 1890s onwards. As a result, more and more state legislatures adopted resolutions demanding that a convention be called, pressuring the Senate to approve what later became the Seventeenth Amendment.
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Frequently asked questions
The individual parts of the constitutional amendments are called articles.
A constitutional amendment is a modification of the constitution of a polity, organisation, or other type of entity. A constitutional alteration is another name for the same thing.
There have been 27 amendments to the U.S. Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791.
An amendment must be ratified by either the legislatures of three-fourths (38) of the states or by a national constitutional convention to become an operative part of the Constitution.
The first 10 amendments to the U.S. Constitution are known as the Bill of Rights.
